Chapter 17.18 MIXED USE ZONING DISTRICTS

Chapter 17.18
MIXED USE ZONING DISTRICTS

Sections:

17.18.020 Permitted, conditional and prohibited uses.

17.18.030 Bulk, dimensional and density requirements.

17.18.010 Purposes.

A. Mixed Use Districts. The general purposes of the mixed use districts are as follows:

1. To foster a development pattern offering direct, convenient pedestrian, bicycle, and vehicular access between residences and businesses, in order to facilitate pedestrian and bicycle travel and reduce the number and length of automobile trips;

2. To encourage new development that supports the safe and efficient movement of goods and people;

3. To provide for a compatible horizontal and vertical mix of single-family, multifamily housing and neighborhood commercial businesses and services, with an emphasis on promoting multistory structures with commercial uses on the ground floor and multifamily housing on upper floors;

4. To promote a compact growth pattern to efficiently use the remaining developable land, and to enable the cost-effective extension of utilities, services, and streets; frequent transit service; and to help sustain neighborhood businesses;

5. To foster the development of mixed use areas that are arranged, scaled, and designed to be compatible with surrounding land uses and which provide sensitive transitions between significantly different land uses (e.g., commercial and residential uses);

6. To ensure that buildings and other development components are arranged, designed, and oriented to facilitate pedestrian access.

B. The purposes of the specific mixed use districts are as follows:

1. C-I/MU – Neighborhood Mixed Use Center. This district provides for a compatible mix of small scale commercial uses and medium density multifamily housing in multistory buildings. Within this district, commercial uses should be located mainly on the ground floor of multistory structures, with multifamily residential units above, at a density of up to 80 units per 40,000-square-foot area. Over time, this district should promote neighborhood identity, by providing a range of commercial retail and service opportunities within walking distance, reducing reliance upon the automobile. This district occurs in four locations in the city: the southwest corner of the intersection of 49th Street and Jackman; the Hastings and Howard Street intersection; the block on the southwest side of the T-intersection at Kearney Street and Blain Street; and the San Juan and F Street intersection.

2. C-II/MU – Community Mixed Use Center. While very similar to the neighborhood mixed use district, this district accommodates a broader range of commercial uses and upper floor multifamily residential units at a density of up to 100 units per 40,000 square foot area. The C-II/MU district occurs in areas that are closer to the city’s existing east/west commercial corridor (i.e., portions of both the east and west sides of Discovery Road, from 7th Street to 12th Street; and the east side of Kearney Street, from Franklin to Garfield Street). Like the C-I/MU district, the C-II/MU district is intended to promote more focused and transit or pedestrian-oriented development patterns. (Ord. 3323 § 1 (Exh. E), 2023; Ord. 3154 §§ 4(2) (Exh. D), 4(9) (Exh. K), 2016; Ord. 2571 § 2, 1997).

17.18.020 Permitted, conditional and prohibited uses.

A. Table 17.18.020 identifies land uses in the mixed use zoning districts that are permitted outright (P), subject to a conditional use permit (C), prohibited (X), or not applicable (N/A). However, notwithstanding the fact that a use may be permitted outright, additional permits may be required for certain projects. Uses not specifically identified within Table 17.18.020 are deemed to be contrary to the interests of the public health, safety and welfare of the citizens of Port Townsend and shall be prohibited.

B. Requirements for the uses identified in Table 17.18.020 which are contained within other provisions of this title are referenced under the heading “applicable regulations/ notes,” although this should not be construed as comprehensive listing of all provisions of this title which may apply to any given use. Specifically, the provisions of Chapter 17.72 PTMC, Off-Street Parking and Loading, and Chapter 17.76 PTMC, Signs, shall apply to all uses, even if not noted in Table 17.18.020.

C. Incidental uses which are identified in this title as prohibited or conditional uses within the applicable zoning district shall be considered conditional and processed in accordance with Chapter 20.01 PTMC subject to the approval criteria codified in Chapter 17.84 PTMC.

