Chapter 17.37
MIXED-USE OVERLAY

Sections:

17.37.010    Purpose.

17.37.020    Definitions.

17.37.030    Applicability.

17.37.040    Development standards.

17.37.050    Frontage standards.

17.37.060    Setbacks.

17.37.070    Screening.

17.37.080    Landscaping.

17.37.090    Lighting.

17.37.100    Parking.

17.37.110    Signage.

17.37.120    Mixed-use master plans.

17.37.130    Review and approval process.

Appendix A    Commercial Zoned Properties Potentially Available for CUP MF Residential Development.

17.37.010 Purpose.

The intent of this chapter is to allow for greater flexibility in the utilization of land, particularly within the Village Square overlay, through single mixed-use buildings and multi-building mixed-use developments that are in compliance with the goals and visions of the Comprehensive Plan. Single mixed-use buildings and multi-building mixed-use developments are intended to allow for efficient use of land and public services in an urban setting; encourage pedestrian oriented development; human interaction and sense of place; create safe, attractive and convenient environments; and increase development alternatives. The purpose of this chapter is to establish standards for single mixed-use buildings and multi-building mixed-use developments. (Ord. C-798 § 3, 2013)

17.37.020 Definitions.

“Development standards” means the standards regulating the design, utilization, and orientation of the building(s) and the land on which the building(s) are to be located.

“Fairchild Air Force Base (FAFB) Military Influence Area” or “MIA” refers to the area under the influence of FAFB’s current, and potentially future, mission profile.

1. MIA 1 is the entirety of Spokane County.

2. MIA 2 is a geometrically defined area extending in a 5,000-foot radius from the centerline of the FAFB runway.

3. MIA 3/4 is as shown on the adopted City of Airway Heights zoning map, and is based upon 2009 JLUS Report, Appendix L, Figure 4. Within the municipal boundaries of Airway Heights, the 65-LdN sound contour is based on the 1995 FAFB AICUZ sound contours.

4. The specific application and how these MIAs apply to development is further defined in Chapter 17.16 AHMC, JLUS Protections for Fairchild Air Force Base.

“Frontage standards” means the standards regulating the design, utilization, and orientation of project elements associated with the land between the front of a building and the right-of-way and the portion of a building facing the right-of-way.

“Integrated mixed-use” means a combination of compatible commercial and residential uses, usually in a single building, that have a net result of creating an urban environment and feel. Multi-building projects shall be designed so that the integrated uses create complementary ambient sound buffers and it is clear that the residential experience will be similar to that achievable in a high density urban area.

“Mixed-use development” means a project that integrates a mix of compatible commercial and residential uses in a single coordinated project that creates a pedestrian oriented urban environment through a mix of high density residential, specified design standards, and compatible commercial and/or professional uses. The overall design of a mixed-use development should create an integrated, complementary urban environment and feel.

“Multi-building mixed-use development” means a single unified development of two or more buildings that incorporates the planned integration of commercial and residential land uses consisting of a combination of office, light industrial (if allowed in underlying zone), hotel, retail, public entertainment and public uses, and housing in a densely configured group of buildings that, as a whole, achieves physical and functional integration.

“Single building mixed-use development” means a single building that incorporates the planned integration of commercial and residential land uses consisting of some combination of office, light industrial (if allowed in underlying zone), hotel, retail, public entertainment and public uses, and housing that achieves physical and functional integration.

