Westport City Zoning Code
CHAPTER 17
20A MUTC MIXED USE/TOURIST COMMERCIAL DISTRICT
§ 17.20A.010 Intent.
(1)
It is the intent of the mixed use tourist commercial (MUTC) zone that there be a mixture of tourist commercial and residential uses in close proximity. Mixed use can include, but is not limited to, mixed use buildings with retail or office uses on the lower floors and residential above, or uses which mix commercial and residential.
(2)
The MUTC zone provides an opportunity to develop areas in Westport that are tourist-oriented, pedestrian friendly, and provide a variety of housing and quality community design. For all purposes, the MUTC zone shall be considered a commercial zone.
(Ord. 1362 § 2, 2005)
§ 17.20A.020 Definitions.
"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 is characterized by:
(1)
Attracting and serving tourist facilities and accommodations;
(2)
Complementary land uses: land uses that are at least compatible and, preferably, work together for mutual benefit (e.g., personal and commercial services that serve adjacent residences); and
(3)
Convenient pedestrian connections.
(Ord. 1362 § 2, 2005)
§ 17.20A.030 Permitted uses.
Uses permitted in the MUTC district are as follows:
(1)
MUTC-1 Zone.
(A)
Public facilities, including marina, ferry terminal, and marine support facilities;
(B)
Retail sales, limited to 25,000 square feet;[1]
[1]
The square footage limitation may be modified for retail sales by the site plan review board. To waive this requirement, the board must find that the proposed use can conform to other requirements of the MUTC zone, is designed to accommodate the pedestrian emphasis, incorporates residential uses, and is compatible and complementary to surrounding uses in the zone.
(C)
General office;
(D)
Public support facilities, including utilities;
(E)
Parks/open space and recreation facilities;
(F)
Restaurants;
(G)
Post offices;
(H)
Motels, hotels;
(I)
Medical clinics;
(J)
Day care centers, day care mini-centers, family day care providers;
(K)
All residential units;
(L)
Public and/or private schools;
(M)
Professional and personal services;
(N)
Adult family homes, assisted living facilities, independent living facilities;
(O)
Parking structures or lots as a primary use;
(P)
Museum, library, art gallery and places of public gathering;
(Q)
Service stations;
(R)
Churches;
(S)
Public and private assembly and recreation facilities;
(T)
All uses which were legally established prior to January 1, 1996, except where there is a cessation of the use for three or more years;
(U)
Convenience stores (grocery stores, mini-marts, food marts), both with and without fuel sales; and
(V)
Fully enclosed indoor storage as a primary or secondary use, including single buildings and/or mini-storage units.
(2)
MUTC-2 Zone. All uses permitted in the MUTC-1 zone, except that:
(A)
Retail sales on sites over five acres in size may be up to 65,000 square feet; and/or
(B)
Buildings may be constructed up to 50 feet high or five stories, whichever is less.
(Ord. 1362 § 2, 2005; Ord. 1442 § 1, 2008; Ord. 1464 § 4, 2010; Ord. 1465 § 1, 2010; Ord. 1578 § 5, 2015)
§ 17.20A.035 Conditional uses.
The following uses may be allowed in the "MUTC" districts subject to first obtaining a conditional use permit as provided in Chapter 17.44 WMC:
(1)
Expansion of Existing Mobile Home Parks. Mobile homes are no longer built and the placement of additional mobile homes in this community is prohibited. However, mobile home parks in existence prior to July 1, 2005, may expand to include a mixture of mobile homes in existence prior to July 1, 2005, and new manufactured homes which conform to the designated manufactured home definition except for the provision requiring two sections. Expansion of parks to accommodate new-designated manufactured homes shall be governed by the provisions of WMC Title 14. Expansion shall be limited to immediately adjacent parcels bordering existing parks and shall not include expansion across streets.
(2)
Uses similar in form and impact to listed uses which meet the intent of the comprehensive plan and have impacts on public services and adjoining properties substantially similar to listed uses.
(Ord. 1362 § 2, 2005; Ord. 1464 § 4, 2010)
§ 17.20A.040 Accessory uses.
Accessory uses in the MUTC zones are as follows:
(1)
All uses customarily accessory to permitted uses; and
(2)
Home occupation, as approved by site plan review board.
(Ord. 1362 § 2, 2005)
§ 17.20A.050 Accessory uses – Review process.
All uses, with the exception of single-family residences and accessory uses customarily associated with a previously permitted single-family residence, including but not limited to garages, carports, sheds, and decks in the MUTC-1 and MUTC-2 zones, are permitted through a binding site plan review or, when required, a platting process.
(Ord. 1362 § 2, 2005; Ord. 1443 § 1, 2008)
§ 17.20A.060 Development standards.
Development standards in the MUTC zone are intended to achieve a public friendly scale, pedestrian and tourist-oriented environment.
(1)
Densities.
(A)
Commercial. A commercial structure shall be no more than 25,000 square feet ground floor area for MUTC-1 and 65,000 square feet ground floor area for MUTC-2.