Table 17.18.020

Mixed Use Zoning Districts – Permitted, Conditional and Prohibited Uses
Key to table: P = Permitted outright; C = Subject to a conditional use permit; X = Prohibited; N/A = Not applicable
DISTRICT	C-I(MU)	C-II(MU)	APPLICABLE REGULATIONS/NOTES
RESIDENTIAL USES (Mixed with other permitted nonresidential uses)
Apartment houses	P	P	PTMC 17.18.030, Bulk, dimensional and density requirements; and Ch. 17.36 PTMC, Multifamily Residential Development Standards.
Attached single-family residences (i.e., duplexes, triplexes and fourplexes)	P	X	PTMC 17.18.030, Bulk, dimensional and density requirements.
Boarding houses (four or fewer roomers) and lodging and rooming houses (five or more roomers)	P	P	Same as above.
Detached single-family residences	X	X
Group homes for the disabled, attached (six or fewer residents)	P	X	“Group homes” are considered an “essential public facility” under RCW 36.70A.200; “...their siting cannot be precluded by development regulations...”; and PTMC 17.18.030, Bulk, dimensional and density requirements.
Multifamily dwellings	P	P	Same as above.
Residential treatment facilities including group homes for the disabled (seven or greater)	C	C	“Group homes” are considered an “essential public facility” under RCW 36.70A.200; “...their siting cannot be precluded by development regulations...”; and PTMC 17.18.030, Bulk, dimensional and density requirements.
Residences above commercial uses	P	P	The Port Townsend Comprehensive Plan identifies this as the preferred form of development within mixed use zoning districts.
Townhouses or rowhouses (zero lot lines)	P	P	PTMC 17.18.030, Bulk, dimensional and density requirements; and Ch. 17.36 PTMC, Multifamily Residential Development Standards.
OFFICE USES
Banks	P	P	PTMC 17.18.030, Bulk, dimensional and density requirements.
Business services	P	P	Same as above.
Financial institutions	X	P	Same as above.
Offices, business and professional	P	P	Same as above.
Offices, government	C	C	Same as above.
Offices, medical	P	P	Same as above.
Veterinary hospitals	C	C	Same as above.
COMMERCIAL USES
Adult entertainment facilities	X	X
Amusement devices, up to five	P	P	Same as above.
Amusement parks or centers	X	C	Same as above.
Antique and gift sales	X	P	Same as above.
Apparel and accessory stores	X	P	Same as above.
Arcade, amusement	X	P	Same as above.
Art galleries	X	P	Same as above.
Building materials, garden and farm supplies stores	X	P	PTMC 17.18.030, Bulk, dimensional and density requirements; and Ch. 17.36 PTMC, Multifamily Residential Development Standards.
Convenience stores	X	C	Same as above.
Confectioneries	P	P	Same as above.
Custom art and craft work	P	P	Same as above.
Education and music studio	X	P	Same as above.
Food stores and grocery stores	P	P	Same as above.
Formula retail establishments (including formula restaurants)	X	X	See Chapter 17.54 PTMC for applicable regulations and definitions.
General merchandise stores	P	P	Same as above.
Marijuana, retail sales	C	C	PTMC 17.18.030, Bulk, dimensional and density requirements. Must also demonstrate compliance with the standards found in the definition set forth in Chapter 17.08 PTMC.
Medical marijuana, commercial collective garden	P	P	PTMC 17.18.030, Bulk, dimensional and density requirements. Must also demonstrate compliance with the standards found in the definition set forth in Chapter 17.08 PTMC.