“Spokane International Airport (SIA) aviation influence area” refers to the area within City boundaries that lie within 65-LdN or higher sound contours caused by SIA aviation activities. (Ord. C-798 § 4, 2013)

17.37.030 Applicability.

New developments or buildings constructed after the effective date of the ordinance codified in this chapter are subject to the provisions of this chapter. Existing buildings that are modified to the extent that the footprint or square footage is increased by 50 percent or more are also subject to the provisions of this chapter. The standards of the mixed-use overlay are in addition to the standards of the underlying zoning district, and are secondary to the regulations of Chapter 17.16 AHMC, JLUS Protections for Fairchild Air Force Base. Approval of a single mixed-use building or a multi-building mixed-use development does not require or result in a change in zoning designation; however, it will require a conditional use permit. Single mixed-use buildings and multi-building mixed-use developments are allowed in the following zones/overlays:

A. C-1, restricted commercial zone;

B. C-2, general commercial zones, limited to those areas shown on Chapter 17.11 AHMC, Appendix A: Commercial Zoned Properties Potentially Available for Residential Development;

C. Residential elements of any mixed-use project shall not be permitted in sound contours exceeding 70 LdN. (Ord. C-798 § 5, 2013)

17.37.040 Development standards.

A. Mixed-Use Projects.

1. Mixed-use projects shall be submitted as a mixed-use master plan as defined in AHMC 17.37.120, Mixed-Use Master Plans.

2. Mixed-use projects shall provide a minimum residential density of 10 units per acre as required by Chapter 17.09 AHMC, Multiple-Family Residential Zone (R-3).

3. The maximum building height shall be 60 feet above finished grade plane.

4. The maximum building coverage shall be 60 percent of the lot area if not located within the Village Square overlay. The Hearing Examiner may approve a higher percentage of lot coverage for mixed-use projects located within the Village Square overlay or those using a centralized parking area.

5. Projects located within the FAFB MIA or the SIA aviation influence area shall:

a. Meet all standards or limitations listed under Chapter 17.16 AHMC, JLUS protections, or Chapter 17.15 AHMC, Airport Overlay Zone (AO), whichever is most applicable based on the project’s location.

i. No mixed-use projects shall be allowed within the FAFB AICUZ APZs.

ii. No residential elements of a mixed-use project shall be located within 100 feet of SR-2 right-of-way.

iii. No residential elements of a mixed-use project shall be located within 100 feet of the 70-LdN sound contours adopted by the City, as shown on the most current City of Airway Heights zoning map.

iv. The Development Services Director, or designee, shall be authorized to determine which aviation overlay applies to a specific project. It is possible a site lies within both influence areas, and if so, the more restrictive regulations shall apply.

b. Sound mitigation shall be required if a proposed project is located within a 65-LdN or higher sound contour, such that the decibel level produced by exterior noise sources is reduced by a minimum of 25 dB noise-level-reduction (NLR) when heard from the interior of the structure.

i. At a minimum, any required sound mitigation shall be designed/installed as indicated in the 2005 Department of the Navy “Guidelines for Sound Insulation of Residences Exposed to Aircraft Operations,” produced by the Wyle Research Group, April 2005, if located within designated sound contours.

c. Any required sound mitigation shall be reviewed and approved as adequate by a certified acoustical engineer, or licensed architect or interior designer certified in acoustical or sound mitigation.

d. The maximum level of allowed residential density may be reduced on projects within aviation influence zones.

e. Facilities providing on-site outdoor activities (open areas, decks/patios/balconies, etc.) may be limited in location, type, and size.

f. The specific location or footprint of a proposed project may be limited to prevent conflicts with aviation activities.

6. One or more outdoor accessible features shall be provided to encourage interaction among residents. A minimum of five percent of the total site must be devoted to outdoor accessible features, including, but not limited to, landscaped courtyards, gardens with pathways, or other multipurpose outdoor accessible features. These features should be centrally located within the site to the fullest extent possible.

a. The minimum required setback areas will not be counted toward the minimum required percentage of outdoor accessible features.

b. Rooftop decks may count for up to 50 percent of the required outdoor accessible features; provided, that it is ADA accessible to all dwelling units and is provided with amenities such as seating areas, landscaping, and/or other features that encourage pedestrian use as determined by the Hearing Examiner.

c. A project may be permitted, or even required, to reduce the amount, or design, of outdoor accessible features if the project lies within the City’s adopted MIA 3/4 or aviation influence area. Such a determination shall be made during the review process.

i. If it is determined that outdoor accessible features are required to be reduced, then an indoor facility designed to encourage resident interaction (community center, recreation center, gym, etc.) shall be provided.

ii. Indoor recreational or community gathering facilities, such as community centers, gyms, recreational centers, etc., shall be counted as commercial space when determining the commercial/residential square footage ratios.

