The city of Ridgefield recognizes lands within employment (E) district as a regional employment resource. Because such resources are limited, these districts are designed to conserve land for job-creating opportunities. The district substantially limits retail, commercial, and residential developments, which incrementally decrease the limited supply of vacant, buildable employment land in the city.

A.

Employment District (E). This district provides for a wide range of employment generating uses such as light manufacturing and processing, research and corporate offices, business and professional services, and supporting enterprises. The district expressly prohibits retail enterprises which cater to the general public including membership retail operations.

B.

Employment Mixed Use Overlay (EMUO). The city recognizes that the optional development of master planned mixed use sites consistent with this chapter has the potential to increase employment opportunities within these zones. The city has created the employment mixed use overlay (EMUO) to provide for a mix of compatible light industrial, service, office, retail, and limited residential uses in certain areas designated within the E zone. The EMUO allows retail and residential uses that would otherwise be prohibited in the underlying E zoning district. Uses can achieve improved efficiency and flexibility beyond the base zones through the application of master planning opportunities. Master planning requires compliance with additional siting and performance standards.

(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1226, § 2(Exh. A), 12-15-2016; Ord. No. 1253, § 2(Exh. A), 12-7-2017; Ord. No. 1304, § 3(Exh. A), 12-5-2019)

A.

The E zoning district implements the Employment (EP) comprehensive plan designation and shall be applied to all newly annexed EP lands.

B.

Full site improvements are required for parking, lighting, landscaping, walkways, storage space, and service areas if a development proposal is:

1.

New development;

2.

Expanding the square footage of an existing structure by twenty percent; or

3.

The construction valuation is fifty percent of the existing site and building valuation.

(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1226, § 2(Exh. A), 12-15-2016)

A.

Master planning is required for EMUO projects. EMUO master plans shall comply with Section 18.240.110 RDC.

B.

Non-EMUO Master Plans. An E project comprising twenty or more acres as either one parcel or parcels under common ownership or control shall be subject to the following master plan requirements. The term 'project' applies to development review, such as site planning, and does not apply to subdivision of land.

1.

Criteria. The master plan, at a minimum, shall address the following approval criteria:

a.

The master plan shall demonstrate site compliance with Chapter 18.280, Critical Areas.

b.

Adequate access shall be provided for vehicular, transit, pedestrian and bicycle transportation to each property within the master planning area. The circulation plan shall show proposed lot patterns, storage areas and building footprints, and shall address vehicular, transit, pedestrian and bicycle transportation, access limitation and engineering issues.

c.

The master plan shall show how capital facilities (sanitary sewer, water, storm drainage) and utilities can be provided efficiently to the site, consistent with city engineering standards and the RCFP.

2.

Review. Master plans shall be reviewed through a Type II site plan review consistent with RDC 18.500. Subdivision of land, not associated with development review, shall be reviewed through the subdivision review process.

(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1226, § 2(Exh. A), 12-15-2016)

A.

Uses within the E districts shall comply with RDC 18.205.

(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1226, § 2(Exh. A), 12-15-2016)

Editor's note— Ord. No. 1226, § 2(Exh. A), adopted Dec. 15, 2016, repealed § 18.240.040, which pertained to special use exceptions within the OFF district and derived from Ord. No. 1132, § 2(Exh. A), adopted July 11, 2013.

A.

There are no minimum or maximum lot area, lot width or lot depth requirements in the E districts.

(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1226, § 2(Exh. A), 12-15-2016)

_____

A.

Dimensional standards shall comply with Table 18.240.055-1.

Table 18.240.055-1

Notes: 1. Based upon required landscaping buffer; see RDC Table 18.725.055-1.

Table Notes:

(1)

Where an E lot abuts a lot zoned for low density residential use buildings shall be stair-stepped back from the abutting residential zoning. To accomplish this, the maximum height allowed at the yard setback line shall be thirty-five feet, fifty feet at a line ten feet inward from the setback line and sixty-five feet at a distance of twenty feet from the setback line.

B.

When development is proposed on two or more contiguous parcels, the dimensional standards of this section shall be applied treating the development as one parcel for purposes of this section. Setbacks shall be required for the exterior perimeter of the development, and shall not apply along property lines interior to the development provided that building separation requirements for fire and life safety are met.

(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1178, § 2(Exh. A), 2-12-2015; Ord. No. 1226, § 2(Exh. A), 12-15-2016; Ord. No. 1232, § 2(Exh. A), 4-27-2017; Ord. No. 1234, § 2(Exh. A), 6-22-2017)

_____

A.

E District Standards.

1.

Applicability. The requirements of Section 18.235.060.I apply to:

a.

New buildings of any size,

b.

The addition to or remodel of an existing building that increases the square footage of the building by twenty percent, and

c.

The addition to or remodel of an existing building where the construction valuation is fifty percent or greater of the existing site and building valuation.

2.

All structures proposed to be sited on parcels zoned Employment (E) adjacent to Interstate 5 right-of-way shall comply with the Commercial Design Standards found in Section 18.230.055.

3.

Building design shall reinforce the building's location adjacent to street edge and public space.

4.

All blank walls facing an arterial, minor arterial or collector street shall be articulated in one or more of the following ways:

a.

Installing a vertical trellis in front of the wall with climbing vines or planting materials.

b.

Providing a landscaped planting bed at and five feet wide in front of the wall with plant materials that can obscure at least twenty percent of the wall's surface within three years.

c.

