Chapter 20.31 MX MIXED-USE ZONES

Chapter 20.31
MX MIXED-USE ZONES

Sections:

20.31.005 Purpose and intent.

20.31.010 Master site plan required – MX zones.

20.31.011 Master site plan review.

20.31.012 Master site plan criteria – MX zones.

20.31.015 Prohibited uses.

20.31.016 Pre-existing auto dealerships – RMX zone.

20.31.017 Permitted residential uses – RMX zone.

20.31.020 Density.

20.31.021 Affordable housing incentives.

20.31.025 Access standards.

20.31.026 Building form standards.

20.31.027 Lot coverage – RMX zone.

20.31.030 Parking facilities.

20.31.031 Impervious surface coverage – RMX zone.

20.31.033 Low impact development stormwater management.

20.31.035 Design intent guidelines – CMX zone.

20.31.040 Block and lot layout standards – CMX zone.

20.31.045 Performance standards.

20.31.005 Purpose and intent.

(1) The Shaw-Pioneer community mixed-use zone (CMX) is intended to provide an interspersed mix of multifamily residences at RM-10 densities, vertically and horizontally mixed-use buildings as well as some stand-alone commercial and residential uses. Master site plan development, as established through the planned development process, will provide a complementary mix of uses such as residential, retail, commercial, and professional uses at a scale that is compatible with surrounding neighborhoods. The intent of this district is to promote an intermixed, pedestrian scale environment with specific performance standards that stress efficient circulation, consistent streetscape design and specific building form standards that create a consistent built environment as well as pedestrian street amenities and facilities that promote a distinct neighborhood character.

(2) The River Road mixed-use zone (RMX) is intended to create a vibrant pedestrian-oriented environment by providing for vertically and horizontally mixed-use buildings as well as some stand-alone residential and commercial uses. This zone is specifically intended to establish an urban form on internal streets through specific design and building form standards as well as integrate enhanced connections to the adjacent Riverwalk Trail. The zone will accommodate a wide variety of uses that can fit into the desired building forms including residential, retail, office, professional services, restaurants, bars/pubs, and others. Large format stand-alone retail, road services, and manufacturing uses are detrimental to a pedestrian orientation and shall not be permitted in this zone. (Ord. 2993 § 3 (Exh. G), 2011; Ord. 2943 § 1 (Exh. A), 2009).

20.31.010 Master site plan required – MX zones.

No property shall be developed in the CMX zone under the provisions of this section, unless a master site plan has been reviewed and approved by the hearing examiner. In the RMX zone district, all new buildings 4,000 square feet or larger shall be reviewed and approved by the examiner under a master site plan permit process. Said master site plan shall contain at least the following:

(1) The boundaries of the project site area;

(2) Prominent natural features including critical areas, topographical contours, forested areas and/or significant trees, and water bodies. Topographic information should also indicate preliminary grading contours;

(3) The gross land area of the development, the future land use designation, zoning classification(s) and existing land use of the area surrounding the proposed development, including the location of structures and other improvements;

(4) A comprehensive development site plan identifying the location, number and types of uses to be included in the development;

(5) The location and dimensions of all elements of the public realm, including proposed streets, pedestrian paths, trails, open areas, parking facilities of the specific site while demonstrating comprehensive pedestrian and vehicular accessibility and connectivity throughout the Shaw-Pioneer CMX and RMX zone districts;

(6) Plans and elevations of buildings and structures sufficient to indicate the architectural theme, massing, building materials and construction standards;

(7) Specific development standards to be applied to the project, including building heights, yard setbacks, lot coverage and individual lot sizes, widths, length and uniform shapes;

(8) A preliminary landscaping plan;

(9) Proposed development phasing if proposed;

(10) Open space calculations for common and private open space;

(11) Preliminary storm water management plan;

(12) Master parking plan;

(13) Documentation demonstrating compliance with CMX design intent guidelines as set forth by PMC 20.31.035 and RMX design review overlay chapter (Chapter 20.52 PMC);

(14) Such other information as may be required to enable complete analysis and appraisal of the planned development. (Ord. 2993 § 3 (Exh. G), 2011; Ord. 2943 § 1 (Exh. A), 2009).

