Division I. Zones and Special Conditions

Chapter 18.52
PERMITTED USES

Sections

18.52.005    Permitted uses.

18.52.010A    Residential use chart.

18.52.010B    Commercial use chart.

18.52.005 Permitted uses.

(1) Uses within the zones identified in DMMC 18.05.080 shall be permitted, not permitted or allowed by conditional use permit or unclassified use permit as is set forth in DMMC 18.52.010A Residential Use Chart and 18.52.010B Commercial Use Chart below. Uses shall also be subject to the specific provisions of the chapter applicable to that zoning classification and applicable provisions of this Title.

(2) The City Manager may approve additional uses not explicitly set forth in DMMC 18.52.010A Residential Use Chart and 18.52.010B Commercial Use Chart below; provided, that such additional uses are consistent with and meet the intent of the specific provisions of the chapter applicable to that zoning classification, the Comprehensive Plan and applicable provisions of the Title. [Ord. 1601 § 11, 2014: Ord. 1591 § 131, 2014.]

18.52.010A Residential use chart.

 

TABLE 18.52.010A

RESIDENTIAL ZONE PRIMARY USES 

Use is:

P: Permitted

P/L: Permitted, but with special limitations

CUP: Conditional use review required

UUP: Unclassified use review required

SFR

RA-3,600

RM-2,400

RM-1,800

RM-900

RM-900A

RM-900B

R-SE

R-SR > 35,000

R-SR < 35,000

PR-R

Accessory buildings and uses

P/L[1]

P/L[1]

P/L[1]

P/L[1][16]

P/L[1][16]

P

P

P/L[1][27]

P/L[1][27]

P/L[1]

P

Adult family homes

P/L[13]

P/L[13]

P/L[13]

P/L[13]

P/L[13]

 

 

P/L[13]

P/L[13]

P/L[13]

P/L[13]

Agricultural crops

 

 

 

 

 

 

 

P/L[26]

P/L[26]

 

 

Amusement parks

 

 

 

 

 

 

 

 

 

 

P/L[44]

Antenna systems (one)

P/L[1]

P/L[1]

P/L[1]

P/L[1]

P/L[1]

 

 

P/L[1]

P/L[1]

P/L[1]

 

Antenna systems (not accessory)

CUP

CUP

CUP

CUP

CUP

CUP

CUP

CUP

CUP

CUP

CUP

Apartment hotels

 

 

 

 

P

 

 

 

 

 

 

Art galleries

P/L[2]

P/L[2]

P/L[2]

P/L[2]

P/L[2]

 

 

P/L[2]

P/L[2]

P/L[2]

 

Arts, entertainment, and recreation facilities

 

 

 

 

 

 

 

 

 

 

P/L[44]

Automobile, parking

 

 

 

P/L[17]

 

 

 

 

 

 

 

Bed and breakfast facilities[49]

UUP

UUP

UUP

UUP

UUP

UUP

UUP

UUP

UUP

UUP

UUP

Boarding homes

 

 

 

 

 

 

P

 

 

 

 

Boats, moorage, noncommercial in connection with community or recreational facilities

CUP/ L[3]

CUP/ L[3]

CUP/ L[3]

CUP/ L[3]

CUP/ L[3]

 

 

CUP/ L[3]

CUP/ L[3]

CUP/ L[3]

 

Booster stations or conversion plants[48]

 

UUP/L [46]

UUP/L [46]

UUP/L [46]

UUP/L [46]

 

 

 

 

UUP/L [46]

UUP/L [46]

Cemeteries (pre-1964)

P

P

P

P

P

 

 

P

P

P

 

Cemeteries (post-1964)

CUP

CUP

CUP

CUP

CUP

CUP

CUP

CUP

CUP

CUP

CUP

Churches

P/L[4]

P/L[4]

P/L[4]

P/L[4]

P/L[4]

P/L[4]

P/L[4]

P/L[4]

P/L[4]

P/L[4]

P

Columbariums, crematories, mausoleums with permitted cemeteries

CUP

CUP

CUP

CUP

CUP

CUP

CUP

CUP

CUP

CUP

CUP

Community care facilities

 

 

 

 

 

 

 

 

 

 

P/L[44]

Continuing care retirement communities

 

 

 

 

 

 

P

 

 

 

P/L[44]

Correctional institutions[47, 48]

 

 

 

 

 

 

 

UUP[45]

 

 

 

Day care centers and mini day care providers[50]

P/L[5]

P/L[5]

P/L[5]

CUP/ L[5]

CUP/ L[5]

CUP/ L[5]

CUP/ L[5]

CUP/ L[5]

P/L[5]

P/L[5]

P/L[5]

Day care, child and adult

 

 

 

 

 

 

 

 

 

 

P/L[38]

Duplex

 

P/L[14]

P/L[14]

P/L[14]

P

 

 

 

 

 

P

Electric power transmission facilities (NAICS code 22112)

 

 

 

 

 

 

 

 

 

 

UUP

Family day care providers

P/L[41]

P/L[41]

P/L[41]

P/L[41]

P/L[41]

P/L[41]

P/L[41]

P/L[41]

P/L[41]

P/L[41]

P/L[41]

Fire stations

CUP

CUP

CUP

CUP

CUP

CUP

CUP

CUP

CUP

CUP

CUP

Food services and drinking places

 

 

 

 

 

 

 

 

 

 

P/[36][44]

Foster care home (24 hour)

P

P

P

P

P

P

 

P

P

P

P

Fraternal organizations/societies

CUP

 

 

 

P/L[21]

 

 

CUP

CUP

CUP

P/L[44]

Fraternal societies, libraries, museums, meeting rooms, and admin. offices

 

 

 

 

 

 

UUP

 

 

 

P/L[44]

Golf courses, public or private

P/L[6]

P/L[6]

P/L[6]

P/L[6]

P/L[6]

 

 

P/L[6]

P/L[6]

P/L[6]

P

Greenhouse

P/L[1]

P/L[1]

P/L[1]

P/L[1]

P/L[1]

P/L[1]

P/L[1]

P/L[1]

P/L[1]

P/L[1]

 

Group home facilities[47, 48, 49]

UUP/L

UUP/L

UUP/L

UUP/L

UUP/L

UUP/L

UUP/L

UUP/L

UUP/L

UUP/L

UUP/L

Hamsters, nutria and chinchillas for commercial use

 

 

 

 

 

 

 

P/L[31]

P/L[31]

 

P/L[31]

Health care and social services

 

 

 

 

 

 

 

 

 

 

P/L[35][44]

Home occupation

P/L[11]

P/L[11]

P/L[11]

P/L[11]

P/L[11]

P/L[11]

 

P/L[11]

P/L[11]

P/L[11]

P/L[44][11]

Horticultural nurseries

UUP

UUP

UUP

UUP

UUP

UUP

UUP

UUP

UUP

UUP

UUP

Horses or cattle, private use

P/L[12]

P/L[12]

P/L[12]

P/L[12]

P/L[12]

 

 

P/L[28]

P/L[28]

P/L[12]

 

Hospitals [except mental and alcoholic]

 

 

 

 

P/L[18]

 

 

 

 

 

 

Hospitals [mental and alcoholic]

 

 

 

 

CUP

CUP

CUP

 

 

 

CUP

Libraries (public)

P

P

P

P

P

P

P

P

P

P

 

Management of companies and enterprises

 

 

 

 

 

 

 

 

 

 

P/L[44]

Mixed use

UUP

UUP

UUP

UUP

UUP

 

 

UUP

UUP

UUP

P[44]

Motels

 

 

 

 

P/L[20]

 

 

 

 

 

 

Multiple-family dwelling

 

P/L[14]

P

P

P

P

 

 

 

 

P

Museums

P/L[2]

P/L[2]

P/L[2]

P/L[2]

P/L[2]

 

 

P/L[2]

P/L[2]

P/L[2]

 

Nursing homes

 

 

 

 

P/L[42]

 

P

 

 

 

P

Nursery schools, day care centers or mini-care facilities and respite care facilities on same site as retirement housing, nursing homes, continuing care retirement communities, boarding homes or churches

 

 

 

 

 

 

P

 

 

 

 

Parks (public)

P/L[7]

P/L[7]

P/L[7]

P/L[7]

P/L[7]

P/L[7]

P/L[7]

P/L[7]

P/L[7]

P/L[7]

P/L[44]

Pasture and grazing

 

 

 

 

 

 

 

P/L[29]

P/L[29]

 

 

Permanent supportive housing / transitional housing

CUP/L [51]

CUP/L [51]

CUP/L [51]

CUP/L [51]

CUP/L [51]

CUP/L [51]

CUP/L [51]

CUP/L [51]

CUP/L [51]

CUP/L [51]

CUP/L [51]

Planned unit development

P

P

P

P

P

P

 

P

P

P

 

Professional, scientific, technical services

 

 

 

 

 

 

 

 

 

 

P/L[44]

Professional offices, medical, dental

 

 

 

 

P/L[22]

 

P/L[25]

 

 

 

P/L[44]

Public administration facilities

 

 

 

 

 

 

 

 

 

 

P/L[44]

Public utility facilities

P/L[8]

P/L[8]

P/L[8]

P/L[8]

P/L[8]

P/L[8]

P/L[8]

P/L[8]

P/L[8]

P/L[8]

P/L[32]

Public works maintenance and storage facility buildings

CUP

CUP

CUP

CUP

CUP

CUP

 

CUP

CUP

CUP

CUP

Race tracks, drag strips, motorcycle hills and Go-Kart tracks

 

 

 

 

 

 

 

CUP

CUP

CUP

CUP

Raising chickens, squab, rabbits

P/L[43]

P/L[43]

P/L[43]

P/L[43]

P/L[43]

P/L[43]

P/L[43]

P/L[30]

P/L[30]

P/L[43]

 

Real estate renting and leasing

 

 

 

 

 

 

 

 

 

 

P/L[34][44]

Recreational facilities – commercial

CUP

CUP

CUP

CUP

CUP

CUP

CUP

CUP

CUP

CUP

CUP

Recreational facilities – noncommercial

CUP/ L[9]

CUP/ L[9]

CUP/ L[9]

CUP/ L[9]

CUP/ L[9]

CUP/ L[9]

P/L[9]

CUP/ L[9]

CUP/ L[9]

CUP/ L[9]

P/L[39]

Religious grant writing, civic and professional organizations

 

 

 

 

 

 

 

 

 

 

P/L[44]

Retail services and trade

 

 

 

 

 

 

 

 

 

 

P/L[33][44]

Retirement housing

 

 

 

 

 

 

P

 

 

 

P

Sanitariums

 

 

 

 

P/L[23]

 

 

 

 

 

 

Sewage treatment plants[47, 48]

UUP/L

UUP/L

UUP/L

UUP/L

UUP/L

UUP/L

UUP/L

UUP/L

UUP/L

UUP/L

UUP/L

Single-family dwellings

P

P

P

P

P

P

 

P

P

P

 

Schools (elementary, middle or high schools), public or private

P/L[10]

P/L[10]

P/L[10]

P/L[10]

P/L[10]

P/L[10]

P/L[10]

P/L[10]

P/L[10]

P/L[10]

 

Services, miscellaneous

 

 

 

 

 

 

 

 

 

 

P/L[37][44]

Telecommunication facilities

CUP

CUP

CUP

CUP

CUP

CUP

CUP

CUP

CUP

CUP

P/L[40]

Townhouse development

 

P/L[15]

P/L[15]

P/L[15]

P/L[15]

 

 

 

 

 

 

Trailer parks

 

 

 

 

P/L[24]

 

 

 

 

 

 

Transportation facilities of statewide significance[47, 48]

UUP/L

UUP/L

UUP/L

UUP/L

UUP/L

UUP/L

UUP/L

UUP/L

UUP/L

UUP/L

UUP/L

Notes:

•    Limitations that correspond to the bracketed numbers [ ] are set forth below.

•    Bracketed numbers listed next to the use in the right-hand column apply in all allowed zones.

•    Uses and developments are also subject to the specific standards for each zone.

•    Conditional and Unclassified Use Permit requirements may be found in chapter 18.140 DMMC.

•    Uses permitted in PR-C Zone when part of a contiguous PR-C development under single ownership shall be permitted in the PR-R Zone.

The paragraphs listed below contain specific limitations and correspond with the bracketed [ ] footnote numbers from Table 18.52.010A.