7. Retail uses shall not be permitted horizontally adjacent to residential. Office space horizontally adjacent to residential is permitted. Appropriate sound attenuation may be required between residential and nonresidential uses as determined by the Hearing Examiner.

a. Any residential units requiring sound mitigation due to surrounding commercial uses shall be designed to ensure surrounding commercial uses do not create within the residential unit an interior noise exceeding 55 LdN, and maintaining ambient interior noise levels of 40 LdN, within the ADA unit.

b. Any required sound mitigation shall be reviewed and approved as adequate by a certified acoustical engineer, or licensed architect or interior designer certified in acoustical or sound mitigation.

8. Metal siding, metal pole buildings, and manufactured housing shall not be permitted within mixed-use projects.

9. All travel and parking areas shall be paved.

10. Mixed-use projects shall provide enclosures for recyclable and garbage collection points, as outlined in Chapter 17.25 AHMC.

11. Biofiltration Swales. Biofiltration swales, when used, shall be integrated with the overall site design with one of the following methods:

a. Locate biofiltration swales, ponds, or other approved biofiltration systems as part of a landscape screen. The swale or pond should be designed so it does not impede pedestrian circulation or shared parking between two or more properties;

b. Where topography is favorable, locate the biofiltration swale, pond, or other approved biofiltration system within the paved parking or service area. The swale or pond shall be landscaped as part of the required internal parking lot landscaping and oriented so it does not impede pedestrian circulation;

c. Locate the swale along the front edge of the property. Incorporate landscaping and screening to visually enhance the swale without reducing maintainability and sun exposure.

12. Pedestrian walkways shall be separated from structures by a minimum three-foot landscaped buffer.

B. Single Building Mixed-Use Developments.

1. If a mixed-use project consists of a single mixed-use building, it shall be a minimum of two stories.

2. Residential usage is not permitted on the ground floor of a site with a single mixed-use building.

a. Except, those units specifically required under the federal ADA regulations shall be allowed on the ground floor of a single building project. The necessary number of ADA accessible units shall be as required under the International Building Code (IBC) and the American National Standards Institute (ANSI).

i. Allowed ADA accessible ground-floor unit(s) shall be designed and located in such a way as to prevent the public from viewing the interior of the unit(s).

ii. Any ground-level ADA unit shall be designed so that surrounding commercial uses do not create within the residential unit an interior noise exceeding 55 LdN, and maintaining ambient interior noise levels of 40 LdN within the ADA unit.

iii. Any required sound mitigation shall be reviewed and approved as adequate by a certified acoustical engineer, or licensed architect or interior designer certified in acoustical or sound mitigation.

3. For a mixed-use project with a single mixed-use building, commercial uses are permitted within the first two stories, except that retail uses shall not be permitted horizontally adjacent to residential, except as noted in subsection (B)(2) of this section.

4. If a project has a single mixed-use building with two stories, then a minimum of 50 percent of the total floor space shall be devoted to commercial uses.

a. Any required ADA residential units located on a ground floor shall be counted towards the total residential units/square footage allowed.

b. Storage areas, such as storage units, lockers, secure bike storage/lockers, etc., shall be considered as a percentage of the total commercial space, providing such areas are considered, and to be used as, common areas for the development.

c. Mechanical or riser rooms shall be counted towards the total commercial space.

d. Indoor facilities designed to encourage resident interaction, such as community centers, gyms, recreational centers, etc., shall be counted as commercial space when determining the commercial/residential square footage ratios.

