(a)

General requirements. Office/residence district regulations are intended to govern the development and use of residences, particularly high density apartments, in a compatible setting with office buildings, civic and governmental structures, and educational and institutional structures.

(1)

Permitted uses. Each building, structure and parcel and the erection, construction, reconstruction, moving occupied in conformity with all the provisions specified for the district in which it is located. No land or buildings shall be devoted to any use other than a use permitted in the office/residence district in which such land, structure, or building shall be located.

(2)

Nonconforming uses. All buildings, structures and land which were lawful before the ordinance from which this article is derived was adopted or amended, and which become legally nonconforming as a result of the ordinance from which this article is derived was adopted or amended, shall be subject to the provisions of Section 42-359.

(3)

Conditional uses. Conditional uses may be allowed as listed in each office/residence district. Said conditional uses shall be subject to the issuance of conditional use permits in accordance with the procedures set forth in Section 42-272.

(4)

Outside display of merchandise. Storage of materials and equipment, business servicing and processing and display of merchandise shall be conducted within completely enclosed buildings with the exception of seasonal merchandise which may be displayed on the premises, provided such display does not encroach upon a required setback, a required off-street parking area, required green area or obstruct vehicular or pedestrian access.

(5)

Use of trucks, travel trailers or mobile homes as principal or accessory uses.

a.

No truck, travel trailer, or mobile home or similar vehicle shall be permitted in office/residence districts as a principal building.

b.

No truck, travel trailer, panel truck, mobile home or similar vehicle shall be permitted on any premises in an office/residence district for more than 72 consecutive hours or for more than 96 hours in any 168-hour period as an accessory building or use or for storage of materials except as provided below:

1.

Such vehicle is completely screened from view;

2.

Such vehicle is used as a construction office, parked on the construction site and only for the duration of the construction; or

3.

Seasonal sales not exceeding six weeks and subject to outside display of merchandise in Subdivision (4) of this section.

(6)

Green area.

a.

Green area shall be permanently provided and properly maintained on each lot devoted to any permitted or conditional use as set forth in each office/residence zoning district. Such green area shall not be devoted to service driveways, walks, off-street parking spaces, loading berths, or other similar uses, but shall include landscaping such as grass, shrubs, bushes, rock gardens, trees, flowers, and other types of aesthetic treatment.

b.

The green area requirement is based on gross lot area. Gross lot area does not include the area between the sidewalk and the future curbline as shown in the JATS plan; however, such area may be used to fulfill up to 25 percent of the green area requirement if authorized by the Site Plan Review Coordinator. The Site Plan Review Coordinator will consider in his or her review of such a credit one or more of the following:

1.

The quality and size of landscape plantings within the green areas provided on-site, and installation of terrace trees within the adjoining terrace;

2.

Redevelopment sites where the ability of providing green area in front of the building is limited; and

3.

The amount of green area provided in front of the building over the minimum requirement.

c.

At least 50 percent of the green area shall be provided in the front or corner side yard between the principal building and the front or corner side property line.

(7)

Enclosure of refuse storage area. Trash or refuse storage areas are permitted outside the principal building, provided that:

a.

Such storage areas are screened from view from any point on the perimeter of the site except as approved otherwise by the Site Plan Review Committee;

b.

Such storage area enclosure shall be made of the same material as the immediate adjacent wall of the principal building or such other material as would not detract from the immediate surrounding neighborhood as approved by the Site Plan Review Committee;

c.

Such storage area enclosure shall extend from the ground level to a minimum height of five feet and in no case shall be lower in height than that of trash receptacles.

(8)

Driveway openings. Driveway openings shall be located at least 40 feet from a block corner with the exception of single- and two-family driveway openings which shall be located at least 25 feet from a block corner. The maximum driveway opening shall be 36 feet at the curb and 30 feet at the sidewalk line. Where a driveway is in joint use with adjoining properties, there shall be at least ten feet of drive on each parcel.

(9)

Setback. Setbacks shall be as provided in each of the office/residence districts, except where at least 50 percent of the lots improved with buildings on one side of the street within the same block have a front setback on said street less than required by this chapter, an average front setback shall be computed for the block. Any new building and new alteration of any existing building may conform to that average front setback. For the purpose of computing such an average front setback, vacant lots within such block shall be considered as having the minimum front setback required in that district.

(10)

Setbacks for L-shaped two-family residences. Where a two-family residence is located on a corner lot, is L-shaped, and is addressed on two different streets, the minimum setback requirements shall be as follows:

a.

Any yard abutting a street: 25 feet;

b.

Side yard (unattached end of each unit): eight feet;

c.