1. Accessory Buildings and Uses. This regulation applies to all parts of Table 18.52.010A that have a [1].

Accessory buildings and uses including, but not limited to, the following:

(a) Accessory dwelling units (ADUs);

(b) Private garages designed to accommodate not more than four cars;

(c) Lodgers limited to two;

(d) Private docks and mooring facilities and a private boathouse or hangar for the sole use of occupants of the premises to accommodate private noncommercial pleasure craft. Boathouses, hangars, docks and moorings shall be accessory to the primary use on the property to which they are contiguous, provided:

(i) No part of the boathouse or hangar shall extend more than 16 feet above the mean high water level;

(ii) A structure shall not be located closer to a property side line, or property side line extended, than the width of the required side yard on the lot to which such facilities are accessory;

(iii) The total area of covered moorages, boathouses, or hangars shall not exceed 1,000 square feet;

(iv) Covered structures shall abut upon the natural shoreline;

(v) Such structure shall not have a width greater than 50 percent of the width of the lot at the natural shoreline upon which it is located; and

(vi) A boat using such moorage shall not be used as a place of residence when so moored.

(e) Foster family day care home;

(f) Greenhouses, private and noncommercial, for propagation and culture only and no sales from the premises are permitted;

(g) One antenna system that exceeds the maximum building height specified for the Residential Zone and which:

(i) Does not exceed 15 feet in height above the building height limitation specified for the zone;

(ii) Is set back the greater of the applicable building setback for the zone where located, or the vertical height of the antenna system measured from the center point of the base of the mast horizontally to the nearest property line;

(iii) Has a maximum horizontal cross-sectional area for that part of the mast that is above the building height limitation for the zone such that an imaginary four-inch diameter circle would encompass all points of the horizontal cross-section;

(iv) Has a maximum allowable three-dimensional space intrusion of 1,200 cubic feet for single ground plane antennas with a single driven element, and 200 cubic feet for beams, quads, and other multi-element antennas; except these limitations on three-dimensional space intrusion are not applicable to single long-wire antennas, single whip antennas, and single coaxial antennas. In this subsection, “three-dimensional space intrusion” means the space within an imaginary rectangular prism that contains all extremities of an antenna;

(v) Does not encroach into the front, side, or rear setbacks required for the zone. A guy wire and anchor point for an antenna system is prohibited in the required front yard or within three feet of the side or rear property lines; except if an alley abuts a rear property line, a guy wire and anchor point may extend to the rear property line; and

(vi) A variation from the above limitations not to exceed 10 percent may be granted by the Department of Planning, Building and Public Works; such variation shall be granted when it will not significantly increase the hazard factor, the aesthetic impact, or the economic consequences of such antenna systems.

(h) Swimming pools and other recreational facilities for the sole use of occupants of premises and their guests.

2. Art Galleries and Museums. This regulation applies to all parts of Table 18.52.010A that have a [2].

Art galleries and museums may be permitted when located in a public park.

3. Boat Moorages for Pleasure Craft. This regulation applies to all parts of Table 18.52.010A that have a [3].

Boat moorages for pleasure craft shall be permitted only in connection with community and noncommercial recreational facilities, whether the moorage is publicly or privately owned, subject to the issuance of a conditional use permit provided the following minimum conditions are conformed to:

(a) No boat sales, service, repair, boat charter, or rental are permitted on the premises;

(b) The deck of a pier shall be no more than five feet above high water level;

(c) On-shore toilet facilities shall be provided;

(d) Boats using such moorage facilities shall not be used as a place of residence;

(e) No overhead wiring shall be permitted on piers or floats except within covered moorage structures;

(f) All covered structures over water shall abut upon the shore and be at least 40 feet apart when placed side by side; when covered structures are placed end to end or side to end, one of the structures shall abut upon the shore and the structures shall be at least 15 feet apart;

(g) No covered structures over water shall be permitted to extend out from shore a distance greater than 50 percent of the maximum permitted distance from shore of a pier on subject premises, but in no case a distance of more than 300 feet from shore, unless the outer line of the property is less than 200 feet from shore, a covered structure may be permitted to extend to the outer property line;

(h) No pier, including finger piers, shall occupy more than 10 percent of the water area of a lot upon which the same is built, nor shall the total area of covered structures over water occupy more than 20 percent of the water area of such lot;

(i) All covered structures over water under one ownership shall be built in a uniform manner and design and no point in the roof of such structure shall be higher than 16 feet above high water in fresh water and no floating moorage located in fresh or tidal water shall have a structure higher than 16 feet from the water line;

(j) The roofs of covered moorage shall contain no more than 7,200 square feet of area in any one unit and such roofs shall not be supported directly by extended piling; and

(k) Side walls on covered structures shall not exceed 50 percent of the area of any three sides and shall be of rigid or semirigid material and shall cover from external view all roof bracing.

4. Churches. This regulation applies to all parts of Table 18.52.010A that have a [4].

Churches shall be permitted provided the following conditions are conformed to:

(a) All buildings and structures on the site shall not cover more than 40 percent of the area of the site;

(b) The depth of the required front yard shall be the same as that required for the zone in which the site is located as identified on the zoning map;

(c) Buildings and structures on the site shall not be closer than 30 feet to any property line that is a common property line with residential property, except that a detached one-family dwelling on such site need conform only to the yard requirements and required distance between buildings as prescribed by the zone in which the site is located;

(d) The height limits of the zone in which the site is located shall apply, except that the height shall be measured to the mean height of the roof;

(e) On interior lots the required side yards may be used to provide off-street parking areas and on corner lots the interior side yard may be similarly used. Under no circumstances may the required front yard or the side yard on the side street be used for off-street parking;

(f) Where areas devoted to off-street parking are contiguous to residentially zoned property, then on the property line common with such residentially zoned property there shall be erected and maintained a solid wall or view-obscuring fence or hedge not less than five feet nor more than six feet in height, and such walls or fences may be built progressively as the parking facilities are installed;

(g) All lights provided to illuminate a parking area or building on such site shall be so arranged as to direct the light away from adjoining premises;

(h) Church sites shall abut and be accessible from at least one public street having two moving traffic lanes and a dedicated width that will permit not less than a 36-foot roadway;

(i) Signs are allowed as provided in chapter 18.200 DMMC; and

(j) For purposes of determining conformance to the foregoing conditions and the parking requirements, a plot plan showing ultimate location and use of all buildings, location of signs, location and amount of off-street parking areas, location and adequacy of ingress to and egress from parking areas, landscaping and sketches to scale showing the building elevations and floor space to be devoted to seating or assembly purposes shall be filed with and approved by the Planning, Building and Public Works Department prior to the issuance of any building permit and thereafter the issuance of building permits shall be governed by and conform to the approved plot plan. If, later, a modified plot plan is submitted, the modified plan shall conform to the conditions and requirements of this Title or any amendments in effect at the time the modified plan is submitted.

5. Day Care Centers or Mini Day Care Programs. This regulation applies to all parts of Table 18.52.010A that have a [5].

Nursery schools, day care centers, or mini day care programs shall be permitted when located on the same site with public or private schools or churches.

6. Golf Courses, Public or Private. This regulation applies to all parts of Table 18.52.010A that have a [6].

Golf courses, private or public, including clubhouse, accessory driving range, pitch and putt courses, shall be permitted, except the following minimum conditions are required:

(a) A building or structure shall maintain a distance of not less than 50 feet from an exterior boundary line that is a common property line with residential property and from a street boundary line;

(b) A service area, a side of which constitutes a common property line with residential property, shall be screened from such property line by the erection and maintenance on such common property line of a solid wall or view-obscuring fence or hedge not less than five or more than six feet in height;

(c) No required yard or open space on the premises shall be used to provide parking spaces for cars or vehicles; and

(d) Where property devoted to these purposes is bounded by a street, and then on a street property line, no entrance-exit facilities for automobiles shall be located closer than 100 feet to a street intersection.

7. Parks, Public. This regulation applies to all parts of Table 18.52.010A that have a [7].

Parks, publicly owned and operated shall be permitted, except the following minimum conditions are required:

(a) No bleachers or stadiums are permitted if the site is less than 10 acres, and no public amusement devices for hire are permitted;

(b) Lights provided to illuminate a building or recreational area shall be so arranged as to reflect the light away from a lot upon which a dwelling unit is located; and

(c) A building or structure or service yard on the site shall maintain a distance not less than 50 feet from a property line that is a common property line with residential property and from a public street.

8. Public Utility Facilities. This regulation applies to all parts of Table 18.52.010A that have a [8].

Public Utility Facilities shall be permitted, except the following minimum conditions shall apply:

(a) Public utility distribution permitted by chapter 18.175 DMMC, Public Utilities, is not affected by this section;

(b) Public utility facilities necessary for the transmission and distribution of services for the area when the facilities are located underground below the natural grade of the site, except that surface-mounted transformers, telephone terminals, and metering devices less than five feet in height required in connection with underground services are permitted above ground;

(c) Public utilities facilities, such as but not limited to telephone exchanges, sewage or water pumping stations, electrical distribution substations, water storage reservoirs or tanks necessary for distribution, but not including business offices, warehousing, storage buildings or yards, service yards, sewage treatment plants or bulk gas storage or the like, are permitted above ground, subject to the following minimum standards:

(i) Any equipment or structure except architectural screens and fences shall observe a distance of one foot for each one foot the equipment or structure rises above the grade but in no case less than 20 feet from a property line that is a common property line with a street, alley, or with residential property;

(ii) When security fences are used, they shall be supplemented with a Type II landscaping strip so as to minimize the industrial character of such fences;

(iii) Public utility facilities shall be landscaped as required in DMMC 18.195.330, Public or institutional uses;

(iv) When the facility includes bulky structures such as water towers or standpipes, the landscaping shall include either existing or planted trees of such size as will partially screen and effectively break up the massive appearance of such structures;

(v) Landscaping shall be planted according to industry standards and chapter 18.195 DMMC, Article II, General Landscaping Requirements. The landscaping will be maintained in good condition at all times. Landscaping shall be planted as a yard improvement at or before the time of completion of the first structure or within a reasonable time thereafter considering weather and planting conditions; and

(vi) Site plans, elevation and landscape plans shall be submitted and approved by the Building Department prior to the issuance of a building permit. The Building Department may require the posting of a surety bond guaranteeing to the City the installation and improvement of the site in accordance with the approved screening and landscape plans in an amount estimated to be equal to the cost of such screening and landscaping.

9. Recreational Facilities. This regulation applies to all parts of Table 18.52.010A that have a [9].

Recreational facilities, community and noncommercial, including clubhouse facilities, subject to the issuance of a conditional use permit, except the following minimum conditions are required:

(a) A solid wall or view-obscuring fence or hedge not less than five feet nor more than six feet in height shall be erected and maintained on any exterior boundary line that is a common property line with residential property, except that on a portion of the common property line constituting the depth of the required front yard on the adjoining residential property such wall, fence, or hedge shall be not less than 36 inches nor more than 42 inches in height. Wherever a six-foot wall, fence, or hedge is permitted, open wire mesh screens may be erected to heights greater than six feet where needed for protective purposes;

(b) A building or structure on the site shall maintain a distance not less than 25 feet from any abutting residential property;

(c) Lights provided to illuminate a building or recreational area shall be so arranged as to reflect the light away from a lot upon which a dwelling unit is located; and

(d) The site shall be located upon, or have adequate access to, a public thoroughfare.

10. Schools. This regulation applies to all parts of Table 18.52.010A that have a [10].

Schools, elementary, junior high, middle, and high, and community colleges, public and private; provided, the following minimum conditions are required:

(a) No less than the following minimum site areas shall be provided for public schools:

(i) For elementary schools, five acres;

(ii) For junior high or middle schools, 10 acres;

(iii) For senior high schools, 15 acres;

(iv) For community colleges, 20 acres;

(b) For private elementary, junior high or middle, and senior high schools, the minimum site area shall be three acres. These private schools shall be approved by the State Board of Education;

(c) Buildings or structures on the site shall maintain all yards required in the zone in which the site is located as identified on the zoning map;

(d) Buildings and structures shall maintain a distance not less than 30 feet from a property line that is a common property line with residential property;

(e) Buildings, including accessory buildings and structures, shall not cover more than 40 percent of the area of the site;

(f) Renovation, rehabilitation, or construction of schools, both public and private, shall be processed as a Type II land use action.

11. Home Occupation. This regulation applies to all parts of Table 18.52.010A that have a [11].

Home occupations shall be permitted, except the following minimum conditions are required:

(a) Occupation shall be conducted entirely within the dwelling and not in an accessory building, except for a bona fide garage;

(b) Such use does not involve construction features not customary or incidental in a dwelling;

(c) The entrance to the area used for the home occupation shall be only from an entrance customary to a residential use and not exceeding four feet in width at its opening;

(d) There shall be no signs related to the home occupation or other exterior evidence of the occupation being conducted within the dwelling, including functional evidence;

(e) Such home occupation is approved by the City Manager, the criteria for such approval to be whether such home occupation will adversely affect the residential qualities of the location in which it will operate. Without limitation, factors for such decision may be size of building, parking, potential noise, potential nuisance, potential traffic, and the like;

(f) The decision of the City Manager may be appealed to the Hearing Examiner by filing a written notice of appeal with the City Clerk within 14 days of the mailing of the notification of denial. The appeal is heard as provided in chapters 18.20 and 18.240 DMMC;

(g) Should a business license be granted and should the nature of the business thereafter acquire features that may have resulted in a denial of a business license in the first instance, the City Manager shall have authority to revoke the business license and the provisions codified in DMMC 5.04.020, License or license registration required – Transfer prohibited, 5.04.030, Licenses – Fees – Appeal, 5.04.060, License or license registration revocation – Appeal, 5.04.070, Renewal – Appeal, and 5.04.090, Reasons for enactment of chapter, shall become effective;

(h) Motor vehicle repair operations are prohibited.