5. If a project has a single mixed-use building with three stories, then at least one-third (33 percent) of the overall floor area shall be devoted to commercial uses.

6. If a project has a single mixed-use building with four or more stories, then at least one-quarter (25 percent) of the overall floor area shall be devoted to commercial uses.

C. Multi-Building Mixed-Use Developments.

1. These standards are in addition to those listed in subsections (A) and (B) of this section. If there is a conflict, the more restrictive shall apply.

2. Multi-building projects shall be designed so that the integrated uses create complementary ambient sound buffers and it is clear that the residential experience will be similar to that achievable in a high density urban area.

3. Multi-building mixed-use developments shall not be constructed on multiple parcels. If a proposed mixed-use development consists of multiple parcels, the parcels must be aggregated prior to project approval.

4. Multi-building mixed-use developments shall be integrated mixed-uses that, at a minimum, consist of two-story structures, with a minimum of 50 percent of the total floor space being devoted to commercial uses in each structure.

5. Multi-building mixed-use developments consisting of buildings three stories in height shall have at least one-third (33 percent) of the overall space dedicated to commercial uses in each structure.

6. Multi-building mixed-use developments consisting of buildings four stories in height shall have at least one-quarter (25 percent) of the overall space dedicated to commercial uses in each structure.

a. Any required ADA residential units located on a ground floor shall be counted towards the total residential units/square footage allowed.

b. Storage areas, such as storage units, lockers, secure bike storage/lockers, etc., may be considered as a percentage of the total commercial space, depending on the specific layout and design and at the discretion of the Hearing Examiner.

c. Mechanical or riser rooms may be counted towards the total commercial space.

d. Indoor facilities designed to encourage resident interaction, such as community centers, gyms, recreational centers, etc., shall be counted as commercial space when determining the commercial/residential square footage ratios.

7. It is permitted for there to be more commercial square footage than residential.

8. Separate buildings within multi-building mixed-use developments shall be connected through pedestrian linkages delineated through landscaping, differentiated surface materials or texture. Delineation through striping alone shall not be considered sufficient.

9. Parking shall be of a centralized design, with a single parking area serving all structures and uses. The parking area shall be landscaped as required under AHMC 17.22.100.

10. Multiple buildings within mixed-use developments shall have at least one similar design characteristic, such as building facades, surface materials, colors, landscaping, or signage.

D. The Planning Official is authorized to consider alternative design proposals given that the alternative design proposal fulfills the purpose and intent of this chapter. The approval or denial of alternative design proposals is at the discretion of the Hearing Examiner. (Ord. C-798 § 6, 2013)

17.37.050 Frontage standards.

A. Walls. Blank walls are not permitted along arterial or collector street frontages, including frontages along State Route 2. At least 50 percent of the overall ground level wall area facing an arterial or collector street shall be devoted to interest-creating features such as pedestrian entrances, transparent display windows, or windows affording a view in retail or lobby spaces.

B. Storefront Setback. Mixed-use projects located within the Village Square overlay are exempt from the front yard setback requirement in AHMC 17.37.060(A), except that a 10-foot minimum landscaped setback from the edge of the curb is required. Commercial elements fronting on SR-2 (US-2) shall have a minimum setback of 50 feet off the highway.

C. Residential elements in any mixed-use projects that front State Route 2 shall have a minimum 100-foot front yard setback. Any access drives on SR-2 (US-2) shall be approved by the Washington State Department of Transportation (WSDOT).

1. The minimum 10-foot landscaped setback shall comply with Type III or Type IV landscaping requirements. Planters with ground cover or other proposed landscaping may be allowed at the discretion of the Development Services Director, or designee.

D. Sidewalks. Sidewalks shall be provided along all street classifications, excluding alleyways.

1. Sidewalk design standards shall be as specified in the City of Airway Heights Public Works Standards.

2. Sidewalks shall be located within the minimum 10-foot landscaped setback; however, a minimum three-foot separation between the building and the sidewalk shall be provided.