20.31.011 Master site plan review.

Upon submission of a master site plan concurrent with preliminary or short plat application, the planning director shall process the request in accordance with the provisions of this title. Any decision of the examiner approving a master site plan shall constitute a final decision consistent with the criteria set forth in Chapter 2.54 PMC.

Upon approval of a master site plan, the property shall be developed only in accordance with the approved master site plan, except that subsequent minor revisions which substantially comply with the overall approved master site plan may be approved by the planning director. (Ord. 2993 § 3 (Exh. G), 2011; Ord. 2943 § 1 (Exh. A), 2009).

20.31.012 Master site plan criteria – MX zones.

The following criteria shall apply to all new development projects in the CMX zone district and all new development projects in excess of 4,000 square feet in the RMX zone district:

(1) Comprehensive Plan Compatibility. The development density and design shall be consistent with the goals, objectives and policies of the comprehensive plan.

(2) Density. The residential density of the project shall not exceed the minimum or maximum development density of the MX zones.

(3) Open Space Requirements. Each individual residential unit shall provide private open space as set forth by MX building form standards. Open space shall be interspersed throughout to provide both passive and active open space opportunities for a full spectrum of age groups and household types.

(4) Compatible Architectural Theme. All buildings and structures in the project site area are to share a common architectural theme that, in the CMX zone, reflects the area’s agricultural heritage and in the RMX zone diminishes impacts to the architectural theme of adjacent land uses while promoting high-quality, sustainable design principles.

(5) Land Use Compatibility. The project site design shall be laid out in a manner which ensures compatibility and harmony with adjoining land uses and infrastructure both interior and exterior to the subject project.

(6) Design Character. Project site design shall comply with MX design intent/purpose statements, principles and applicable standards.

(7) Pedestrian Connectivity. Site design shall facilitate internal walkability throughout and integrate connectivity between adjacent residential, surrounding trail systems and transit stops.

(8) Required Mix of Use Types. Master site plan shall demonstrate a creative intermixing of use types throughout. Vertical mixed-use buildings shall maintain residential components above ground floor commercial tenant space in perpetuity. (Ord. 2993 § 3 (Exh. G), 2011; Ord. 2943 § 1 (Exh. A), 2009).

20.31.015 Prohibited uses.

Since appropriate commercial uses in the MX zones are those that promote a pedestrian shopping environment that minimizes the dependency on the automobile and encourages pedestrian accessibility by clustering a mix of uses that are accessible on foot, the following are prohibited uses:

(1) Motor vehicle sales, rental, storage, service and/or repair, body shops, gasoline or diesel service stations and recreational vehicle parks;

(2) Any business with a drive-through window, including limited-service restaurants;

(3) Manufacturing/industrial uses and warehousing/distribution;

(4) Commercial retail with associated outdoor storage components;

(5) Major commercial recreational uses (CMX only);

(6) Adult uses. (Ord. 2993 § 3 (Exh. G), 2011; Ord. 2943 § 1 (Exh. A), 2009).

20.31.016 Pre-existing auto dealerships – RMX zone.

Pre-existing auto dealerships within the RMX zone district established prior to the codification of this chapter shall be allowed to develop, improve, maintain and expand as a permitted use under the development standards of the General Commercial zone district. If an auto dealer use within the RMX zone is discontinued for a continuous period of one year or more (plus possible extensions in accordance with PMC 20.65.020), such discontinuation shall be deemed an abandonment of nonconforming use rights and PMC 20.31.015 shall apply. Conversion of a nonconforming use to a nonconforming use shall follow the criteria of PMC 20.65.015. (Ord. 2993 § 3 (Exh. G), 2011).

20.31.017 Permitted residential uses – RMX zone.

The following residential uses are permitted in the RMX zone district, subject to the minimum and maximum density requirements of PMC 20.31.020:

(1) Apartments, either as a single stand-alone structure on a mixed-use development site or located within a single mixed-use structure as an upper floor use; and

(2) Townhouse structures with a minimum of three attached units or more on a mixed-use development site. (Ord. 2993 § 3 (Exh. G), 2011).