12. Keeping of Horses or Cattle for Private Use. This regulation applies to all parts of Table 18.52.010A that have a [12].

The keeping of horses or cattle for private use only shall be permitted in any Residential Zone, except the following minimum conditions are required:

(a) The minimum area of land shall not be less than one acre, in which area the animal shall be restrained or controlled in such a manner that the animal cannot freely leave the premises;

(b) Not more than one horse or one cow for each one-half acre of the total site area is permitted;

(c) To restrain an animal from causing damage to adjacent property, the owner of that property where animals are to be kept shall be responsible to erect and maintain an animal-control fence no closer than five feet from the adjacent property line;

(d) Stables, corrals, exercise yards, or rings shall not be located closer than 35 feet to any boundary property line or closer than 45 feet to a building containing a dwelling unit or accessory living quarters on the same premises; and there shall be no open-air storage of hay, straw, shavings, or similar organic materials closer than 35 feet to any boundary property line or closer than 45 feet to any dwelling unit or accessory living quarters on the same premises; and

(e) A person keeping horses or cattle in a Residential Zone under the provisions of this section is required to file a declaration of ownership form with the City Clerk. The declaration of ownership form shall be specified by the City Clerk and is filed without fee. The declaration of ownership form shall provide the name and address of the legal owner of the property, the legal description of the property, the name and address of the owner of the horse or cow if the horse or cattle owner is not the legal owner of the property.

13. Adult Family Homes. This regulation applies to all parts of Table 18.52.010A that have a [13].

Adult family homes, subject to the following conditions:

(a) The adult family home is licensed as an adult family home by the Department of Social and Health Services of the State of Washington or successor agency; and

(b) The adult family home shall meet City licensing, zoning, building, housing, and fire regulations.

14. Duplex. This regulation applies to all parts of Table 18.52.010A that have a [14].

A duplex shall be permitted in the RA-3,600 Zone if only a single-family dwelling existed on a lot on August 3, 1964, any additional dwelling unit shall be attached to and made a part of the building containing the existing dwelling unit.

15. Townhouse Development. This regulation applies to all parts of Table 18.52.010A that have a [15].

Townhouse developments shall be permitted in the RA-3,600 Zone and Multifamily Zones as noted in the table above with no more than one townhouse dwelling per lot. Townhouse developments shall comply with DMMC 18.60.070, General site design requirements, and DMMC 18.60.080, General building design requirements.

16. Accessory Uses, Buildings, and Structures. This regulation applies to all parts of Table 18.52.010A that have a [16].

Where more than one dwelling unit is located on the premises, private garages shall be limited to accommodating not more than two cars for each dwelling unit and a boathouse or hangar shall be limited to accommodating not more than one private noncommercial pleasure craft for each dwelling unit on the premises.

17. Open Air Parking Areas. This regulation applies to all parts of Table 18.52.010A that have a [17], except that this use shall not be permitted on RM-1,800 zoned properties located in the West and South Subareas of the North Central Neighborhood.

Open air public parking areas for the parking of automobiles without monetary charge except when operated by, or for, a public parking authority, when the property upon which it is located in an RM-1,800 Zone abuts upon a lot zoned for commercial purposes whether or not an alley intervenes; provided:

(a) Access to such parking lot shall be only from the Commercial or Business Park zoned property it is intended to serve, or from an alley if there is one;

(b) In either such case, there shall be installed along the entire length of all street property lines of the lot used for such public parking purposes a continuous fence, hedge, or wall five feet in height located no closer to the street property line than 10 feet and the area between the fence and the street lot line shall be landscaped and maintained with grass, hardy evergreen shrubs, or ground cover;

(c) A solid wall or view-obscuring fence or hedge not less than five feet nor more than six feet in height shall be erected and maintained on any exterior boundary line which is a common property line with residential property when such residential property is used for residential purposes; and

(d) The parking area shall be developed as required, and no such area shall be used for an automobile, trailer, or boat sales area or for the accessory storage of such vehicles.

18. Hospitals. This regulation applies to all parts of Table 18.52.010A that have a [18].

Hospitals shall be permitted; provided:

(a) All buildings and structures shall maintain a distance of not less than 45 feet from the property front line and not less than 20 feet from any residential property; and

(b) A solid wall or view-obscuring fence or hedge not less than five feet nor more than six feet in height shall be established and maintained on any exterior boundary line which is a common property line with residential property, when such residential property is used for residential purposes; provided, that on any portion of such common property line constituting the depth of the required front yard on the residential property such fence, wall, or hedge shall not be less than 36 inches nor more than 42 inches in height.

19. (Repealed by Ord. 1750)

20. Motels. This regulation applies to all parts of Table 18.52.010A that have a [20].

Motels shall be permitted; provided:

(a) Restaurants, cocktail lounges, and specialty shops are permitted accessory uses; provided, the floor area devoted to such uses shall not exceed 20 percent of the total floor area and entry to such uses shall be from within the main building;

(b) All buildings and structures shall maintain a distance of not less than 20 feet from any lot in a Residential Zone;

(c) A solid wall or view-obscuring fence or hedge not less than five feet nor more than six feet in height shall be established and maintained on any exterior boundary line which is a common property line with residential property when such residential property is used only for residential purposes, except that on any portion of such common property line constituting the depth of the required front yard on the residential property such fence, wall, or hedge shall not be less than 36 inches nor more than 42 inches in height

21. Fraternal Organizations and Societies. This regulation applies to all parts of Table 18.52.010A that have a [21].

Private clubs and fraternal societies, except those the chief activity of which is a service customarily carried on as a business; provided:

(a) All buildings and structures shall maintain a distance not less than 20 feet from any lot in a Residential Zone; and

(b) A solid wall or view-obscuring fence or hedge not less than five feet nor more than six feet in height shall be erected and maintained on any exterior boundary line which is a common property line with residential property when such residential property is used for residential purposes, except that on that portion of such common property line constituting the depth of the required front yard on the residential property such wall, fence, or hedge shall be not less than 36 inches nor more than 42 inches in height.

22. Professional Offices, Medical and Dental. This regulation applies to all parts of Table 18.52.010A that have a [22].

Professional offices and medical-dental buildings and clinics shall be permitted; provided:

(a) All buildings and structures shall maintain a distance not less than 20 feet from any lot in a Residential Zone; and

(b) A solid wall or view-obscuring fence or hedge not less than five feet nor more than six feet in height shall be erected and maintained on an exterior boundary line which is a common property line with residential property when such residential property is used for residential purposes, except that on that portion of such common property line constituting the depth of the required front yard on the residential property such wall, fence, or hedge shall be not less than 36 inches nor more than 42 inch in height.

23. Sanitariums. This regulation applies to all parts of Table 18.52.010A that have a [23].

Sanitariums shall be permitted; provided:

(a) All buildings and structures shall maintain a distance not less than 20 feet from any lot in a Residential Zone; and

(b) A solid wall or view-obscuring fence or hedge not less than five feet nor more than six feet in height shall be erected and maintained on any exterior boundary line which is a common property line with residential property when such residential property is used for residential purposes, except that on that portion of such common property line constituting the depth of the required front yard on the residential property such wall, fence, or hedge shall be not less than 36 inches nor more than 42 inches in height.

24. Trailer Parks. This regulation applies to all parts of Table 18.52.010A that have a [24].

Trailer parks shall be permitted; provided:

(a) The minimum site area for a trailer park shall be not less than three acres;

(b) There shall be at least 2,000 square feet of site area per trailer space;

(c) The property used for a trailer park shall have no access except from a major or secondary street;

(d) Any driveways providing entrance to or exit from the trailer park shall not be closer than 50 feet to a street intersection measured from the street line established by an official control for either of the streets at the intersection;

(e) A solid wall or view-obscuring fence or hedge not less than five feet nor more than six feet in height shall be established and maintained across the full width of the site and such wall, fence, or hedge shall be located on, or to the rear of, the rear line of the required front yard; on corner lots and reverse corner lots such a wall, fence, or hedge shall also be installed and maintained along the side street side of the site, and shall observe the required yard on such side street side;

(f) A solid wall or view-obscuring fence or hedge not less than five feet nor more than six feet in height shall be established and maintained on any exterior boundary line which is a common property line with residential property, except that on any portion of such common property line constituting the depth of the required front yard on the residential property no such fence, wall, or hedge shall be required;

(g) If there are any openings in the required wall, fence, or hedge for driveway purposes, such openings shall not be wider than 30 feet;

(h) No residence shall be permitted on the trailer park site except a residence for the owner or manager of such trailer park;

(i) The trailer park must meet all requirements of the King County Health Department covering the establishment of mobile home parks; and

(j) A surety bond guaranteeing to the City the installation of walls, fences, or hedges required in this Title is posted prior to the issuance of any permits to construct the park.

25. Professional Offices in the RM-900B Zone. This regulation applies to all parts of Table 18.52.010A that have a [25].

Professional offices and medical-dental buildings and clinics shall be permitted in the RM-900B Zone if accessory to retirement housing, nursing homes, continuing care retirement communities, or boarding homes.

26. Agricultural Crops. This regulation applies to all parts of Table 18.52.010A that have a [26].

Agricultural crops shall be permitted, provided no retail sales of products are permitted on the premises.

27. Private Stables. This regulation applies to all parts of Table 18.52.010A that have a [27].

Private stables shall be permitted as an accessory building or structure, provided such buildings or structures shall not be located closer than 35 feet to any boundary property line or closer than 45 feet to any building containing a dwelling unit or accessory living quarters on the same premises; and provided further, that there shall be no open-air storage of hay, straw, shavings, or similar organic materials closer than 35 feet to any boundary property line or closer than 45 feet to any dwelling unit or accessory living quarters on the same premises;

28. Horses, Private Use. This regulation applies to all parts of Table 18.52.010A that have a [28].

Horses for use of the occupants of the premises only; provided, not more than one horse for each one-half acre of the total site area shall be permitted.

29. Pasture and Grazing. This regulation applies to all parts of Table 18.52.010A that have a [29].

Pasture and grazing, but not including feed, lots shall be permitted; provided, where such pasture or grazing area abuts upon any property line which is a common property line with residential property, there shall be erected and maintained on such common property line a fence not less than five feet nor more than six feet in height.

30. Raising of Chickens, Squab, and Rabbits. This regulation applies to all parts of Table 18.52.010A that have a [30].

Raising of chickens, squab, and rabbits for use of the occupants of the premises only; provided:

(a) No more than 30 of any one or combination of such fowl or animals may be kept on the premises;

(b) Any birds kept on the premises shall be confined within an aviary; and

(c) Any buildings, pens, aviary, or structure used to house or contain such fowl and animals shall not be located closer than 35 feet to any boundary property line of the premises, or closer than 45 feet to any building containing a dwelling unit or accessory living quarters on the same premises.

31. Raising of Hamsters, Nutria, and Chinchilla. This regulation applies to all parts of Table 18.52.010A that have a [31].

Raising of hamsters, nutria, and chinchilla for commercial purposes shall be permitted; provided:

(a) Not more than 100 hamsters, or 100 chinchillas, or 100 of such animals in combination, may be kept on the premises; and

(b) Any building, pens, cages, or structures used to contain or house such animals shall not be located closer than 35 feet to any boundary property line of the premises, or closer than 45 feet to any building containing a dwelling unit or accessory living quarters on the same premises.

32. Public Utility Facilities Distribution of Services. This regulation applies to all parts of Table 18.52.010A that have a [32].

Public utility facilities and appurtenances shall be permitted when necessary for the distribution of utility services to final customers within the immediate area.

33. Retail Trade. This regulation applies to all parts of Table 18.52.010A that have a [33].

Retail trade (44-45) shall be limited to the following:

(a) Food and beverage stores (445);

(b) Health and personal care stores (446);

34. Real Estate and Rental Leasing. This regulation applies to all parts of Table 18.52.010A that have a [34].

Real estate and rental and leasing (53) shall be limited to the following:

(a) Lessors of residential buildings and dwellings (531110);

(b) Offices of real estate agents and brokers (531210);

(c) Real estate property managers (53131);

(d) Offices of real estate appraisers (531320);

(e) Other activities related to real estate (531390);

35. Health Care and Social Assistance. This regulation applies to all parts of Table 18.52.010A that have a [35].

Health care and social assistance (62) shall not include temporary shelters (624221).