Microbreweries	C	C	PTMC 17.18.030, Bulk, dimensional and density requirements. The manufacturing component within any microbrewery located within a mixed use zoning district must be subordinate and accessory to a primary retail use.
Office supplies and equipment	X	P	PTMC 17.18.030, Bulk, dimensional and density requirements.
Other food services	X	P	Same as above.
Pharmacies and medical supply stores	P	P	Same as above.
Restaurants (excluding those with drive-in or drive-through service)	P	P	Same as above.
Specialty stores	P	P	Same as above.
COMMERCIAL SERVICE USES
Catering establishments	X	P	Same as above.
Kitchen, commercial	P	P	Such facilities may be permitted on the ground floor only if any associated primary street frontage meets the definition of “pedestrian-oriented business.”
Massage clinic or center	X	P	PTMC 17.18.030, Bulk, dimensional and density requirements.
Health clubs, dance studios, martial arts studios	P	P	Same as above.
Laundromats and laundry services	P	P	Same as above.
Personal services	P	P	Same as above.
Printing, commercial	P	P	Same as above.
Servicing of personal apparel and equipment	P	P	Same as above.
Small appliance repair	X	P	Same as above.
ACCESSORY USES
Accessory buildings and accessory structures	P	P	Same as above.
Battery charging station	P	P	Same as above.
Rapid charging stations	P	P	Same as above.
TEMPORARY USES
Christmas tree sales	P	P	Ch. 17.60 PTMC, Temporary Uses.
Contractor offices and model homes	P	P	Same as above.
Outdoor art and craft shows	P	P	Same as above.
Retail or service activities conducted out of temporary structures and/or trailers	P	P	Same as above.
Rummage or other outdoor sales	P	P	Same as above.
Sidewalk and parking lot sales	P	P	Same as above.
Yard or garage sales	P	P	Same as above.
OTHER USES
Bowling alleys	X	P	Same as above.
Child day care centers and stand alone preschools	P	P	Ch. 17.52 PTMC, Child Care Facilities; and PTMC 17.18.030, Bulk, dimensional and density requirements.
Churches	X	X
Community clubhouses	P	P	PTMC 17.18.030, Bulk, dimensional and density requirements.
Family home child care and in-home preschools	P	P	Ch. 17.52 PTMC, Child Care Facilities; and PTMC 17.18.030, Bulk, dimensional and density requirements.
Home occupations	P	P	Ch. 17.56 PTMC, Home Occupations.
Personal wireless service facilities	N/A	N/A	Refer to Ch. 17.78 PTMC, Personal Wireless Service Facilities, for list of permitted, conditional and prohibited uses and other substantive requirements
Public facilities	C	C	PTMC 17.18.030, Bulk, dimensional and density requirements.
Radio and television towers	C	C	Such facilities are allowed in all zoning districts subject to PTMC 17.18.030, Bulk, dimensional and density requirements, and the conditional use permit requirements of Chapter 17.84 PTMC; however, such facilities are prohibited within the limits of the Port Townsend National Register Historic District, except as provided in applicable Federal Communications Commission rules and regulations.
Satellite dishes, noncommercial, and antennas	P	P	Satellite dishes and antennas shall meet the requirements of PTMC 17.18.030, Bulk, dimensional and density requirements, except as provided in applicable Federal Communications Commission rules and regulations.
Schools	C	C	Chapter 18.20 PTMC, Binding Site Plans; and PTMC 17.18.030, Bulk, dimensional and density requirements.
Sheltered transit stops	P	P	Sheltered transit stops may be required as a condition of development approval for projects which exceed the SEPA categorical exemption thresholds of WAC 197-11-305.