20.31.020 Density.

The following density requirements apply:

(1) CMX. The minimum required density of dwelling units per net acre shall be four units for a development. The maximum allowable density for a development shall be 10 dwelling units per net acre.

(2) RMX. The minimum required density of dwelling units per net acre shall be four units for a development. The maximum allowable density for a development shall be 18 dwelling units per net acre. (Ord. 2993 § 3 (Exh. G), 2011; Ord. 2943 § 1 (Exh. A), 2009).

20.31.021 Affordable housing incentives.

The following incentives are established in order to integrate the establishment of affordable “workforce” housing in the RMX zone district in addition to market rate housing. For the purposes of this chapter, “affordable housing” means dwelling units that are offered for sale or rent at a rate that is affordable to those individuals and families having incomes that are 80 percent or below the median county income:

(1) Density. For every one affordable dwelling unit created on a development project, an additional two bonus market rate units shall be allowed beyond the maximum density allowances of PMC 20.31.020.

(2) Lot Coverage. See PMC 20.31.026(1).

(3) Parking. One-half stall shall be provided for each affordable housing unit established.

(4) Tax Incentives. Chapter 3.70 PMC: multi-year tax exemption for affordable housing unit/development projects. (Ord. 2993 § 3 (Exh. G), 2011).

20.31.025 Access standards.


	RMX	CMX
(1) Connectivity	New street grid shall create blocks of 300 to 400 feet in length to help create a defined circulation network. New development shall be required to provide signage and connections to the Riverwalk Trail. See Chapter 20.52 PMC, (RR-DRO) River Road Design Review Overlay Zone	New street grid shall align to provide efficient vehicular and pedestrian connectivity to existing streets unless prevented by topography or other physical constraints
(2) Sidewalks	Internal sidewalks shall be a minimum of 5 feet in width, both sides. 8-foot planter strip between sidewalk and private internal road	8-foot width. 6-foot planter bed width. Bioretention swale may be used where soils permit
(3) Access	Limited curb cuts; analysis of creating consolidated access points required along River Road	No curb cuts, alley loaded only
(4) Street trees	Tree species selection shall follow the city’s vegetative management standards manual or adopted Urban Forestry Management Plan. Root guards to protect surrounding utilities and sidewalks required, where needed. Silva cell or structural soil technology shall be used under impervious surfaces to provide additional soil volumes to maximize canopy growth	Tree species selection shall follow the city’s vegetative management standards manual or adopted Urban Forestry Management Plan. Root guards to protect surrounding utilities and sidewalks required, where needed. Silva cell or structural soil technology shall be used under impervious surfaces to provide additional soil volumes to maximize canopy growth
(5) Lighting	300 feet on-center spacing per city engineering standards. Pedestrian scale lower lighting required	300 feet on-center spacing per city engineering standards. Pedestrian scale lower lighting required
(6) Street lane	10-foot lane width on private internal roadway; sharrows required on internal roadways	12-foot lane width
(7) Parking (on-street/off-street)	On-street: Parallel parking required on both sides of private internal roadways, 8-foot standard. Landscaped curb bulb outs required at each internal roadway intersection. Off-street: Shall not be located adjacent or visible from River Road. Parking next to or adjacent to other public streets/internal roadways shall be limited and screened, where visible. See PMC 20.31.030 for additional standards	On-street: Required both sides, 8-foot minimum width. Landscaped curb bulb outs required at each intersection. Off-street: Alley loaded, behind buildings or adjacent to principal arterial, areas abutting railroad right-of-way and elevated roadways. See PMC 20.31.030 for additional standards
(8) Pedestrian amenities	Pedestrian weather protection awnings encouraged. Street benches required in front of all commercial development, two benches required per block length	Pedestrian weather protection awnings encouraged. Street benches required in front of all commercial development, two benches required per block length
(9) Crosswalk standards	All intersections of private roadways/driveways shall be delineated by distinctive masonry or brick material	All crosswalks shall be delineated by distinctive masonry or brick material
(10) Block length	300 feet – 400 feet	600 feet – 800 feet
(11) Alleyway spacing	150 feet	150 feet

(Ord. 2993 § 3 (Exh. G), 2011).

