Chapter 17.122
MIXED USE DISTRICTS (MU-R, MU-E)

Sections:

17.122.010    Purpose.

17.122.020    Permitted uses.

17.122.030    Dimensional requirements.

17.122.050    Mixed use development requirements.

17.122.060    Mixed use—Design standards.

17.122.070    Master planning.

17.122.010 Purpose.

A.    Mixed Use Residential (MU-R). The mixed use residential district is intended to provide for a mix of complementary designed and located residential uses, including single-family and multifamily uses, attached and detached, condominiums and special living facilities, with the opportunity for retail and services as subservient uses on a project and district level (less than twenty-five percent of total development). The district should strive to achieve project sites designed for pedestrian, bicycle and vehicle access and circulation and connections to the adjacent land uses. It should also create public focal points and activity centers and provide a sense of community for the occupants and the neighborhood.

B.    Mixed Use Employment (MU-E). The mixed use employment district is intended to provide a mix of mutually supporting business and professional services, research, business, and corporate offices, retail and services, with the opportunity for residential as a subservient use on a project and district level (less than twenty-five percent of the total development). (Ord. 17-06 § 4 (part), 2017: Ord. 04-024 § 20 (part), 2004)

17.122.020 Permitted uses.

The following list includes the uses that are permitted, conditional, or prohibited in the mixed use zones. “P” means permitted outright, “C” means permitted via a conditional use permit, “X” means prohibited.

Table 17.122.020-1
Use	MU-R	MU-E
RESIDENTIAL
1. Accessory apartments, subject to BGMC 17.135.010
a. Attached	P	P
b. Detached	P	P
2. Apartments and condominiums (condominiums subject to BGMC 17.135.110)	P	P
3. Accessory uses and structures normally incidental to one or more permitted principal uses	P	P
4. Cooperative (marijuana)	X	X
5. Family child care home as regulated by RCW 35.63.185 and with conformity demonstrated through the city’s business license program	P	P
6. Guest houses, but not including accessory apartments	P	X
7. Home occupations, defined in BGMC 17.103.360 and subject to the supplementary regulations of BGMC 17.135.090	P	P
8. Mobile home parks subject to BGMC 17.135.100	X	X
9. Manufactured home parks, subject to BGMC 17.135.100	X	X
10. Manufactured homes on individual lots	X	X
11. Residences for a caretaker or night watchman	P	P
12. Residential, institutionalized, such as personal-care homes, adult family homes, nursing homes, convalescent homes, group homes, continuing care retirement facilities and similar uses
a. < 5 residents	P	P
b. 5—10 residents	P	P
c. > 10 residents	C	P
13. Single-family detached buildings	P	X
14. Single-family detached buildings, existing	P	P
15. Single-family attached dwellings (townhouses)	P	P
16. Two-family dwellings (duplexes)	P	P
17. Recreational facilities of a noncommercial nature, including parks, playfields and golf courses	P	P
18. Acid manufacture	X	X
19. Art galleries, libraries and museums	P	P
20. Asphalt plants	X	X
21. Auditoriums and civic centers	C	C
22. Automobile, boat, truck, tractor, motorcycle, recreational vehicle, manufactured home and other vehicle sales, service, rental and leasing, new and/or used	X	X
23. Bulk gasoline storage and fuel oil distributors	X	X
24. Bed and breakfast (as per BGMC 17.135.030)	P	P
25. Boarding and rooming houses	X	X
26. Business services operated in conjunction with one or more permitted uses	P	P
27. Cold storage plants, frozen food lockers and ice manufacture	X	P
28. Child day care centers	P	P
29. Colleges and universities	X	P
30. Churches, temples, synagogues and places of worship, including cemeteries and customary accessory buildings and uses, subject to BGMC 17.135.050	C	C
31. Clubs, lodges, fraternal institutions and other places of assembly for membership groups	C	C
32. Commercial recreation facilities, enclosed only	P	P
33. Commercial recreation facilities, unenclosed	X	C
34. Conical burners and incinerators, including biomedical waste	X	X
35. Contractor’s establishments	X	X
36. Distribution facilities	X	P
37. Dog day care subject to BGMC 17.135.075	X	P
38. Dry-cleaning plants	X	X
39. Explosives manufacture and storage	X	X
40. Exterminators and pest control businesses	X	P
41. Fertilizer manufacture	X	X
42. Golf courses and country clubs	P	C
43. Hospital, health and medical clinics	P	P
44. Kennels	X	X
45. Landfills	X	X
46. Lumber yards, planing and saw mills	X	X
47. Machine shops	X	P
48. Manufacturing, fabrication, assembling and packaging activities, including accessory storage, for the following products and/or materials: cloth, fiber, fur and hair; electrical and communication equipment; cosmetics, drugs and pharmaceuticals; food, beverage, dairy and tobacco products; and medical, dental, optical precision and surgical instruments and equipment	X	P
49. Marijuana production, processing and research facilities	X	X
50. Marijuana retail, subject to BGMC 17.135.105	X	X
51. Manufacturing, fabrication, assembling, processing, canning, packaging, compounding, storage and treatment activities for the following activities and/or materials: brick, concrete, cement, clay, mortar, plaster and tile; chemicals and floor coverings; extraction or removal of sand, gravel, topsoil, clay, dirt, precious metals, gems or other natural resources; and paper	X	C
52. Offices	P	P
53. Paper and pulp mills	X	X
54. Parking garages and parking lots	X	P
55. Parks, playgrounds	P	P
56. Personal service establishments	P	P
57. Printing, publishing, bookbinding and blueprinting establishments	P	P
58. Preschools	P	P
59. Public and semipublic buildings, structures and uses	P	P
60. Radio and television studios	X	P
61. Radio, television and cellular phone towers and antennas	X	C
62. Recycling plants, including any processing facilities	X	X
63. Research and scientific laboratories	X	P
64. Lounges and taverns	P	P
65. Restaurants	P 1	P
66. Retail trade establishments, enclosed less than 5,000 sq. ft. in floor area	P	P
67. Retail trade establishments, enclosed from 5,001 sq. ft. to 25,000 sq. ft. in floor area	C	P
68. Retail trade establishments, enclosed from 25,001 sq. ft. to 50,000 sq. ft. in floor area	X	P
69. Retail trade gasoline sales, enclosed or unenclosed	X	P
70. Rubber manufacture	X	X
71. Schools, public, parochial, private, vocational, technical, business and others, nonprofit or operated for profit	P	P
72. Services, automotive, including gasoline sales	X	P
73. Services, business, health, miscellaneous and personal	P	P
74. Services, lodging	C	P
75. Storage buildings and storage yards, for nonhazardous raw materials and finished products	X	P
76. Tire retreading and recapping	X	X
77. Transportation, communication and utility facilities, not otherwise specifically permitted	C	P
78. Utilities and communication facilities, such as telephone exchanges, electric substations and public television stations	P	P
79. Warehouses, wholesale and storage establishments, mail order houses and distribution facilities occupying no more than 50,000 square feet of enclosed gross floor area	X	P
80. Welding shops	X	P
81. Wholesale distribution and warehousing facilities, including mail order houses, occupying more than 50,000 square feet	X	P
82. Small scale food and beverage manufacture such as bakeries and microbreweries where the primary outlet for the goods is an on-site retail outlet	P	P
83. Wineries, breweries and distilleries	X	P

