There is established the MC-1 mixed use zoning districts and the standards and regulations by which certain land uses may be permitted therein.

(Ord. 899 §2, 2000).

The essential function of the MC-1 mixed use zone is to provide area(s) where a mixture of compatible commercial, offices, hotel, theaters, multiple-family residential, civic and recreational activities which will benefit and contribute to the overall economic vitality of the community. It is further intended to ensure that adequate open space and development regulations will create a favorable environment for abutting uses as well as ensuring the compatibility and harmonious existence of development within MC-1 zoned property.

(Ord. 899 §3, 2000).

As used in this chapter:

"Mixed use development" means the development of a parcel or structure with one or more different land uses, such as a combination of residential, office, retail, public, or entertainment in a single or physically integrated group of structures. "Mixed-use development" shall consist of multiple-family dwelling units and complimentary commercial uses spelled out in this chapter.

(Ord. 899 §4, 2000).

The land uses permitted in the MC-1 zone are as follows:

(1)

Multifamily residential structures containing twelve or more units;

(2)

Residential dwelling units (apartments or condominium-type) in conjunction with the primary commercial business;

(3)

Privately-owned animals within residential dwelling(s) in accordance with MLMC Title 7, Animals;

(4)

Noncommercial gardening and fruit raising in conjunction with residential uses;

(5)

Fences and hedges in accordance with Chapter 17.37, Fences and Hedges;

(6)

Specified wireless communications facilities pursuant to MLMC Chapter 17.52, Wireless Communications Facilities, in accordance with those permitted in the C-1 commercial zone;

(7)

Business service establishments such as electronic computer facilities and addressing services;

(8)

Banks and professional offices;

(9)

Barbershops, beauty parlors;

(10)

Billiard and pool parlors;

(11)

Theaters, recreational centers and other places of amusement;

(12)

Restaurants, cafes, taverns;

(13)

Small machinery rental and repair (individual machine weighing less than five hundred pounds);

(14)

Package liquor sales;

(15)

Bus depots;

(16)

Commercial garages, automobile sales, service, motor vehicle drive-yourself auto and truck rentals, gasoline service stations;

(17)

Lumberyards having as the essential purpose the sale of merchandise to customers;

(18)

Laundries and dry-cleaning establishments;

(19)

Heating and plumbing equipment sales, supplies, installation and service;

(20)

Accessory uses, such as repair service relating to the sales in the essential and permitted uses;

(21)

Operation of motors and other equipment relating to the function of the essential use;

(22)

Signs in accordance with MLMC Chapter 17.39, Signs;

(23)

Mini-storage facilities provided that they are not located within the established central business district boundaries;

(24)

Animal hospitals and clinics for the treatment and the hospitalization of dogs and cats and other small animals, excluding livestock, while actually undergoing medical treatment; the conduct of a kennel for the board or keeping of animals is not a permitted use in a MC-1 zone;

(25)

Post offices, library, government offices;

(26)

Parking in accordance with MLMC Chapter 17.36, Off-Street Parking;

(27)

Newspaper offices, printing and copying services;

(28)

Nursery, greenhouse;

(29)

Upholstery shop;

(30)

Hotel, motel, bed and breakfast;

(31)

Carwash;

(32)

Educational services;

(33)

Grocery and convenience stores;

(34)

Fraternal halls;

(35)

Exercise facility/spa;

(36)

Day care center;

(37)

Any uses not listed may be permitted if it is found that the proposed use conforms with the spirit and intent of all sections of the MC-1 zone.

(Ord. 899 §5, 2000).

Permitted accessory uses shall be subject to the development standards and performance standards outlined in this chapter unless otherwise noted in this chapter, or otherwise approved as part of a planned unit development. The following uses are permitted as an accessory use, only when in combination with a primary residential structure as permitted in subsection 17.29.040(1) and (2).

(1)

Indoor and outdoor recreational amenities located onsite and structures housing recreational amenities, only for the use of people onsite. Above or below ground out door private swimming pool shall be enclosed by a fence at least forty-eight inches high with a locking entry gate or otherwise in accordance with the International Building Code;

(2)

Outdoor patios and decks (covered or uncovered);

(3)

For multifamily structures containing twelve or more units: attached and detached garages, carports and onsite storage and/or maintenance type structure.

(Ord. 899 §6, 2000).