20.31.026 Building form standards.


	RMX	CMX
(1) Minimum project size area	–	4 acres
(2) Placement	0 – 10 feet build-to area(1) (BTA)	0 – 10 feet build-to area(1) (BTA)
(3) Front setback	BTA	BTA
(4) Side setback	BTA	BTA
(5) Street side setback	BTA	BTA
(6) Rear setback	10 feet	10 feet
(7) Maximum height	68 feet (five stories maximum)(2)(4)	40 feet (three stories maximum)(2)
(8) Minimum height	24 feet (two stories)	24 feet (two stories)
(9) Maximum lot coverage	Nonresidential buildings 25%(3) Mixed-use structures 40%(3)	85 percent
(10) Maximum commercial floor space (in any one structure)	–	30,000 square feet
(11) Maximum individual commercial tenant space	–	5,000 square feet
(12) Vertically mixed-use building	Ground floor public street frontage shall be commercial tenant space and access to upper floor residential only	Ground floor street frontage shall be commercial tenant space and access to upper floor residential only
(13) Modulation standards	See PMC 20.52.025(4) for RR-DRO modulation standards	10 feet depth x 15 feet width facade modulation per 75 feet
(14) Private open space (ground floor dwelling unit)	–	200 square feet
(15) Private open space (upper floor dwelling unit)	10 feet x 8 feet	10 feet x 8 feet

(1) Commercial and mixed-use buildings with one to five feet of setback shall incorporate a Type III landscape bed. Five to 10 feet of building setback shall incorporate pedestrian plaza/amenities that activate the public realm to the store front. Stand-alone residential shall incorporate a landscape bed in all proposed setback areas.

(2) Rooftop mechanical equipment, antennas for commercial radio transmission facilities, elevator penthouses, parapets, roof forms and decorative elements not intended for occupancy shall be excluded from the total structural height in these zones where such features are screened or installed consistent with applicable design standards.

(3) See PMC 20.31.027 for bonus palette.

(4) Building height is capped at 54 feet (four stories) if the structure is within 300 feet of a residential zone; may be increased to 68 feet (five stories) in all other areas.

(Ord. 2993 § 3 (Exh. G), 2011).

20.31.027 Lot coverage – RMX zone.

In the RMX zone the base structural lot coverage shall not exceed those listed in PMC 20.31.026(9). These standards may be exceeded, subject to use of one or more of the following structural lot coverage bonus categories:

(1) Affordable Housing. A 20 percent bonus may be granted to the base structural lot coverage when the applicant constructs a mixed use structure or development site where at least 20 percent of the dwelling units are provided for households making less than 80 percent of area median income. These units shall be designated as affordable in perpetuity on title.

(2) Transfer of Development Rights (TDR). A bonus may be granted to the base structural lot coverage when the applicant uses TDR credits from an identified TDR sending area. This feature shall become effective as of the date of adoption of a TDR program by the city which designates the River Road corridor as a receiving site.

(3) Green Roofs. A 15 percent bonus may be granted to the base structural lot coverage when the applicant provides a green roof that covers at least 40 percent of the building footprint. The green rooftop facility shall conform to best available technology standards.

(4) Structured Parking. A 10 percent bonus may be granted to the base structural lot coverage when the applicant constructs a structured parking facility contained within the building footprint (above or below ground) that equals at least 50 percent of the associated building footprint.

(5) Solar Energy Collection. A 10 percent bonus may be granted to the base structural lot coverage when the applicant installs a solar energy collection system on the site which is designed to provide a minimum of 10 percent of the expected annual operating energy for the building. The system and energy collection calculations used in applying this bonus shall be designed and installed under the direction of a professional with demonstrated expertise in the design and construction of such systems.

(6) Energy Efficiency. A 10 percent bonus may be granted to the base structural lot coverage when the structure is designed or upgraded to reduce energy usage beyond the prerequisite standards – as determined by the building code official – by at least 20 percent for new structures and 10 percent for existing structures. Project proponent shall utilize an energy cost budget analysis to demonstrate energy savings over current standards.

