Chapter 18.37
DOWNTOWN MIXED USE DISTRICT (DM)

Sections:

18.37.010    General intent.

18.37.020    Permitted uses.

18.37.030    Conditional uses.

18.37.040    Setback and bulk regulations.

18.37.050    Off-street parking and loading requirements.

18.37.060    Repealed.

*Code reviser’s note: Ordinance 1155 adds the provisions of this chapter as Chapter 18.40. The chapter has been editorially renumbered to prevent duplication of numbering.

18.37.010 General intent.

The intent of this zone is to implement the mixed use portion of the downtown center plan. The intended land uses are a mix of high-density dwelling units, offices, cultural activities, and retail sales and services, with protections against retail sales and services becoming dominant. Mixing of uses on the same site is encouraged. This zone is also intended to provide a degree of buffering between downtown and the surrounding single-family residential neighborhoods. (Ord. 1524 § 9, 2015; Ord. 1250 § 7, 2007; Ord. 1155 § 2, 2005).

18.37.020 Permitted uses.

A. The following uses shall be allowed outright in all cases:

1. Medical offices, professional offices, corporate offices, Internet service providers;

2. Dance studios, fitness centers, musical instruction, vocational schools;

3. Art galleries, photography studios, museums;

4. Apartments, condominiums, and townhouses at any density;

5. Family day care homes;

6. Home occupations, provided the provisions of BLMC 18.22.010 are met;

7. Medical-dental clinics;

8. Religious institutions;

9. Schools, colleges and universities or extension classrooms;

10. Social service organizations;

11. Veterinary clinics with no outdoor kennel space.

B. The following shall be allowed only if they occupy 50 percent or less of the development site’s gross building floor area: Any use other than those cited in subsection A of this section, which is permitted in the downtown core district on the ground floor. (Ord. 1364 § 2, 2010; Ord. 1250 § 7, 2007; Ord. 1155 § 2, 2005).

18.37.030 Conditional uses.

Any use other than those cited in BLMC 18.37.020(A) and (B), which is permitted in the downtown core district, irrespective of which floor the use is on, shall be a conditional use; provided, that the following conditional use permit criteria must be met in addition to the standard conditional use permit criteria given in BLMC 18.52.020:

A. The proposed use shall not cause retail sales and services to predominate over offices and dwelling units in the immediate vicinity.

B. The proposal shall help implement the downtown plan which forms a part of the comprehensive plan. (Ord. 1250 § 7, 2007; Ord. 1155 § 2, 2005).

18.37.040 Setback and bulk regulations.

A. Structures shall be set back at least 20 feet from any single-family residential zone. Exception: Buildings taller than 35 feet shall increase the setback by one foot from any single-family residential zone for every one foot of building height increase over 35 feet, up to a maximum setback of 60 feet. For example, a proposed building of 50 feet in the DC zone shall be set back at least 35 feet from any single-family zone (20 feet plus 15 extra feet for the height increase over 35 feet).

B. The maximum height of buildings shall be 50 feet. Exceptions: The director(s) may approve buildings up to seven stories in height provided the following criteria are met:

1. The fire marshal approves.

2. More than 80 percent of the required parking is provided within the structure. For seven-story structures at least one floor of parking must be partially below grade.

3. Buildings must comply with the design standards plus include one of the following features that effectively reduce the scale of the building and add visual interest:

a. Step back the facade of one or more of the upper floors by at least 10 feet.

b. Other building modulation technique or use of a curved facade that meets the intent of the standard per the director(s).

C. All new buildings featuring nonresidential uses on the ground floor shall provide a minimum 13-foot floor-to-ceiling height on the applicable nonresidential ground floor area. All new residential buildings fronting on a public street are encouraged to provide 13-foot floor-to-ceiling heights in order to maintain the opportunity for the future conversion to commercial use.

D. Driveways shall be oriented to protect single-family residential areas from commercial traffic. (Ord. 1250 § 7, 2007; Ord. 1155 § 2, 2005).

18.37.050 Off-street parking and loading requirements.

A. Where so indicated in the downtown plan which forms a part of the comprehensive plan, parking shall be to the rear or side of buildings.

B. For off-street parking and loading requirements, see BLMC 18.22.100 (Off-street parking and loading requirements) and Chapter 18.31 BLMC, Commercial Development Standards. (Ord. 1250 § 7, 2007; Ord. 1155 § 2, 2005).

18.37.060 Design in conformance with community character element.

Repealed by Ord. 1250. (Ord. 1155 § 2, 2005).