Chapter 17.49
DOWNTOWN – MIXED USE DISTRICT (D-MU)

Sections:

17.49.010    Purpose.

17.49.020    Essential uses.

17.49.030    Primary permitted uses.

17.49.040    Secondary permitted uses.

17.49.050    Conditional uses.

17.49.060    Downtown – mixed use district (D-MU) performance standards.

17.49.070    Area and dimensional requirements.

17.49.080    General building development standards.

17.49.090    Building setback requirements.

17.49.100    Off-street parking requirements.

17.49.110    Applicability.

17.49.120    Architectural design requirements.

17.49.130    Permit review process.

17.49.010 Purpose.

The downtown – mixed use district is intended to provide land use, development, and design standards that promote a pedestrian-oriented mix of commercial uses, including small-scale retail, restaurants, and professional services, with residential uses intermixed, within the community center in support of an attractive, sustainable, “downtown” business core. [Ord. 12-18 § 1, 2018; Ord. 6-18 § 1, 2018; Ord. 15-17 § 1 (Exh. A), 2017].

17.49.020 Essential uses.

The essential uses of this district are existing single-family residential development, multifamily residential development, and retail/commercial and/or professional services that directly support the city. [Ord. 12-18 § 1, 2018; Ord. 6-18 § 1, 2018; Ord. 15-17 § 1 (Exh. A), 2017].

17.49.030 Primary permitted uses.

Primary permitted uses of this district are:

A. Art studios;

B. Banks;

C. Business offices;

D. Clubhouses;

E. Convenience stores or mini-markets;

F. Duplexes;

G. Public safety facilities;

H. Gas stations and/or auto repair service stations;

I. Hotels and motels;

J. Manufactured homes (*replacement of an existing mobile/manufactured home only – see WRMC 17.49.060(F));

K. Microbreweries;

L. Minor utility facilities;

M. Multifamily dwellings;

N. Municipal office buildings;

O. Parks;

P. Personal service shops (barber, beauty and similar services);

Q. Post office;

R. Professional offices;

S. Residential use in connection with business enterprise provided dwelling unit is constructed in compliance with the International Fire Code and International Building Code;

T. Restaurants;

U. Retail, sales and service businesses;

V. Single-family residence;

W. Townhouses/rowhouses subject to the following standards:

1. There shall be at least 10 feet on end between groups. This space may either be end unit lots or common open space, and, if so, there may be openings in the end units;

2. The number of connected units shall not exceed eight;

3. The director may approve up to a 10 percent deviation from all standards related to townhouse or rowhouse development;

4. Townhouse/rowhouse developments are encouraged, but not required, to provide open space or other amenities typical to multifamily residential developments;

X. Drive-thru establishments;

Y. Wine tasting rooms;

Z. Wireless communication facilities – co-location with an existing facility (co-location is allowed on towers that were existing prior to adoption of Ordinance No. 6-19) subject to Chapter 17.16 WRMC. [Ord. 14-19 § 1 (Exh. A), 2019; Ord. 12-18 § 1, 2018; Ord. 6-18 § 1, 2018; Ord. 15-17 § 1 (Exh. A), 2017].

17.49.040 Secondary permitted uses.

The following uses are permitted in the D-MU district in conjunction with, but subordinate to, a permitted or conditional use:

A. Accessory buildings;

B. Automobile parking as required by Chapter 17.57 WRMC;

C. Small domestic animals;

D. Small-scale home occupation, subject to WRMC 17.54.047. [Ord. 12-18 § 1, 2018; Ord. 6-18 § 1, 2018; Ord. 15-17 § 1 (Exh. A), 2017].

17.49.050 Conditional uses.

The following uses are permitted in the D-MU district, subject to review in accordance with Chapter 17.66 WRMC and other applicable provisions of this code, and the issuance of a conditional use permit:

A. Animal clinics and veterinary hospitals;

B. Commercial parking lots;

C. Commercial recreational uses (entertainment-related uses and event facilities, such as stadiums, auditoriums, exhibition halls and other similar facilities);

D. Large-scale home occupations;

E. Major utility facilities, subject to WRMC 17.54.452;

F. Public uses and uses related to the welfare of the community;

G. Recreation building or area operated by membership clubs for the benefit of members and not for gain;

H. Temporary/seasonal outdoor public markets;

I. Expansion of existing mini-storage facilities subject to the following:

1. Vertical and/or horizontal expansion is allowed upon an existing parcel or an immediate adjacent (contiguous) parcel.

2. Expansion of a mini-storage facility shall not occur within 100 feet of the Van Giesen/SR 224 right-of-way. [Ord. 12-18 § 1, 2018; Ord. 6-18 § 1, 2018; Ord. 15-17 § 1 (Exh. A), 2017].