(Ord. 3154 § 4(2) (Exh. D), 2016; amended by council motion, 9/2/14; Ord. 3112 § 1 (Exh. C), 2014; Ord. 2977 § 1, 2008; Ord. 2916 § 5, 2006; Ord. 2912 § 2, 2005; Ord. 2825 § 4, 2003; Ord. 2700 §§ 12, 13, 1999; Ord. 2670 §§ 3.3, 3.4, 1998; Ord. 2571 § 2, 1997).

17.18.030 Bulk, dimensional and density requirements.

A. The standards contained in Table 17.18.030 apply to all mixed use zoning districts, and shall be determined to be minimum requirements, unless stated as maximum by this title.

B. Application of Minimum Commercial Space and Clear Ceiling Height Requirements. All structures located within the C-I(MU) zoning district shall comply with the minimum commercial space requirements of Table 17.18.030. However, in order to allow a horizontal as well as a vertical mixture of commercial and residential uses, only those structures or portions of structures constructed to satisfy the minimum commercial building requirements of Table 17.18.030 shall comply with the minimum clear ceiling height requirements set forth in the table. Commercial space may be initially used as residential space but must meet commercial design requirements that would allow conversion back to commercial use.

C. Open Space Requirement. Projects located within one-quarter mile, street distance, from any P/OS or P/OS(B) zoning district shall be exempt from the minimum open space requirements established in Table 17.18.030. Additionally, the open space requirements in Table 17.18.030 may take the form of urban open space, as defined in Chapter 17.08 PTMC.

D. Setbacks and Minimum Yard Requirements. Notwithstanding any other ordinance or provision of this title, all setbacks (yard requirements) shall be measured from the lot line to the building line, as defined in Chapter 17.08 PTMC; provided, however, that the roof or eaves of a roof of a building may extend beyond the building line a maximum distance of two feet into the applicable minimum yard area.

E. Construction and Permits. From and after the effective date of the ordinance codified in this section, no building permit shall be issued and no building shall be constructed on any tract, lot or site in the city unless the building is situated on such tract, lot or site in conformance with the requirements of this title and any other applicable provision of law.

Table 17.18.030

Mixed Use Zoning Districts – Bulk, Dimensional and Density Requirements
DISTRICT	C-I/MU	C-II/MU
MINIMUM LOT SIZE	5,000 sf	5,000 sf
MINIMUM FRONT YARD SETBACKS	No Requirement	None
MAXIMUM FRONT YARD SETBACKS	No Requirement	None
MINIMUM REAR YARD SETBACKS	No requirement except: 20 feet if abutting an R-I or R-II zoning district; 5 feet if abutting an R-III or R-IV zoning district	None except: 20 feet if abutting an R-I or R-II zoning district; 5 feet if abutting an R-III or R-IV zoning district
MINIMUM SIDE YARD SETBACKS	No requirement except: 10 feet if abutting an R-I or R-II zoning district; 5 feet if abutting an R-III or R-IV zoning district	None except: 10 feet if abutting an R-I or R-II zoning district; 5 feet if abutting an R-III or R-IV zoning district
MINIMUM NUMBER OF STORIES (in any principal building)	2	2
MAXIMUM BUILDING HEIGHT	60 feet and as specified by PTMC 17.46.080	72 feet except: 40 feet if the development has no residential use component and as specified by PTMC 17.46.080
MINIMUM COMMERCIAL AREA REQUIREMENT	25% of the lot area	25% of the lot area
MAXIMUM FLOOR AREA RATIO	3 sf of gross floor area per 1 sf of lot	All-commercial developments (i.e., no residential component): 0.25 sf of gross floor area per 1 sf of lot area. Mixed-commercial/residential developments: None
MINIMUM CLEAR CEILING HEIGHT	12 feet if structure is 2 or more stories	12 feet if structure is 2 or more stories
MAXIMUM AMOUNT OF ANY INDIVIDUAL LEASABLE COMMERCIAL SPACE*	5,000 sf	None
MAXIMUM AMOUNT OF COMMERCIAL FLOOR SPACE (in any one structure)	30,000 sf	60,000 sf
MAXIMUM HOUSING DENSITY (units per 40,000 square foot area)	80	100
MINIMUM AVERAGE HOUSING DENSITY (units per 40,000 square foot area)	No requirement; provided, that second story is constructed to meet Energy Code for residential occupancy	None
MINIMUM OPEN SPACE AND TREE CONSERVATION	Minimum open space shall not be less than 10% of total gross floor area; preservation of existing trees, and/or, new trees shall be provided consistent with Chapter 19.06 PTMC, Article III, Standards for Tree Conservation	Minimum open space shall not be less than 10% of total gross floor area; preservation of existing trees, and/or, new trees shall be provided consistent with Chapter 19.06 PTMC, Article III, Standards for Tree Conservation

*Excluding storage areas which are incidental and subordinate to the commercial use.

(Ord. 3323 § 1 (Exhs. F, G), 2023; Ord. 3241 § 1 (Exh. C), 2019; Ord. 3154 § 4(2) (Exh. D), 2016; Ord. 2982 § 3, 2008; Ord. 2920 § 15, 2005; Ord. 2837 § 2(Exh. B § 11), 2003; Ord. 2716 § 4.4, 1999; Ord. 2700 § 14, 1999; Ord. 2670 §§ 3.5, 3.6, 1998; Ord. 2571 § 2, 1997).