1    Formula take-out food restaurants may not occupy more than fifty percent of any building within the mixed use residential zone. Only one formula take-out restaurant is permitted in any building.

(Ord. 17-06 § 4 (part), 2017: Ord. 16-15 § 5, 2016: Ord. 16-02 § 4, 2016: Ord. 04-024 § 20 (part), 2004)

17.122.030 Dimensional requirements.

Dimensional requirements within the mixed use residential and mixed use employment districts shall be in accordance with Table 17.122.030-1.

Table 17.122.030-1
		MU-R		MU-E
		Residential use	Commercial use	Residential use	Commercial use
Minimum lot area		2,000	3,000	2,000	6,000
Maximum residential density 1		22	N/A	22	N/A
Minimum lot frontage		16	50	16	50
Minimum residential density		10	N/A	N/A	N/A
Setbacks	Front yard 2, 3	10' minimum 20' maximum	0' minimum 10' maximum 3	10' minimum 20' maximum	0' minimum 10' maximum
	Garage door	20'		20'
	Side yard	5	0	5	0
	Street side yard	10'	0' minimum 10' maximum	10'	0' minimum 10' maximum
	Rear yard	10'	10'	10'	10'
Maximum lot coverage		70%	Note 5	70%	Note 5
Maximum height 4		45	45	65	65

1.    The number of units per gross acre is calculated by averaging the densities of all of the various types of housing provided within the development.

2.    For commercial developments within the mixed use residential district, the front yard landscaping strip shall be zero feet in those instances where the building is built at the right-of-way line.

3.    Commercial structure facades shall extend to the right-of-way along at least seventy-five percent of the lot line; or commercial structure facades shall extend to within ten feet of the lot line for seventy-five percent of the lot line and the space between the building and the lot line shall be designed as an extension of the sidewalk and committed to active uses such as sidewalk cafes, vendors stands, or developed as “stopping places.”

4.    Building front facade height, as measured from the street grade, shall be no less than eighteen feet in height.

5.    Maximum lot coverage shall be determined by compliance with screening and buffering standards contained in Chapter 17.131 BGMC, the parking and loading standards contained in Chapter 17.133 BGMC, the stormwater control ordinance contained in Chapter 18.250 BGMC and all other applicable standards.