Providing texture or artwork (mosaic, mural, sculpture, relief, etc.) over the blank wall surface.

d.

Other equivalent methods that provides for enhancement of the wall.

5.

Where the lot abuts an arterial, minor arterial or collector street, at least one main entrance of a building shall face directly onto a sidewalk along a street. Entrances shall be made physically and visually inviting by incorporating a minimum of two of the following entry enhancement features:

a.

Additional landscaping equal to ten percent of required site landscaping within ten feet of either side of the entry;

b.

At least two hundred square feet of paving materials different from the street sidewalk;

c.

At least one hundred square feet of awning, marquee, or arcade over the entry;

d.

At least two hundred square feet of pedestrian plaza with landscaping and benches that is attached to the entry;

e.

Entry recessed from the facade surface by at least three feet; or

f.

Accent lighting.

6.

On lots fronting an intersection where at least one leg of the intersection is an arterial, minor arterial or collector street, the building shall accentuate the street-facing corner by including pedestrian access at the corner.

7.

The following accessory structures and uses shall be screened by a fence or landscaping to a value of eighty percent year-round opacity from public view along an arterial, minor arterial or collector street:

a.

All on-site service areas, loading zones, outdoor storage areas, garbage collection, recycling areas, and similar activities. Design of exterior storage areas shall comply with engineering standards and the comprehensive stormwater management plan (CSMP), including roof cover, paving, and runoff containment, to prevent nonstormwater discharges from entering the stormwater drainage system.

b.

Utility vaults, ground-mounted mechanical units, trash receptacles and other similar structures.

c.

Satellite dishes or pedestrian-oriented waste receptacles along walkways are not required to comply with this standard.

8.

Mechanical units, utility equipment, elevator equipment, and telecommunication equipment located on the roof shall be grouped together, incorporated into the roof design, and/or screened from adjacent walkways to a value of eighty percent year-round opacity.

9.

Outdoor storage of materials shall generally be located to the rear or side of the site and shall not be located adjacent to any street with a classification of "collector" or higher or any street that is projected to carry more than two thousand average daily trips. Adjacent in this context shall mean without an intervening element such as a building or parking area, but not including a fence or wall, between the street right-of-way and the outdoor storage area. If the location of outdoor storage areas to the rear or side of the site is not practical due to site constraints additional landscaping immediately adjacent to the right-of-way to a L5 standard fifteen feet in depth shall apply.

B.

Site configurations in the E zone shall avoid creating entrapment areas such as dead-end pathways where a pedestrian could be trapped by an aggressor.

C.

In the E zone, the site and buildings shall provide sight lines to allow observation of outdoor spaces by building occupants. Buildings should be sited so that windows, balconies and entries overlook pedestrian routes and parking areas and allow for informal surveillance of these areas, where possible.

(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1226, § 2(Exh. A), 12-15-2016; Ord. No. 1232, § 2(Exh. A), 4-27-2017; Ord. No. 1266, § 2(Exh. A), 9-13-2018; Ord. No. 1273, § 2(Exh. A), 10-11-2018; Ord. No. 1296, § 2(Exh. A), 10-10-2019; Ord. No. 1370, § 2(Exh. A), 9-8-2022; Ord. No. 1406, § 2(Exh. A), 7-13-2023)

The city may permit signs subject to compliance with Chapter 18.710.

(Ord. No. 1132, § 2(Exh. A), 7-11-2013)

A.

Lighting shall comply with the requirements of RDC 18.715.

B.

Parking area light post height shall not exceed twenty-five feet if the pole is located within twenty-five feet of a residential zone.

C.

All building entrances shall be illuminated.

(Ord. No. 1132, § 2(Exh. A), 7-11-2013)

A.

Off-street parking and loading shall be provided as required by RDC 18.720.

B.

No more than fifty percent of a lot abutting an arterial, minor arterial or collector street may be dedicated to parking area along the arterial or collector street frontage.

1.

Sites with the following primary uses are exempt from the requirement in (B) when such a primary use occupies at least fifty thousand square feet: Light manufacturing, research and development, freight/cargo movement and storage, fleet service, warehousing, wholesale retail, and computer and electronics manufacturing.

C.

On corner lots where one leg of the intersection is an arterial, minor arterial, or collector street, the parking area shall be no closer than the lesser of one hundred feet or twenty-five percent of the street frontage, measured horizontally along the frontage, from the intersecting rights-of-way of the arterial, minor arterial, or collector street with another street.

D.

Where the subject lot abuts a public street at the front and rear of the lot, the parking area shall take access from the street with the lowest street classification.

E.

Off-street loading is not permitted within twenty-five feet of a public right-of-way.

(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1232, § 2(Exh. A), 4-27-2017; Ord. No. 1325, § 2(Exh. A), 9-24-2020)

A.

Landscaping shall meet the requirements of RDC 18.725 and the requirements of this section.

B.

All new development projects within the E districts shall submit landscaping plans that meet the requirements of RDC 18.725.070.

C.

Beyond the requirements in RDC Table 18.725.050-1, landscaping buffers shall be provided as follows:

1.

Where an E lot abuts an arterial, minor arterial or collector street, a twenty-five-foot buffer landscaped to a L2 standard shall be provided.

2.

Where an E lot is adjacent to another E lot, landscaped buffers along shared property lines not facing the street may be reduced to zero feet, except those site areas proposed for outdoor storage of materials.

a.

