§ 21.44.030. MX Mixed Use district.

A.

Purpose. The Mixed Use district is designed to encourage a mixture of residential, office and retail uses within the inner West Street corridor compatible with each other and with surrounding areas.

B.

Uses. Uses that may be permitted in the MX district are set forth in the table of uses for Office and Mixed Use Zoning Districts in Chapter 21.48.

C.

Development Standards.

1.

Chapter 21.50 contains the bulk regulations table for the MX district.

2.

Notwithstanding the regulations set forth in Section 21.38.030(E), approval as a planned development is not required for a building in the MX district solely because it has a height greater than forty-five feet or an FAR in excess of two.

3.

Design Standards. Where development is subject to Site Design Plan Review, the following design standards shall apply in addition to the general standards set forth in Chapter 21.62.

a.

Character. The design of each new building and its site shall be of an urban not a suburban character.

b.

Building Location. Buildings shall be located close to the street with parking located to the rear of the zoning lot.

c.

Height. The height of a building as measured on the rear portion of a sloping site should not rise substantially above any residential structures adjacent to the building.

d.

Ground Floor of Commercial Buildings. The ground floor of a commercial building façade shall:

i.

Be differentiated from the upper floors to establish a distinct base for the building;

ii.

Be at least twelve feet in height; and

iii.

Be glazed on at least sixty percent of the façade.

e.

Rear Entrances. The design of rear entrances to commercial buildings shall be utilitarian, appropriate to the surroundings and take into account the interests of any nearby residential uses.

D.

Additional Standards.

1.

Parking Requirements for Changes of Use. Notwithstanding the requirements of 21.66.030(G), when the existing use of a building or structure is changed to a new use, parking and loading facilities are mandatory regardless of the date when the building or structure was erected.

2.

Administrative Adjustment to Off-Street Parking. Pursuant to the administrative adjustment procedures set forth in Chapter 21.18, the Planning and Zoning Director may adjust the off-street parking requirements as follows upon a demonstration that reasonable alternative parking facilities are available:

a.

For development of new buildings on zoning lots of ten thousand square feet or greater a waiver of up to seventy-five percent of the off-street parking requirement may be granted.

b.

For rehabilitation or expansion of existing buildings and the development of new buildings on zoning lots less than ten thousand square feet, the off-street parking requirement may be waived completely.

3.

Loading and Unloading. Vehicles used for loading and unloading purposes shall park only within a designated off-street loading space at any time; or in a designated on-street loading zone, between the hours of six a.m. and eleven a.m., unless the zone is posted for other hours.

4.

Demolitions. The Planning and Zoning Director shall review and decide all applications for demolition of buildings or structures pursuant to Chapter 21.14, Demolition Permits.

E.

Any building or buildings not in existence on November 28, 2005, which building or buildings are subsequently developed, shall provide retail commercial uses on the first floor of any façade abutting West Street, provided however that:

1.

If after six months of the issuance of the final use and occupancy permit pursuant to Chapter 21.12 the owner of the building is able to demonstrate an inability to lease to a retail commercial tenant after diligently pursuing such a tenant, the space may be leased to another use permitted in the MX zone.

2.

Development on parcels of six thousand five hundred square feet or less may have this requirement waived upon a demonstration that the development is for a single occupant.

3.

Retail commercial uses on the first floor are not required for parcels greater than 39,000 square-feet if the development on, or subdivision of, such parcel includes only single-family attached dwellings and common open space. Ground floor retail commercial uses are not required for town house or single-family residential dwelling units having entrances abutting West Street nor shall such use be prohibited by any applicable law, rule or regulation.

F.

The department of planning and zoning shall be responsible for approving or denying applications for demolition of buildings or structures with the MX district. A sign provided by the department of planning and zoning, indicating that demolition approval is being sought and stating the expected date of decision, shall be posted and maintained on the property in a location readily visible to the public, and shall be removed by the applicant within seven days following the decision to permit demolition to occur. In order to approve a demolition request, the department of planning and zoning must first make all of the following findings based upon evidence of record:

1.

Loss of the structure would not be adverse to the district or the public interest by virtue of the structure's uniqueness or its contribution to the significance of the district;

2.

Demolition would not have an adverse effect on the character and surrounding environment of the district;

3.

Demolition is not for the purposes of assembling properties for the construction of a large-scale structure, if such assemblage is determined to be incompatible with the purposes and intent of the MX district;

4.

The replacement structure is designed and sited in a fashion that reflects the compatibility objectives of this chapter.

G.

Notwithstanding the provisions of this ordinance, the following shall be governed by the law as it existed in the MX, Mixed-Use zoning district prior to (effective date of ordinance):

1.

A building in existence as of November 28, 2005;

2.

A project for which an application for special exception approval has been filed on or before November 28, 2005; and

3.

A proposed building or buildings for which an application for site design plan approval has been filed on or before November 28, 2005.

(Ord. O-05-06 Amended § 1 (part), 2007: Ord. O-11-05 Revised Amended § 1 (part), 2005: Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-20-11, § I, 7-25-2011; Ord. No. O-19-18, § I, 11-19-2018)