(Ord. No. 1027, § 25, 4-16-2013)

Development standards in the mixed use zone are intended to achieve a human-scale, pedestrian and transit-oriented environment. Unless otherwise stipulated in this chapter all property uses permitted in the MC-1 zoning district including permitted and conditional uses shall conform to the following development standards:

(1)

Minimum lot size is three thousand five hundred square feet;

(2)

Minimum lot width is forty feet at the building line, and having not less than thirty feet of street frontage;

(3)

Maximum lot coverage is eighty-five percent of the square footage for building and parking;

(4)

Setback requirements:

(A)

Front Yard: Five feet minimum setback requirements,

(B)

Interior Side Yard: Minimum interior side yard setback is five feet,

(C)

Corner Side Yard: Five feet minimum setback requirements,

(D)

Rear Yard: Five feet minimum setback requirements; unless the rear yard is directly adjacent to a major arterial in which case fifteen feet is the required rear yard setback.

(5)

Maximum building height of forty feet. The following types of structures or structural parts are not subject to the maximum building height limitations: aerials, chimneys, church spires, cupolas, domes, fire and hose towers, flagpoles, monuments, radio or television antennas, communication towers and associated antennas, water towers and other similar projections;

(6)

Off-street parking shall be in accordance with Chapter 17.36, Off-Street Parking;

(7)

Signs shall be in accordance with MLMC Chapter 17.39, Signs;

(8)

Landscaping: in accordance with Chapter 17.40, Landscaping, and Section 17.28.080 of this chapter;

(9)

Sidewalks shall be required in accordance with MLMC Chapter 11.20, Street and Sidewalk Classification and Specifications;

(10)

All developments, including site-specific, shall include a stormwater management plan that will comprehensively provide for all on-site drainage. The stormwater management plan shall meet the approval of the city public works director, and shall be completed or bonded prior to issuance of a final occupancy permit. When possible, the stormwater management plan should work in conjunction with MLMC Chapter 17.40, Landscaping.

(Ord. 899 §7, 2000).

(Ord. No. 1027, § 26, 4-16-2013)

All uses permitted in the MC-1 zone shall meet the following standards:

(a)

Mixed-use development shall conform to the development standards set forth in this chapter for the MC-1 zoning district in which the development is located except as provided below:

(1)

No additional parking spaces shall be required for the residential portion of mixed-use development for projects with one or two dwelling units. Nonresidential parking areas shall conform to the standards set forth in Chapter 17.36, Off-Street Parking.

(2)

Mixed-use development containing more than two dwelling units may combine up to thirty percent of the required residential parking spaces with the commercial spaces as required pursuant to Chapter 17.36 except where the proposed commercial use is intended to operate during the evening or nighttime hours.

(b)

Mixed-use development where a mixed-use project consists of a single structure on a parcel of land, the following shall apply:

(1)

More than fifty percent of the gross first floor area shall be devoted to commercial uses for any structure or group of structures.

(2)

If a structure is multi-storied, a minimum of eighty percent of the ground floor shall be devoted to commercial uses.

(3)

If a structure is single-storied, the commercial use shall be located in the front half of the structure (that facing the street).

(c)

Mixed-use development where a mixed-use project consists of two or more structures on a parcel of land, the following shall apply:

More than fifty percent of the combined gross floor area of all structures shall be devoted to commercial uses.

(d)

Mixed-use developments shall provide pedestrian walkways or sidewalks connecting the residential and commercial uses to each other within the project site. Such mixed-use developments shall be encouraged to provide pedestrian walkways or sidewalks connecting the residential and commercial uses adjacent to commercial, residential, and civic uses.

(e)

Any multiple-family residential structure in an MC-1 mixed use zone shall meet in addition to the other requirements of this chapter, the following conditions:

(1)

All multiple-family developments within the MC-1 zone shall consist of a minimum of twelve dwelling units.

(2)

Minimum floor: The minimum square feet of floor area, as measured around the perimeter of the structure, not to include an attached garage or other attached accessory use shall be as follows:

(A)

Single-story structure: not less than one thousand three hundred square feet;

(B)

Two-story and taller structure: not less than one thousand three hundred square feet;

(C)

Two-story and taller structure: not less than one thousand square feet on each story; provided that if the main floor has not less than one thousand three hundred square feet, no minimum footage shall be required on the other story(ies).

(f)

Accessory use performance standards for multiple-family structures shall meet the following minimum requirements:

Attached garage, carport, storage, maintenance, and/or structure that combines these uses as permitted by this chapter shall meet the following provisions as minimum standards:

(1)

Foundation: A permanent, perimeter masonry, wood, or concrete foundation shall be required matching that of the primary structure.

(2)

Maximum floor: The structure may be up to a maximum floor area not to exceed eighty percent of the total floor area of the permitted primary structure or structures served.

(3)

Siding and roofing: Siding and roofing materials shall be matching in color and composition to those of the primary structure.

(4)

Subsection 17.29.070(g) of this chapter shall apply.

(g)

Cornices, eaves, gutters, sunshades and other similar architectural features may project not more than two feet into a required yard (setback). Chimneys and gas fireplace exhaust vents may project eighteen inches into a required yard (setback).