3. Benches and decorative art are permitted within the entire front yard setback; however, the clear-view triangle must be maintained.

E. Weather Protection. Weather protection is required over display windows, doors, and entryways for first-floor commercial and individual residence entries, and may project into the required front setback. The standards for weather protection are as follows:

1. Weather protection may be in the form of a recessed entry, awning, marquee, canopy, or building overhang;

2. Weather protection, other than a recessed entry, shall project from the edge of the building a minimum of 36 inches;

3. Weather protection may project into the required setback; however, a minimum of 60 inches from the edge of the curb shall be provided;

4. Weather protection may only be extended to the edge of the curb between a passenger loading point and a building entrance;

5. Weather protection must have a minimum clearance of eight feet;

6. Weather protection, other than a recessed entry, shall be a minimum of four feet wide serving commercial and individual residence entries;

7. All lettering, color and graphics on pedestrian coverings shall conform to Chapter 17.23 AHMC, Signs;

8. Addressing shall be in a contrasting color to the wall, with numbers being a minimum of six inches in size.

F. Building Entry Location. At least one building entry shall be visible from the street and shall either provide direct access to the sidewalk or be connected to the sidewalk by way of a pedestrian linkage. The pedestrian linkage shall be clearly marked and identifiable from the sidewalk. (Ord. C-798 § 7, 2013)

17.37.060 Setbacks.

A. Single building and multi-building mixed-use developments are subject to the following minimum setbacks:

1. Front yard: 25 feet.

a. The front yard setback may be reduced if the mixed-use project fronts on a centralized parking area or is located in the Village Square overlay, provided such a reduction is not determined to be an increased risk to health and safety.

b. The 100-foot minimum setback for projects fronting State Route 2 may be altered by WSDOT if determined to not be an increased risk to public health and safety.

2. Rear yard: 10 feet.

a. Mixed-use sites located in the Village Square Overlay may not require a rear yard setback; provided, that adequate parking is provided on site or as part of a centralized shared parking plan;

b. Multi-building mixed-use projects may not require a rear yard setback between structures that make up the mixed-use development; provided, that adequate parking is provided on site or as part of a centralized shared parking plan.

3. Side yard: five feet per story.

a. Mixed-use sites located in the Village Square overlay may not require a side yard setback; provided, that the buildings are designed to provide equivalent or better fire protection than that created by the five-foot setback requirement and adequate parking is provided on site or as part of a centralized shared parking plan;

b. Multi-building mixed-use projects may not require a side yard setback between structures that make up the mixed-use development; provided, that the buildings are designed to provide equivalent or better fire protection than that created by the five-foot setback requirement.

4. Flanking street yard: 15 feet; the Planning Official may consider alternative proposals for flanking street yard setbacks.

5. All setback requirements shall be measured from the project’s property line and the above setback exceptions do not apply to setback requirements between different projects or properties.

B. The Hearing Examiner may require that buildings and other site improvements be set back from the right-of-way or easement to allow for future street improvements or expansions.

C. Allowed Projections.

1. Fireplace structures and bay or garden windows or similar structures may project a maximum of 24 inches into any setback.

2. Porches and decks which exceed 18 inches above finished grade plane may project 24 inches into the rear, side, and flanking street setbacks and five feet into the front yard setback.

3. Uncovered porches and decks not exceeding 18 inches above finished grade may project into required setbacks at the discretion of the Planning Official; provided, that the projection does not interfere with the flow of pedestrian traffic along the sidewalk and is not a threat to the health and safety of the public.

4. Building eaves shall not project into required side setbacks. (Ord. C-798 § 8, 2013)

17.37.070 Screening.

A. Whenever a mixed-use project abuts any residential property there shall be a five-foot minimum Type I landscape screen or a sight obscuring six-foot wall or fence, established and maintained along the property line, except within the required front yard setback walls and fences shall not exceed three and one-half feet.

