The intent of the TSQ (TownSquare) district is to preserve the integrity of the original retail and cultural center of the City by providing opportunities for a variety commercial and office uses. This district also encourages the development of residential units on upper levels of commercial structures. Architectural standards have been developed to encourage new construction and revitalization of existing structures to blend with the current built environment.

In the TSQ zoning district, the uses permitted by right and allowed by special use permit of the Governing Body are listed in Chapter 17.51, Table of General Uses. Approval of a special use permit shall be conditioned upon the applicant's providing clear and cogent evidence that the proposed use will not undermine the overall intended character of the TownSquare area, and that the use will compliment and be similar to uses allowed by right in the district in terms of design, impacts and overall function.

In the TSQ district, permitted accessory uses shall be as follows:

A.

Residential use in conjunction with a use permitted by right or by special use permit;

B.

Creation, processing, assembly and storage of retail goods to be sold or delivered in part to customers on the premises;

C.

Servicing and storage of retail goods previously sold, or to be sold or delivered in part to customers on the premises;

D.

Storage of equipment, materials, supplies or goods by an owner of property situated within this district or the owner of a use permitted by right or by special permit which do not constitute stock in trade inventory.

In the TSQ district, the additional use regulations shall be as follows:

A.

All accessory uses shall be limited to fifty percent (50%) of the entire floor area or fifty percent (50%) of the total floor area under common ownership and use within the district.

B.

A site development plan showing proper uses for the entire area under common ownership, any part of which is being considered for rezoning, may be filed for informational purposes at the time of a request for a change in zoning to the TSQ district. Such site plan may be at the applicant's or staff's request be submitted to the Planning Commission for approval concurrently with the zoning request. Such site plan shall not be incorporated into the rezoning ordinance. The site plan shall be considered as and shall in all respects have the same effect as a site plan submitted pursuant to SMC Title 17, Chapter 56.

C.

Filling stations shall provide a setback for all facilities, service islands, canopies, etc., from the road or roads the same distance as required for a principal building.

D.

Automobile leasing establishments shall not keep, leave, store or have on the premises, for the purpose of leasing a vehicle other than automobiles and passenger vans two (2) or less model years old, which vehicles were purchased new from a dealer or manufacturer by the business or affiliated business; nor shall any vehicles be kept on the premises for the purpose of sale. The establishment shall not place barrier guards along the perimeter of the parking area and shall not place flags, banners, or similar devices on the vehicles. Such establishment is defined as one in which long-term or short-term written contracts are executed for the use of a vehicle owned by such business.

E.

For all properties directly adjacent to Johnson Drive or Nieman Road, residential uses shall be permitted only when associated with office, retail, and/or other principal permitted uses. Principal non-residential uses shall be the primary use along the ground floor that fronts Johnson Drive and Nieman Road.

F.

Residential only development shall be permitted in the TSQ district when the subject property is not directly adjacent to Johnson Drive or Nieman Road.

(Ord. No. 3263, 2019)

A.

Maximum height: There is no maximum height requirements for a high rise residential building. The maximum height requirement for all other uses in the TSQ district is forty-five (45) feet.

B.

Minimum lot area: There is no minimum lot size in the TSQ zoning district. The minimum square footage for a residential unit located in a high rise residential structure is eight hundred (800) square feet.

C.

Minimum lot width: The minimum lot width for high-rise residential and other multifamily residential structures is one hundred (100) feet along a public or private street; the minimum lot width for motels and hotels is two hundred (200) feet along a public or private street, the minimum lot width for all other uses is forty (40) feet along a public or private street.

D.

Minimum yard setback requirements:

1.

Front yard: Primary structures shall be built to the front property line. Setbacks shall be permitted to accommodate pedestrian spaces, architectural and/or landscape features, outdoor dining areas, private amenities, front stoops, stairways, other necessary access, or to align with adjacent existing buildings. A secondary setback of a structure's primary mass shall be required for structures over forty-five (45) feet.

2.

Rear yard: Twenty (20) feet for all uses. Such rear yards abutting residentially zoned districts shall be screened and landscaped subject to Planning Commission review and approval.

3.

Side yard: When abutting a nonresidential zone, none is required, but if provided it shall be at least ten (10) feet wide. When abutting a residential district the side yard shall be a minimum of twenty (20) feet. Such side yards abutting residentially zoned districts shall be screened and landscaped subject to Planning Commission review and approval.

(Ord. No. 3263, 2019)

All exterior alterations or improvements to buildings (excluding exact replacements), new building permits, site plan reviews, rezoning, and special use permit applications shall be in accordance with the Downtown Design Guidelines for the Pedestrian Zones and the South Nieman Road Zone. The intent of the Design Guidelines is to promote site-specific, contextual buildings that incorporate mixed uses and pedestrian friendly commercial activity. For this reason, whenever a conflict exists between the Zoning Regulations and the Design Guidelines, requirements for setbacks, height, architectural design and materials, landscaping or signage, the Design Guidelines shall be adhered to and are subject to Planning Commission approval.

(Ord. No. 3263, 2019)