Areas proposed for outdoor storage of materials shall provide a ten-foot landscape buffer to an L3 standard.

D.

Development within the E district shall landscape a minimum of fifteen percent of the gross site acreage.

E.

An applicant may offset the landscaping requirement by providing on-site recreation facilities for tenants and employees.

1.

For every square foot of on-site recreational facilities provided, the development may offset the required landscaping area by one square foot, up to a maximum of fifty percent of the total site landscaping requirement.

2.

The offset may not be used to reduce landscaping buffers and setbacks required by RDC 18.240.090.C and 18.725.050.

3.

On-site recreation facilities may include, but are not limited to: trails, exercise stations, game courts (such as for basketball, volleyball, racquet ball or badminton), picnic tables, community garden plots, other active recreation facilities as defined by RDC 18.100, or other features determined by the community development director to be materially similar to the above-listed facilities.

a.

Community garden areas shall be fenced, and include a shared tool shed and water source for irrigation. Community gardens created under this section are not subject to the requirements of the city's community garden program.

4.

Recreation facilities must be accessible to employees and tenants, but does not have to be made available to general public.

5.

The business occupying the site shall maintain the recreation facilities in a fully functional condition.

6.

In the event that the property owner or developer elects to convert all or a portion of the recreation facilities to non-recreational use, the applicant shall install sufficient landscaping to replace the recreation areas so that the site meets the landscaping requirements of 18.240.090.D and 18.725.050. The city shall review the conversion proposal through a Type I site plan review process.

F.

Critical Areas Offset.

1.

Critical areas shall be designated on a site plan and permanently protected through dedication to the city, a conservation easement or other binding instrument consistent with RDC 18.280.

2.

For every two square feet of protected critical area, the city may offset the required landscaping by one foot up to a maximum of fifty percent of the required landscape area. The critical area offset may not be applied to reduce the landscape buffers and setbacks required by RDC 18.240.090.C and 18.725.050.

G.

Combined Landscaping Offset. The on-site recreation facility and critical areas offsets may be used in combination but may not exceed fifty percent of the total required landscaped area.

H.

Installation and Maintenance. All required landscaping shall be installed prior to occupancy and continuously maintained as a condition of use by the owner or developer.

(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1226, § 2(Exh. A), 12-15-2016)

A.

Fences shall comply with the provisions of RDC 18.740.

B.

Fences designed for privacy, security, and/or screening shall be made of material that is compatible with the building design. For example, the building material may be repeated on fence columns and/or stringers.

1.

Chain link fences are discouraged and may only be used in areas not visible from any public right-of-way, adjacent property, or onsite common open area. If used, black, dark brown or dark-toned coated chain link fencing with matching posts and rails shall be required.

2.

Barbed wire, razor wire, electric and similar dangerous fences shall not be used except for specific conditions where the applicant demonstrates they are required for security reasons. Landscaping may be required, as determined by the planning director, to reduce the visual impact of barbed wire, razor wire, electric and similar dangerous fences to the public.

C.

Fences for screening and security adjacent to sidewalk on an arterial, minor arterial or collector street may be used only in combination with trellis, landscaping, or other design alternatives to separate such fence from pedestrian environment.

(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1325, § 2(Exh. A), 9-24-2020)

No land or structure shall be used or occupied within this district unless there is continuing compliance with the following minimum performance standards:

A.

Maximum permissible noise levels shall be as determined by WAC 173.60, as amended.

B.

Vibration. Vibration other than that caused by highway vehicles which is discernible without instruments at the property line of the use concerned, is prohibited.

C.

Smoke and Particulate Matter. Air emissions must be approved by the Southwest Washington Clean Air Agency.

D.

Heat and Glare. Except for exterior lighting, operations producing heat and glare shall be conducted entirely within an enclosed building.

E.

Administrative Review. As a condition for the granting of a building permit, at the request of the city information sufficient to determine the degree of compliance with the standards in this subsection shall be furnished by the applicant. Such information may include continuous records of operation, periodic checks to assure maintenance of standards, or special surveys.

(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1232, § 2(Exh. A), 4-27-2017)

A.

Purpose. The EMUO implements the employment mixed use designation in the RUACP and is intended to provide for a mix of compatible light industrial, service, office, retail, and residential uses. As further detailed in this chapter, the mix of uses is to be mutually supporting and pedestrian- and transit-oriented. Through the development standards described in Section 18.240.110(F), the EMUO promotes physical and functional integration, coordination, cohesive site planning and design that maximizes land use. It also encourages the development of a compact, active environment that is expected to:

1.

Achieve the goals and objectives of the RUACP.

2.

Provide additional family wage employment opportunities.

3.

Enhance livability, environmental quality, and economic vitality.

4.

Maximize efficient use of public facilities and services.

5.

Accommodate medium and higher density housing when integrated into a master plan.

6.

Reduce the number of automobile trips and encourage alternative modes of transportation.

7.

Create a safe, attractive and convenient environment for living, working, recreating and traveling.

B.

General Applicability. The provisions of this section may be applied to any parcel or an aggregation of parcels under an applicant's common ownership or control of forty gross acres or greater that are designated EMUO on the RUACP map at the election of an applicant. In the event an applicant elects to file an EMUO master plan application instead of an E master plan application, the applicant shall comply with all of the provisions of this section and unless otherwise provided, Sections 18.240.020 through 18.240.095 of this chapter shall not apply. An EMUO master plan, at a minimum, shall address the following approval criteria:

1.