(7) Vertical Development. A five percent bonus may be granted to the base structural lot coverage for each additional vertical floor added beyond the minimum two stories, up to a maximum of 20 percent. (Ord. 2993 § 3 (Exh. G), 2011).

20.31.030 Parking facilities.

Parking facilities and provisions shall follow the standards as defined in Chapter 20.55 PMC. The following section recognizes that limiting the number of spaces allowed promotes efficient use of land, enhances urban form in mixed-use centers, encourages use of alternative modes of transportation, provides for better pedestrian movement and protects air and water quality. The following establishes specific standards for the off-street parking facilities in the MX zone districts in accordance with this intent:

Table 20.31.030
	RMX	CMX
(1) Minimum spaces required	50 percent of required as defined by PMC 20.55.010	30 percent of required as defined by PMC 20.55.010
(2) Maximum spaces	80 percent of required as defined by PMC 20.55.010	As defined for specified use in PMC 20.55.010
(3) Residential	Maximum of one per unit	Maximum of 1.5 per unit
(4) Compact stalls	50 percent of stalls shall be sized compact	50 percent of stalls shall be sized compact
(5) Bike facilities	See PMC 20.55.016(2) for nonresidential/mixed-use structures. Each residential unit shall be provided a minimum of two weather-protected bike parking spaces	See PMC 20.55.016(2)
(6) Shared parking agreement analysis	Analysis of shared parking opportunities, where feasible	–

(1) Alterations or changes in use to nonresidential development which involve less than 5,000 net new structural square feet but which, in the determination of the city traffic engineer based upon the ITE Trip Generation Manual, will likely generate net new trips equivalent to or greater than a 5,000-square-foot net new addition of the previous use, shall also be subject to off-street parking standards of this section and PMC 20.55.010.

(2) Each side of a parking lot which abuts a street must be screened from that street using one or a combination of the following methods:

(a) Installation of a compact evergreen hedge or wall extending at least two feet, six inches, and not more than three feet above the ground directly below it. A continuous trellis or grillwork may be constructed above the hedge or wall to a maximum height of six feet;

(b) Provision of a landscaped strip at least five feet in width and containing trees.

Example of Parking Lot Screening

(Ord. 2993 § 3 (Exh. G), 2011; Ord. 2943 § 1 (Exh. A), 2009).

20.31.031 Impervious surface coverage – RMX zone.

In accordance with the River Road subarea plan goals and policies, substantial reductions in the use and presence of impervious surfaces are envisioned. Low impact development techniques should be utilized to this end. The following establishes specific standards and incentives for reducing and removing impervious surfaces during site development and substantial redevelopment projects:

(1) No Net Increase of Impervious Surfaces. All building permits submitted for any new exterior construction or site alterations shall document all impervious site surfaces (e.g., rooftops, parking lots, walkways, severely compacted soil areas, etc.) relative to overall site area. No new site alterations or construction shall result in an increase in overall impervious surface.

(2) Maximum Impervious Surface Coverage Established. No site shall maintain or construct impervious surfaces that exceed 70 percent of total site area. Impervious surfaces beyond 70 percent shall be considered nonconforming; reduction and removal of impervious surfaces shall be required upon substantial site redevelopment.

(a) Substantial site redevelopment – defined for purposes of this subsection, “substantial” site redevelopment shall be any new development or alterations with value, as determined by the city, totaling more than $150,000, within any two-year period – shall result in a site impervious surface coverage of no more than 70 percent.

(b) Multiple techniques may be utilized to achieve this reduction goal, including, but not limited to, the removal of impervious parking lot surfacing, replacement of impervious surfaces with pervious, installation of soil amended landscape areas, etc. Given that the following techniques do not either infiltrate rain water or do not provide full interception and infiltration/transpiration of rain water, a credit for up to, but not more than, 50 percent of their site coverage area shall be provided in relation to impervious surface reductions:

(i) Green roof tops; and

(ii) Deciduous tree canopy coverage area.

(c) All pervious and landscaped areas disturbed or created by the project will have their soils amended with 10 percent compost by volume or replaced entirely with engineered soils meeting the requirements of DOE BMP T5.13. (Ord. 2993 § 3 (Exh. G), 2011).

