Chapter 18.27 D-C DOWNTOWN COMMERCIAL ZONE

Chapter 18.27
D-C DOWNTOWN
COMMERCIAL ZONE

Sections

18.27.010 Purpose of zone.

18.27.020 Permitted uses.

18.27.030 Environmental performance standards and general limitations.

18.27.040 Dimensional standards.

18.27.050 General site design requirements.

18.27.060 General building design requirements.

18.27.070 Appeal from administrative decisions.

18.27.010 Purpose of zone.

(1) The primary purpose and objective of the downtown commercial (D-C) zone is to enhance, promote, and maintain the business areas of the downtown neighborhood.

(2) It is the further purpose of this zone to: (a) ensure land use compatibility among businesses and residences in terms of permitted uses, building height, bulk, scale; (b) provide a downtown that reflects its waterfront location; and (c) ensure that development occurs consistent with the goals, policies, and implementation strategies of the City of Des Moines Comprehensive Plan.

(3) It is the further purpose of this zone to ensure consistent administration of the provisions of this chapter and to recognize the hearing examiner as the appropriate party for appeal of administrative decisions. [Ord. 1237 § 3, 1999; Ord. 1104 § 1, 1994.]

18.27.020 Permitted uses.

Only those uses listed below, and uses similar in nature as determined by the community development director, may be permitted in the D-C zone. Each use is more fully described in the “Standard Industrial Classification Manual.” Listed uses may be otherwise conditioned in this code. The numbers in parentheses following each of the following listed uses refer to the Standard Industrial Classification (SIC) code numbers:

(1) Horticultural specialties (018);

(2) Veterinary services for animal specialties (0742) and dog grooming (0752);

(3) Landscape and horticultural services (078);

(4) Fish hatcheries and preserves (092);

(5) Light manufacturing, fabrication, assembly, and sale of the following and closely related products with ancillary retail sales:

(a) Food and kindred products (20), excluding meat packing plants (2011) and poultry slaughtering and processing (2015);

(b) Textile mill products (22) and apparel and other finished products made from fabrics and similar materials (23);

(d) Printing, publishing, and allied industries (27);

(e) Leather and leather products (314-319);

(f) Glass and glassware, pressed or blown (322);

(g) Ceramic wall and floor tile (3253);

(h) Pottery and related products (326);

(i) Cutlery, handtools, and general hardware (342);

(j) Computer and office equipment (357);

(k) Industrial and commercial machinery and equipment, not elsewhere classified (3599);

(l) Electronic and other electrical equipment and components, except computer equipment (36);

(m) Boat building and repairing (3732);

(n) Measuring, analyzing, and controlling instruments; photographic, medical, and optical goods; watches and clocks (38); and

(o) Miscellaneous manufacturing industries (3911-3933);

(6) United States Postal Service facilities (4311);

(7) Water transportation uses, limited to the following:

(a) Boat cleaning;

(b) Marinas (4493); and

(8) Arrangement of passenger transportation (472);

(9) Wholesale trade of durable goods, limited to the following:

(a) Motor vehicle supplies and new parts (5013), tires and tubes (5014), and motor vehicle parts, used (5015);

(b) Home furnishings (5023);

(d) Electrical goods (506);

(e) Hardware (5072);

(f) Warm air heating and air-conditioning equipment and supplies (5075);

(g) Industrial supplies (5085);

(h) Service establishment equipment and supplies (5087);

(i) Transportation equipment and supplies, except motor vehicles (5088);

(j) Sporting and recreational goods and supplies (5091);

(k) Jewelry, watches, precious stones, and precious metals (5094); and

(l) Durable goods, not elsewhere classified (5099);

(10) Wholesale trade of nondurable goods, limited to the following:

(a) Paper and paper products (511);

(b) Drugs, drug proprietaries, and druggists’ sundries (512);

(d) Groceries, general line (5141);

(e) Confectionery (5145);

(f) Fish and seafoods (5146);

(g) Meats and meat products (5147);

(h) Groceries and related products, not elsewhere classified (5149);

(i) Plastics materials and basic forms and shapes (5162);

(j) Beer, wine, and distilled alcoholic beverages (518);

(k) Books, periodicals, and newspapers (5192);

(l) Flowers, nursery stock, and florists’ supplies (5193);

(m) Paints, varnishes, and supplies (5198); and

(n) Nondurable goods, not elsewhere classified (5199);

(11) Retail trade, with ancillary wholesale trade, limited to the following:

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

(b) General merchandise stores (53);

(d) Automotive dealers and gasoline service stations, and other alternative motor vehicle fuels (55);

(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);

(12) Finance, insurance, and real estate institutions and services (60-67);

(13) Services, 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);

(i) Automobile parking (7521);

(ii) General automotive repair shops (7538); and

(iii) Car washes (7542);

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

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

(ii) Tank truck cleaning service (7699);

(e) Motion picture services (78);

(f) 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);

(g) Health services (80);

(h) Legal services (81);

(i) Educational services (82);

(j) Social services (83);

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

(l) Membership organizations (86);

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

(n) Services, not elsewhere classified (89);

(14) Public administration facilities (91-97), except correctional institutions (9223);

(15) Mixed use (no SIC code);

(16) Home occupations (no SIC code), when the conditions set forth in DMMC 18.08.020(18) are satisfied; and

(17) Public parks (No SIC). [Ord. 1237 § 3, 1999; Ord. 1104 § 2, 1994.]

