Chapter 18.20
MU MIXED USE ZONE DISTRICT

Sections:

18.20.010    Intent.

18.20.020    Definitions.

18.20.030    Permitted uses.

18.20.040    Accessory uses.

18.20.050    Conditional uses.

18.20.060    Development standards.

18.20.010 Intent.

It is the intent of the mixed use (MU) zone that there be a mixture of land uses in close proximity. Mixed use can include: development of a parcel or structure with one or more different land uses, such as combination of residential, office, retail, public, or entertainment in a single or physically integrated group of structures.

The mixed use zone provides an opportunity to develop areas in Tumwater that are transit oriented and pedestrian-friendly while still accommodating automobiles, and provide affordable housing and quality community design.

Over time, areas in this zoning district are intended to gradually change from strip commercial development and other low-intensity or nonpedestrian oriented uses into a mixed use, pedestrian, auto and transit oriented corridor.

Mixed use is desirable in these areas in order to:

A.    Create vibrant places and increase pedestrian business activity.

B.    Increase security.

C.    Promote full time use of facilities.

D.    Encourage a variety of businesses which offer retail goods or consumer services that appeal to pedestrians and/or serve the needs of the surrounding neighborhood.

E.    Create a transit/pedestrian orientation which lessens traffic impacts by providing ready access to transit facilities and provides places to work and shop adjacent to living spaces, thus lessening the need to drive.

F.    Provide affordable housing by providing more available building lots at a lower cost.

G.    Create a pedestrian-friendly environment with well designed streets and public open spaces.

H.    Provide a sense of community and place with quality community design.

(Ord. O96-022, Amended, 12/17/1996; Ord. O95-035, Added, 12/19/1995)

18.20.020 Definitions.

“Mixed use development” means the development of a parcel or structure with one or more different land uses, such as a combination of residential, office, retail, public, or entertainment in a single or physically integrated group of structures. Mixed use is characterized by:

A.    Complementary land uses – land uses that are at least compatible and, preferably, work together for mutual benefit (e.g., personal commercial services that serve adjacent residences); and

B.    Convenient pedestrian connections.

(Ord. O96-022, Amended, 12/17/1996; Ord. O95-035, Added, 12/19/1995)

18.20.030 Permitted uses.

Uses permitted in the mixed use district are as follows:

A.    Professional services;

B.    Retail sales;

C.    General offices;

D.    Support facilities;

E.    Parks, open space areas and recreational facilities;

F.    Restaurants;*

G.    Restaurants (without drive-through windows);**

H.    Post offices;

I.    Motels, hotels;

J.    Planned unit development (PUD) (see TMC Chapter 18.36);

K.    Medical clinics;

L.    Child day care center; child mini-day care center;

M.    Adult family homes, residential care facilities;

N.    Group foster homes;

O.    Private clubs and lodges;

P.    Family child care home;

Q.    All residential uses, provided the minimum density standards in TMC 18.20.060 are met;

R.    Personal services;

S.    Used motor oil recycling collection point;

T.    Nurseries, retail;

U.    Museum, library, art gallery;

V.    All uses not permitted which were legally established prior to January 1, 1996, except where there is a cessation of the use for three or more years;

W.    Civic center complex;

X.    Centers for senior citizens, youth, general community and similar groups;

Y.    Entertainment facilities;

Z.    Attached wireless communication facilities, except that it is prohibited to attach a nonaccessory wireless communication antenna on a single-family or two-family dwelling;***

AA.    Senior housing facilities;

BB.    Electric vehicle infrastructure;

CC.    Community gardens;

DD.    Farmers markets;

EE.    Animal clinics or hospitals;

FF.    Churches;

GG.    Civic center complex;

HH.    Convalescent centers, rest homes, nursing homes;

II.    Taverns, cocktail lounges;

JJ.    Temporary expansions of schools, such as portable classrooms.

*Restaurants are a permitted use for all parcels in the mixed use (MU) zone district in the city, except for those parcels in the mixed use (MU) zone district located on the north side of Israel Road SW between Littlerock Road SW and Tyee Drive SW. In that location, restaurants without drive-through windows are allowed, but restaurants with drive-through windows are prohibited.