Rear yard (area behind each unit): 25 feet.

(11)

Standards for single-family dwellings. Single-family dwellings, except those in designated mobile home parks, shall satisfy all of the following criteria:

a.

Installed on an enclosed permanent foundation;

b.

Minimum floor area, excluding the garage, decks, porches, and basement: 800 square feet of heated living space;

c.

Minimum width of short side of dwelling: 24 feet;

d.

Minimum core area of heated living space: 24 feet by 24 feet;

e.

Pitched roof required with a minimum slope of three inches in height for each foot of width;

f.

Permitted roof surfacing materials (including accessory garages and carports): Wood shakes, asphalt, fiberglass, composition or wood shingles; clay, concrete or metal tiles; slate; rubber membrane; built-up gravel materials;

g.

Exterior siding shall extend to the top of the foundation. If the top of the foundation is below grade, the siding shall extend to the ground; and

h.

Permitted exterior siding materials (including accessory garages and carports): wood, masonry, concrete, stucco, masonite, vinyl, metal lap.

The Zoning Board of Appeals may waive one or more of the above minimum standards, except the standard in Subsection (a)(11)a of this section upon a finding that the proposed architectural style provides compensating design features and the dwelling will be compatible with other dwellings in the neighborhood.

(b)

District requirements.

(1)

O1 Office/Residence District. The O1 Office/Residence District is designed primarily to accommodate residences, particularly moderate-density apartments in a compatible setting with office buildings, civic and governmental structures, and educational and institutional structures. Such uses would maintain the basic residential character of the district and of adjoining residential districts, with regard to building appearance and yard requirements.

a.

General condition. The parking of trucks when used in the conduct of a permitted use in the O1 District shall be limited to vehicles of not over 1½ tons capacity.

b.

Permitted uses.

1.

Single- and two-family dwellings;

2.

Offices, business, professional and public;

3.

Libraries;

4.

Art galleries, museums and cultural institutions;

5.

Clubs and lodges, private, religious or fraternal;

6.

Medical and dental clinics;

7.

Educational and institutional uses (public and hilanthropic);

8.

Funeral homes;

9.

Fire stations;

10.

Churches;

11.

Group care and family care facilities, nursery schools;

12.

Parks, playgrounds and open spaces;

13.

Nursing homes, rest homes for the elderly and convalescing;

14.

Hospitals. Setback requirements for hospitals only:

(i)

Front yard: 25 feet;

(ii)

Corner, side yard: 25 feet;

(iii)

Any yard abutting a street: 25 feet;

(iv)

Side yard: ten feet or none if common party fire wall provided;

(v)

Rear yard: ten feet or 25 feet if adjoining a residence district.

15.

Community living arrangements for 15 or fewer residents and adult family homes, subject to the following provisions:

(i)

Those which provide housing and supportive services for residents with a disability or handicap, defined in Section 18-21, as from time to time amended, shall not be subject to a minimum spacing requirement from another community living arrangement or adult family home;

(ii)

Those which do not provide housing and supportive services for residents with a disability or handicap, including, but not limited to, housing for parolees or juveniles who are not disabled, shall be located no closer than 2,500 feet from another community living arrangement or adult family home;

(iii)

Community living arrangements for nine to 15 residents shall be located on a lot containing at least 12,000 square feet;

16.

Community facilities, such as public community centers, public recreation facilities, public and private elementary and secondary schools;

17.

Interior design studios, art studios and photographic studios, provided there is no warehousing or on-site storage of merchandise and no retail sales of materials or supplies;

18.

Schools, music, dance and business;

19.

Radio and TV recording studios;

20.

Personal services salon, offering services such as hair care, nails, facials, tanning, myofascial and massage therapy is permitted except in instances where a single- or two-family dwelling is established as a principle permitted use on the premises. The retail sale of beauty supplies or products is permitted as an accessory use only.

c.

Conditional uses. The following may be allowed in the O1 District subject to the provisions of Section 42-272:

1.

Public utility uses, such as electric substations, water reservoirs, telephone transmission equipment buildings, telephone exchanges and gas regulator stations. Sewage lift stations and water pumping stations located above ground;

2.

Planned unit developments as provided for in Section 42-274 for permitted and conditional uses in the O1 District;

3.

Community living arrangements for more than 15 residents, provided the following conditions are met:

(i)

Those which provide housing and supportive services for residents with a disability or handicap, defined in Section 18-21, as from time to time amended, shall not be subject to a minimum spacing requirement from another community living arrangement or adult family home;

(ii)

Those which do not provide housing and supportive services for residents with a disability or handicap, including, but not limited to, housing for parolees or juveniles who are not disabled, shall be located no closer than 2,500 feet from another community living arrangement or adult family home;

(iii)

The facility shall be adequately landscaped and designed to be in keeping with the neighborhood and to prevent an institutional setting;

(iv)

The facility shall be located on a lot of no less than 12,000 square feet for the first 16 residents, plus an additional 1,000 square feet of land for each five additional residents;

4.