20.31.033 Low impact development stormwater management.

Where feasible, low impact development (LID) stormwater management techniques shall be utilized, to the maximum extent which is technically feasible. LID is a set of techniques that mimic natural watershed hydrology by slowing, evaporating/transpiring, and filtering water, which allows water to soak into the ground closer to its source. Some techniques, such as green roofs, rain water cisterns, amended soils, etc., are technically feasible on all sites and shall be incorporated into the site and building design. Overall, the design shall seek to meet the following objectives:

(1) Preservation of natural hydrology;

(2) Reduced impervious surfaces;

(3) Treatment of stormwater in numerous small, decentralized structures;

(4) Use of natural topography for drainageways and storage areas;

(5) Preservation of portions of the site in undisturbed, natural conditions;

(6) Reduction of the use of piped systems. Whenever possible, site design should use multifunctional open drainage systems such as vegetated swales or filter strips which also help to fulfill landscaping and open space requirements;

(7) Restoration of compacted, degraded soils by amending with organic compost materials; and

(8) Protect and improve existing tree canopy as well as planting new trees in large soil volumes to establish additional canopy coverage areas. (Ord. 2993 § 3 (Exh. G), 2011).

20.31.035 Design intent guidelines – CMX zone.

Master plan design submittal shall demonstrate that the following intent guidelines are implemented into building and site design:

(1) Architectural Theme. The primary design objectives for the CMX zone are to reflect the area’s agricultural heritage while promoting the pedestrian scale environment.

Toward this end, the overall architectural theme shall reflect a rustic, farmhouse style design in residential, commercial and mixed-use buildings.

(a) Flat roof design, in conjunction with gabled parapets, strongly encouraged for commercial buildings.

(b) Use of high quality building materials (use of sustainable building materials and use of LEED building practices strongly encouraged).

(d) Incorporate multiple building features such as cornices, special wall-mounted lighting fixtures, window shutters, planter boxes, various window styles and other elements to reinforce the pedestrian scale, ground floor orientation and visual continuity to abutting buildings.

(2) Public Space.

(a) Public space design that enlivens the pedestrian experience through the extensive use of pedestrian amenities.

(b) Careful and deliberate design that buffers the pedestrian experience from auto travel.

(d) Implement transition design that provides compatibility to abutting land uses.

(3) Pedestrian Experience.

(a) Creative treatment of blank walls (i.e., wall art, multiple facade materials).

(b) Weather protection awnings.

(4) Building Orientation.

(a) Building design shall orientate toward the public realm. If applicable, buildings shall provide additional orientation toward natural features or open space.

(b) Locate building entrances and use prominent architectural elements at street intersections and key sidewalk locations.

(5) Signage.

(a) Signage shall be pedestrian scaled.

(b) Signage shall incorporate specific design themes from the associated building.

(6) Parking and Loading Facilities.

(a) Allow parking facilities to be efficiently designed and located to reduce visual prominence of visibility of parked vehicles.

(b) Parking and loading facilities shall be designed and located to enhance pedestrian safety through the use of pedestrian walkways delineated by distinctive pavements. (Ord. 2993 § 3 (Exh. G), 2011; Ord. 2943 § 1 (Exh. A), 2009).

20.31.040 Block and lot layout standards – CMX zone.

(1) Traditional street grid system required.

(2) Blocks shall not be more than 800 feet in length and no shorter than 600 feet in length.

(3) Alleys shall be required for all block layouts. Easements shall be required to accommodate utilities, drainage courses/facilities, or pedestrian walkways.

(4) Where blocks are developed along arterial/collector streets and/or highways that are proposed to contain alleys, said alleys shall run parallel to said arterial, and not perpendicular or radial so as to create an intersection between the arterial and alley.

(5) All established lots shall not be irregular in size or shape.