17.49.060 Downtown – mixed use district (D-MU) performance standards.

All uses permitted in the D-MU district must comply with this title and other applicable provisions of this code; in addition, permitted uses in the D-MU district must comply with the following performance standards:

A. All business, service or merchandise display shall be conducted wholly within an enclosed building, except for off-street automobile parking and limited outdoor display meeting the following:

1. Outdoor display shall be limited to the width of the building frontage;

2. Outdoor display shall not impede required pedestrian access or occupy required parking stalls or vehicle circulation routes;

3. Outdoor display shall only include those quantities sold in a day’s operation;

B. Outdoor storage may only be permitted through the issuance of a conditional use permit reviewed pursuant to Chapter 17.66 WRMC;

C. Processing or manufacturing hazardous substances is prohibited;

D. On-site storage or treatment of hazardous waste is prohibited;

E. Existing mobile/manufactured home parks are allowed to continue, but shall not be expanded;

F. Existing mobile/manufactured homes on residential lots can only be replaced with manufactured homes that are not more than three years of age from date of permit application or stick-built homes. Manufactured homes older than three years old may be authorized by the director through the Type 1 review process when he/she determines that the proposed home is a substantial improvement over the dwelling it is replacing or is otherwise compatible with the surrounding residential neighborhood. [Ord. 12-18 § 1, 2018; Ord. 6-18 § 1, 2018; Ord. 15-17 § 1 (Exh. A), 2017].

17.49.070 Area and dimensional requirements.

Area and dimensional requirements including lot area, lot width, lot depth, building height and lot coverage are found in Table 17.54.050. Specific exceptions are listed in the notes indexed by Table 17.54.050. [Ord. 12-18 § 1, 2018; Ord. 6-18 § 1, 2018; Ord. 15-17 § 1 (Exh. A), 2017].

17.49.080 General building development standards.

The following development standards shall apply in the downtown – mixed use district to all buildings constructed after the effective date hereof:

A. Building Height. The maximum height for any new commercial or multifamily building within the downtown – mixed use district shall be 40 feet. However, new commercial or multifamily buildings proposed to be greater than 40 feet in height may be allowed provided a conditional use permit reviewed pursuant to Chapter 17.66 WRMC has been granted. The maximum height for any new or replacement single-family residence shall be 28 feet. Rooftop mechanical equipment shall not be considered part of the building for height calculation purposes.

B. Rooftop mechanical equipment:

1. Shall be set back a minimum of 15 feet from the street facing building edge; and

2. Shall be screened from view of the adjacent street or sidewalk. Screening may be accomplished utilizing one of the following techniques:

a. Provide parapets that are at least as tall as the tallest equipment;

b. Incorporate an architectural screen around the equipment; or

c. Set the equipment back from the building edge a minimum of three feet for every one foot of equipment height, but in no case by less than 15 feet as required above. [Ord. 12-18 § 1, 2018; Ord. 6-18 § 1, 2018; Ord. 15-17 § 1 (Exh. A), 2017].

17.49.090 Building setback requirements.

The following building setbacks shall apply in the downtown – mixed use district to all buildings constructed after the effective date hereof:

A. Setback Requirements.

1. Commercial or Multifamily.

a. Front yard: five feet.

b. Rear yard: zero feet.

c. Side yard: zero feet.

d. Side yard, corner: shall comply with the clear zone area requirements set forth in WRMC 12.08.060.

2. Single-Family Residences.

a. Front yard: 20 feet.

b. Rear yard: eight feet.

c. Side yard: five feet.

d. Side yard, corner: 15 feet. [Ord. 12-18 § 1, 2018; Ord. 6-18 § 1, 2018; Ord. 15-17 § 1 (Exh. A), 2017].