Banks and other types of financial institutions with drive-in facilities;

5.

Private outdoor recreational activity accessory to a listed permitted use;

6.

Communication towers, including, but not limited to, radio, television, microwave relay, cellular phone and all other towers. Television and radio antennas 30 feet or less in height are not included in this listing;

7.

Lodginghouses, roominghouses and boardinghouses;

8.

Residential shelter care facilities;

9.

Large developments as defined by having any one of the following characteristics:

(i)

Any development containing a building with a ground floor footprint of 25,000 square feet or more, as measured at the building foundation;

(ii)

Any development on a single site containing five or more acres or the development of multiple sites that collectively total five acres or more when said multiple sites are developed with any common link or nexus, including, but not limited to, shared infrastructure or physical site improvements;

(iii)

Any development that contains more than one building per site, lot or parcel;

10.

Multiple-family dwellings are defined as any building containing three or more dwelling units.

d.

Lot area.

1.

Residential uses.

(i)

Single-family and two-family units. Single- and two-family dwelling units shall have minimum lot areas in accordance with the following schedule:

(ii)

Three- to eight-family units. Multiple-family dwelling units that contain more than two units but square feet of land area for the first two units, plus an additional 1,300 square feet of land for each unit greater than two units and less than nine units,

(iii)

Nine units and greater. Units containing more than eight units shall have a minimum area in accordance with the following schedule:

2.

Nonresidential uses. None.

e.

Lot width. None.

f.

Minimum setback requirements for principal use.

1.

Front yard: 25 feet;

2.

Side yard: eight feet;

3.

Rear yard: 25 feet (except corner lots);

4.

Corner side yard: 25 feet from all streets lines;

5.

Corner interior side yard: Side yard shall be eight feet, provided rear yard is 15 feet, or 15 feet, provided rear yard is eight feet;

6.

Adjoining a residence district, where a multiple-family building greater than 2½ stories in height or nonresidential building is to be constructed on a lot adjoining an R1 or R2 District, side and rear setback shall be 25 feet or equal in dimension to the height of such multiple-family or nonresidential building as it sits above grade, whichever is greater.

g.

Minimum setback requirements for accessory uses.

1.

Front yard: five feet to the rear of the principal building;

2.

Side yard: two feet, plus the eave (except as provided in Section 42-363);

3.

Corner side yard: 25 feet from all street lines;

4.

Rear yard: two feet plus the eave.

h.

Maximum building height. None.

i.

Green area. Not less than 20 percent of the gross lot area shall be permanently set aside, planted and maintained as green area.

j.

Screening. There shall be provided and maintained a permanent screening buffer strip along any boundary of an O1 District which adjoins a residence district. Such screening shall be a living hedge, shrubs or trees which, at the time of planting, shall be a minimum of three feet in height and three feet in width and shall, within a period of four years, attain a height and width of at least five feet. When such screening is within the required front or corner side yard, the maximum height shall be 30 inches. These screening provisions shall not apply to residential uses which are located in an O1 District. The Building Division Director may modify the screening requirements when screening exists on adjoining property.

k.

Off-street parking and loading shall be as provided in Sections 42-360 and 42-361.

(2)

O2 Central Office/Residence District. The O2 Central Office/Residence District is developed to accommodate office buildings, civic and governmental structures, educational and institutional structures, and certain art-related uses in a compatible setting with residences, particularly high-density apartments, located in the Central City. It is intended that the application of the O2 District be limited to the following area:

Beginning at the point where the centerline of East Wall Street intersects the centerline of North Division Street; thence northeasterly along the centerline of East Wall Street to the centerline of North Atwood Avenue; thence southeasterly along the centerline of North Atwood Avenue to the centerline of East Milwaukee Street; thence southwesterly along the centerline of East Milwaukee Street to the centerline of Wisconsin Street; thence Southeasterly along the centerline of South Wisconsin Street to the centerline of St. Lawrence Avenue; thence southwesterly along the centerline of St. Lawrence Avenue to the centerline of South Division Street; thence southeasterly along the centerline of South Division Street to the centerline of East Van Buren Street; thence southwesterly along the centerline of East Van Buren Street to the middle of the block between South Parker Drive and South Main Street; thence southeasterly along said mid-block line a distance of about 2½ blocks to the southeast corner of Lot 3 in McKey's Addition; thence southwesterly along the southeast lot line of Lot 3 in McKey's Addition to the centerline of South Main Street; thence southeasterly along the centerline of South Main Street to the centerline of East Racine Street; thence southwesterly along the centerline of East Racine Street to the middle of the block between South River Street and South Franklin Street; thence northwesterly along said mid-block line to the centerline of West Holmes Street; thence southwesterly along the centerline of West Holmes Street to the centerline of South Franklin Street; thence northwesterly along the centerline of South Franklin Street to the centerline of West Van Buren Street; thence southwesterly along the centerline of West Van Buren Street to the centerline South High Street; thence northwesterly along the centerline of South High Street to the centerline of West Court Street; thence west along the centerline of West Court Street to the centerline of Locust Street; thence northwesterly along the centerline of Locust Street to the centerline of West Milwaukee Street; thence northeasterly along the centerline of West Milwaukee Street to the centerline of High Street; thence southeasterly along the centerline of High Street to the centerline of Dodge Street; thence northeasterly along the centerline of Dodge Street to the centerline of South Franklin Street; thence southeasterly along the centerline of South Franklin Street to the centerline of West Court Street; thence northeasterly along the centerline of Court Street to the centerline of South Division Street; thence northwesterly along the centerline of South and North Division Street to the centerline of East Wall Street, which is the point of beginning.

a.

General condition. The parking of trucks when used in the conduct of a permitted use in the O2 District shall be limited to vehicles of not over 1½ tons capacity.

b.

Permitted uses.

1.

Uses permitted in the O1 District;

2.

Design, production, display and sales of art related merchandise and services including interior design studios, art or craft studios and photographic studios, provided there is no warehousing or on-site storage of merchandise; sale of art materials or supplies is permitted as an accessory use only.

c.

Conditional uses. Conditional uses permitted in the O1 District.

d.

Lot area.

1.

Residential uses.

(i)

Single-family and two-family units. Single- and two-family dwelling units shall have minimum lot areas in accordance with the following schedule:

(ii)

Three- to eight-family units. Multiple-family dwelling units that contain more than two units, but less than nine units shall have at least 5,400 square feet of land area for the first two units, plus an additional 400 square feet of land for each unit greater than two units and less than nine units.

(iii)

Nine units and greater. Units containing more than eight units shall have a minimum lot area in accordance with the following schedule:

2.

Nonresidential uses. None.

e.

Lot width. None.

f.

Minimum setback requirements. None, except as provided below: If a lot in the O2 District is situated adjoining a residence district, the following setback requirements shall apply:

1.

Side yard: eight feet;

2.

Rear yard: 25 feet.

The above setback requirements shall apply only to that portion of the lot adjoining the residence district.

g.

Maximum height. None.

h.

Green area. Not less than ten percent of the gross lot area shall be permanently set aside, planted and maintained as green area. Off-street parking and loading shall be as provided in Sections 42-360 and 42-361.

(3)

O3 Neighborhood Office District. This district is intended to accommodate high quality office and institutional land uses at intensities compatible with residential districts in locations where traffic volumes and adjacent land use dictate a transition between residential and more intensive nonresidential uses. It is not intended that this zoning district replace the O1 and O2 Districts but instead provide another zoning alternative to accommodate small scale office development.

a.

General provisions.

1.

Generally, the O3 District shall be mapped in quantities not exceeding five acres;

2.

Residential uses are prohibited, except that a single dwelling unit is permitted if located within a structure erected to accommodate a use allowed within the district;

3.

Retail and commercial services are prohibited except where clearly accessory to a listed permitted use;

4.

Drive-in facilities, drive-up facilities or any other type of service providing or offering goods, service or products directly to customers waiting in motor vehicles are not permitted, including drive-up telephones.

The outside conduct, display or storage of any product, inventory, materials, equipment or service is prohibited, including, but not limited to, seasonal merchandise, beverage machines, ice machines, LP gas tank storage, pallets, landscape plants or materials, and children's amusement rides. This prohibition does not apply to outside trash and recyclable storage when in an approved screen enclosure.

b.

Permitted uses.

1.

Offices, business, professional and public;

2.

Medical and dental clinics;

3.

Funeral homes;

4.

Churches;

5.

Public libraries;

6.

Underground public utility uses, such as, electric substations, water reservoirs, telephone transmission equipment, gas regulator stations, sewage lift stations, water pumping stations and other similar utility use;

7.

Interior design studios, art studios and photographic studios.

c.

Conditional uses. The following may be allowed in the O3 District subject to the provisions of Section 42-272, conditional uses:

1.