Critical Areas. When development impacts lands regulated by RDC 18.280, Critical Areas, the development project shall comply with all applicable standards in 18.280.

2.

Adequate access shall be provided for vehicles, transit, bicycles, and pedestrians to each property within the master planning area. The circulation plan shall address vehicular, bus, pedestrian and bicycle transportation, access limitation and engineering issues.

3.

The EMUO master plan shall show how capital facilities (sanitary sewer, water, storm drainage) and utilities can be provided efficiently to the site, consistent with city engineering standards and the CFP.

4.

Flag lots are specifically discouraged unless there is no reasonable alternative, as determined by the city engineer.

5.

Each of the parcels within an approved EMUO master plan need not be contiguous provided that noncontiguous parcels are designed to achieve physical and functional integration as defined by this code with contiguous parcels within the master plan, that noncontiguous areas are geographically separated by no more than one mile, that development on noncontiguous parcels complies with all adopted EMUO development standards and provided that any noncontiguous parcel have a minimum size of forty gross acres or greater. Properties cannot be in a master plan if there is a built or natural barrier that does not allow the achievement of physical and functional integration.

C.

EMUO Master Planning Process.

1.

The purpose of the master planning process is to:

a.

Assure that the proposed master plan is considered as a whole and conforms to the RUACP. The master plan may serve to allow flexibility of uses and development standards. Any other reviews needed for the development review process, such as conditional uses, plan amendments, subdivisions, variances or zone changes may be considered at the same time as the master plan; provided, that the applications for these other permits comply with the city's submittal requirements;

b.

Assure that phased development is properly coordinated;

c.

Provide the applicant with reliable assurances of the city's expectation for the overall project as a basis for the applicant's detailed planning and investment.

2.

Requirements. An EMUO master plan must include a concept plan that shows the location and distribution of land uses and related facilities. The following components are required:

a.

Boundaries of the Site and Existing Conditions. The master plan must show the current and potential future boundaries of the site for the duration of the master plan and existing conditions such as environmental constraints, utility services, existing structures and uses and existing transportation improvements.

b.

General Statement. The master plan must include a narrative that generally describes the uses and site as well as expansion plans for the duration of the EMUO master plan. An applicant shall calculate the approximate net developable acres of proposed uses and net densities by type, area of public rights-of-way, the percentage of impervious surfaces and the approximate amount, location and type of sensitive lands impacted.

c.

A SEPA Checklist.

d.

Master Plan. The master plan must generally show the proposed division of land and distribution of proposed uses and the items described in subsections (C)(2)(a) and (b) of this section. Additional information may include:

i.

Conceptual plans for potential future uses;

ii.

Conceptual plans for improvements planned in conjunction with the proposed use(s); and

iii.

General locations of usable open space, any land proposed to be dedicated for open space, pedestrian and transit connection between the site and public or private streets serving the EMUO master plan and connecting to off-site open space, and internal circulation (both auto and pedestrian).

e.

Development Standards. The applicant may propose standards that will control development of the future uses that are in addition to or substitute for the requirements of this section as set forth in a duly approved development agreement pursuant to RDC 18.310.150, provided they are consistent with the RUACP and RCFP.

f.

Phasing of Development. The master plan shall include the proposed development phases, probable sequence of future phases, estimated dates and interim uses of the property awaiting development. In addition, the plan shall identify any proposed temporary uses or locations of uses during construction periods.

g.

Transportation and Parking. The master plan shall include information on the following items for each phase:

i.

Projected Transportation Impacts. This includes the expected number of trips (peak and daily), an analysis of the impact of those trips on the street system, and the proposed mitigation measures. Mitigation measures may include improvements to the street system or specific programs to reduce traffic impacts, including transportation demand management techniques, such as encouraging the use of public transit, carpool, vanpools, adjustment of work hours and other alternatives to single occupancy vehicles. A transportation impact study may be substituted for these requirements and shall be required for any development within a master plan that is projected to generate more than ten peak hour trips.

ii.

Proposed Parking Impacts. This information includes: projected peak-hour parking demand, an analysis of this demand compared to proposed on-site and off-site parking supply, potential impacts to the on-street parking system and adjacent land uses and mitigation measures.

h.

Procedures.

i.

Master plan preapplication meetings are required prior to submitting a conceptual master plan.

ii.

The master plan review shall be processed in accordance with the procedures of a Type III land use review per this title.

iii.

Type II site plan review is required for each phase of development within the master plan, unless otherwise specified herein.

iv.

In lieu of compliance with the general modification procedures of Chapter 18.350 RDC, any modifications, additions or changes to an approved EMUO master plan are subject to the following:

a.

Minor changes as defined in this subsection shall be reviewed as a Type I post-decision review process and a determination made by the planning director. To be considered minor, the modification must meet the following criteria:

i.

A minor modification shall not result in a deviation to a numeric performance standard of more than ten percent. Examples of minor modifications include but are not limited to minor relocation of buildings or landscaped areas, moving an approved use from one part of a master plan site to another part, minor changes in phasing and timing, and minor changes in elevations of buildings and also include modification that will result in:

(A)

No more than a ten percent reduction in the amount of landscaping, buffering and open space, or the relocation of open space;

(B)

No more than a ten percent reduction in the amount of parking is proposed;

(C)

No more than a ten percent reduction of any landscape buffer, in width or density of planting, between the development and adjoining properties is proposed;

(D)

No more than a ten percent increase in the total ground area covered by buildings or other impervious surfaces is proposed;

(E)

No more than a ten percent change in the preservation of trees or other unique natural features which were required to be preserved by the master plan approval is proposed;

(F)

No structures are relocated closer to the perimeter of the site, to water bodies or to sensitive areas;

(G)

No more than a ten percent increase in traffic volumes; and

(H)

No more than a ten percent change in trip generation is proposed.

b.