36. Food Services and Drinking Places. This regulation applies to all parts of Table 18.52.010A that have a [36].

Food services and drinking places (722) shall be permitted, further limited to the following:

(a) Full-service restaurants (722511);

(b) Limited-service restaurants (722513);

(c) Cafeterias, grill buffets and buffets (722514); and

(d) Snack and nonalcoholic beverage bars (722515);

37. Services. This regulation applies to all parts of Table 18.52.010A that have a [37].

Other services (81) shall be permitted, further limited to the following:

(a) Footwear and leather goods repair (811430);

(b) Personal care services (81211 – 812199);

(c) Dry-cleaning and laundry services (except coin operated) (812320);

(d) One-hour photofinishing (812922);

(e) Religious organizations (813110);

(f) Civic and social organizations (813410);

(g) Business associations (813910);

(h) Professional organizations (813920);

(i) Labor unions and similar labor organizations (813930);

(j) Political organizations (813940);

38. Child and Adult Day Care. This regulation applies to all parts of Table 18.52.010A that have a [38].

Child and adult day care as regulated and licensed by the Washington State Department of Social and Health Services, or its successor agency, shall be permitted when accessory to a use otherwise permitted.

39. Recreational Facilities for Residents. This regulation applies to all parts of Table 18.52.010A that have a [39].

Recreation facilities for use by residents of the property shall be permitted when accessory to a use otherwise permitted.

40. Telecommunication Facilities. This regulation applies to all parts of Table 18.52.010A that have a [40].

Telecommunication facilities, as allowed by Title 20 DMMC, shall be permitted when accessory to use otherwise permitted.

41. Family Day Care Providers. This regulation applies to all parts of Table 18.52.010A that have a [41].

A family day care provider home facility is a permitted use in all zones, subject to the following conditions:

(a) The family day care provider is currently licensed by the State of Washington Department of Social and Health Services and adheres to all licensing standards;

(b) The family day care provider is currently licensed under chapter 5.04 DMMC;

(c) Family day care services are provided in a residential dwelling exclusively in the family living quarters;

(d) The structure in which family day care services are provided complies with all building, fire, safety, and health codes;

(e) Signs identifying the residence as a family day care provider are prohibited;

(f) The Washington State Department of Social and Health Services certifies that there are adequate child drop-off and pick-up areas;

(g) Hours of operation are limited to 6:00 a.m. to 9:00 p.m.; and

(h) Prior to state licensing, the family day care provider provides written notification to the immediately adjoining property owners of the provider of the intent to locate and maintain the facility in order to provide the Washington State Department of Social and Health Services an opportunity to provide a forum to resolve any dispute.

42. Rest Homes, Nursing Homes, and Convalescent Homes. This regulation applies to all parts of Table 18.52.010A that have a [42].

All such uses in the RM-900 Zone shall conform to the conditions set forth in the zone in which they are first permitted except that for dwellings, rest homes, nursing homes, and convalescent homes, the yards, open spaces and lot coverage permitted by RM-900 shall apply, and day nurseries shall conform to the conditions set forth in the RM-2,400 Zone pertaining to such use, except that they need not be in a dwelling unit.

43. Keeping of Animals in Residential Zones. This regulation applies to all parts of Table 18.52.010A that have a [43].

The keeping of animals in Residential Zones shall be consistent with chapter 18.150 DMMC.

44. Mixed Use in PR-R Zone. This regulation applies to all parts of Table 18.52.010A that have a [44].

Use shall be permitted in the PR-R Zone when part of a mix of residential and nonresidential uses compatible with residential uses, subject to the limitations provided in DMMC 18.135.060, Environmental performance standards and general limitations, noted in chart.

45. Correctional Facilities in R-SE Zone. This regulation applies to all parts of Table 18.52.010A that have a [45].

Correctional facilities shall be permitted as a conforming use in the R-SE Zone if an unclassified use permit was approved prior to 2010.

46. These essential public facilities are permitted as a Type III quasi-judicial decision by the Hearing Examiner in accordance with DMMC 18.20.080 and shall comply with chapters 18.140 and 18.255 DMMC.

47. These essential public facilities are permitted as a Type IV quasi-judicial decision by the City Council in accordance with DMMC 18.20.080 and shall comply with chapters 18.140 and 18.255 DMMC.

48. These essential public facilities are a permitted use and do not require a CUP/UUP only when the City and the proponent agree to process the application with a development agreement in accordance with the provisions of chapter 18.255 DMMC.

49. Nontransferable without prior consent of the City Council and subject to the provisions governing home occupations found in DMMC 18.52.010A(11).

50. Excluding family day care providers, subject to the following minimum conditions:

(a) A play yard or equipment yard shall not be located in any required side or front yard;

(b) All buildings and structures on the lot shall maintain a distance of not less than 20 feet from any property line that is common property line with single-family residential property. If a greater setback is specified in a particular zone then the setback requirements of the particular zone shall prevail over the minimum setback set forth in this subsection;

(c) No day care center shall be located within 150 feet of a Highway Commercial Zone;

(d) State licensing standards for such facilities, chapter 388-73 WAC, shall be met;

(e) Such uses shall comply with the parking code requirements of chapter 18.210 DMMC.

51. Supportive Housing. This regulation applies to all parts of Table 18.52.010A that have a [51]. Permanent supportive housing and transitional housing may locate in the City subject to the requirements of chapter 18.140 DMMC, DMMC 18.182.050 and other related provisions of this Title. [Ord. 1775 § 5, 2023; Ord. 1750 § 2, 2021; Ord. 1737 § 8, 2020; Ord. 1697 § 2, 2018; Ord. 1655 § 7, 2016; Ord. 1591 § 132, 2014.]

18.52.010B Commercial use chart.

TABLE 18.52.010B

COMMERCIAL ZONE PRIMARY USES 

Use is:

P: Permitted

P/L: Permitted, but with special limitations

CUP: Conditional use review required

UUP: Unclassified use review required

N-C

I-C

B-P

C-C

D-C

H-C

PR-C

T-C

W-C

Accessory buildings and uses (as described in the applicable zone)

P

P

P

P

P

P

P

P

P

Admin, support services

P/L[3]

P/L[6.1]

P

P/L[16]

P/L[22]

 

P

P

P

Adult family homes

 

 

 

P

P

 

P

P

P

Adult entertainment facilities

 

 

 

 

 

 

P/L[46] [78]

 

 

Adult theaters

 

 

 

 

 

P/L[35]

P/L[46] [78]

 

 

Amusement and recreational services

 

 

 

P/L[16]

P/L[22]

 

 

 

P/L[68]

Amusement parks

CUP

CUP

CUP

CUP

 

CUP

CUP

CUP

CUP

Animal or veterinary services

 

 

P

P

P

P

P

P

P

Antenna system (one)

P/L[6]

 

 

 

 

 

 

 

 

Animal grooming

P/L[3]

 

P

P

P

 

P

P

P

Antenna systems (not accessory)

CUP

CUP

CUP

CUP

CUP

CUP

CUP

CUP

CUP

Apparel and accessories stores

P/L[1]

 

P

P

P

P

P

P

P

Arrangement of passenger transportation

P/L[3]

 

 

P

P

 

P

P

P

Art galleries

P

P/L[6.1]

 

P

P

 

P

P

P

Art, glassware manufacturing

 

P/L[6.1]

P

P

P

 

P/L[52.5]

 

P

Art, ornamental ware

 

 

 

P

P

 

 

 

P

Arts, entertainment, and recreation facilities

 

P/L[6.1, 6.2]

 

P/L[16]

P/L[22]

 

P

P

P

Auction houses or stores

 

 

 

P

P

P/L[41]

P

 

P

Automobile, body, paint, interior and/or glass repair

 

 

 

P/L[18]

P/L[25]

 

P/L[48]

 

P/L[70]

Automobile, detail shop

 

 

 

P/L[18]

P/L[25]

 

P/L[48]

 

P/L[70]

Automobile, maintenance and repair

 

 

 

P/L[18]

P/L[25]

P

P/L[48]

 

P/L[70]

Automobile, parking

P/L[5]

 

P/L[93]

P/L[16] [20]

P/L[22]

P

P

P/L[54]

P/L[72]

Automobile, sales

 

 

 

 

 

P

P/L[43]

 

 

Automobile, service stations

 

 

 

P/L[18]

P/L[25]

P/L[36]

P/L[48]

 

P/L[70]

Automobile, trailer sales

 

 

 

 

 

P

P

 

 

Automotive equipment, rental and leasing

 

 

 

P

P

P

P

P/L[53]

P

Bakeries, manufacturing and retail sales

P/L[1]

 

P

 

 

P

P/L[52.5]

P/L[55]

P/L[73]

Ballparks

CUP

CUP

CUP

CUP

CUP

CUP

CUP

 

CUP

Banks

 

 

 

P

P

 

P

P

P

Barber, beauty and hairstyling shops

P/L[3]

P/L[6.1]

 

P

P

 

P

P

P

Bed and breakfast facilities

 

 

 

P

P

 

P

P

P

Boats, building and repairing (less than 48 feet)

 

 

 

 

 

P

P

 

 

Boats, repair/sale

 

 

 

 

 

P

P

 

 

Boat moorage

P/L[3]

 

 

 

 

P/L[42]

 

 

 

Botanical and zoological gardens

 

 

 

P

P

 

P

 

P

Bookbinding

 

 

P

 

 

P

P/L[52.5]

P

P

Booster stations or conversion plants[84, 85]

UUP/L

UUP/L

UUP/L

UUP/L

 

UUP/L

UUP/L

UUP/L

UUP/L

Boxing and wrestling arenas

CUP

CUP

CUP

CUP

 

CUP

CUP

CUP

CUP

Brewery/winery/distillery

 

P/L[6.1]

 

 

P/L[21]

 

 

 

 

Building materials and garden equipment supply

P/L[1]

 

P

P

P

P/L[28]

P

 

P

Car washes

 

 

 

P/L[18]

P/L[25]

P

 

 

P/L[70]

Carpentry and cabinet shops

P/L[1] [2]

 

P

P

P

P

P

 

P

Casino hotels and motels

 

 

 

P

P

 

P

P

P

Cemeteries

CUP

CUP

CUP

CUP

 

CUP

CUP

 

CUP

Ceramics, manufacture

 

 

 

 

 

P/L[29]

 

 

 

Columbariums, crematories, mausoleums

CUP

 

CUP

CUP

 

CUP

CUP

 

CUP

Commercial and industrial machinery and equipment, rental and leasing

 

 

P

 

 

P

P

 

 

Commercial uses utilizing nonexempt quantities of hazardous materials (per the IBC or IFC)[87]

 

 

UUP

 

 

 

 

 

 

Communications facilities (SIC code 48)

 

 

 

 

UUP

 

 

 

 

Community care facilities

 

 

 

P

P

 

P

P

P/L[74]

Community gardens

 

P/L[6.1]

 

P

P

 

 

 

P

Community housing services

 

 

 

P/L[80]

P/L[80]

 

 

 

P/L[80]

Confectionery, manufacture

 

 

P

 

 

P

P/L[52.5]

P/L[56]

P/L[73]

Contractors

P/L[3]

 

P/L[14]

 

 

P

P/L[14]

P

P

Convention facilities

 

P/L[6.1]

P

P

P

P

 

P

P

Correctional institutions

 

 

UUP/L[84, 85]

 

 

 

 

 

 

Couriers and messengers

P/L[3]

 

P

 

 

 

P

P

P

Data processing, business and record storage

P/L[3]

 

P

P

P

P

P

P

P

Day care centers and mini-day care providers

CUP/L[89]

P/L[6.1, 89]

CUP/L[89]

CUP/L[89]

CUP/L[89]

 

CUP/L[89]

CUP/L[89]

CUP/L[89]

Death care services

P/L[3]

 

P

P

P

P/L[42]

P

 

P

Drive-in or drive-through facilities

P

 

 

P/L[18]

P/L[25]

 

P

 

P/L[70]

Dry cleaning and laundering services

P/L[3]

 

P

P

P

P

P

P

P

Educational services

 

P

P/L[7]

P

P/L[27]

P/L[37]

P

P

P

Electric power generation, biomass

 

 

P/L[12]

 

 

 

 

 

 

Electric power transmission facilities (NAICS code 22112)

 

 

 

 

 

 

UUP

 

 

Electrical appliances and supplies, retail sales, wholesale trade and repairs

 

 

 

 

 

P

 

 

 

Emergency housing / emergency shelter

CUP/L [91]

CUP/L [91]

 

CUP/L [91]

CUP/L [91]

CUP/L [91]

CUP/L [91]

CUP/L [91]

CUP/L [91]

Enhanced services facilities

 

 

 

 

 

 

UUP/L[84, 85]

 

 

