A. Central Business District -4 (CBD-4). The purpose of the CBD-4 land use district is to provide an area for general commercial and limited business activities. This district also serves as a transition area between more intensive core area activities and neighboring residential areas. Long-term parking and automobile-oriented uses are encouraged.

B. Central Business District-5 (CBD-5). The purpose of CBD-5 land use district is to provide an area for general commercial activities along with mixed use activities, office complexes and public facilities.

C. Central Business District-6 (CBD-6). The purpose of the CBD-6 land use district is to provide an area for general commercial activities, along with mixed-use activities, office complexes, hotels and public facilities.

D. Central Business District-7 (CBD-7). The purpose of the CBD-7 land use district is to provide an area for a broad range of business park-type activities, along with mixed-use activities, office complexes, hotels, limited general commercial, and public facilities.

E. Saint Martin’s University. The purpose of the Saint Martin’s University land use district is to provide an area for college campus activities, such as classrooms, dormitories, pavilions, athletic fields and facilities, and associated uses and activities. (Ord. 1355 §2, 2010; Ord. 1131 §1 (repeals), 3, 2000; Ord. 1098 §14(A), 1999; Ord. 1080 §9, 1998; Ord. 965 §1, 1993; Ord. 871 §2 (part), 1989).

A. Specific categories of permitted uses are listed, by land use district, in Table 16T-06. In addition to such listing, child day care centers will be allowed subject to the provisions of Chapter 16.65 LMC as a permitted use in sub-areas 4 through 7 and the Saint Martin’s University zone. Also, within the Saint Martin’s University zoning district, churches, religious institutions, and monasteries are permitted uses.

B. Any decision of the community and economic development department or the site plan review committee may be appealed in accordance with Chapter 1D of the City of Lacey Development Guidelines and Public Works Standards.

C. Table 16T-06 and an explanation thereof shall be used in determining generalized land uses in the city of Lacey’s Central Business District and Saint Martin’s University zone.

D. Urban agricultural uses as provided for and limited under Chapter 16.21 LMC. (Ord. 1539 §78, 2019; Ord. 1368 §28, 2011; Ord. 1355 §3, 2010; Ord. 1220 §21, 2004; Ord. 1131 §1 (repeals), 3, 2000; Ord. 1098 §14(B), 1999; Ord. 965 §3, 1993; Ord. 927 §10, 1992; Ord. 902, 1990; Ord. 871 §2, 1989).

A. Uses similar to, or related to, those listed in LMC 16.25.020 are permitted upon a finding of the enforcing officer and/or the site plan review committee that a particular unlisted use is consistent with the intent of this chapter and compatible with the policies of the Lacey Comprehensive Land Use Plan. The officer and/or committee shall make the determination according to the characteristics of the operation of the proposed use and based upon the Standard Industrial Classification Manual and/or the North American Industry Classification System.

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

C. Any decision of the community and economic development department or the site plan review committee may be appealed in accordance with Chapter 1D of the City of Lacey Development Guidelines and Public Works Standards. (Ord. 1539 §79, 2019; Ord. 1220 §22, 2004; Ord. 1131 §1 (repeals), 3, 2000).

A. Upper-level setbacks. An upper-level setback of ten to twenty feet from all street property lines shall be required for all buildings between forty and sixty feet in height and an additional upper level setback of ten to twenty feet for each additional forty-foot to sixty-foot interval shall be required.

Additional upper-level setbacks may be imposed at the discretion of the enforcing officer and/or site plan review committee to preserve significant views and vistas. An owner/developer may appeal such a decision to the hearings examiner following procedures and requirements specified in Chapter 16.84 LMC.

B. Dimensional requirements in CBD Districts. See Table 16T-07.

C. Maximum building heights. See Table 16T-08. (Ord. 1220 §23, 2004; Ord. 1131 §1 (repeals), 3, 2000; Ord. 965 §4,5, 1993; Ord. 871 §2 (part)), 1989).