Moderate changes that do not affect the general concept for development of the site as set out in the EMUO master plan shall be reviewed as a Type II post-decision review process. To be considered moderate, the modification must meet the following criteria:

i.

A moderate modification shall not result in a deviation to a numeric performance standard of more than twenty percent. Examples of moderate modifications are ones that will result in:

(A)

No more than a twenty percent reduction in the amount of landscaping, buffering and open space, or the relocation of open space is proposed;

(B)

No more than a twenty percent reduction in the amount of parking is proposed;

(C)

No more than a twenty percent reduction of any landscape buffer, in width or density of planting, between the development and adjoining properties is proposed;

(D)

No more than a twenty percent increase in the total ground area covered by buildings or other impervious surfaces is proposed;

(E)

No more than a twenty percent change in the preservation of trees or other unique natural features which were required to be preserved by the preliminary master plan approval is proposed;

(F)

No more than a twenty percent increase in traffic volumes; and

(G)

No more than a twenty percent change in trip generation is proposed.

c.

Major changes that do not meet the above criteria for minor or moderate modifications shall be subject to a Type III land use review per this title, subject to fees in effect at the time of the change request application.

v.

Projects approved as part of an EMUO master plan do not require an additional public hearing on a project specific basis so long as the original master plan is followed unless a conditional use permit, variance or other permit in and of itself requires a Type III post-decision review. Unless otherwise required, further review of master plan projects shall be conducted by means of a Type II—Site plan review process.

D.

Required Mix of Uses. A mix of uses, either within a single building or within a master plan, must be provided. In the case of a mix of uses within a single building, the percentage of allowable uses shall be calculated with reference to the gross square feet devoted to each type of use, and in the case of mix of uses in a master plan, the percentage of uses shall be calculated with reference to the net developable acres devoted to each type of use.

There is no maximum percentage of net developable acres devoted to employment uses that must be provided. The required mix of uses either within a single building or in a master plan shall include:

1.

If an applicant for an EMUO master plan site elects to provide residential units within an EMUO master plan pursuant to this section, the following standards will apply:

a.

Except as otherwise modified by RDC 18.240.110, the medium density residential districts provisions of Chapter 18.220 RDC shall apply to residential development within an EMUO master plan site.

b.

Except as provided in Section 18.240.110(D)(2)(c) RDC, a maximum of one residential unit for each net developable acre of an EMUO master plan site shall be permitted within an EMUO master plan site.

c.

For residential units located above the ground floor of a structure containing commercial or employment uses, one additional residential unit, over and above the allocation set forth in Section 18.240.100(D)(2)(b) RDC, for each net developable acre of an EMUO master plan site shall be permitted within an EMUO master plan site.

d.

If the applicant elects to include residential uses in the EMUO master plan, the minimum average residential density within an EMUO master plan site shall be ten dwelling units per net developable acre and the maximum density shall be sixteen residential units per net developable acre.

e.

The permitted residential uses are listed in Table 18.240.1 RDC.

f.

If an applicant for an EMUO master plan site elects to provide residential units within an EMUO master plan pursuant to this section, then at the master plan approval stage, the maximum residential allocation for the entire master plan site (except units located above commercial or employment uses) shall be calculated at a rate of one residential dwelling unit per net developable acre of the master plan site. The number of housing units constructed in any one year shall not exceed twenty percent of the total allocation for a master plan site; provided, however, if an applicant does not construct up to twenty percent of the residential allocation in any one year, then the applicant shall be entitled to add the unused number of housing units from that year to the annual sub-allocation of any following year up to the allowed percentage of that following year. ¹ After constructing sixty percent of the housing units allocated to a master plan site, before an applicant is entitled to construct the remaining forty percent of the residential unit allocation, the applicant must provide a certain number of family wage job opportunities in accordance with the following table:

_____

Table 18.240.110-1

¹  For illustrative purposes only, if an approved master plan includes one hundred housing units, up to twenty percent of those units can be built in any one year after master plan approval; another twenty percent of those units can be constructed in a following year; and so on with the potential of an applicant constructing twenty percent of the one hundred units, or twenty units, each year over a period of five years. If an applicant only constructs fifteen percent of the first year's allocation, then in the second year, the applicant can construct up to twenty-five percent of the total housing units.

_____

g.

An applicant shall have the option of constructing commercial uses, up to the maximum percentage permitted, and employment uses within a master plan site in advance of constructing any allowable residential units and in such case, the maximum residential units that may be constructed concurrently or subsequent to construction of the commercial or employment uses, shall correspond to the number of family wage employment opportunities provided according to the formulas in the above table.

h.