(6) Lot Arrangements. Lots shall be oriented and improved in accordance with the following requirements:

(a) The lot arrangements shall be such that there will be no foreseeable difficulties, for reasons of topography or other site conditions, in securing building permits to build on all lots in compliance with the zoning ordinance and other regulations and in providing safe driveway access to buildings on such lots from an approved street;

(b) Double frontage and reverse frontage lots shall be discouraged except where necessary to provide separation of development from arterial streets or to overcome specific disadvantages of topography and orientation;

(c) Lots shall not derive access exclusively from an arterial or major collector street. Where driveway access from an arterial or major collector street may be necessary for several adjoining lots, said lots may be required to be served by a common and combined driveway in order to limit possible traffic hazards on such streets;

(d) Lots shall be laid out so as to provide positive drainage away from all buildings, and individual lot drainage shall be coordinated with the general storm drainage pattern for the area;

(e) Each individually owned lot or unit shall obtain direct access from a dedicated public street, an approved private access road or an approved alley;

(f) Side lot lines shall be perpendicular to street lines;

(g) Topsoil shall be placed on each lot to a minimum depth of 12 inches to support minimum vegetative cover. Topsoil moved during the course of clearing, grading or construction shall be redistributed on all regraded surfaces so as to provide a minimum of four inches of even cover to all disturbed areas of the development and shall be stabilized by seeding or planting. The topsoil shall be rich in organic matter and conducive to the health and growth of landscaping; and

(h) No cut trees, timber, organic debris, earth, rocks or stones 12 inches in diameter or greater, contaminated or nonstructural surplus soil, junk, rubbish, or other waste materials of any kind including construction debris shall be buried in any land without prior approval of the public works director or designee. No cut trees, timber, organic debris, earth, rocks, stones, soil, junk, rubbish, or other waste materials of any kind excluding landscape materials shall be left deposited on any lot or street at the time the buildings are ready for occupancy. (Ord. 2993 § 3 (Exh. G), 2011; Ord. 2943 § 1 (Exh. A), 2009).

20.31.045 Performance standards.

The following special requirements and performance standards shall apply to properties located in the MX zone:

(1) Exterior Mechanical Devices. Air conditioners, heating, cooling, ventilating equipment, pumps and heaters and all other mechanical devices shall be screened from surrounding properties and rights-of-way. Alternative methods for screening may include the use of building or parapet walls, sight-obscuring fencing and/or landscaping, equipment enclosures, consolidation and orientation of devices towards the center of the rooftop, and/or the use of neutral color surfaces.

(2) Required Landscaping. Landscaping required by this title and/or by conditions of approval of discretionary applications required by this title shall be designed, installed and maintained in accordance with Chapter 20.58 PMC. Bioretention swales shall be incorporated into landscape areas where soils permit. In no event shall such landscaped areas be used for storage of materials, placement of temporary signs or parking of vehicles.

(3) Outdoor Lighting. Building-mounted lighting and aerial-mounted floodlighting shall shield direct lighting from other properties. Ground-mounted floodlighting or light projection above the horizontal plane is prohibited between midnight and sunrise. All lighting shall be shielded so that the direct illumination shall be confined to the property boundaries of the light source. Temporary outdoor lighting intended to advertise a temporary promotional event shall be exempt from this requirement.

(4) Trash and Recycling Receptacles. Trash and recycling receptacles shall be screened from adjacent properties and public rights-of-way by an opaque visual barrier no lower than the highest point of the receptacles. Except on trash pickup days, all trash receptacles shall be screened from neighboring properties and public rights-of-way by an opaque visual barrier no lower than the maximum height of the receptacles. For multiple-family uses of five or more dwelling units and commercial uses, trash receptacles shall be permanently maintained within such opaque visual barrier. Proposed multifamily residential projects of five or more dwelling units shall provide at least one on-site recycling area for each 25 dwelling units. Each recycling area shall be located not more than 200 feet from the intended user units and, at a minimum, shall include separate receptacles for glass, newspaper, aluminum and cardboard. All recycling areas shall be screened in a manner consistent with trash receptacles under this subsection.

(5) Dog Kennel/Veterinary Clinics. Dog kennels, whether operated as accessory to another use (e.g., veterinary clinic) or as a stand-alone operation, shall meet the following performance standards:

(a) Dog impound areas shall be interior to the building only. Exterior impound kennels are prohibited.

(b) All such kennel areas shall be designed and operated in a manner so as to produce no offensive odor or noise detectable on off-site properties.