6.    Refer to Table 17.131-1 for landscaping requirements.

(Ord. 17-06 § 4 (part), 2017: Ord. 04-024 § 20 (part), 2004)

17.122.050 Mixed use development requirements.

A.    Mixed Use Residential.

1.    The intent of the mixed use residential district is to provide a mix of residential and commercial uses within one project and throughout the district. To accomplish this while providing flexibility of design, two development options are offered:

a.    Full Residential Development (One Hundred Percent). The proposed development site shall be allowed to develop at one hundred percent residential; however, a provision shall be made, in compliance with this chapter, to transfer the commercial development rights to another location within the mixed use residential district. This shall be done through the master planning process as outlined below in this section;

b.    Residential Development (One Hundred Percent)—Commercial Provision. The proposed development shall provide for both residential uses and commercial use(s). The commercial portion of the development may occupy up to a maximum of twenty-five percent of the project site or floor area. When twenty-five percent of the site is dedicated for commercial use, the residential component of the project is allowed to be built out at a density equivalent to one hundred percent of the gross site.

B.    Mixed Use Employment. A mix of uses is not required within the mixed use employment district. Residential uses are permitted on up to twenty-five percent of the site area. (Ord. 17-06 § 4 (part), 2017: Ord. 04-024 § 20 (part), 2004)

17.122.060 Mixed use—Design standards.

A.    The design standards of Chapter 17.106 BGMC, Residential Districts, shall apply to all proposed residential development within the mixed use districts, unless otherwise specified by this chapter.

B.    The design standards of the commercial zoning district, BGMC 17.118.040, Design standards, shall apply to all proposed commercial development within the mixed use zoning districts, unless otherwise specified by this chapter.

C.    The following design standards supplement those found above in subsections A and B of this section, and shall apply to all development proposed within the mixed use residential and the mixed use employment districts.

1.    Commercial areas should be placed within walking distance (one-quarter mile) of residences;

2.    Commercial buildings and uses should be located at the corner of the intersection of two public streets;

3.    Pedestrian-scale elements such as canopies, awnings, porches, building overhangs and arcades, and outdoor seating are required along pedestrian-oriented streets;

4.    All primary building pedestrian entrances and storefront windows shall face onto the primary street serving the site. If the site has multiple street frontages, the more pedestrian-oriented street shall take precedence;

5.    The design character of an individual building should be compatible (share similar features such as color, scale, massing and height) with its neighbors but may also include other features or characteristics that are different;

6.    Parking. The parking requirements shall be determined for mixed use developments by combining the requirements of the residential and the commercial uses, as established in Chapter 17.133 BGMC, Table 17.133-1. Off-street parking shall be located to the side or rear of the building(s);

7.    Landscaping. The requirements of Chapter 17.131 BGMC, Aesthetics, Buffers, Compatibility and Landscaping Standards, shall apply to all proposed development within the mixed use districts;

8.    Drive-up, -in or -through facilities are not permitted. (Ord. 17-06 § 4 (part), 2017: Ord. 04-024 § 20 (part), 2004)

17.122.070 Master planning.

A.    Purpose. The purpose of the master plan is to facilitate the creation of vibrant, pedestrian-friendly, accessible neighborhood commercial areas. Its purpose is also to describe the land use parameters and relationships to guide future site development. The master plan shall, in a general manner, define the site layout by showing development areas by type of use, circulation patterns, site access, and open space areas and buffers. The master plan shall also illustrate the relationship between the site and adjoining properties.

B.    Applicability. The provisions of this section, Master planning, shall be applicable to developments proposed under BGMC 17.122.050(A)(1)(a).

C.    Procedures. A master plan shall be processed as a Type III land use action, pursuant to Chapter 17.200 BGMC. The approval of a master plan shall have the effect of a general guide for future development within the property. The review of an individual phase or of the entire development as well as the review of any revision or change shall be in accordance with the review process described in Chapter 17.200 BGMC.

D.    Review Standards.

1.    The proposed development shall be consistent with applicable provisions of the development code.

2.    The off-site commercial development shall be located in such a manner to be consistent with the purpose statement and development regulations for the mixed use residential district. The city shall consider the following in the review of the off-site commercial proposals:

a.    The commercial uses’s compatibility with surrounding uses, especially related to:

i.    Site access, on-site circulation and off-street parking;

ii.    Architectural design of buildings and harmonious use of materials;

iii.    Landscaping and buffering of buildings, parking, loading and storage use;

iv.    Light and shadow impacts;

v.    Generation of noise and irritants such as noise, smoke, dust, odor, glare, vibration or other undesirable impacts;

vi.    Number, size and location of signs;

b.    The characteristics of the subject property;

c.    The characteristics of the proposed use(s);

d.    The arrangement of buildings and open spaces as they relate to each other within the development site or development area;

e.    Visual impact of the proposal on the surrounding area;

f.    Public improvements proposed in connection with the use;

g.    The public benefit by the proposed use.

3.    All property identified in the master plan shall be developed in a manner consistent with the provisions of the master plan.

4.    The applicant has the option of submitting a master plan concurrently with a specific site design. Other necessary applications, such as subdivision, binding site plan or site plan review may also be submitted concurrently. If submitted concurrently, the city shall review the applications concurrently. However, no site design or other approval shall be granted until such time as the master plan is approved. (Ord. 17-06 § 4 (part), 2017: Ord. 04-024 § 20 (part), 2004)