This chapter shall be called "MUC-1 Mixed Use Commercial Zone."
(Ord. 1857 § 2 (Exh. B), 2018; Ord. 1933 § 1 (Exh. A), 2023)
This chapter shall apply to all areas zoned MUC-1.
(Ord. 1857 § 2 (Exh. B), 2018; Ord. 1933 § 1 (Exh. A), 2023)
MUC-1 zone is intended to implement the MUC comprehensive plan designation by accommodating a dense mix of small scale, pedestrian oriented commercial activities and residential uses such as stores, eating and drinking establishments, offices, art galleries, and smaller multiunit residential buildings. Uses permitted in this zone typically rely on a high degree of visibility and easy pedestrian access. The regulations in this chapter are intended to create and maintain a traditional small town streetscape with urban characteristics, including buildings located at the street-line, smaller scale buildings, and entrances and windows that face the street. Parking is provided by on-street spaces, off-street public parking lots, or in small lots located behind buildings and accessed from alleyways. Uses that detract from, or do not contribute to, a traditional small town streetscape, such as gas stations, outdoor storage yards, and drive-through uses, shall be prohibited.
(Ord. 1857 § 2 (Exh. B), 2018; Ord. 1933 § 1 (Exh. A), 2023)
Hereafter all buildings, structures, or parcels of land shall only be used for the following, unless otherwise provided for in this title:
A. 
Offices, all types;
B. 
Multiunit buildings, all sizes, and dwellings located in mixed use buildings;
C. 
Retail, small and medium scale;
D. 
Hotels;
E. 
Health care facilities, all sizes;
F. 
Eating and drinking establishments, all sizes;
G. 
Specialized instruction;
H. 
Theaters;
I. 
Commercial child day care center, all sizes;
J. 
Meeting facilities, all sizes;
K. 
Horizontally attached dwellings;
L. 
Private schools, all sizes;
M. 
Utilities, small;
N. 
Personal services;
O. 
Nursing homes, all sizes;
P. 
Veterinary clinics;
Q. 
Emergency housing.
(Ord. 1857 § 2 (Exh. B), 2018; Ord. 1933 § 1 (Exh. A), 2023)
The following buildings, structures, and uses are permitted accessory uses in the MUC-1 zone. Accessory uses shall only be permitted when associated with, and incidental and subordinate to, a legally established primary use.
A. 
Normal Commercial and Residential Appurtenances. The following uses and structures may be authorized as an accessory use in conjunction with a permitted use: recreation, exercise, or community rooms, manager's office, storage shed or buildings, noncommercial gardens and greenhouses, swimming pools, laundry rooms and facilities, decks, patios, driveways, on-site utilities and utility connections, fences, solar panels, and signs;
B. 
Automobile parking facilities and vehicle charging stations;
C. 
Macro telecommunication facilities, subject to the following standards:
1. 
Macro facilities may be located on buildings and structures; provided, that the immediate interior wall or ceiling adjacent to the facility is not a designated residential space.
2. 
The macro facility shall be exempt from review by the director if the antenna and related components are the same color as the existing building, pole or support structure on which it is proposed to be located.
3. 
The shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or otherwise appropriately concealed, camouflaged or located underground.
4. 
Macro facilities shall comply with the height limitation specified for all zones except as follows: Omnidirectional antennas may exceed the height limitation by 15 feet, or in the case of nonconforming structures the antennas may extend 15 feet above the existing structure. Panel antennas may exceed the height limitation if affixed to the side of an existing building and architecturally blends in with the building. Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure.
D. 
Caretaker dwellings and employee or student housing.
(Ord. 1857 § 2 (Exh. B), 2018; Ord. 1933 § 1 (Exh. A), 2023)
The following uses shall be considered conditional uses and shall require a conditional use permit:
A. 
Duplexes, subject to the following:
1. 
The lot is not large enough to accommodate a more intensive residential use or the duplex is part of a larger development with a gross site density of at least 25 dwelling units per acre; and
2. 
The lot does not have frontage on Fairhaven Avenue;
B. 
Indoor commercial entertainment, minor;
C. 
Utilities, medium;
D. 
Craft industries, subject to the following:
1. 
A display area for selling products and crafts manufactured on site shall be included and must be visible and accessible from adjacent streets;
2. 
Outside storage shall not be permitted;
3. 
Garage doors and loading areas shall not be visible from adjoining streets;
E. 
Retail, large scale;
F. 
Laboratories and research facilities;
G. 
Indoor commercial entertainment, small scale;
H. 