1. The Planning Official may allow increased fence heights within the front yard setback; provided, that there is no increased risk to health and safety.

B. All storage must be completely screened from the view of surrounding properties. No outdoor storage shall be permitted.

C. All mechanical equipment shall be architecturally screened or enclosed to blend with the surrounding structures, as seen from public streets. Panels or other devices to collect solar energy are not subject to the provisions of this section. (Ord. C-798 § 9, 2013)

17.37.080 Landscaping.

A. Landscaping shall be provided as set forth in Chapter 17.22 AHMC, Landscaping.

B. All areas not used for pedestrian ingress and egress to a building and which are located between a parking area, public right-of-way (but not an alley), and the facade of a building must be landscaped.

C. Street Trees. Street trees shall be installed either on the sidewalk within grates, or bordering the sidewalk. The trees shall be spaced not more than 25 feet apart except when driveways prohibit this spacing.

1. If street trees are placed in grates on the sidewalk, ADA accessibility on the sidewalk shall be maintained.

D. The Planning Official is authorized to consider alternative design proposals given that the alternative design proposal fulfills the purpose and intent of Chapter 17.22 AHMC, Landscaping. The approval or denial of alternative design proposals is at the discretion of the Development Services Director, or designee. (Ord. C-798 § 10, 2013)

17.37.090 Lighting.

A. Lighting for parking areas and pedestrian ways shall be provided to ensure personal safety.

B. Lighting shall be integrated into the architectural character both in terms of illumination and fixtures.

C. Lighting shall not be permitted to trespass onto adjacent private parcels nor shall light sources (luminaries) be visible at the property line. All building lights shall be directed onto the building itself and/or the ground immediately adjacent to the building. The light emissions should not be visible above the roofline of the building.

D. All lighting shall comply with all local, state, and federal regulations with respect to the selection and regulation of light sources.

E. Special attention shall be made to ensure any proposed lighting does not conflict with Federal Aviation Agency (FAA) or Department of Defense (DOD) aviation regulations. (Ord. C-798 § 11, 2013)

17.37.100 Parking.

A. Off-street parking shall be provided.

B. The minimum number of parking spaces provided shall be as set forth in Chapter 17.21 AHMC, Table 1.

C. Off-street parking areas shall be landscaped as set forth in AHMC 17.22.100.

D. The maximum number of spaces provided shall be no more than 125 percent of applicable minimum requirement for sites 10 acres or less, and no more than 115 percent of the minimum for sites larger than 10 acres.

E. Off-street parking shall be located to the rear or side of a structure, not at street frontage.

F. On-street parking (if allowed) may be counted toward minimum required parking spaces when on-street parking directly fronts the site. Such parking shall be defined, marked spaces and not intrude into the lanes of travel.

G. Direct, continuous pedestrian connections must be provided between any on-street parking, remote parking, or public parking facilities and the uses being served.

H. The Hearing Examiner may authorize shared or joint use parking among uses which are likely to be visited with a single driving trip and that are adequately linked to their parking, provided an adequate legal agreement for the joint or shared parking usage is recorded for the duration of the arrangement.

1. If multiple parcels are to be used for joint or shared parking purposes then the owners of all parcels must sign the recorded agreement.

2. Multi-building mixed-use developments shall have centralized parking designed to accommodate the parking needs for all structures and uses.

3. The Hearing Examiner may authorize up to a 25 percent reduction in required parking spaces if parking is consolidated.

I. The Hearing Examiner may authorize up to a 25 percent reduction in required parking if transit service is available to the site at the time of project approval.

J. Bicycle parking shall be provided for each commercial structure located within any mixed-use development.

1. Bicycle parking shall not interfere with pedestrian passage, leaving a clear area of at least 36 inches between bicycles and other existing and potential obstructions.

2. Each building with commercial uses shall have an equivalent number of bicycle parking spaces equal to 20 percent of required motor-vehicle parking spaces, with a minimum of two bike spaces.