A. It shall be the responsibility of the operator and/or the proprietor of any proposed use to provide such evidence and technical data as the enforcing officer and/or site plan review committee 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 and/or site plan review committee to require such information shall not be construed as relieving the operator and/or the proprietor from compliance with the environmental performance standards of the Lacey Municipal Code.

B. An environmental determination shall be made by the responsible official in accordance with the procedures contained in Chapter 14.24 LMC. (Ord. 1220 §24, 2004; Ord. 1131 §1 (repeals), 3, 2000; Ord. 871 §2 (part), 1989).

A. It shall be the responsibility of the property owner/developer to provide a safe and convenient pedestrian circulation linkage system as described in this section and meeting the pedestrian circulation requirements set forth in LMC 14.23.086.

B. The pedestrian linkage system is a network including the major pedestrian corridor, landscaped walkways and perimeter sidewalks. It is established to provide safe pedestrian routes; enhance the appearance of buildings and their settings; provide a unified design element to offset varying architectural styles; and to soften the appearance of parking lots and service storage areas.

C. When zero-foot setbacks are utilized, landscaping requirements for planter strips may require sidewalks to be located outside of the normal right-of-way. In such cases, an unrestricted easement across sidewalks shall be granted to the city.

D. To maximize a pedestrian-friendly environment by providing an adequate separation between pedestrians and automobile traffic, development of a planter strip with street trees and grass between the curb and sidewalk shall be a primary goal and shall be required unless specifically stated otherwise below.

E. In cases where a sidewalk exists adjacent to the curb, the sidewalk must be moved back to accommodate a new planter strip; provided, that improvements to the property necessitating site plan review and requiring conformance with this title exceed twenty-five percent of the fair market value of existing improvements at the site and the site has one hundred feet or more of lineal feet of frontage. In cases where only minor improvements to a project site are requested that do not exceed twenty-five percent of the fair market value of existing improvements at the site or the site has less than one hundred feet of frontage, the requirement for moving the sidewalk shall not be mandatory; provided, however, that in consideration of the twenty-five percent threshold all improvements at the site since the effective date of this provision shall be included in calculating the total value. The twenty-five percent value shall be determined using the valuation procedures provided for in Chapter 14.04 LMC adopting the building code for proposed improvements and assessor’s office values for current structures.

F. Where adjacent properties do not have a planter strip and the sidewalk abuts the street, the new sidewalk shall be meandered to interconnect with the existing sidewalk and will provide the required planter strip for the project’s street frontage.

G. In cases where provision of a planter strip would necessitate removal or moving of a building, provision of a planter strip shall not be required unless the site is to be redeveloped and the building removed and reconstructed as part of the proposal.

H. In cases where parking must be removed to provide the planter strip and landscaping, this shall be required, provided it leaves the site with at least seventy-five percent of the number of parking stalls required by the city zoning code or parking can be obtained on an adjacent site.

I. In cases where a minimum six-and-one-half-foot planter strip area cannot be provided because of limitations discussed above, options for different dimensions of the planter area discussed below under subsection R of this section, street tree planting requirements, may be used if approved by the department of community and economic development. Minimum planter strip requirements may not be reduced when a zero-foot front setback is proposed. Where the zero-foot front yard setback is proposed, the front of the building shall have a main pedestrian entrance. Permeable paving sidewalks are required where planter strips are not installed, if feasible.

J. Because of identified financial impacts of requirements to move existing sidewalks, the city of Lacey shall establish a local grant program for very small businesses that would otherwise not be able to afford to move the sidewalk. Very small businesses shall be defined as those businesses with less than four employees. The grant program shall provide that the city will share up to fifty percent of the costs of landscaping and sidewalk improvements. The grant may be in the form of cash, city labor, city services or other real contribution resulting in cost reduction to the recipient. The director of community and economic development is authorized to develop administrative policies and procedures in carrying out the intent and requirements of this section.

K. Where a linkage system exists or is required outside of a public right-of-way, an easement to the city of Lacey shall be required to provide continuity of public access to adjoining properties.