18.27.030 Environmental performance standards and general limitations.

(1) Every use permitted within the D-C zone pursuant to this chapter shall conform to the following general limitations and standards:

(a) As provided by chapter 9.64 DMMC, no use, activity, or equipment shall be permitted that creates a nuisance or is offensive, objectionable, or hazardous by reason of creation of odors, noise, sound, vibrations, dust, dirt, smoke, or other pollutants, noxious, toxic, or corrosive fumes or gases, radiation, explosion or fire hazard, or by reason of the generation, disposal, or storage of hazardous or dangerous wastes or materials in a manner(s) inconsistent with Title 70 RCW as presently constituted or as may be subsequently amended;

(b) Accessory uses are permitted that are customarily appurtenant or incidental to the principally permitted uses;

(d) All uses shall be primarily contained within an enclosed structure except the following:

(i) Outdoor seating and dining;

(ii) Signs;

(iii) Off-street parking, drive-through facilities, and loading areas;

(iv) Motor vehicle fuel pumps;

(v) Display of merchandise sold on site;

(vi) Boat storage;

(vii) Play/recreation areas; and

(viii) Miscellaneous storage when limited to 25 percent of the site area and when perimeter landscaping and fencing is provided;

(e) In reviewing a proposed permitted use, the community development director may waive or include minimal conditions as may be reasonably needed to ensure that the use is consistent with the purpose of the D-C zone, and to minimize the likelihood of adverse impacts.

(2) Adult entertainment facilities and adult motion picture theaters are not permitted in the D-C zone.

(3) Automobile repair, boat repair, carwashes, automobile service stations, uses with drive-through facilities, and similar uses shall conform to the following limitations and standards:

(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 community development director, vehicular access shall be limited to one driveway per street frontage;

(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.

(4) Welding repair (7692) is only permitted in an enclosed structure.

(5) 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 community development director, passenger loading and unloading areas shall be provided on site.

(6) Mixed use development shall conform to the following limitations and standards:

(a) Mixed use structures shall contain area for nonresidential uses at street level as specified below:

(i) Pedestrian access from the public sidewalk to the nonresidential use(s) shall be provided, and

(ii) A minimum of 60 percent of the street level floor area shall be occupied by nonresidential uses;

(b) On-site multifamily recreation area is provided for developments with four or more dwelling units as provided by chapter 18.45 DMMC, except the minimum area of common recreation space per dwelling unit shall be 25 square feet; and

(c) A detached structure that contains residential uses and does not meet the requirements for mixed use structures is prohibited. [Ord. 1237 § 3, 1999; Ord. 1104 § 3, 1994.]

18.27.040 Dimensional standards.

(1) Maximum Building Height. Maximum building height is 35 feet as measured from mean average sidewalk grade or, if there is no sidewalk, from mean average street frontage grade, subject to the following exceptions:

(a) In that portion of the D-C zone abutting the east margin of Marine View Drive, maximum building height must conform to either of the following measurement standards, whichever is higher:

(i) Thirty-five feet from mean average sidewalk grade as measured from Marine View Drive; or

(ii) Twenty-five feet from mean average street frontage grade of 8th Avenue South (including the alley extension of 8th Avenue South north of South 223rd Street).

(b) Maximum building height for properties contiguous to the Des Moines marina is 35 feet as measured from mean average sidewalk grade or mean average street frontage grade at the marina floor, that is also know as vacated Dock Street.

(c) Maximum building height for properties abutting two north/south streets, except properties regulated by subsection (a) of this section, is measured from the street frontage providing primary access to the building as determined by the director of community development.

(d) Maximum building height for properties abutting one north/south street and one east/west street is measured from the north/south street frontage.

(2) Setbacks. All structures shall maintain setbacks from property lines as set forth below:

(a) Where any lot line lies adjacent to a public right-of-way or private street and residentially zoned property lies adjacent to such public right-of-way or private street, or when the lot line abuts a residentially zoned property, a minimum building or structure setback of 10 feet shall be maintained; and

(b) Underground structures are permitted in all required setback areas. [Ord. 1120 § 1, 1995: Ord. 1104 § 4, 1994.]