(6) Yard Projections. Any required yard shall be open and unobstructed from the ground to the sky unless otherwise provided:

(a) Fences and walls as specified and limited under this section may project into any required yard.

(b) Cornices, sills, eaves projections, and awnings without enclosing walls or screening may project into a required yard but not more than two feet, provided the width of any required interior side yard is not reduced to less than two feet, six inches, and any yard abutting a street is not reduced to less than five feet.

(c) Open, unenclosed decks not covered by a roof may project into any required yard; providing, however, that said decks are constructed at grade elevation, or in no event exceed 18 inches above adjoining grade.

(7) Fences and Walls. Except as regulated under subsection (11) of this section, fences and walls constructed shall not exceed a maximum height above the adjacent grade as set forth in this subsection:

(a) Fences and walls located within the front yard BTA shall not exceed a height of three and one-half feet;

(b) Fences and walls located within the rear yard or interior side yard shall not exceed a total height of six feet;

(c) Fences and walls located within the street side yard shall not exceed a total height of six feet; provided, however, that any portion of a fence or wall lying between the front lot line and a parallel line extending from that point of a building nearest the front property line shall not exceed a height of three and one-half feet;

(d) Fences and walls constructed within the building area of a lot may be as high as the building existing within said area; and

(e) No fence or wall may include the use of barbed wire or razor wire.

(8) Vending stands or kiosks (e.g., espresso stands), either portable or permanent but intended as non-temporary uses, shall be permitted to site in existing commercial establishments within the MX zones, subject to the following standards:

(a) Portable vending stands permitted under this subsection shall not exceed 50 square feet in area. All vending stands shall provide adequate trash receptacles and shall not be located within any required landscape area.

(b) Placement of any vending stand or kiosk shall not be located on an established site which is nonconforming with this title’s parking standards as to required dimensions or access/egress configuration such that, in the opinion of the city engineer, siting the stand may exacerbate a substandard vehicle circulation situation. Further, no vending stand shall occupy any parking stall of an establishment which is now nonconforming with this title’s parking standards for number of stalls so as to result in a net loss of parking.

(c) All such vending stands shall comply with city licensing requirements under PMC Title 5. All stands shall further be subject to any applicable building or fire codes.

(9) Public Transit Facility Location and Design. In order to reduce the use and dependence on private vehicles and associated traffic congestion, and to encourage the use of public transit, adequate provision should be made for public transit facilities and supporting improvements. When formally recommended or requested by the local public transit authority, bus shelters, transit turnouts and supporting facilities shall be located and designed in accordance with the following provisions:

(a) Transit Facility Location Criteria. When required, transit facilities shall be located on or adjacent to arterial streets.

(b) Transit Facility Access. Convenient, safe and direct pedestrian access to and from transit facilities shall be provided between all building entrances, pedestrian plazas or walkways, and public rights-of-way in accordance with PMC 20.31.025.

(c) Transit Facility Design. All transit facilities shall be designed to the standards and specifications of the public transit authority and the city’s public works department.

(10) Truck Parking and Loading/Unloading Areas. Truck parking and loading/unloading as required under PMC 20.55.061 shall be screened from public right-of-way and any adjoining residential development. Said loading/unloading facilities shall be accessed from the alley or adjoining parking lot only.

(11) Sight Distance Requirements. At all street, alley and driveway intersections there shall be triangular yard area within which no tree, sight-obscuring fence, shrub, wall or other visual obstruction shall be permitted higher than 30 inches above the adjacent street, alley or driveway grade. This triangular area shall measure as follows:

(a) At any intersection of two street rights-of-way, two sides of the triangular area shall extend 20 feet along both right-of-way lines, measured from their point of intersection. For the purpose of this subsection, an alley shall be considered as a street.

(b) At any intersection of a driveway with a street or alley, the sides of the triangle shall extend 10 feet along the street or alley right-of-way and 15 feet along the edge of the driveway, measured from their point of intersection.

(c) The provisions of this subsection shall be in addition to any other site distance protection requirements of the city and in the event of conflict between requirements, the more restrictive shall apply. (Ord. 2993 § 3 (Exh. G), 2011; Ord. 2943 § 1 (Exh. A), 2009).