Equipment rental and leasing

 

 

P

P/L[16]

P/L[22]

P

P

 

P/L[68]

Essential public facilities not otherwise listed

 

 

 

 

 

UUP/L[84, 85]

UUP/L[84, 85]

 

 

Fairgrounds and rodeos

CUP

 

CUP

CUP

 

CUP

CUP

 

CUP

Family day care providers

 

 

 

 

P/L[80]

 

P/L[80]

P/L[80]

P/L[80]

Financial and insurance services

 

P/L[6.1]

P

P

P

 

P

P

P

Fish hatcheries and preserves

 

 

 

 

P

 

 

 

 

Fix-it shops

 

 

P

P

P

P

P

 

P

Food, frozen or cold storage lockers

 

 

P

P

P

P

P/L[52.5]

 

P

Food stores

P/L[1]

 

P

P

P

 

P

P

P

Footwear and leather goods repair

P

 

P

P

P

P

P

P

P

Foreign trade

 

 

P/L[13]

 

 

 

P/L[13]
[52.5]

 

 

Fraternal organizations/societies

 

P/L[6.1]

P/L[7]

P

P

 

P

P

P

Fuel dealers, other

 

 

 

 

 

 

P

 

 

Furniture, home furnishings and equipment, sales

P/L[1] [2]

 

P

P

P

P

P

P

P

Furniture, repair

P/L[2] [3]

 

P

P

P

P

P

P

P

Gambling, amusement, and recreation industries

 

 

P/L[7]

P/L[16]

P/L[22]

 

P

P

P

Garages, public

 

 

 

 

 

P/L[30]

 

 

 

General merchandise stores

P/L[1]

 

P/L[9]

P/L[15]

P/L[21]

 

P

P

P

Glass, edging, beveling, silvering

 

 

P

 

 

P/L[31]

P/L[52.5]

 

 

Glass, stained glass studios

P

P/L[6.1]

 

 

 

P

 

 

 

Golf courses, with accessory driving ranges, clubhouses and pitch and putt

 

 

 

P

P

CUP

P

 

P

Golf driving ranges

CUP

CUP

CUP

CUP

 

CUP

CUP

 

CUP

Hardware store

P/L[1]

 

P

P

 

P

P

P

P

Health care and social services

 

 

P/L[81]

P/L[81]

P

 

P/L[81]

P/L[81]

P/L[74] [81]

Heating oil dealers

 

 

 

 

 

 

P

 

 

Horticultural and landscaping services

 

 

P

P

P

 

P/L[52.5]

 

P

Horticultural nurseries

UUP

UUP

UUP

UUP

 

P

UUP

 

UUP

Hospitals (except mental and alcoholic)

 

 

 

P

P

P

P

P

P

Hospitals, mental

 

 

 

 

 

 

UUP/L[84, 85]

 

 

Hotels

 

P/L[6.1]

 

P

P

P/L[40]

P/L[47]

P

P

Information establishments

 

 

 

 

 

P

P

P

P

Internet service providers

 

 

P

 

 

 

P

P

P

Job printing, newspapers, lithography, and publishing

 

 

 

 

 

P

 

P

 

Kennels, commercial

 

 

P

P

P

 

P

P/L[57]

P

Labor camps (transient)

UUP/L[84, 85]

 

UUP/L[84, 85]

UUP/L[84, 85]

 

UUP/L[84, 85]

UUP/L[84, 85]

 

UUP/L[84, 85]

Laboratories

 

 

P

P

P

CUP

P

P

P

Laboratories (incl. medical, dental, or photographic)

 

 

P/L

P

P

P

P

P

P

Laundry, industrial

 

 

P

 

 

 

P

 

 

Legal services

P/L[3]

P/L[6.1]

P

P

P

P

P

P

P

Libraries (public)

P

P/L[6.1]

 

P

P

 

P

P

P

Light manufacturing, fabrication, and assembly

 

 

P/L[8]

 

 

 

P/L[8][52.5]

 

 

Limousine/taxi service

 

 

 

 

 

 

P

 

 

Machine shop

 

 

P

 

 

P/L[32]

P/L[52.5]

 

 

Management of companies and enterprises

P/L[3]

P/L[6.1]

P

P

P

 

P

P

P

Manufactured home sales

 

 

 

 

 

 

P

 

 

Marijuana producer/processor, recreational

 

 

P/L[79]

P/L[79]

 

P/L[79]

P/L[52.5]
[79]

P/L[79]

P/L[79]

Marijuana retailer, recreational

 

 

 

P/L[79]

 

P/L[79]

 

P/L[79]

P/L[79]

Marinas

 

 

 

 

P/L[24]

 

 

 

 

Mixed use

UUP

P/L[6.1, 6.3]

UUP

P/L[26]

UUP

P/L[50]

P/L[58]

P/L[58]

Motels

 

 

 

P

P

P/L[40]

P/L[47]

 

P

Motion picture services

P/L[3]

P/L[6.1]

 

P

P

 

P

P

P

Museums

P

P/L[6.1]

P/L[7]

P

P

 

P

P

P

Nursing homes (PR-R-Nursing care facility; IC-Nursing and residential care facility)

 

P

 

P

P

 

P

 

 

Offices, business and professional

P/L[3]

P/L[6.1]

P

 

P

P

P

P

P

Open air theaters

CUP

CUP

CUP

CUP

 

CUP

CUP

 

CUP

Parcel service delivery

P/L[3]

 

P

 

 

P

P/L[51]

 

 

Parole or probation offices

 

 

P

P

P

 

P

 

P

Pawnshop

 

 

P

P

P

P

P

 

P

Permanent supportive housing / transitional housing

CUP/L [92]

CUP/L [92]

 

CUP/L [92]

CUP/L [92]

CUP/L [92]

CUP/L [92]

CUP/L [92]

CUP/L [92]

Personal and business services

P/L[3]

P/L[6.1]

P/L[7]

P/L[16]

P/L[22]

 

P

P

P/L[68]

Pet boarding

 

 

P

P

P

 

P

P/L[59]

P

Pet shop

P/L[1]

 

 

P

P

P/L[33]

P

P

P

Photocopying and duplicating services

P/L[1] [3]

 

P

P

P

 

P

P

P

Photo finishing

P/L[1]

 

P

P

P

P

P

P

P

Planned unit development

P

 

 

 

 

 

 

 

 

Postal service

P

 

P

P

P

 

P

 

P

Professional, scientific, technical services

P/L[3]

P/L[6.1]

P

P

P

 

P

P

P

Professional offices, medical, dental

P/L[3]

P/L[6.1]

P

P

P

 

P

P

P

Public administration facilities

P

P/L[6.1]

P

P/L[17]

P/L[23]

 

P/L[49]

P/L[60]

P/L[69]

Public facilities[88]

P

P/L[6.1]

P/L[10]

P

P

 

P

P

P

Public utility facilities

P/L[4]

 

P/L[10]

 

P

P/L[34]

P/L[52]

P/L[61]

 

Publishing, telecommunications, Internet service providers, data processing services

P/L[3]

P/L[6.1, 6.4]

P

P

P

P

P

P

P

Race tracks, drag strips, motorcycle hills and Go-Kart tracks

CUP

 

CUP

CUP

 

CUP

CUP

 

CUP

Real estate renting and leasing

P/L[3]

P/L[6.1]

P

P

P

P

P

P

P

Recreational facilities – commercial

CUP

CUP

CUP

CUP

CUP

P

CUP

 

CUP

Recreational vehicles, sales and storage

 

 

 

 

 

P

P

 

 

Religious grant writing, civic and professional organizations

P/L[3]

P/L[6.1]

P/L[7]

P

P

P

P

P

P

Repair services

P/L[2] [3]

 

P/L[7]

P/L[16] [18]

P/L[22] [25]

 

P

 

P/L[68] [70]

Repossession services

P/L[3]

 

P

P

P

 

P/L[52.5]

 

P

Restaurants

P

P/L[6.1]

P/L[9]

P

P

P

P

P

P

Retail services and trade

P/L[1]

P/L[6.1]

P/L[7]

P/L[15] [19]

P/L[21]

P

P/L[43]

P

P/L[67]

Retirement housing

 

P

 

P

P

 

P

P

 

Reupholster

P

 

P

P/L[19]

P

P

P

P

P/L[71]

Saws and filing shops

 

 

P

 

 

P

P/L[52.5]

 

 

Secure community transition facilities

 

 

 

 

 

 

UUP/L[84, 85]

 

 

Sewage treatment plants

UUP/L[84, 85]

UUP/L[6.4, 84, 85]

UUP/L[84, 85]

UUP/L[84, 85]

 

UUP/L[84, 85]

UUP/L[84, 85]

 

UUP/L[84, 85]

Signs, manufacturing

 

 

 

 

 

P

 

 

 

Self-storage/mini-warehouse leasing

 

 

P[93]

 

 

 

P/L[44]

P/L[62]

 

Services to buildings and dwellings

P/L[3]

 

P

P

P

 

P

 

P

Services, miscellaneous

P/L[3]

 

P/L[7]

P/L[16] [18]

P/L[22]

 

P/L[45] [48]

P/L[63]

P/L[68] [70]

Solid waste handling facilities[85, 86]

UUP/L[84]

 

UUP/L[84]

UUP/L[84]

 

UUP/L[84]

UUP/L[84]

 

UUP/L[84]

Spectator sports

CUP

 

CUP

P

P

 

P

 

P

Stadiums

CUP

CUP[6.5]

CUP

CUP

 

CUP

CUP

 

CUP

Substance abuse facilities

 

 

 

 

 

 

UUP/L[84, 85]

 

 

Supermarkets

P/L[1]

 

P

P

P

 

P

P

P

Taverns and cocktail lounges

P/L[1]

P/L[6.1]

P

P

P

P/L[38]

P

P/L[64]

P/L[75]

Telecommunication facilities

CUP

CUP

CUP

CUP

CUP

CUP

CUP

CUP

CUP

Telephone exchanges

 

 

 

 

 

P

 

 

 

Tire sales and service

P/L[3]

 

 

 

 

 

P

 

 

Theaters

 

P/L[6.1]

 

P

P

P

P

P/L[65]

P/L[76]

Towing operations

 

 

 

 

 

UUP

 

 

 

Transportation and wholesale trade

 

 

P/L[11] [93]

 

 

 

 

 

 

Transportation facilities of statewide significance[84, 85]

UUP/L

UUP/L

UUP/L

UUP/L

UUP/L

UUP/L

UUP/L

UUP/L

UUP/L

Warehouse distribution centers, home deliveries

 

 

P[93]

 

 

P

P/L[52.5]

 

 

Water transportation

 

 

 

 

CUP

 

 

 

 

Welding repair

P/L[2] [3] [82]

 

P

P/L[16] [82]

P/L[82]

P

P

 

P/L[68] [82]

Wholesale business

 

 

P

 

 

P

P/L[52.5]

P/L[66]

P/L[77]

Wholesale trade and distribution of groceries[90]

 

 

 

CUP

 

 

 

 

CUP

Notes:

•    Limitations that correspond to the bracketed numbers [ ] are set forth below.

•    Bracketed numbers listed next to the use in the right-hand column apply in all allowed zones.

•    Uses and developments are also subject to the specific standards for each zone.

•    Conditional and Unclassified Use Permit requirements may be found in chapter 18.140 DMMC.

Neighborhood Commercial Zone

Every use locating in the N-C Zone is subject to the standards of chapter 18.90 DMMC. The paragraphs listed below contain specific limitations and correspond with the bracketed [ ] footnote numbers from Table 18.52.010B.

1. On-Premises Retail Enterprise Dispensing Food or Commodities. This regulation applies to all parts of Table 18.52.010B that have a [1]. Not including automobiles, boats, trailers, and heavy-duty equipment and which may involve only incidental and limited fabrication or assembly of commodities.

2. Repair, Incidental. This regulation applies to all parts of Table 18.52.010B that have a [2]. Any repairing done on the premises shall be incidental only and limited to custom repairing of the types of merchandise sold on the premises at retail; the floor area devoted to such repairing shall not exceed 20 percent of the total floor area occupied by the particular enterprise of which it is a part, except that the limitations of this paragraph shall not apply to shoe, radio, television, or other small household appliance repair service.

3. Business Offices, Professional Services or Personal Services to the Individual. This regulation applies to all parts of Table 18.52.010B that have a [3].

Business offices and any type of use rendering professional services or personal services to the individual shall be permitted; provided:

(a) The service does not involve keeping the person receiving the service overnight on the premises;

(b) The service does not include selling alcoholic beverages for on-premises consumption unless accessory to restaurant;

(c) The service does not involve in whole or in part the providing of recreation, recreational facilities, or entertainment other than moorage for private pleasure craft; and

(d) The professional service does not include kennels or small animal hospitals or clinics.