**Restaurants (without drive-through windows) are a permitted use for those parcels in the mixed use (MU) zone district located on the north side of Israel Road SW between Littlerock Road SW and Tyee Drive SW.

***Wireless communication facilities are subject to Federal Aviation Administration (FAA) standards and approval, and furthermore are subject to provisions for wireless communication facilities in TMC Chapter 11.20, Wireless Communication Facilities.

(Ord. O2018-025, Amended, 12/18/2018; Ord. O2017-024, Amended, 01/16/2018; Ord. O2017-006, Amended, 07/18/2017; Ord. O2010-029, Amended, 06/07/2011; Ord. O2010-015, Amended, 09/07/2010; Ord. O2000-004, Amended, 07/18/2000; Ord. O97-019, Amended, 06/17/1997; Ord. O96-022, Amended, 12/17/1996; Ord. O95-035, Added, 12/19/1995)

18.20.040 Accessory uses.

Accessory uses in the mixed use district are as follows:

A.    On-site hazardous waste treatment and storage facilities;

B.    Cocktail lounges as an accessory use to restaurants;

C.    All uses customarily accessory to permitted uses;

D.    Home occupation, as approved by director of community development;

E.    Accessory wireless communication antenna.*

*Emergency communication towers and antennas, wireless communication facilities, and building heights greater than fifty feet are subject to Federal Aviation Administration (FAA) standards and approval if they apply, and furthermore emergency communication towers and antennas and wireless communication facilities are also subject to provisions for wireless communication facilities in TMC Chapter 11.20, Wireless Communication Facilities.

(Ord. O2018-025, Amended, 12/18/2018; Ord. O2011-002, Amended, 03/01/2011; Ord. O97-019, Amended, 06/17/1997; Ord. O96-022, Amended, 12/17/1996; Ord. O95-035, Added, 12/19/1995)

18.20.050 Conditional uses.

Conditional uses in the mixed use district are as follows:

A.    Schools;

B.    The following essential public facilities:

1.    Emergency communication towers and antennas,**

2.    State education facilities,

3.    Mental health facilities (including but not limited to: congregate care facilities; adult residential treatment facilities; evaluation and treatment centers),

4.    Inpatient facilities including substance abuse facilities (including but not limited to: intensive inpatient facilities; long-term residential drug treatment facilities; recovery house facilities);

C.    Parking lots as separate, primary uses, including park and ride lots;

D.    Parking structures;

E.    Automobile service stations;*

F.    Wireless communication towers.**

*Automobile service stations are a conditional use for all parcels in the mixed use (MU) zone district in the city, except for those parcels in the mixed use (MU) zone district located on the north side of Israel Road SW between Littlerock Road SW and Tyee Drive SW where the use is prohibited.

**Emergency communication towers and antennas and wireless communication facilities are subject to Federal Aviation Administration (FAA) standards and approval if they apply, and furthermore emergency communication towers and antennas and wireless communication facilities are subject to provisions for wireless communication facilities in TMC Chapter 11.20, Wireless Communication Facilities.

(Ord. O2018-025, Amended, 12/18/2018; Ord. O2017-024, Amended, 01/16/2018; Ord. O2017-006, Amended, 07/18/2017; Ord. O97-019, Amended, 06/17/1997; Ord. O96-022, Amended, 12/17/1996; Ord. O95-035, Added, 12/19/1995)

18.20.060 Development standards.

Development standards in the mixed use zone are intended to achieve a human-scale, pedestrian- and transit-oriented environment.

A.    Densities. All development including but not limited to development which includes commercial and residential uses within the same building or on the same lot shall be required to meet the provisions of either subsection (A)(1) or (2) of this section.

1.    Commercial.

a.    A minimum floor area ratio (FAR) of 0.25 or a total of one-fourth square foot of gross area per one square foot of site area is required.

b.    The maximum floor area ratio (FAR) shall be 2.0 or a total of two square feet of gross area per one square foot of site area.

c.    A commercial structure shall be no more than fifty thousand square feet gross floor area. This requirement may be waived by the community development director based upon a finding that the proposed use can conform to other requirements of the mixed use zone, is designed to accommodate the pedestrian emphasis, incorporates residential uses, and is compatible and complementary to surrounding uses in the zone.