3. For buildings with multiple uses, bicycle parking standards shall be calculated at 20 percent of the total required motor vehicle parking, with a minimum of three bike spaces.

4. Providing sheltered spaces (under an eave, overhang, independent structure, secure lockers, or similar cover) is encouraged.

a. The Hearing Examiner may authorize the reduction of one and one-half motor vehicle parking spaces for each secure bicycle storage space/locker provided. (Ord. C-798 § 12, 2013)

17.37.110 Signage.

A. Off-premises billboards and inflatable signs exceeding one cubic foot are not allowed.

B. Cloth or banner type signage shall not be permitted except to advertise a promotional event and shall be removed at the end of the event or 30 days, whichever is sooner.

C. The provisions set forth above are in addition to the provisions of Chapter 17.23 AHMC, Signs. (Ord. C-798 § 13, 2013)

17.37.120 Mixed-use master plans.

The required components of mixed-use master plans are as follows:

A. Exterior site plan and written description of all existing physical features, including but not limited to structures, roads, infrastructure, landscaping, and natural features.

B. Exterior site plan and written description of all proposed uses and use types. Exterior site plan and written description of proposed physical features, including but not limited to structures, roads, publicly accessible areas, parking, infrastructure, landscaping, and natural features.

C. Interior site plan showing the uses within proposed and existing buildings.

D. Landscape and irrigation plan.

E. Written description of proposal’s consistency with the purpose statement and other applicable standards of this chapter.

F. Written description of the proposal’s compatibility with surrounding land uses.

G. Written parking plan describing how residential and nonresidential uses can provide sufficient and coordinated parking to avoid impacts to adjacent off-site properties or uses.

H. Certification of water and sewer availability and capacity for the project, as proposed and submitted, from the City of Spokane Water and Sewer Departments if located east of Hayford Rd. (Ord. C-798 § 14, 2013)

17.37.130 Review and approval process.

A. Predevelopment Conference. A predevelopment conference is required with the Planning Department in order to explain the approval process, identify potential issues and answer questions.

B. Technical Review. A proposal shall be reviewed by the Technical Review Committee prior to application submittal.

C. Design Flexibility. In order to allow for design flexibility, the following may be modified pursuant to the procedures and decision criteria:

1. The setback requirements in AHMC 17.37.060(A) may be modified upon a showing that the modified setback allows for increased pedestrian oriented space or amenities open to the public.

a. Additionally, a zero lot line shall be allowed for mixed-use projects upon a showing that any negative design implications to adjacent properties are mitigated. Zero lot line structures shall be constructed to meet the minimum requirements of the International Building Code, International Residential Code, International Fire Code, Uniform Plumbing Code, and the International Mechanical Code, as well as any other required local, state, or federal regulations.

2. The weather protection requirement in AHMC 17.37.050(E) may be modified upon a showing that weather protection is not appropriate for the particular development or street and/or that other design features are provided that create or will maintain a pedestrian oriented environment that is compatible with the surrounding developments and aesthetics.

3. The landscaping requirements in AHMC 17.37.080 may be modified upon a showing that alternative landscaping features would offer improved aesthetics and would provide at least the same level of public safety and aesthetic amenity.

D. Project Compliance Review. Project compliance review will take place at the time of application submittal. The project will be reviewed for compliance with this title and all other federal, state, and local laws which may be applicable.

1. A State Environmental Policy Act (SEPA) Environmental Checklist shall be required for all mixed-use projects.

2. Certification of water and sewer availability and capacity for the project, as proposed and submitted, from the City of Spokane Water and Sewer Departments if located east of Hayford Rd.

E. Hearing Examiner Public Hearing. The proposed mixed-use project shall go before the Hearing Examiner as a conditional use permit application. (Ord. C-798 § 15, 2013)

Appendix A Commercial Zoned Properties Potentially Available for CUP MF Residential Development.

(Ord. C-798 Appx. A, 2013)