(h)

Refuse storage: All outdoor trash or refuse receptacles shall be screened on all sides from public view with a one hundred percent sight-obscuring fence or Type I landscaping in accordance with subsection m of this section.

(i)

Within the central business district, and refuse collection/storage areas will not be permitted between the street (or streets on a corner lot), and the commercial establishment they service.

(j)

Facilities or establishments that generate or depend upon traffic flow for business, such as drive-in or drive-through banks, restaurants, laundries, etc., will not be permitted unless they meet the following criteria:

(1)

The drive-in or drive-through facility and its associated driveways and parking spaces have a dedicated site of not less than four thousand square feet;

(2)

Each drive-in or drive-through facility will have a dedicated entrance and exit from the street, independent of any other collocated users.

(k)

Exterior mechanical devices: All HVAC equipment, pumps, heaters and other mechanical devices shall be screened from view from all public right-of-way with a one hundred percent sight-obscuring fence or Type I landscaping as outlined in subsection m of this section.

(l)

Outdoor lighting: Within one hundred feet of any residential use or zone, outdoor lighting and aerial mounted floodlighting shall be shielded from above in such a manner so that the bottom edge of the light shield shall be below the light source. Such lighting shall be shielded so that direct illumination shall be confined to the property boundaries of the light source. Temporary outdoor lighting intended to advertise a temporary promotional event shall be exempt from this requirement.

(m)

Screening of uses: Commercial, residential and mixed-use uses shall provide and maintain sight-obscuring Type I landscaping in accordance with MLMC Chapter 17.40, Landscaping, and Section 17.29.080 between the commercial use and any residential use or zone, regardless of development status. Fencing may be used in conjunction with required landscaping to provide screening. Residential uses hereafter shall provide and maintain sight-obscuring screening between the residential use and any commercial use or zone, regardless of development status. If sight-obscuring fencing is utilized, the height of the barrier shall be six feet except in the front yard setback, in which case the provisions of MLMC Section 17.37.020 (b)(2)(A)(i), shall apply. Screening comprised only of landscaping materials shall be in accordance with the provisions of MLMC Section 17.40.080(4)(A) and (B).

(n)

All development permit applications are subject to a concurrency test as stipulated in MLMC Chapter 16.02, Concurrency Management.

(o)

Substandard lots exempted: All substandard lots created prior to January 1, 1984 shall be exempt from the minimum lot size, minimum street frontage, and minimum lot width requirements set forth in this chapter.

(Ord. 899 §8, 2000).

It is a goal of the city to protect its citizen's health, safety, and welfare by using well-designed landscaping to create a more harmonious existence between residential and commercial activities in the MC-1 mixed use zone. With this consideration in mind, the following shall apply to all landscaping plans in the MC-1 zone:

(a)

Landscaping requirements at a minimum shall conform to MLMC Chapter 17.40, Landscaping.

(b)

The applicant shall submit a landscaping plan per MLMC Section 17.40.030 with the following additional requirements:

(1)

Landscaping plans shall be prepared by a certified landscape architect, Washington State Certified Nursery Professional, Washington State Certified Landscaper or a person with a minimum of four years experience in landscape design and approved by the planner.

The planner may waive the requirement that landscaping plans be prepared by a certified designer for any development on lots of five thousand square feet or less.

(2)

A continuous five-foot wide (average) area of landscaping along the street right-of-way shall be required.

(A)

The length of the landscaping area shall be the entire frontage of the property along the street right-of-way, except driveway entrances and building entrances. In no event, however, shall the length of the landscaping area be less than fifty percent of the length of the property line along the street right-of-way.

(B)

In those circumstances where access, building location, utilities, or other factors restrict the ability to meet the minimum fifty percent standard, the applicant shall be required to provide the landscaping elsewhere on the property.

(3)

Landscaping and screening shall be required along the perimeter of property, except along street frontage as required above.

(A)

The perimeter landscape screening shall provide visual relief by obstructing storage areas and parking lots from view from property abutting, adjoining, or facing a development subject to this chapter.

(B)

Landscaping along the perimeter of building shall be required to create a softening effect by reducing the amount of visual, straightline architecture.

(C)

Maintenance of landscaping shall be in accordance with MLMC Section 17.40.090.

(c)

Permit Actions. Landscape plans shall be reviewed by the planning commission prior to the issuance of any building permit for compliance with MLMC Chapter 17.40, Landscaping, and the provisions of Section 17.29.080. The planning commission shall act in an advisory capacity and make recommendations to the city planner to approve, approve with modification, or disapprove the landscaping plan per the requirements of MLMC Chapter 17.40 and this section.

(Ord. 899 §9, 2000).