(2)
Building Coverage and Open Space. No more than 85 percent of the square footage of the site may be covered by buildings, parking, or other impervious surface. At least 15 percent of the square footage of the site, including setback areas, must be landscaped with a combination of one or more of the following: trees, shrubs, living ground cover, and pedestrian-scaled pathways (generally no more than 12 feet wide) that access entry points.
(A)
Exception. In the Marina District, which is defined as including the area northeast of Montesano Street and northwest of Wilson Avenue and Yearout Drive, the open space requirement is reduced to ten percent on lots 20,000 square feet or smaller. Balconies, pedestrian spaces (as defined in the City of Westport Design Standards and Guidelines) and view corridors as required by subsection (10) of this section may meet the entire requirement. On lots over 20,000 square feet, view corridors as required by subsection (10) of this section, balconies and pedestrian spaces (as defined in the City of Westport Design Standards and Guidelines) may meet up to 50 percent of the open space requirement. The remaining 50 percent must be met with ground-level landscaping consisting of a combination of trees, shrubs and living ground cover and pedestrian-scaled pathways (generally no more than 12 feet wide) that access entry points.
(3)
Setback and Yard Area.
(A)
Front: No minimum.
(B)
Side: No minimum.
(C)
Rear: No minimum.
(D)
Abutting Residential Zones. Where any structures or portions of structures are adjacent to any residential zoning district, the minimum setback from the residential property line shall be 20 feet and shall be fenced and planted for screening. Where structures are constructed over three stories, the setback from the adjacent property line or lines shall be increased by 10 feet for every story of the proposed new building.
(E)
Single-Family Residential Development. All single-family residential development shall conform to the front, back, and side yard setback requirements of WMC § 17.16.030(4).
(4)
Open Storage. Open storage is prohibited. Long-term parking of operational company cars, light trucks, and vans within parking lots shall not be construed to be open storage.
(5)
Conversion of Existing Structures. An existing residential structure may be converted to a commercial or office use if the structure is brought into conformance with the building code for such uses and all site plan review standards can be met, with the exception of setbacks of existing buildings.
(6)
Building Height.
(A)
The maximum height of any building or structure shall not exceed a total maximum height of 35 feet in MUTC-1 or over 50 feet in MUTC-2.
(B)
Single-Family Only Residential Development. Single-family residences shall not be constructed over 30 feet in height in the MUTC-1 or MUTC-2.
(7)
Building Orientation. The primary building entrance should be oriented to the major street on which the building has frontage, a street corner, plaza, park, or other buildings on the site. The building may have other entrances as long as direct pedestrian access is provided to all entrances. Parking should be alongside or behind buildings and shall be landscaped.
(8)
Pedestrian Access.
(A)
An on-site pedestrian circulation system which links the street and the primary entrance(s) of the structure(s) shall be provided. Sidewalks or pedestrian ways must connect the required pedestrian system to existing pedestrian systems on adjacent developments if adequate safety and security can be maintained. Convenient pedestrian access to transit stops shall be provided.
(B)
Sidewalks shall be required and constructed according to the city's road development standards.
(C)
Where a pedestrian circulation system crosses driveways, parking areas, and loading areas, it must be clearly identifiable, through the use of elevation changes, speed bumps, a different paving material, or other similar method approved by the site plan review board. Striping may be permitted only in conjunction with at least one of the preceding methods.
(D)
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. Site lighting shall be directed downward and inward or other techniques may be utilized to minimize impacts on off-site uses.
(E)
On major streets (arterials) and all streets with beach access, new sidewalks shall be eight feet wide; on all other streets sidewalks shall be at least six feet wide. These requirements may be modified for specific developments by the site plan review board based upon a finding it is in the best interest of the city to do so.
(9)
Parking. Parking shall meet the requirements of WMC § 17.36.220 through § 17.36.250.
(10)
For all lots in excess of 100 feet wide between the street and the water, a combined side yard setback of at least 15 feet, but not less than 10 percent of the lot frontage, shall be required to preserve view corridors to the water or shoreline area.
(11)
All non-single-family development located within the MUTC-1 and MUTC-2 zoning districts shall comply with the requirements of the City of Westport Design Standards and Guidelines of March 2007 as currently published or hereinafter amended.
(Ord. 1362 § 2, 2005; Ord. 1416 § 1, 2007; Ord. 1417 §§ 1, 2, 3, 2007; Ord. 1448 § 1, 2008; Ord. 1466 §§ 1, 2, 2010)
§ 17.20A.070 Manufactured storage containers.
The use of manufactured storage containers for accessory uses only is allowed in the MUTC-1 and MUTC-2 zoning districts if secured to a permanent foundation approved by the building department, either located or sight screened from being visible from any adjacent city street, and located or sight screened from the view of the bottom story of any adjacent structure, and the installation complies with the requirements of the city of Westport flood damage prevention program, Chapter 15.12 WMC. Manufactured storage containers, including those that have been modified, may not be used as living spaces.
(Ord. 1467 § 5, 2010)