2.    Residential.

a.    A minimum average density of fourteen dwelling units per net acre is required. This is calculated by averaging the densities of all of the different types of housing provided within the development.

B.    Impervious Coverage and Open Space. No more than eighty-five percent of the square footage of the site may be covered by impervious surface. The site must be landscaped in accordance with TMC Chapter 18.47.

C.    Setbacks and Yard Area.

1.    Front: no minimum.

2.    Side: no minimum.

3.    Rear: no minimum.

Where any structures or portions of structures, containing any permitted, accessory and/or conditional use allowed by this chapter, are adjacent to any single-family low or single-family medium density residential zoning district, the minimum setback shall be twenty feet and shall be screened from view in accordance with TMC Chapter 18.47.

D.    Open Storage. Open storage is prohibited with the exception of retail nurseries. Long-term parking of operational company cars, light trucks, and vans within parking lots shall not be construed to be open storage.

E.    Conversion of Existing Structures. An existing residential structure may be converted to a commercial or office use if the structure is brought into conformance with the building code for such uses and all site plan review standards can be met, with the exception of setbacks of existing buildings.

F.    Building Height. Buildings shall not be constructed over fifty feet or five stories, whichever is less, except as provided in subsection (F)(1) of this section; provided, however, that no structure shall penetrate imaginary airspace surfaces as defined by 14 C.F.R. Part 77. A map that provides detailed information on ground and imaginary airspace surface elevations is available for inspection in the community development department.

1.    Minimum Conditions.

a.    Drawings shall be submitted illustrating, in both plan view and elevation, the shadows that would be cast by the proposed building or structure at noon on December 21 (winter solstice). No building or structure will be permitted that is shown by these drawings to cast a shadow onto any other property that is greater than the shadow that would be cast by a hypothetical building fifty feet in height on the south lot line of the shaded property. The solar setback of a proposed structure is calculated using the following formula:

Solar setback = (H - M) / (0.40 + P)

H = height (in feet of highest shade-producing point of structure)

M = maximum allowable height for buildings and structures in zoning district

0.40 = tangent of sun altitude on December 21

P = north/south slope of lot (in percent)

2.    Exterior walls of the proposed building shall include windows whenever possible. Where the construction of a windowless wall is necessitated by adopted building codes, the exterior facing of the wall shall be articulated on each story of the building with architectural features such as cornices or other projections, recesses, different building materials, awnings, signs, or other similar features that provide visual relief.

3.    The exterior of the building’s ground floor shall be visually separated from upper floors through the use of architectural features such as awnings, cornices, distinct but compatible facade materials or lighting, or other similar methods.

4.    The site design for the proposed building or structure shall include an outdoor plaza, park, or landscaped area that shall be designed and maintained for public use.

G.    Signs. The requirements of TMC Chapter 18.44 applicable to the mixed use zone district must be met.

H.    Pedestrian Access.

1.    An on-site pedestrian circulation system which links the street and the primary entrance(s) of the structure(s) shall be provided. Sidewalks or pedestrian ways must connect the required pedestrian system to existing pedestrian systems on adjacent developments if adequate safety and security can be maintained. Convenient pedestrian access to transit stops shall be provided.

2.    Sidewalks, walkways or pedestrian systems shall be required and constructed according to the city’s road development standards or as approved by the community development director.

3.    Where the pedestrian circulation system crosses driveways, parking areas, and loading areas, it must be clearly identifiable, through the use of elevation changes, speed bumps, a different paving material, or other similar method approved by the community development director. Striping may be permitted only in conjunction with at least one of the preceding methods.

Lighting for parking lots and pedestrian ways shall be provided to ensure personal safety. Lighting shall be integrated into the architectural character in terms of both illumination and fixtures. Site lighting shall be directed downward and inward or other techniques may be utilized to minimize impacts on off-site uses.

(Ord. O2017-006, Amended, 07/18/2017; Ord. O2016-037, Amended, 01/03/2017; Ord. O2011-002, Amended, 03/01/2011; Ord. O2004-009, Amended, 12/07/2004; Ord. O98-009, Amended, 10/20/1998; Ord. O97-024, Amended, 03/03/1998; Ord. O96-022, Amended, 12/17/1996; Ord. O95-035, Added, 12/19/1995)