18.27.050 General site design requirements.

Development within the D-C zone shall conform to the following site design requirements:

(1) Walkways. Paved pedestrian walkways shall be provided on-site on newly developed properties or materially remodeled, enlarged, or repaired to the extent of 50 percent of the market value as specified below:

(a) Pedestrian walkways shall be provided at or around building(s) of sufficient extent to provide safe pedestrian passage. A minimum six-foot walkway shall be provided adjacent to the principal building entrance(s);

(b) A minimum six-foot pedestrian walkway shall be provided that connects walkways at the building to the street sidewalks. Where no street sidewalk exists, the connecting walkway shall extend to the public right-of-way;

(c) Walkways and sidewalks shall be differentiated from vehicular circulation or vehicular parking areas as approved by the community development director;

(d) Walkways shall conform with all applicable provisions of chapter 51-10 WAC – Barrier-free facilities, as presently constituted or as may be subsequently amended; and

(e) Lighting shall be provided where stairs, curbs, ramps, or abrupt changes in walkway direction occur.

(2) Parking and loading areas. All uses shall conform to the off-street parking provisions and loading area provisions set forth by chapter 18.44 DMMC.

(3) Vehicular access and other right-of-way improvements. Vehicular access and other right-of-way improvements shall conform to the provisions of Title 12 DMMC.

(4) Uses within the right-of-way. Sidewalk cafes, vendors, and similar temporary commercial uses within the public right-of-way shall conform to the provisions of Title 12 DMMC and the following provisions:

(a) A minimum of six feet of unobstructed sidewalk shall be maintained;

(b) The applicant shall demonstrate proof of public liability insurance and consent to a public place indemnity agreement;

(c) The duration of right-of-way use permits for commercial purposes shall be limited to one year; applicants may reapply for right-of-way use permits;

(d) Sale or consumption of alcoholic beverages is prohibited;

(e) Applications for right-of-way use permits for commercial purposes shall include the following information:

(i) Proposed items to be placed within the right-of-way, such as seating, tables, fencing, vending carts, etc.;

(ii) Proposed activities to occur within the right-of-way, such as dining, amplification of music, preparation and sale of food or beverage items, etc.;

(iii) Proposed periods of operation, including months of the year, days of the week, hours, etc., and

(iv) Proposed source(s) of utilities such as electrical power;

(f) Applicants must immediately clear the public right-of-way when ordered to do so by city authorities for reasons of public health or safety; and

(g) In reviewing a proposed use within the public right-of-way, the community development director may include conditions as may be reasonably needed to ensure that the use is consistent with the purpose of the D-C zone, and to minimize the likelihood of adverse impacts. The community development director shall deny the request if it is determined that adverse impacts cannot be mitigated satisfactorily.

(5) Landscaping. All uses shall conform to the landscaping and screening provisions set forth by chapter 18.41 DMMC.

(6) Outdoor uses. Outdoor activities such as sales, display, storage, dining, etc., shall not obstruct vehicular or pedestrian visibility or movement. [Ord. 1237 § 3, 1999; Ord. 1104 § 5, 1994.]

18.27.060 General building design requirements.

Development within the D-C zone shall conform to the following building design requirements:

(1) Structural encroachments into the right-of-way, such as cornices, signs, eaves, sills, awnings, bay windows, balconies, facade treatment, marquees, etc. shall conform to the provisions set forth by Title 12 DMMC, the Uniform Building Code, and the following provisions:

(a) Structural encroachments into the right-of-way shall be capable of being removed without impact upon the structural integrity of the primary building;

(b) Structural encroachments into the right-of-way shall not result in additional building floor area than would otherwise be allowed;

(c) Except for awnings, signs, and marquees, the maximum horizontal encroachment into the right-of-way shall be two feet;

(d) The maximum horizontal encroachment in the right-of-way by signs shall be four feet;

(e) The maximum horizontal encroachment in the right-of-way by awnings and marquees shall be six feet;

(f) The minimum horizontal distance between the structural encroachment and the curbline shall be two feet;

(g) Except for awnings over the public sidewalk which may be continuous, the maximum length of each balcony, bay window, or similar feature that encroaches the right-of-way shall be 12 feet;

(h) The applicant shall demonstrate proof of public liability insurance and consent to a public place indemnity agreement;

(i) Owners of structural encroachments into the right-of-way must clear the public right-of-way when ordered to do so by city authorities for reasons of public health or safety; and

(j) In reviewing a proposed structural encroachment into the public right-of-way, the community development director may include conditions as may be reasonably needed to ensure that the structure is consistent with the purpose of the D-C zone, and to minimize the likelihood of adverse impacts. The community development director shall deny the request if it is determined that adverse impacts cannot be mitigated satisfactorily.

(2) Pedestrian entrances to nonresidential uses at street level shall conform to all applicable provisions of chapter 51-10 WAC – Barrier-free facilities, as presently constituted or as may be subsequently amended.

(3) The width of all floors above the second level floor shall not exceed 80 percent of the width of the street level floor. [Ord. 1237 § 3, 1999; Ord. 1104 § 6, 1994.]

18.27.070 Appeal from administrative decisions.

A person aggrieved by an administrative decision made under this chapter may appeal such decision to the hearing examiner in accordance to the hearing examiner code by filing a written notice of appeal that must be filed within 10 days of such decision. [Ord. 1104 § 10, 1994.]