Above ground public utility uses, such as, electric sub-stations, water reservoirs, telephone transmission equipment, gas regulator stations, sewage lift stations, water pumping stations and other similar utility use.

2.

Planned unit developments as provided in Section 42-274 for permitted and conditional uses in the O3 District.

3.

Retail and commercial service uses accessory to listed permitted or conditional uses.

4.

Large developments as defined by having any one of the following characteristics:

(i)

Any development on a single site containing five or more acres or the development of multiple sites that collectively total five acres or more when said multiple sites are developed with any common link or nexus, including, but not limited to, shared infrastructure or physical site improvements.

(ii)

Any development that contains more than one building per site, lot or parcel.

5.

One-story principle buildings between 5,000 and 10,000 gross square feet in size;

6.

Fire stations;

7.

Day care centers (nine or more children).

d.

Minimum lot area. None.

e.

Minimum lot width fronting a public street. None.

f.

Maximum building size.

1.

Principal buildings. 5,000 square feet per floor and 10,000 square feet total except as provided in Subsection (c) of this section.

2.

Accessory buildings. 750 square feet.

Only one accessory building is permitted per lot or parcel.

g.

Maximum height. The maximum height of any building, structure or use shall not exceed 35 feet and any such building shall not contain more than two stories above grade.

h.

Minimum setbacks. Minimum setbacks required from the property line to principal and accessory buildings, structures, and uses and off-street parking:

1.

Front yard, corner yard and any other property line adjoining a public street right-of-way line: 25 feet;

2.

Side yard: ten feet;

3.

Rear yard: 25 feet except for corner lots, which shall be treated as having two side yards;

4.

Adjoining a residence district: 25 feet or equal in dimension to the height of the building, whichever is greater;

5.

Parking shall be set back a minimum of 15 feet from any front or corner yard property line and five feet from all other property lines except when adjoining a residence district where the setback shall be ten feet.

i.

Green area. Not less than 20 percent of the gross lot area shall be permanently set aside, planted and maintained as green area except that sites containing one-story principle buildings between 5,000 and 10,000 square feet shall provide 30 percent of the total lot area as green area.

j.

Site access. Vehicle access for nonresidential development is prohibited from a local residential street unless said point of access is within 500 feet of a through or connecting arterial street as enumerated in Chapter 38 or, in the opinion of the City Engineer, said local street will eventually be classified as a through or connecting arterial street.

k.

Signs. The intent of the following provisions is to reduce the impacts of sign installation and associated lighting on properties surrounding development on sites located within the O3 District. The standards contained herein recognize that the general sign provisions found within Chapter 28 allow a multitude of under-regulated sign options that are not compatible with development intended to adjoin residential land uses. As such the following standards regarding sign installation shall apply in addition to those applicable from said Chapter 28.

1.

Standards of this section that are more restrictive than those found in Chapter 28 shall prevail.

2.

Installation or use of any of the following types of sign, as they are defined in Chapter 28, is prohibited: Attention-getting devices, banners, directional signs, electronic message signs, instructional signs, mobile signs, off-premises signs, roof signs.

3.

On-premises ground signs shall comply with the following regulations:

(i)

The ground sign is located where otherwise permitted but in no event less than two feet from a parking lot, driveway, highway, other right-of-way, sidewalk, or property line and in no event within a vision triangle as defined in Section 42-354(a). For uncontrolled intersections, which shall be applied to the following areas of the property:

A.

All property corners located at street intersections and along all side property lines; and

B.

At all intersections of driveways and sidewalks leading from the site to the adjoining property line or right-of-way lines. For these locations, the outside pavement, curb or sidewalk edges shall be used as the interior leg of the vision triangle and the intersecting property line as the other.

(ii)

The ground sign shall not exceed 32 square feet of total area including the sign base except for parcels having 600 linear feet or more of frontage on public streets, in which case the ground sign area may not exceed 48 square feet, including the sign base. The surface area of the sign base shall be calculated based on the total perimeter boundary of the base from the ground plane to the bottom of the sign area and from outside edge to outside edge of the vertical sides. Any openings in the base shall be included within the area calculation.

(iii)

No more than one such ground sign shall be permitted or located per parcel.

(iv)

Ground signs shall not exceed six feet in height.

(v)

Changeable message boards or signs are not permitted as separate signs or components of a primary sign.

4.

Wall signs may only be installed on facades of buildings that face a public street or parking area. No internally illuminated wall sign shall be placed on a wall or building elevation that adjoins or is opposite a residential zone district.

5.

Within this district window signs shall be considered wall signs and thus subject to all regulations pertaining to wall signs.

(Code 1976, § 18.36.030)