4. Public Utility Installation. This regulation applies to all parts of Table 18.52.010B that have a [4]. Public utility installation shall be permitted in the N-C Zone when relating directly to local distribution of services including switching and transmission stations, but not including warehouses, service yards, or the like unless otherwise permitted by this Title.

5. Public Off-Street Parking Facilities (Publicly or Privately Owned and Operated). This regulation applies to all parts of Table 18.52.010B that have a [5].

Any area so used shall not be used for a vehicle, trailer, or boat sales area or for the accessory storage of such vehicles.

6. One Antenna System (Which Exceeds the Maximum Building Height Specified for the Commercial Zone). This regulation applies to all parts of Table 18.52.010B that have a [6].

(a) Does not exceed 15 feet in height above the building height limitation for the applicable zone;

(b) Is set back at least the vertical height of the antenna system measured from the center point of the base of the mast horizontally to the nearest property line;

(c) Has a maximum horizontal cross-sectional area for that part of the mast which is above building height limitation for the zone such that an imaginary four-inch diameter circle would encompass all points of the horizontal cross-section;

(d) Has a maximum allowable three-dimensional space intrusion of 1,200 cubic feet for single ground plane antennas with a single driven element, and 200 cubic feet for beams, quads, and other multi-element antennas; provided, that these limitations on three-dimensional space intrusion shall not be applicable to single long-wire antennas, single whip antennas, and single coaxial antennas. In this paragraph, “three-dimensional space intrusion” means the space within an imaginary rectangular prism which contains all extremities of an antenna;

(e) Does not encroach into any required setback for the zone; a guy wire and anchor point for an antenna system is prohibited in any required setback or within three feet of the side or rear property lines; provided, if any alley abuts a rear property line, a guy wire and anchor point may extend to the rear property line;

(f) Provided, that a variation from the above limitations not to exceed 10 percent may be granted by City administrative officials; such variation shall be granted when it will not significantly increase the hazard factor, the aesthetic impact, or the economic consequences of such antenna system; and

(g) Further provided, that all antenna systems exceeding the above limitations and legally in place on November 5, 1978, the effective date of the ordinance codified in this subsection (6), shall have one year within which to satisfy the requirements for and receive a conditional use permit which authorizes the continued placement of such antenna system.

Institutional Campus Zone

Every use locating in the I-C Zone is subject to the standards of chapter 18.95 DMMC.

6.1. This regulation applies to all parts of Table 18.52.010B that have a [6.1]. These uses shall be permitted only in conjunction with a mixed use or educational facility development reviewed under a master plan pursuant to chapter 18.95 DMMC.

6.2. NAICS Sector 71 – Arts, entertainment, and recreation uses are permitted in the I-C Zone, with the exception of amusement parks and arcades (7131) and gambling industries (7132).

6.3. Mixed Use. In the I-C Zone, mixed use developments reviewed under a master plan pursuant to chapter 18.95 DMMC may incorporate structures containing single-purpose multifamily residential buildings or single-purpose commercial buildings.

6.4. Small scale to serve site development.

6.5. To serve colleges, universities or educational facilities.

Business Park Zone

Every use locating in the B-P Zone is subject to the standards of chapter 18.105 DMMC. The paragraphs listed below contain specific limitations and correspond with the bracketed [ ] footnote numbers from Table 18.52.010B.

7. Services. This regulation applies to all parts of Table 18.52.010B that have a [7].

Services in the B-P Zone are limited to the following:

(a) Administrative support services (561);

(b) Professional, scientific, and technical services (54);

(c) Management of companies and enterprises (55);

(d) Health care services (621); provided, that this use is prohibited north of South 200th Street;

(e) Repair services (8112, 8113 and 8114);

(f) Personal services (812);

(g) Recreation services (711310, 712110, 712120, 712190, 713940, and 713990); provided, that these uses are prohibited north of South 200th Street;

(h) Real estate institutions and rental services (53);

(i) Publishing, telecommunications, Internet service providers, and data processing services (51);

(j) Educational services (6114, 6115, 6116 and 6117); and

(k) Religious, business and professional associations (813); provided, that these uses are prohibited north of South 216th Street.

8. Light Manufacturing, Fabrication, and Assembly. This regulation applies to all parts of Table 18.52.010B that have an [8].

Light manufacturing, fabrication, and assembly of the following and closely related products are limited to the following:

(a) Food products (3114, 3117, 3118, 3119, and 3121);

(b) Apparel manufacturing (315);

(c) Wood products manufacturing (3219);

(d) Furniture and related products manufacturing (337);

(e) Pharmaceutical and medicine manufacturing (3254);

(f) Computer and electronic product manufacturing (334);

(g) Electrical equipment and components manufacturing (335);

(h) Fabricated metal products manufacturing (3321, 3322, 3323, 3325, 3326, and 3327);

(i) Medical equipment and supplies manufacturing (3391);

(j) Printing and related support activities (323);

(k) Stone, clay, glass, ceramics, pottery, china manufacturing (3271 and 3272); and

(l) Toys, jewelry, and other miscellaneous manufacturing (3399).

9. Retail Trade. This regulation applies to all parts of Table 18.52.010B that have a [9].

Retail trade in the B-P Zone is limited to the following:

(a) Restaurants (722);

(b) Building material and garden equipment and supplies dealers (444);

(c) General merchandise stores (452 and 445); provided, that these uses are prohibited north of South 200th Street;

(d) Furniture and home furnishing stores (442); and

(e) Electronic and appliance stores (443).

10. Public Facilities. This regulation applies to all parts of Table 18.52.010B that have a [10]. Public Facilities in the B-P Zone are limited to the following:

(a) Public parks (no NAICS code);

(b) Public administration (92); and

(c) Public utilities (221121, 221122, and 221210).

11. Transportation and Wholesale Trade. This regulation applies to all parts of Table 18.52.010B that have an [11].

Transportation and wholesale trade are limited to the following:

(a) Wholesale trade (42); provided, that 4235 is prohibited;

(b) Motor freight transportation (484);

(c) Support activities for freight transportation (4884, 4885, and 4889); and

(d) Courier and postal services (492 and 493).

12. Electric Power Generation, Biomass. This regulation applies to all parts of Table 18.52.010B that have a [12].

Electric Power Generation, Biomass (221119), is prohibited south of South 216th Street and north of South 208th Street.

13. Foreign Trade. This regulation applies to all parts of Table 18.52.010B that have a [13]. Operation of foreign trade zones is limited to the permitted uses allowed in the B-P and PR-C Zones.

14. Contractors. This regulation applies to all parts of Table 18.52.010B that have a [14].

Contractors in the B-P and PR-C Zones shall be limited to building and special trade (23).

Community Commercial Zone

Every use locating in the C-C Zone is subject to the standards of chapter 18.110 DMMC. The paragraphs listed below contain specific limitations and correspond with the bracketed [ ] footnote numbers from Table 18.52.010B.

15. Retail Trade (With Ancillary Wholesale Trade). This regulation applies to all parts of Table 18.52.010B that have a [15].

Retail trade with ancillary wholesale trade in the C-C Zone is limited to the following:

(a) Building materials, hardware, and garden supply, except mobile home dealers (52);

(b) General merchandise stores (53);

(c) Food stores (54);

(d) Gasoline service stations, and other alternative motor vehicle fuels (5541);

(e) Apparel and accessory stores (56);

(f) Home furniture, furnishings, and equipment stores (57);

(g) Eating and drinking places (58); and

(h) Miscellaneous retail (59), except fuel dealers (598).

16. Services. This regulation applies to all parts of Table 18.52.010B that have a [16]. Services in the C-C Zone are limited to the following:

(a) Hotels and motels (701);

(b) Personal and business services, with ancillary wholesale trade (72-73), except the following:

(i) Industrial launderers (7218);

(ii) Billboard advertising (7312);

(iii) Heavy construction equipment rental and leasing (7353);

(iv) Industrial truck rental and leasing (7359); and

(v) Oil extraction equipment rental and leasing (7359);

(c) Automobile parking (7521) limited to properties that are municipally owned or operated or controlled by a City-sanctioned business neighborhood association; and provided, that facilities for parking are constructed and maintained to meet minimum required parking improvements specified in chapter 18.210 DMMC within three years of the commencement of such use;

(d) General automotive repair shops (7538);

(e) Car washes (7542);

(f) Miscellaneous repair services (76), except the following:

(i) Tank and boiler cleaning service (7699); and

(ii) Tank truck cleaning service (7699);

(g) Motion picture services (78);

(h) Amusement and recreation services (79), except the following:

(i) Adult entertainment facilities and adult motion picture theaters (no SIC); and

(ii) Racing, including track operation (7948);

(i) Health services (80);

(j) Legal services (81);

(k) Educational services (82);

(l) Social services (83);

(m) Museums, art galleries, and botanical and zoological gardens (84);

(n) Membership organizations (86);

(o) Engineering, accounting, research, management, and related services (87); and

(p) Services, not elsewhere classified (89).

17. Public Administration Facilities. This regulation applies to all parts of Table 18.52.010B that have a [17].

Public administration facilities (91-97) are permitted in the C-C Zone with the exception of correctional institutions (9223).

18. Automobile Repair, Car Washes, Automobile Service Stations, and Uses with Drive-Through Facilities. This regulation applies to all parts of Table 18.52.010B that have an [18].

Automobile repair, car washes, automobile service stations, uses with drive-through facilities, and similar uses shall conform to the following limitations and standards in the C-C Zone:

(a) Automobile repair and the installation of automobile parts and accessories shall be primarily contained within an enclosed structure;

(b) Unless specifically authorized by the Planning, Building and Public Works Director, vehicular access shall be limited to one driveway per street frontage;

(c) Motor vehicle fuel pump islands shall be set back a minimum of 15 feet from property lines;

(d) A six-foot-high, 100 percent sight-obscuring fence shall be provided along property lines that abut residentially zoned properties, unless waived by the residential property owner prior to building permit issuance; and

(e) Vehicle storage shall be limited to those vehicles contracted for repair or service.

19. On-Site Retail. This regulation applies to all parts of Table 18.52.010B that have a [19].

All products which are manufactured, processed, or treated on the premises must also be sold at retail to the general public on-site.

20. Public Automobile Parking. This regulation applies to all parts of Table 18.52.010B that have a [20].

Public automobile parking (7521) shall not be permitted in the C-C Zone.

Downtown Commercial Zone

Every use locating in the D-C Zone is subject to the standards of chapter 18.115 DMMC. The paragraphs listed below contain specific limitations and correspond with the bracketed [ ] footnote numbers from Table 18.52.010B

21. Retail Trade (with Ancillary Wholesale Trade). This regulation applies to all parts of Table 18.52.010B that have a [21].

Retail trade with ancillary wholesale trade in the D-C Zone is limited to the following:

(a) Breweries/Wineries/Distilleries (3121) if accessory uses in conjunction with eating or drinking places or retail;

(b) Building materials, hardware, and garden supply, except mobile home dealers (52);

(c) General merchandise stores (53);

(d) Food stores (54);

(e) Gasoline service stations, and other alternative motor vehicle fuels (5541);

(f) Apparel and accessory stores (56);

(g) Home furniture, furnishings, and equipment stores (57);

(h) Eating and drinking places (58); and

(i) Miscellaneous retail (59), except fuel dealers (598).

22. Services. This regulation applies to all parts of Table 18.52.010B that have a [22].

Services in the D-C Zone are limited to the following:

(a) Hotels and motels (701);

(b) Personal and business services, with ancillary wholesale trade (72-73), except the following:

(i) Industrial launderers (7218);

(ii) Billboard advertising (7312);

(iii) Heavy construction equipment rental and leasing (7353);

(iv) Industrial truck rental and leasing (7359); and

(v) Oil extraction equipment rental and leasing (7359);

(c) Automobile parking (7521) limited to properties that are municipally owned or operated or controlled by a City-sanctioned business neighborhood association; and provided, that facilities for parking are constructed and maintained to meet minimum required parking improvements specified in chapter 18.210 DMMC within three years of the commencement of such use;

(d) General automotive repair shops (7538);

(e) Car washes (7542);

(f) Miscellaneous repair services (76), except the following:

(i) Tank and boiler cleaning service (7699); and

(ii) Tank truck cleaning service (7699);

(g) Motion picture services (78);

(h) Amusement and recreation services (79), except the following:

(i) Adult entertainment facilities and adult motion picture theaters (no SIC); and

(ii) Racing, including track operation (7948);

(i) Health services (80);

(j) Legal services (81);

(k) Educational services (82);

(l) Social services (83);

(m) Museums, art galleries, and botanical and zoological gardens (84);

(n) Membership organizations (86);

(o) Engineering, accounting, research, management, and related services (87); and

(p) Services, not elsewhere classified (89).

23. Public Administration Facilities. This regulation applies to all parts of Table 18.52.010B that have a [23]. Public administration facilities (91-97) are permitted in the D-C Zone with the exception of correctional institutions (9223).