L. A structure may extend into or over a required linkage system or walkway only when:

M. Where a linkage system adjoins a public street, the system’s width shall be measured from the edge of the existing or proposed curb.

N. Construction standards shall be as specified in this chapter and the City of Lacey Development Guidelines and Public Works Standards.

O. A pedestrian-oriented facility may utilize a zero-foot front yard setback if it meets all of the following criteria:

P. Each segment of walkways, perimeter sidewalks and landscaping shall be maintained by the property owner, unless a special assessment district is duly established for the specific purpose of maintaining a portion of or all such pedestrian linkage and landscaping improvements. The city shall maintain the intersections of all public streets adjoining any portion of the pedestrian linkage system.

Q. A plot plan of all proposed pedestrian linkage improvements identifying all dimensions and pedestrian features shall be submitted along with the site plan for review to the city.

R. The property owner shall install street trees, in addition to any other landscaping requirements, in accordance with the City of Lacey Development Guidelines and Public Works Standards.

A street tree planting area may also include decorative paving, other plant materials and street furniture as required by LMC 14.23.086.

S. Outdoor exhibits, displays, sales, service of food or drinks, or other activities may be conducted in pedestrian open space and linkage systems, including plazas, whether or not such facilities or activities are customarily accessory to the adjacent principal use; provided, free pedestrian movement through the area without unreasonable interruption by such facilities or activities is available; and provided, said activities comply with the city’s regulations for street merchants. Areas, activities and facilities so approved may be used for regular, intermittent, or temporary special events without further permitting under these zoning regulations, but shall not be exempted hereby from requirements for other permits. (Ord. 1539 §80, 2019; Ord. 1496 §68, 2016; Ord. 1480 §18, 2015; Ord. 1220 §25, 2004; Ord. 1208 §62, 2003; Ord. 1179 §8, 2002; Ord. 1154 §10, 2001; Ord. 1131 §1 (repeals), 3, 2000; Ord. 1080 §10, 1998; Ord. 965 §§6, 7, 1993; Ord. 871 §2 (part), 1989).

A. The provisions of Chapter 16.72 LMC, except as they conflict with LMC 16.25.110, apply to development in the CBD land use districts.

B. The site plan review committee shall review and approve, approve with conditions or deny a proposal for a parking structure through the site plan review process in Chapter 16.84 LMC. The site plan review committee may approve the parking structure only if:

C. Parking areas or garages shall be designed to provide for off-street vehicle circulation to adjoining property and parking areas where physically feasible, except that driveways and parking aisles should not cross pedestrian linkages in CBD land use districts.

D. An owner/developer may elect to provide off-street parking by entering a voluntary agreement with the city to pay a fee-in-lieu of constructing or otherwise causing the provision of off-street parking facilities as provided for in LMC 16.25.110(A) and Chapter 16.72 LMC. Such contributions shall be at a rate as determined by the city engineer, adjusted annually by a construction cost price index. All contributions shall be deposited in a “downtown parking reserve fund.” The fund shall be administered by the city and proceeds shall be used to further the objective of expanding the supply of off-street parking spaces and facilities.

Priorities for construction of parking facilities shall be identified in a comprehensive parking plan and capital improvements program approved by the city council. The plan shall take into consideration the amount of available off-street parking within an area, the need for concentration of public parking facilities to prevent proliferation of private parking lots alternating with buildings, the visual and traffic impacts of parking areas or garages and the degree to which the parking areas or structures will encourage pedestrian circulation.

All moneys voluntarily contributed by an owner/developer shall be spent or loaned by the city within twenty years on public parking areas or structures within the same CBD land use district from which the contribution originated. (Ord. 1220 §27, 2004; Ord. 1154 §12, 2001; Ord. 1131 §§1 (repeals), 3, 2000; Ord. 1130 §5, 2000; Ord. 1055 §1, 1997; Ord. 871 §2 (part), 1989).