For the purposes of Section 18.240.110(D)(2)(f) RDC, an applicant shall be deemed to have provided nine family wage employment opportunities per each residential unit constructed, if (1) the employers within the EMUO master plan site fall into any of the employment categories listed in a document entitled Family Wage Employment Categories adopted by city council in a resolution, as may be updated from time to time, where such list shall also include a percentage of family wage job opportunities typically found in each employment category, or, in the alternative if the category is not on the list, the employers demonstrate to the city through other records that it is providing family wage employment opportunities, and (2) the average number of employees within the EMUO master plan site equals nine family wage employment opportunities per residential unit constructed at the time of the calculation. The city shall keep on record, as part of its business licensing program, information about each employer within an EMUO master plan site, including each employer's employment categories and the number of employees in each category. Such employer information need only be updated upon business license renewal or issuance.

i.

The total maximum residential allocation for an EMUO master plan site shall encumber the entire site for the period of time established in a development agreement adopted pursuant to Section 18.310.150 RDC so that in the event the master plan site is subdivided and held in separate ownership, the total maximum residential allocation shall apply to the initial master plan site for the stated term.

2.

Commercial. A maximum of twenty percent of the net developable acres may be devoted to the commercial uses defined in Section 18.100 RDC. There is no minimum percentage of net developable acres devoted to commercial uses that must be provided.

3.

Existing Uses. Any existing use included in an EMUO master plan shall be allowed to continue, even if such use is not a permitted or conditional use listed in Table 18.240.1, until that use is abandoned; provided, however that should an existing use be included in an EMUO master plan the design standards contained in Section 18.240.110(F) RDC shall apply if a major modification, as defined in Section 18.240.110(C)(2)(h)(v)(c) RDC, is proposed for the existing use or structure. Any existing use included in a EMUO master plan shall be counted toward the required calculations for allowable uses under the EMUO.

E.

Permitted and Conditional Uses. The city permits the following uses in an EMUO master plan:

Table 18.240.110-2

X—prohibited use   P—permitted use   C—conditional use

¹  The term "zone" applies to areas with the EMUO master plan and not to city adopted zoning districts.

F.

Development Standards. The development standards set forth in this section, and any development standards contained in a development agreement adopted pursuant to Section 18.310.150 RDC apply in lieu of any other development standards contained in RDC, unless otherwise provided. The standards in this section shall apply to any mix of development that is proposed for an EMUO master plan site; provided, however, that an applicant may propose new development standards that are consistent with the RUACP and the purpose of the EMUO. Development standards that differ from the standards in this section will be reviewed as part of the city's review of the EMUO master plan and shall be included in a development agreement adopted pursuant to Section 18.310.150 RDC.

Table 18.240.110-3

² Multi-family housing includes apartments, townhouses, duplex housing, condominiums and other attached dwelling units.

³ No residential units allowed on ground floor of structure.

⁴ Non-residential uses on ground floor of structure limited to twenty percent of the gross floor area of a single building.

⁵ All commercial uses are limited to a combined maximum area of twenty percent of net acres of the mixed-use master plan site.

⁶ This category includes a wide range of retail sales, including grocery stores, general and specialty merchandise. Low-impact retail sales uses typically do not have offensive odors, noise, or visual impacts. Such uses usually do not have significant truck traffic and have no outdoor storage areas.

⁷ These uses must comply with the low impact—retail site and design standards.

⁸ High impact (heavy) commercial uses include outdoor nurseries, lumber and building materials, farm equipment, heavy equipment rental, and the like. Such uses typically have large, outdoor storage areas, significant truck traffic and often rely on heavy equipment. Such uses may be noisy or have other off-site impacts. However, if impacts can be fully mitigated, such uses may be permitted conditionally in certain zoning districts.

⁹ See Section 18.100.083 RDC.

¹⁰ Less than ten beds in a single structure.

¹¹ Auto-oriented uses are limited to frontage and access onto designated arterial and collector streets.

¹² Transit facilities, police and fire stations and other government administrative buildings.

¹³ Public middle, junior high and high schools; colleges and universities; hospitals, health clinics and urgent care facilities; churches; non-elementary religious and private schools; and amusement uses.

¹⁴ If use includes retail component.

¹⁵ A facility less than five thousand square feet for the creation of craftsman products sold at retail.

¹⁶ Essential public services and facilities as defined under 36.70A.200 RCW.

¹⁷ Retail components of office uses will be considered as part of the twenty percent maximum commercial area allowed in a mixed-use project.

¹⁸ This use may be allowed on the ground floor of a multi-story residential building.

¹⁹ Floor area ratio means the amount of gross square feet of a building compared to one square foot of net developable land. A 0.25:1 ratio would mean that for every square foot of net developable land, there must be 0.25 gross square feet of building. Each floor of a multi-storied building is counted in the calculation. In calculating floor area ratio for a phased development, the applicant shall meet the applicable FAR for only that portion of the master plan site which is subject to site plan review.

²⁰ "Average minimum" shall mean that an applicant may provide less than the minimum number of residential units on portions of a master plan site as long as the average minimum number of dwelling units for the entire master plan site is not less than ten dwelling units per acre.

²¹ Buffer and setback widths are imposed on the site being developed.

²² The setback shall be measured from edge of street right-of-way at the property line. The following uses shall be allowed within a setback: open space, sidewalks, other pedestrian ways and pedestrian amenities such as benches, outdoor restaurant seating and bike racks, stormwater facilities, parking facilities and drive lanes.

²³ Landscape buffers shall be developed consistent with Table 18.500.050(B) RDC.

²⁴ No landscape buffer required.

^24a Except for industrial distribution facilities which will have no maximum setback but will provide a minimum fifty foot landscape buffer with standards found in L4.