24. Boat Storage. This regulation applies to all parts of Table 18.52.010B that have a [24].

Boat storage and repair shall be permitted only as an accessory use on property principally permitted for marina use and shall conform to the following additional limitations and standards:

(a) The size and location of all boat storage facilities shall be consistent with the Council-adopted marina master plan;

(b) All out-of-water boat repair shall be within a fully secured and fenced area not accessible by the general public;

(c) All boat repair work shall have containment areas and employ disposal methods for pollutants and toxic substances consistent with Puget Sound Clean Air Agency and NPDES standards;

(d) Only those boats and similar vessels that will be immediately and actively under repair shall be moved to or placed within a designated boat repair facility.

25. Automobile Repair, Car Washes, Automobile Service Stations, and Uses with Drive-Through Facilities. This regulation applies to all parts of Table 18.52.010B that have a [25].

Automobile repair, car washes, automobile service stations, uses with drive-through facilities, and similar uses shall conform to the following limitations and standards in the D-C Zone:

(a) Automobile repair and the installation of automobile parts and accessories shall be wholly performed within an enclosed structure approved by the Building Official for such occupancy;

(b) Each automotive and service repair facility shall be limited to a maximum of one service bay for each 7,500 square feet of land area per business site;

(c) Service bays shall be fully utilized to store and park vehicles contracted for repair or service;

(d) The number of vehicles stored or parked outside for repair or service shall not be greater than the minimum number of required parking stalls serving the auto repair facility pursuant to chapter 18.210 DMMC;

(e) No outside parking or storage of employee vehicles, customer vehicles, or vehicles contracted for service shall occur in any area that is not designated and approved by the City as an on-site parking stall;

(f) Motor vehicle fuel pump islands shall be set back a minimum of 15 feet from property lines; and

(g) A six-foot-high, 100 percent sight-obscuring fence shall be provided along property lines that abut residentially zoned properties, unless waived by the residential property owner prior to building permit issuance.

26. Mixed Use. This regulation applies to all parts of Table 18.52.010B that have a [26]. Mixed use development in the D-C Zone shall conform to the following limitations and standards:

(a) Mixed use structures shall contain area for retail trade or personal and business services, at street level as follows:

(i) Pedestrian access from the public sidewalk to the retail trade or personal and business services shall be provided;

(ii) A minimum of 60 percent of the street level floor area shall be occupied by retail trade or personal and business services;

(iii) A minimum of 75 percent of the street level building frontage adjacent to public right(s)-of-way shall contain floor area for retail trade or personal and business services uses; and

(iv) Building space allocated for retail trade or personal and business service uses at the street level shall have a minimum gross interior depth dimension of 55 feet measured perpendicular to the property line abutting the public street(s) serving the site.

(b) The City Manager or designee is authorized to consider and approve up to a 20 percent reduction of the bulk requirements specified in subsection (26)(a) of this section when a development proposal incorporates on-site parking substantially at street floor level for retail trade or personal and business service uses and the City Manager or designee determines that the proposed reduction(s) does not compromise, interrupt, or interfere with the desired functionality of the building or the continuity of City pedestrian-oriented design goals in the general area and pedestrian access to the site from the public sidewalk or right-of-way.

(c) Mixed use developments shall comply with all the requirements of chapter 18.155 DMMC, except for private recreational requirements established by DMMC 18.155.050(2).

(d) A detached structure that contains residential uses and does not meet the requirements for mixed use structures is prohibited.

27. Educational Services, Colleges and Professional Schools. This regulation applies to all parts of Table 18.52.010B that have a [27].

Educational services (82) are permitted in the D-C Zone; however, colleges, universities, junior colleges, and professional schools (822) require an Unclassified Use Permit (UUP). See chapter 18.140 DMMC.

Highway Commercial Zone

Every use locating in the H-C Zone is subject to the standards of chapter 18.125 DMMC. The paragraphs listed below contain specific limitations and correspond with the bracketed [ ] footnote numbers from Table 18.52.010B.

28. Building Materials Stores and Yards, Retail Only. This regulation applies to all parts of Table 18.52.010B that have a [28].

Building materials stores and yards (retail only) are permitted in the H-C Zone; provided, that any required wall on a property line common with residential property shall be not less than eight feet in height.

29. Ceramic Products. This regulation applies to all parts of Table 18.52.010B that have a [29].

The manufacture of ceramic products, including figurines (but not including bricks, drain, building, or conduit tile), shall be permitted in the H-C Zone using only previously pulverized clay and batch kilns as distinguished from shuttle, tunnel, or beehive kilns, and such batch kilns shall not exceed a total capacity of 130 cubic feet.

30. Garages, Public. This regulation applies to all parts of Table 18.52.010B that have a [30].

Public garages, including repair, when entirely in an enclosed building.

31. Glass Edging, Beveling, and Silvering. This regulation applies to all parts of Table 18.52.010B that have a [31].

Glass edging, beveling, and silvering shall be permitted in the H-C Zone in connection with the sales of mirrors and glass-decorated furniture.

32. Machine Shop. This regulation applies to all parts of Table 18.52.010B that have a [32]. No automatic screw machines or punch press over five tons.

33. Pet Shops. This regulation applies to all parts of Table 18.52.010B that have a [33].

Pet shops shall be permitted in the H-C Zone if entirely within a building.

34. Public Utility Installations. This regulation applies to all parts of Table 18.52.010B that have a [34]. Public utility installations shall be permitted in the H-C Zone if relating directly to the distribution of services.

35. Reserved.

36. Automobile Service Stations. This regulation applies to all parts of Table 18.52.010B that have a [36]. Buildings, structures, and the leading edge of pump islands shall not be closer than 20 feet to any street property line, except that service station canopies and marquees may project 10 feet into the required setback.

37. Educational Services. This regulation applies to all parts of Table 18.52.010B that have a [37]. Education services in the H-C Zone are limited to business or commercial schools.

38. Cocktail Lounges. This regulation applies to all parts of Table 18.52.010B that have a [38]. Cocktail lounges shall be permitted in the H-C Zone when located within a restaurant.

39. Death Care Services. This regulation applies to all parts of Table 18.52.010B that have a [39]. Death care services in the H-C Zone shall be limited to mortuaries.

40. Hotels/Motels. This regulation applies to all parts of Table 18.52.010B that have a [40]. Hotels and motels in the H-C Zone shall not include apartment hotels.

41. Auction House. This regulation applies to all parts of Table 18.52.010B that have a [41]. Auction houses or stores in the H-C Zone shall not include vehicles or livestock.

42. Boat Moorage. This regulation applies to all parts of Table 18.52.010B that have a [42]. Boat Moorage in the H-C Zone shall be permitted for private pleasure craft.

Pacific Ridge Commercial Zone

Every use locating in the PR-C Zone is subject to the standards of chapter 18.135 DMMC. The paragraphs listed below contain specific limitations and correspond with the bracketed [ ] footnote numbers from Table 18.52.010B.

43. Retail Trade, Used Car Dealers. This regulation applies to all parts of Table 18.52.010B that have a [43]. Retail trade (44-45) is permitted in the PR-C Zone, but no more than two exclusive used car dealers (441120) shall be allowed.

44. Real Estate Rental and Leasing. This regulation applies to all parts of Table 18.52.010B that have a [44].

Mini-warehouses and self-storage units (53113) may be on joint use parcels abutting Pacific Highway provided another nonstorage commercial use fronts on Pacific Highway South.

45. Administrative and Support Services. This regulation applies to all parts of Table 18.52.010B that have a [45]. Limited to NAICS codes 561110 (administrative) and 561210 (support services).

46. Arts, Entertainment, and Recreation. This regulation applies to all parts of Table 18.52.010B that have a [46]. Adult entertainment facilities are only permitted within the PR-C Zone south of South 216th Street and are prohibited within 1,000 feet of the property lines of churches, common schools, day care centers, and public facilities, and within 1,000 feet of any other adult entertainment facilities. Adult entertainment facilities are subject to the additional standards of chapters 5.48 and 18.160 DMMC.

47. Accommodation and Food Services. This regulation applies to all parts of Table 18.52.010B that have a [47].

Accommodation and food services (72) in the PR-C Zone are limited to the following:

(a) Hotels (except casino hotels) and motels (72111), except that these must contain a minimum of 75 guest rooms;

(b) Casino hotels (721120); and

(c) Food services (722310 – 7223515); however, mobile food services (722330) are also regulated by chapter 5.57 DMMC.

48. Automobile Repair, Automobile Service Stations, and Similar Uses. This regulation applies to all parts of Table 18.52.010B that have a [48]. General automotive repair (811111), automotive exhaust system repair (811112), automotive transmission repair (811113), automotive body, paint, and interior repair and maintenance (811121), automotive glass replacement shops (811122), automotive oil change and lubrication shops (811191), and similar uses shall be allowed in the PR-C Zone; provided, that all of the following requirements shall be met:

(a) Repair and the installation of automobile parts and accessories shall be primarily contained within an enclosed structure;

(b) Any business owner proposing to use a building or structure that the proposed use is located or proposed to be located within shall demonstrate to the City, South King Fire and Rescue, and Puget Sound Clean Air Agency that quantities, storage, and transport of hazardous materials are properly managed, work areas provide adequate containment to avoid pollution runoff, and facilities are equipped with proper pretreatment devices to avoid discharge of pollutants to the air or public drainage systems;

(c) Unless specifically authorized by the City Manager or the City Manager’s designee, views into automobile service bays from Pacific Highway shall be diminished by building orientation, screening, or other means;

(d) Vehicular access shall be consistent with the City’s street development and construction standards;

(e) Motor vehicle fuel pump islands shall be set back a minimum of 15 feet from property lines;

(f) A six-foot-high, 100 percent sight-obscuring fence shall be provided along property lines that abut residential properties as designated by the Des Moines Comprehensive Plan; and

(g) Vehicle storage shall be limited to those vehicles contracted for repair or service.

49. Public Administration. This regulation applies to all parts of Table 18.52.010B that have a [49]. Public administration (92) uses shall be permitted in the PR-C Zone, except correctional institutions (92214).

50. Mixed Use. This regulation applies to all parts of Table 18.52.010B that have a [50]. Mixed use shall be permitted in the PR-C Zone, except:

(a) In that part of PR-C fronting on Pacific Highway South and/or South 216th Street, at least 75 percent of the ground floor shall be dedicated to commercial uses and dwellings may not be located on the ground floor;

(b) The City Manager or City Manager’s designee may, by formal action, waive or modify the requirements of this mixed use requirement for commercial uses, upon approval of a plan that is consistent with the legislative intent to maximize ground floor commercial activity;

(c) No residential use is permitted north of South 216th Street.

51. Parcel Service Delivery. This regulation applies to all parts of Table 18.52.010B that have a [51]. Parcel service delivery in the PR-C Zone shall be limited to the postal service (491110).

52. Public Utility Facilities. This regulation applies to all parts of Table 18.52.010B that have a [52]. Public utility facilities and appurtenances shall be permitted in the PR-C Zone when necessary for the distribution of utility services to final customers within the immediate area.

52.5. This regulation applies to all parts of Table 18.52.010B that have a [52.5]. These Business Park-type uses shall be permitted in the PR-C Zone north of South 216th Street.

Transit Commercial Zone

Every use locating in the T-C Zone is subject to the standards of chapter 18.136 DMMC. The paragraphs listed below contain specific limitations and correspond with the bracketed [ ] footnote numbers from Table 18.52.010B.

53. Automobile Equipment, Rental and Leasing. This regulation applies to all parts of Table 18.52.010B that have a [53]. Truck sales, repairs and rentals are permitted in the T-C Zone, but no more than one exclusive truck sales, repair and rental use shall be allowed.

54. Automobile, Parking. This regulation applies to all parts of Table 18.52.010B that have a [54]. Paid and stand alone surface parking shall not be permitted in the T-C Zone after June 30, 2024, except that existing on June 30, 2014.

55. Bakeries, Manufacturing and Retail Sales. This regulation applies to all parts of Table 18.52.010B that have a [55]. Bakeries shall be permitted in the T-C zone, provided:

(a) At least 25 percent of the gross floor area is dedicated to retail sales; and

(b) All storage, display, and manufacturing occur within enclosed buildings.

56. Confectionery, Manufacture. This regulation applies to all parts of Table 18.52.010B that have a [56]. Confectioneries shall be permitted in the T-C zone, provided:

(a) At least 25 percent of the gross floor area is dedicated to retail sales; and

(b) All storage, display, and manufacturing occur within enclosed buildings.

57. Kennels, Commercial. This regulation applies to all parts of Table 18.52.010B that have a [57]. Kennels shall be allowed in the T-C Zone when accessory to a permitted use.