17.49.100 Off-street parking requirements.

For provisions on off-street parking requirements, see Chapter 17.57 WRMC. [Ord. 12-18 § 1, 2018; Ord. 6-18 § 1, 2018; Ord. 15-17 § 1 (Exh. A), 2017].

17.49.110 Applicability.

A. Architectural design standards shall apply to all new construction and renovations of existing structures within the downtown – mixed use district, excepting those project types specifically exempted.

B. The following project types shall be exempt from design standards detailed in this section:

1. Interior remodels;

2. Normal or routine maintenance and repair of buildings, ancillary structures, parking lots, and pedestrian areas;

3. Temporary structures as allowed per zoning code, and emergency structures; and

4. Single-family detached dwellings and accessory structures. [Ord. 12-18 § 1, 2018; Ord. 6-18 § 1, 2018; Ord. 15-17 § 1 (Exh. A), 2017].

17.49.120 Architectural design requirements.

The following architectural design features shall be required in all new construction and renovations that are subject to the requirements of this section:

A. Prohibited Materials. The following materials shall be prohibited for use on the street facing, alley facing, or building facade facing a parking lot:

1. T-111 or similar sheet materials;

2. Vinyl siding;

3. Asphalt shingles;

4. Wood log siding and construction; and

5. Mirrored, translucent, or otherwise nontransparent windows.

B. Color Palette. The following limitations and restrictions in the color palette shall be required:

1. Each building shall be limited to no more than three principal facade colors.

2. Bright colors that have intense and bright hues (such as primary or neon colors) shall be prohibited as principal facade colors.

3. For the purpose of these requirements, “principal facade color” shall be defined as any color encompassing greater than 30 percent of the building facade (excluding the area of windows for the purpose of this calculation).

C. Architectural Design Standards. The design proposed by the developer must be demonstrated to incorporate design elements which meet the objectives of each of the following design goals:

1. Pedestrian-Oriented Ground Floors. To design street and sidewalk facing facades to be inviting and easily accessible to passersby; to ensure that the ground floor promotes a sense of interaction between activities in the building and activities in the public realm.

2. Reinforced Corner. To create dynamic public gathering spaces and building entries where streets intersect; to enhance way finding and the comprehension of the downtown (applicable only to projects located on a corner at the intersection of two streets).

3. Tripartite Facade. To have street facing and front building facades that create a clear and distinct base, middle and top to break up the vertical mass, utilizing horizontal bands, changes in colors, and/or changes in materials. This goal applies to buildings of all heights and numbers of stories.

4. Cohesive Architectural Elements. To enhance the experience of passing motorists, pedestrians, and bicyclists by incorporating architectural design elements into the ground floor street facing and front building facades (and alley facing facades where feasible).

5. Semipublic Spaces. To create safe, friendly and more intimate gathering zones (that relate to the functions inside the building) while allowing people to stop, sit, people watch and dine (applicable only to buildings located on lots with public street frontage).

6. Weather Protection. To protect pedestrians from sun, wind, and rain.

7. Materials. To use building materials and construction to evoke a sense of permanence; incorporate materials that are compatible with the surrounding built and natural environment, utilizing indigenous materials, when possible. [Ord. 12-18 § 1, 2018; Ord. 6-18 § 1, 2018; Ord. 15-17 § 1 (Exh. A), 2017].

17.49.130 Permit review process.

A. Application Requirements. A completed administrative architectural design review checklist, submitted concurrently with the building permit and site plan application, shall be required. Said application shall list all design elements which are incorporated into the project design to address each of the applicable design criteria, as detailed above.

B. Process. Administrative design review is completed by city staff concurrently with the site plan and building plan reviews.

C. Standard for Approval. The applicant has demonstrated that the proposal addresses each of the applicable architectural design criteria, utilizing elements or approaches identified for each criteria.

D. Decision.

1. Upon granting or denying an application, the city staff shall specify in writing the basis of decision, the reasons for approval or denial, and the actions, if any, that the applicant could take to obtain approval.

2. An affected party may appeal the decision to the city council. [Ord. 12-18 § 1, 2018; Ord. 6-18 § 1, 2018; Ord. 15-17 § 1 (Exh. A), 2017].