²⁵ Setback includes any required landscaping pursuant to Section 18.240.110(F)(5) RDC.

²⁶ Provided, however, that if a site requires a L4 landscape buffer, an abutting site which would otherwise be required to have a L4 landscape buffer shall only be required to have an L2 landscape buffer. If two or more abutting properties are subject to the L4 landscape buffer requirement, the applicant which files the first site plan review application shall be subject to the L4 landscape buffer requirement unless the two applicants and the city mutually agree on a different location for L4 landscape buffer, as long as the landscaping standards are met for both projects.

²⁷ Except that no landscaping is required in the front yard setback if the minimum front yard setback is zero feet.

²⁸ In the case where there is a mix of employment or commercial uses and residential uses within a single structure, the building coverage requirements applicable to employment and commercial developments shall apply.

²⁹ The recreation area requirement of RDC 18.220.120(4) shall be satisfied if outdoor recreation areas, including parks, trails, and school grounds, that meet the one-quarter acre per thirty-five dwelling unit ratio, are located within one-quarter mile of an MDR building if sidewalks or other direct pedestrian access is provided from the MDR building to the recreation area.

³⁰ Maximum building height does not include buildings or structures such as steeples, chimneys, flagpoles, electronic aerial, cupolas, or other features such as roof gardens, mechanical equipment, or solar panels.

³¹ Parking spaces required may include on-site parking along adjacent street frontage.

_____

The following standards apply to all EMUO mixed-use developments regardless of the use or subzones.

9.

Landscaping and Natural Areas.

a.

Landscaping.

i.

Except where in conflict with this chapter or the provisions of a development agreement, all mixed-use developments shall meet the landscaping requirements set forth in Chapter 18.240.090 RDC, site plan review.

ii.

Street trees shall be planted at twenty-five-foot to forty-foot spacing along all street frontages within the mixed use zoning district. The actual tree spacing allowed shall be determined by a landscape architect as appropriate to the leaf canopy of the approved street tree species at maturity and approved by the city. In addition, street trees shall be species-approved by the city and shall have a two-inch minimum trunk caliper at the time of planting.

iii.

Only under the following conditions may freestanding walls, fences and hedges be permitted along public streets or sidewalks:

a.

The maximum height of any solid wall, fence, or hedge on any portion of a site devoted to residential uses shall be six feet. For all other uses or a mix of uses, the maximum height of any solid wall, fence, or hedge shall be eight feet, unless a solid masonry or concrete wall higher than eight feet is required to mitigate significant noise impacts. For any use, the maximum combined height of a solid, wall, fence or hedge along a front yard that abuts a street shall not be higher than three and one-half feet to meet site distance requirements.

b.

The maximum height of any decorative wall, fence, or hedge which allows visibility, such as wrought iron and split rail fences, shall be eight feet.

c.

Barbed wire, razor wire, electric and other dangerous fences are prohibited unless such fences are required by law.

iv.

All landscaped areas within the mixed-use development shall be irrigated; except for landscape areas planted with drought-tolerant or native vegetation species that will not require irrigation watering after the initial plant maintenance/establishment period.

v.

All required landscaping shall be installed prior to occupancy and maintained as a condition of use except if the superintendent/director of public works determines that inclement weather prevents the successful installation of landscaping, and in such case a conditional occupancy permit shall be issued.

vi.

Except in emergency drought conditions as determined by city council in an adopted resolution, required landscape buffer areas shall be continuously maintained in lawn or live groundcover, with such live groundcover and trees or shrubs established and maintained in a manner providing a park-like character of the property.

b.

Natural Areas.

i.

Areas that are to be maintained in their natural setting shall be so designated on a landscape plan and protected through a conservation easement, dedication, conveyance to a property owners' and/or homeowners' association, or other effective means approved by the planning director.

ii.

Natural areas shall be maintained with their existing native vegetation and/or enhanced with supplemental plantings of native tree, shrub and ground cover species common to the area to provide scenic, environmental, and wildlife habitat value.

10.

Conversion of Existing Structures.

a.

An existing residential structure may be converted to a commercial or employment use if the structure is brought into conformance with the building code for such uses and all site plan review standards and standards in the applicable development agreement can be met.

11.

Signs.

a.

The requirements of Chapter 18.710 RDC applicable to the E district shall be met; provided however that entry or gateway signs along the perimeter of the mixed-use development identifying the development shall be allowed at the following locations, with a maximum sign area of three hundred fifty square feet at each location, provided further that the maximum area of all entry or gateway signs for a mixed-use development shall be no greater than an amount equal to five square feet times the total net acreage for the mixed-use development:

i.

One sign at each of the entrances into a mixed-use development (or two signs at both sides of an entrance shall be permitted with a total sign area for both signs not to exceed three hundred fifty square feet).

ii.

One sign at each public street intersection on which the mixed-use development has street frontage.

iii.

One sign oriented to the I-5 freeway (if applicable).

iv.

Any sign in the EMUO shall be no greater than twenty-five feet in height from average finished grade.

12.

Parking and Loading.

a.

Off-street parking and loading shall be provided in accordance with this chapter and Chapter 18.720 RDC with the following stipulations;

b.

On-street parking spaces directly and fully adjacent to a site and available to the master planned area shall be counted toward the maximum and minimum number of spaces allowed for a use, if any; provided, however that if on-street parking is provided, no reduction in street widths shall be permitted. Parking spaces provided through the shared parking provisions below shall be counted toward the maximum as well.

c.