58. Mixed Use. This regulation applies to all parts of Table 18.52.010B that have a [58].

Mixed use development shall conform to the following limitations and standards in the T-C and W-C Zones:

(a) Mixed use structures within the W-C Zone shall only be permitted south of South 268th Street.

(b) Mixed use structures shall contain area for retail trade or personal and business services at street level as follows:

(i) Pedestrian access from the public sidewalk to the retail trade or personal and business services shall be provided;

(ii) A minimum of 60 percent of the gross floor area located at the street level shall be occupied by retail trade or personal and business services;

(iii) A minimum of 75 percent of the street level building frontage adjacent to public right(s)-of-way shall contain floor area for retail trade or personal and business services uses; and

(iv) Building space allocated for retail trade or personal and business service uses at the street level shall have a minimum gross interior depth dimension of 55 feet measured perpendicular to the property line abutting the public street(s) serving the site.

(c) The City Manager or the City Manager’s designee is authorized to consider and approve up to a 20 percent reduction of the bulk requirements specified in subsection (58)(b) of this section when a development proposal incorporates on-site parking substantially at street floor level for retail trade or personal and business service uses and the City Manager or designee determines that the proposed reduction(s) does not compromise, interrupt, or interfere with the desired functionality of the building or the continuity of City pedestrian-oriented design goals in the general area and pedestrian access to the site from the public sidewalk or right-of-way.

(d) Mixed use developments shall comply with all the requirements of chapter 18.155 DMMC, except for private recreational requirements established by DMMC 18.155.050(2).

(e) Mixed use projects in the W-C Zone shall include a Crime Prevention Through Environmental Design (“CPTED”) review as part of the design review process.

(f) A detached structure that contains residential uses and does not meet the requirements for mixed use structures is prohibited, except as provided for in subsection (58)(g) of this section.

(g) When a mixed use development as a whole meets the general intent of subsection (58)(b) of this section, the requirements contained in subsections (58)(b), (c), (d) and (f) of this section may be modified as part of a planned unit development (PUD) and associated development agreement that are approved by the City Council.

59. Pet Boarding. This regulation applies to all parts of Table 18.52.010B that have a [59]. Pet boarding shall be allowed in the T-C Zone when accessory to a permitted use.

60. Public Administration Facilities. This regulation applies to all parts of Table 18.52.010B that have a [60]. Public administration (92) uses shall be permitted in the T-C Zone, except correctional institutions (92214).

61. Public Utility Installations. This regulation applies to all parts of Table 18.52.010B that have a [61]. Public utility installations shall be permitted in the T-C Zone if relating directly to the distribution of services.

62. Self-Storage/Mini-Warehouse Leasing. This regulation applies to all parts of Table 18.52.010B that have a [62]. Only public storage existing on June 30, 2014, shall be permitted.

63. Services, Miscellaneous. This regulation applies to all parts of Table 18.52.010B that have a [63]. Limited to NAICS codes 561110 (administrative) and 561210 (support services).

64. Taverns and Cocktail Lounges. This regulation applies to all parts of Table 18.52.010B that have a [64]. Cocktail lounges shall be permitted in the T-C Zone when located within a restaurant.

65. Theaters. This regulation applies to all parts of Table 18.52.010B that have a [65]. Adult motion picture theaters are prohibited within the T-C Zone.

66. Wholesale Business. This regulation applies to all parts of Table 18.52.010B that have a [66]. Wholesale business shall be permitted in the T-C Zone when accessory to a permitted retail use.

Woodmont Commercial Zone

Every use locating in the W-C Zone is subject to the standards of chapter 18.127 DMMC. The paragraphs listed below contain specific limitations and correspond with the bracketed [ ] footnote numbers from Table 18.52.010B.

67. Retail Trade (With Ancillary Wholesale Trade). This regulation applies to all parts of Table 18.52.010B that have a [67].

Retail trade with ancillary wholesale trade in the W-C Zone is allowed for all retail trade uses except fuel dealers (598)

68. Services. This regulation applies to all parts of Table 18.52.010B that have a [68]. Services in the W-C Zone are limited to the following:

(a) Hotels and motels (701);

(b) Personal and business services, with ancillary wholesale trade (72-73), except the following:

(i) Industrial launderers (7218);

(ii) Billboard advertising (7312);

(iii) Heavy construction equipment rental and leasing (7353);

(iv) Oil extraction equipment rental and leasing (7359);

(c) General automotive repair shops (7538);

(d) Car washes (7542);

(e) Miscellaneous repair services (76), except the following:

(i) Tank and boiler cleaning service (7699); and

(ii) Tank truck cleaning service (7699);

(f) Motion picture services (78);

(g) Amusement and recreation services (79), except the following:

(i) Adult entertainment facilities and adult motion picture theaters (no SIC); and

(ii) Racing, including track operation (7948);

(h) Health services (80);

(i) Legal services (81);

(j) Educational services (82);

(k) Social services (83);

(l) Museums, art galleries, and botanical and zoological gardens (84);

(m) Membership organizations (86);

(n) Engineering, accounting, research, management, and related services (87); and

(o) Services, not elsewhere classified (89).

69. Public Administration Facilities. This regulation applies to all parts of Table 18.52.010B that have a [69].

Public administration facilities (91-97) are permitted in the W-C Zone with the exception of correctional institutions (9223).

70. Automobile Repair, Car Washes, Automobile Service Stations, and Uses with Drive-Through Facilities. This regulation applies to all parts of Table 18.52.010B that have a [70].

Automobile repair, car washes, automobile service stations, uses with drive-through facilities, and similar uses shall conform to the following limitations and standards in the W-C Zone:

(a) Automobile repair and the installation of automobile parts and accessories shall be primarily contained within an enclosed structure;

(b) Unless specifically authorized by the Planning, Building and Public Works Director, vehicular access shall be limited to one driveway per street frontage;

(c) Motor vehicle fuel pump islands shall be set back a minimum of 15 feet from property lines;

(d) A six-foot-high, 100 percent sight-obscuring fence shall be provided along property lines that abut residentially zoned properties, unless waived by the residential property owner prior to building permit issuance; and

(e) Vehicle storage shall be limited to those vehicles contracted for repair or service.

71. On-Site Retail. This regulation applies to all parts of Table 18.52.010B that have a [71].

All products which are manufactured, processed, or treated on the premises must also be sold at retail to the general public on-site.

72. Public Automobile Parking. This regulation applies to all parts of Table 18.52.010B that have a [72].

Public automobile parking (7521) shall not be permitted in the W-C Zone.

73. Bakeries (Manufacturing and Retail Sales) and Confectionery (Manufacture). This regulation applies to all parts of Table 18.52.010B that have a [73]. Bakeries shall be permitted in W-C Zone, provided:

(a) At least 10 percent of the gross floor area is dedicated to retail sales; and

(b) All storage, display, and manufacturing occur within enclosed buildings.

74. Nonprofit Regional Care Facilities. This regulation applies to all parts of Table 18.53.010B that have a [74]. Only the nonprofit regional care facilities that have submitted a complete application on or before the effective date of Ordinance No. 1618-A shall be allowed. These facilities will be considered grandfathered as legal conforming uses with respect to expansion or replacement:

(a) Community care facilities;

(b) Health care and social services; and

(c) Hospitals (mental and alcoholic).

75. Taverns and Cocktail Lounges. This regulation applies to all parts of Table 18.52.010B that have a [75]. Cocktail lounges shall be permitted in the W-C Zone when located within a restaurant.

76. Theaters. This regulation applies to all parts of Table 18.52.010B that have a [76]. Adult motion picture theaters are prohibited within the W-C Zone.

77. Wholesale Business. This regulation applies to all parts of Table 18.52.010B that have a [77]. Wholesale business shall be permitted in the W-C Zone when accessory to a permitted retail use.

All Zones

78. Reserved.

79. Recreational Marijuana. This regulation applies to all parts of Table 18.52.010B that have a [79]. State licensed marijuana producers, processors, and retailers may locate in the City pursuant to chapter 18.250 DMMC.

80. Family Day Care Providers. This regulation applies to all parts of Table 18.52.010B that have an [80]. A family day care provider home facility is a permitted use in all zones, subject to the conditions in chapter 18.180 DMMC.

81. Social Service Facilities. This regulation applies to all parts of Table 18.52.010B that have an [81]. Social service facilities shall conform to the following limitations and standards:

(a) Outdoor play/recreation areas for children shall be set back a minimum of five feet from property lines; and

(b) Unless specifically authorized by the City Manager or designee, passenger loading and unloading areas shall be provided on site.

82. Welding Repair. This regulation applies to all parts of Table 18.52.010B that have an [82]. Welding repair shall only be permitted in an enclosed structure.

83. These essential public facilities are permitted as Type III quasi-judicial decision by the Hearing Examiner in accordance with DMMC 18.20.080 and shall comply with chapters 18.140 and 18.255 DMMC.

84. These essential public facilities are permitted as Type IV quasi-judicial decision by the City Council in accordance with DMMC 18.20.080 and shall comply with chapters 18.140 and 18.255 DMMC.

85. These essential public facilities are a permitted use and do not require a CUP/UUP only when the City and the proponent agree to process the application with a development agreement in accordance with the provisions of chapter 18.255 DMMC.

86. Limited to facilities for public purposes by a public agency.

87. Permitted uses listed in this section utilizing hazardous material exceeding the quantities in the International Building or Fire Codes with regard to exempt amounts of materials presenting a physical or health hazard – maximum quantities per control area.

88. For fire stations and public works maintenance and storage facilities, all buildings and structures shall maintain a distance of not less than 20 feet from any property line that is a common property line with Residential zoned property; and a building from which fire-fighting equipment emerges onto a street shall maintain a distance of 35 feet from such street.

89. Excluding family day care providers, subject to the following minimum conditions:

(a) A play yard or equipment yard shall not be located in any required side or front yard;

(b) All buildings and structures on the lot shall maintain a distance of not less than 20 feet from any property line that is common property line with single-family residential property. If a greater setback is specified in a particular zone then the setback requirements of the particular zone shall prevail over the minimum setback set forth in this subsection;

(c) No day care center shall be located within 150 feet of a Highway Commercial Zone;

(d) State licensing standards for such facilities, chapter 388-73 WAC, shall be met;

(e) Such uses shall comply with the parking code requirements of chapter 18.210 DMMC.

90. Includes wholesale trade and distribution of groceries (SIC 5141), grocery and related products not elsewhere classified (SIC 5149), fish and seafoods (SIC 5146), meats and meat products (SIC 5147), manufacturing and processing of sausages and other prepared meat products (SIC 2013), and servicing machines, coin-operated (SIC 3589); provided, the following conditions shall be conformed to:

(a) Uses shall be limited only to property zoned C-C, Community Commercial; and

(b) Required perimeter landscape and screening requirements adjacent to residentially zoned properties shall be increased as follows:

(i) Minimum width of required landscape planters shall be 15 feet; and

(ii) Planting beds shall contain appropriately amended soils and be bermed to a height of three feet; and

(iii) Type I landscape plant material requirements shall include the use of eight-foot-tall specimen trees throughout; and

(iv) A solid wall six feet in height shall be constructed adjacent to the property line; and

(c) Submittal of a traffic report and a binding truck routing plan prepared by a licensed engineer demonstrating that impacts to local streets will not be significantly adverse and that the existing street system has both the capacity and physical improvements necessary to accommodate the type of vehicles serving the uses proposed.

91. Emergency Housing and Emergency Shelter. This regulation applies to all parts of Table 18.52.010B that have a [91].

Emergency housing and emergency shelter shall be subject to the requirements of chapter 18.140 DMMC, DMMC 18.182.050 and other related provisions of this Title.

92. Permanent Supportive Housing. This regulation applies to all parts of Table 18.52.010B that have a [92].

Permanent supportive housing shall be subject to the requirements of chapter 18.140 DMMC, DMMC 18.182.050 and other related provisions of this Title.

(a) The Hearing Examiner may approve equal square footage of common recreation space in lieu of private recreation space requirements.

93. Uses shall be limited to B-P Zoned properties located north of South 216th Street; provided, that legal conforming B-P developments that existed within the South Subarea of the North Central Neighborhood on the effective date of Ordinance 1775 are exempt from this limitation. [Ord. 1775 § 5, 2023; Ord. 1750 § 3, 2021; Ord. 1737 § 9, 2020; Ord. 1719 § 1, 2019; Ord. 1714 § 2, 2019; Ord. 1701 § 1, 2018; Ord. 1697 § 3, 2018; Ord. 1672 § 1, 2017; Ord. 1669 § 2, 2016; Ord. 1661 § 2, 2016; Ord. 1656 § 4, 2016; Ord. 1655 § 8, 2016; Ord. 1645 § 1, 2016; Ord. 1644 § 2, 2016; Ord. 1618-A § 8, 2015: Ord. 1601 § 12, 2014: Ord. 1591 § 133, 2014.]