A. Over time, that portion of the Martin Way designated Mixed Use High Density is intended to gradually change from an area dominated by strip commercial development, light industry, warehousing, and other low intensity or non-pedestrian uses into mixed use, high density residential and commercial area where people enjoy walking, shopping, working and living.

B. To create three mixed high density corridor zones designed to reflect a desire to move away from traditional commercial strip development to a mixed high density corridor. The three zones are intended to reflect an emphasis on existing uses which are already established within the area to help promote a healthy business climate for existing uses.

C. Create a specific mixed high density corridor zone for the eastern portion of Martin Way between Marvin and Meridian that will make the transition away from strip commercial auto-oriented development. Low intensity and motor-vehicle-oriented uses are not desirable within this area. Low intensity and motor vehicle-related uses are considered to be those which are relatively large in scale and which primarily serve patrons arriving by motor vehicle because:

D. Create a mixed high density corridor zone for the western portion of Martin Way generally between Hensley and Carpenter Road that will make the transition away from classic strip commercial development to a full range of commercial uses with attractive street fronts, multimodal improvements and a design which is compatible in an environment where residential uses and commercial uses are located adjacent to one another.

E. Create a mixed high density corridor zone as a transition between the east and west zones between Hensley and Marvin Road. This zone would recognize some automobile-related uses but only through a conditional use permit process.

F. Allow for commercial uses and other mixed use development in a way that serves the needs of the neighborhood and the community and enhances the appearance and identity of the mixed high density corridor.

G. Provide for a type, configuration, and density of development that will entice pedestrian shoppers to frequent the area, encourage pedestrian traffic between businesses, facilitate efficient mass transit, and require less reliance on motor vehicles.

H. 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.

I. Integrate new development with existing uses to achieve a better environment for pedestrians and to maintain or enhance the livability of the adjacent residential neighborhood.

J. Provide development standards which require direct, convenient pedestrian and vehicular access to businesses.

K. Balance the needs of motorists and businesses serving a community-wide market with the needs of pedestrians and neighborhood residents. (Ord. 1220 §15, 2004; Ord. 1098 §13(A), 1999; Ord. 1024 §38, 1995).

A. Commercial Uses and Public Administration. The following uses are permitted as an allowed use or by conditional use permit as noted if they have a gross floor area of no more than fifteen thousand square feet and require no outside storage. The square footage limitation may be waived by the site plan review committee for general merchandise stores, food stores, hotels and motels, rooming houses, educational services, and museums. To waive this requirement the site plan review committee must find that the proposed use can conform to other requirements of the high density corridor, is designed to accommodate the pedestrian emphasis and is compatible and complementary to surrounding uses in the zone. Noted conditional uses may also be approved with a greater or lesser square footage under the same conditions of pedestrian emphasis, compatibility and complementary design.

Uses allowed include:

B. Residential Uses. All residential uses are permitted with a minimum density of at least twelve units per acre. No density maximum shall be imposed provided any density beyond twenty units per acre shall be obtained by purchase of transfer of development rights; low income housing density bonuses or other incentive density bonuses as may be available or determined in the best interest of the community by the site plan review committee.

C. Urban agricultural uses as provided for and limited under Chapter 16.21 LMC. (Ord. 1539 §68, 2019; Ord. 1368 §26, 2011; Ord. 1220 §16, 2004; Ord. 1098 §13(B), 1999; Ord. 1045 §1, 1996; Ord. 1024 §38, 1995).

A. Automobile-related uses such as:

A. Other uses in the following categories may be permitted through a conditional use permit. Provided the applicant can demonstrate such use can be designed to be integrated into the corridor and compatible and complementary to existing and future preferred uses and land use vision. Uses that may be approved through the conditional use permit process in all three mixed use high density corridor zones include:

B. Additional conditional uses may be permitted in the central zone pursuant to LMC 16.23.010(E). Provided it can be shown the use can conform to other requirements of the high density corridor, is designed to accommodate the pedestrian emphasis and is compatible and complementary to surrounding uses. Such uses include:

C. Automobile gas stations may be permitted by conditional use permit at the northeast and southwest corners of the intersection of Meridian, Martin, and Duterrow. This use shall be limited to the lots with gas stations existing on the effective date of the ordinance codified in this section. Provided, that the provisions of LMC 16.23.025(B) can be satisfied. (Ord. 1539 §70, 2019; Ord. 1192 §141, 2002; Ord. 1098 §13(D), 1999).

A. Uses similar to, or related to, those listed in LMC 16.23.020(A) are permitted upon a finding of the site plan review committee that a particular unlisted use does not conflict with the intent of this chapter or the policies of the Comprehensive Land Use Plan;

B. The criteria for such finding of similarity shall include but not be limited to the following:

A. It shall be the responsibility of the of the operator and/or the proprietor of any permitted use to provide such reasonable evidence and technical data as the enforcing officer may require to demonstrate that the use or activity is or will be in compliance with the environmental performance standards of Chapter 16.57 LMC.

Failure of the enforcing officer to require such information shall not be construed as relieving the operator and/or the proprietor from compliance with the environmental performance standards of this title.

B. Storage. Outside storage of any kind is prohibited with the exception of nurseries.

C. Refuse.

A. Lots may contain more than one use and will be a shape, size and design appropriate to the zone and intended uses as determined by the city.

B. No minimum setback. The maximum setback shall be fifteen feet from the fronting right-of-way unless the site plan review committee determines it is appropriate for the specific use to have a greater setback finding that other techniques can be used to promote pedestrian emphasis and that the use with application of other techniques will be compatible and complementary to surrounding uses and intent of the zone.

C. Side yard setback, minimum of ten feet, unless waived by the site plan review committee pursuant to the policies of this chapter.

D. Rear yard setback, fifteen feet.

E. Maximum building coverage: thirty-five percent; however, this may be increased up to a maximum of eighty-five percent if the following bonuses are used or the project is on a lot in a subdivision or binding site plan that has met all the requirements of Chapter 14.23 LMC.

Note: These bonuses are to be added to the base allowable building coverage. The provisions of the Drainage Design and Erosion Control Manual, open space, landscaping and design review requirements may further limit building coverages.

F. Maximum development coverage: Maximum coverage by impervious surfaces sixty percent, unless increased up to a maximum of ninety-five percent if the following bonuses are used or the project is on a lot in a subdivision or binding site plan that has met all the requirements of Chapter 14.23 LMC.

Note: These bonuses are to be added to the base allowable impervious surface coverage. The provisions of the Drainage Design and Erosion Control Manual, open space, landscaping and design review requirements may further limit impervious surfaces.

G. Building height: not more than forty-five feet within one hundred feet of a prior existing single family detached subdivision. (Ord. 1496 §60, 2016; Ord. 1220 §18, 2004; Ord. 1024 §38, 1995).