Shared parking between and among uses is encouraged, and shall be permitted in accordance with Section 18.720.020 RDC.

d.

Parking lot landscaping shall be provided in accordance with Chapters 18.500 and 18.720 RDC.

e.

Where there is a conflict between this chapter and Chapter 18.720 RDC, the provisions of this chapter shall control.

13.

Building Entrances. The primary building entrance shall be oriented to the street on which the building has frontage. The building may have other entrances as long as direct pedestrian access is provided to all entrances.

14.

Pedestrian Access.

a.

An on-site pedestrian circulation system which links street, sidewalks or other pedestrian ways and the primary entrance(s) of the structure(s) on the site shall be provided. Sidewalks or pedestrian ways must connect the required pedestrian system within the EMUO master plan site to existing pedestrian systems within a master plan site and to pedestrian systems on adjacent properties if adequate safety and security can be maintained. Convenient pedestrian access to transit stops shall be provided if transit service is available or planned.

b.

Sidewalks shall be required and constructed according to the city's road and engineering standards. The city shall permit, at an applicant's option, meandering sidewalks as long as all other applicable engineering standards are met.

c.

The circulation system must meet the standards of the Americans with Disabilities Act.

d.

Where the system crosses driveways, parking areas and loading areas, it must be clearly identifiable by signage and through the use of elevation changes, speed bumps, a different paving material, or other similar method approved by the reviewing authority. Striping may be permitted only in conjunction with at least one of the preceding methods.

e.

Lighting for parking lots and pedestrian ways shall be provided to ensure personal safety. Lighting shall be integrated into the architectural character both in terms of illumination and fixtures. Lighting shall not produce glare or negatively impact off-site uses or traffic on adjacent streets.

15.

Streetscape Frontage.

a.

To screen the visual impact of on-site parking surfaces and vehicles from nearby public roadways and other properties, landscape buffers shall be established along the frontage of all parcels unless otherwise exempt under RDC 18.240.110.

b.

Tree masses shall be emphasized within these buffers to accent and/or filter views of buildings.

16.

Building Facades.

a.

At least seventy-five percent of the width and fifty percent of the ground level wall area (as calculated by multiplying the total width by ten feet above grade) of any new or reconstructed building facing a public street or road, including interstate highways, shall be devoted to interest-creating features such as doors, pedestrian entrances, landscaping, transparent show or display windows, or other windows; or when approved by the review authority, reliefs and murals. Such interest-creating features shall achieve the objective of interrupting large expanses of blank walls as viewed from the public streets by devoting a majority of the wall area to such features.

b.

For residential uses, an unbroken series of garage doors greater than two is not permitted on any street frontage, including walls facing controlled access highways and freeways. For the purposes of this section, an unbroken series includes garage doors that are physically attached, side by side and are not separated by side yards, setbacks, landscaping, or nongarage structures or are not offset from other garage portions of the structure.

c.

Visual separation of commercial ground floors and residential upper floors shall provide for the visual interest of those utilizing the ground floors. This may be accomplished by the use of varied textural materials, awnings, overhangs, fascia treatment or other such methods.

d.

If garages, carports, or other accessory structures designed for the parking of automobiles in multifamily residential areas are front-loaded (i.e., having their large and primary entry door facing the street), they shall not be located closer to the front lot line than the foremost facade of the principal building facing the front property line. For the purposes of this subsection, foremost facade of the principal building shall mean the front elevation of the building, not including garages, carports or other accessory parking structures, but including porches.

e.

The building facade requirements above will not apply where they are in conflict with the design or character of architecture of existing buildings on the National Register of Historic Places Buildings or Structures, or listed in the Washington State Inventory of Historical Sites and Buildings, or designated by the Clark County Historic Preservation Commission as a building site or structure of historical, architectural or cultural significance or merit, or as a historical or architectural landmark.

17.

Additional Development Standards for Noncontiguous Parcels Within an Approved EMUO Master Plan.

a.

There shall be similar design between buildings in noncontiguous areas.

b.

There shall be similar on-site and perimeter landscaping design and plant material usage for individual developments in noncontiguous areas.

c.

There shall be similar on-site pedestrian pathways and walkway designs and similar design of convenient and safe connections to the off-site pedestrian network system for individual developments in noncontiguous areas.

d.

There shall be similar bicycle storage and parking opportunities for individual developments in noncontiguous areas.

e.

There shall be similar internal exterior wall-mounted and pole-mounted lighting fixtures for individual developments in noncontiguous areas.

f.

There shall be similar private wall-mounted and freestanding signage for individual developments in noncontiguous areas.

g.

There shall be similar public sidewalk and landscaping design and construction to insure consistency between the frontages of individual developments in noncontiguous areas.

h.

There shall be similar public street light installation along the frontages of individual developments in noncontiguous areas.

G.

Incentives.

a.

Traffic Impact Fee (TIF) Reduction. A reduction of the TIF may be granted pursuant to this section with the implementation and maintenance of the corresponding action in the below table upon approval of the planning director. The city shall have the authority to enforce the continuing provision and implementation of the incentives pursuant to its authority under Chapter 18.395 of this title.

Table 18.240.110-4: Incentives

(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1232, § 2(Exh. A), 4-27-2017; Ord. No. 1234, § 2(Exh. A), 6-22-2017; Ord. No. 1253, § 2(Exh. A), 12-7-2017)