Buildings with a footprint greater than 6,000 square feet, subject to the following:
1. 
Street-facing facades shall incorporate modulations at intervals of 60 feet or less. Each modulation shall have a minimum width of 15 feet and a minimum depth of two feet;
2. 
For the purpose of breaking up the vertical mass of buildings, the first floor of a multistory building shall be distinguished from the upper floors through the use of at least one of the following design elements:
a. 
Change in materials;
b. 
Change in color;
c. 
Awning, molding, or other horizontally distinguishing transition trim, treatment, or embellishment;
3. 
A minimum of 50 percent of any ground floor facade facing a street shall be comprised of transparent windows or entrances. Reflective glass or film or opaque window treatments shall not be used to satisfy this requirement.
(Ord. 1857 § 2 (Exh. B), 2018; Ord. 1933 § 1 (Exh. A), 2023)
A. 
Off-street parking and loading areas shall not be located between buildings and streets.
B. 
All uses shall be conducted entirely within a building or structure except:
1. 
Automobile parking lots and vehicle charging stations;
2. 
Display or sales of goods that do not extend eight feet past the front of the building, do not block entrances or interfere with pedestrian travel, do not interfere with the parking areas and do not encroach upon public property;
3. 
Outdoor seating associated with an eating and drinking establishment, theater, or other entertainment;
4. 
Temporary uses consistent with approval criteria in BMC Title 14A;
5. 
Unloading and loading areas;
6. 
Utility substations;
7. 
Refuse and recycling containers, provided they are fully screened from view in accordance with any applicable standards set forth in this title;
8. 
Play areas for child day care centers and schools.
C. 
Any on-premises repair work shall be incidental only, and limited to repairing the types of merchandise sold on the premises. The floor area devoted to such repair work shall not exceed 30 percent of the total floor area occupied by the primary use, except that the limitations of this subsection shall not apply to electronic devices, shoe, radio, television, or other small appliance repair services.
D. 
Storage shall be limited to accessory storage of commodities sold at retail on the premises or materials used in the limited fabrication of commodities sold at retail on the premises. No outside storage is permitted.
E. 
Operations conducted on the premises shall not be objectionable beyond the property boundary lines by reason of noise, odor, fumes, gases, smoke, vibration, hazard, or other causes.
F. 
No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use.
G. 
Buildings with frontage on an arterial street may not include dwellings unless at least 50 percent of the ground floor street frontage is devoted to a permitted nonresidential use listed in BMC § 17.45.050.
(Ord. 1857 § 2 (Exh. B), 2018; Ord. 1933 § 1 (Exh. A), 2023)
A. 
Lot Area and Dimension.
1. 
Minimum lot size: none.
2. 
Minimum lot width: none.
3. 
Minimum lot depth: none.
B. 
Maximum building footprint: 6,000 square feet. Larger buildings may be authorized through a conditional use permit subject to BMC § 17.45.070(H).
C. 
Maximum Impervious Surface Coverage.
1. 
Downtown: none.
2. 
All other locations: 80 percent.
D. 
Minimum Setbacks.
1. 
Front: none;
2. 
Side: none;
3. 
Street: none;
4. 
Rear: none.
E. 
Maximum Front and Street Setbacks.
1. 
Along Fairhaven Avenue: zero feet.
2. 
All other locations: 10 feet.
3. 
Exceptions: Exceptions may be granted in the following situations; provided, that in all cases new buildings and additions shall be constructed as close as possible to adjoining streets:
a. 
To accommodate a wider sidewalk; or
b. 
To comply with the facade modulation requirements of this chapter; or
c. 
To accommodate a recessed entry, provided the entry is recessed no more than four feet from the adjoining street; or
d. 
The presence of utility easement makes compliance with the maximum setback impossible; or
e. 
The expansion or modification of an existing building where compliance with the maximum setback is not feasible due to the location of the existing building and the size of the proposed expansion. In such cases the expansion shall be constructed forward of the existing building line and closer to the street.
F. 
Maximum setback requirement in all other locations: 10 feet from the property line on the front and street side. The maximum setback shall apply to each lot line adjacent to a street.
G. 
Maximum building height: 45 feet.
H. 
Fences. See chapter 17.70 BMC.
I. 
Parking. See chapter 17.85 BMC.
J. 
Landscaping. See chapter 17.81 BMC.
K. 
Signs. See chapter 17.95 BMC.
L. 
Lighting. See chapter 17.70 BMC.
(Ord. 1857 § 2 (Exh. B), 2018; Ord. 1933 § 1 (Exh. A), 2023)