B.
Side and Rear Setback Standards. Table 19.50.050 sets forth a range of minimum side and rear yard setbacks in all TC and TC-R zones between zero and 15 feet. The provisions below clarify specific setback requirements:
1.
Zero side and rear yard setbacks are allowed for buildings up to six stories in height, except within and adjacent to the TC-R zone, where developments integrated windowless fire walls that meet the design provisions of MTMC § 19.123.270(D).
Table 19.123.180(B) Minimum side and rear yard setbacks in the TC zones. | |
|---|---|
Min. Setback | Applicability/Standard |
0' | For windowless firewalls up to 6 stories in height. Provision does not apply to the development within or abutting the TC-R zone. All firewalls must meet the design provisions of MTMC § 19.123.270(D). |
5' | Minimum setback except: • Where zero setbacks are allowed (window-less firewalls as described above) • Where setbacks greater than 5' are required per provisions below |
>5' | In all sites abutting residential zones – see subsection (C) of this section. |
15' – 20' | When required per subsection (E) of this section for light and air access and privacy along side and rear property lines. |
C.
Special Setback/Building Height Standards for Sites Abutting Residential Zones. For sites abutting a residential zone, the side and rear yard setback must be the same as the applicable residential zoning district, up to the maximum height limit of the applicable residential zoning district, above which the minimum side yard setback must increase at a 45-degree angle inward up to the maximum height of the applicable TC zoning district. See Figure 19.123.180(C) for an illustration.
Figure 19.123.180(C) Illustrating minimum side and rear yard setbacks to an abutting residential zoning district.  |
D.
Balconies near Side and Rear Property Lines Adjacent to Property in Any Residential Zone. Balconies and rooftop decks above the ground floor within 15 horizontal feet of a side property line abutting a residentially zoned property must feature a railing system that is at least 50 percent opaque. Specifically, 50 percent of the area below the top edge of the railing must be a sight-obscuring structure.
Departures to this standard will be allowed if the balcony will not cause visual or privacy impacts due to its location, orientation, design or other consideration.
Figure 19.123.180(D) Privacy standards for balconies within 15 feet of side or rear property lines.  |
E.
Light and Air Access and Privacy near Interior Side and Rear Property Lines. Buildings or portions thereof containing multifamily dwelling units whose only solar access (windows) is from the applicable side or rear of the building (facing towards the side or rear property line) must be set back from the applicable side or rear property lines at least 15 feet. See Figure 19.123.180(E). For such building elevations taller than four stories, floors above the fourth-floor must be set back at least 20 feet from the applicable side or rear property lines. Note: These standards do not apply to side or rear property lines where adjacent to a street, access corridor, or easement where no building may be developed.
Departures will be allowed where it is determined that the proposed design will not create a compatibility problem in the near and long term based on the unique site context.
Figure 19.123.180(E) Light/air access and privacy standards for multifamily residential buildings along side and rear property lines.  Note that the minimum setbacks noted above only apply to buildings (and portions thereof) featuring the stated characteristics. |
F.
Upper-Level Setbacks. Buildings over six stories are subject to the following minimum side and rear yard setbacks:
(Ord. 2755 § 3 (Exh. B), 2019)
A.
Purpose.
1.
To create useable space that is suitable for leisure or recreational activities for residents.
2.
To create open space that contributes to the residential setting.
3.
To provide plazas that attract shoppers to commercial areas.
4.
To provide plazas and other pedestrian oriented spaces in commercial areas that enhance the employees' and public's opportunity for active and passive activities, such as dining, resting, people watching, and recreational activities.
5.
To enhance the development character and attractiveness of commercial development.
B.
Usable Residential Open Space.
1.
All multifamily development, including multifamily portions of mixed-use development, must provide minimum usable open space equal to 100 square feet per dwelling unit for studio and one-bedroom dwellings and 150 square feet per dwelling unit for dwellings with two or more bedrooms. The required open space may be provided in a combination of ways:
a.
Shared Open Space. All of the required open space may be in the form of shared open space available to all residents and meeting the requirements of subsection (B)(2) of this section.
b.
Ground-Level Individual Outdoor Space. All of the required open space for a unit may be provided by ground-level outdoor space that is adjacent and directly accessible to the subject unit. Such open spaces must be:
i.
Outdoor spaces may be located in the front, side, or rear yard provided they are generally level, feature no dimension less than 10 feet, and enclosed by a fence and/or hedge at least 32 inches in height to qualify.
Departures will be considered for this provision.
ii.
Private porches may qualify as outdoor space provided they are at least 36 square-feet in area, with no dimension less than six feet.
Individual ground-level open space that is in excess of minimum requirements must not be used in the calculations for determining the minimum usable open space requirements for other units in the development.
c.
Balconies. Up to 25 percent of the required open space may be provided by private balconies provided such spaces are at least 32 square feet in area, with no dimension less than four feet (not including railings), to provide a space usable for human activity.
d.
Common Indoor Recreation Areas. For mixed-use buildings up to 50 percent of the required open space may be provided by common indoor recreation areas meeting the following conditions:
i.
The space must meet ADA standards and must be located in a visible area, such as near an entrance, lobby, or high traffic corridors.
ii.
The space must be designed specifically to serve interior recreational functions and not merely be leftover unrentable space used to meet the open space requirement. Such space must include amenities and design elements that will encourage use by residents.
e.
Shared Roof Decks. For multifamily buildings, up to 50 percent of the required open space may be provided by shared roof decks located on the top of buildings which are available to all residents and meet the requirements below. For mixed-use buildings, 100 percent of the required open space may be provided by shared roof decks. Design requirements:
i.
Space must feature hard surfacing, provide amenities such as seating areas, landscaping, and/or other features that encourage use.
ii.
Space must integrate landscaping elements that enhance the character of the space and encourage its use.
iii.
Space must incorporate features that provide for the safety of residents, such as enclosures, railings, and appropriate lighting levels.
Figure 19.123.190(B)(1)(e) Rooftop deck examples.  |
2.
Shared Open Space Design Requirements. Shared open space can include landscaped courtyards or decks, entrance plazas, gardens with pathways, children's play areas, pools, and water features provided they are accessible to all residents of the development. Accessible areas used for stormwater retention, infiltration, or other multipurpose recreational and/or green spaces that meet the design criteria herein may qualify as shared open space.
Special requirements for shared open spaces include the following:
a.
Shared open space must be located in centralized areas that are visible from units within the development.
b.
Required setback areas must not count as shared open space unless the design of the space meets the standards herein.
c.
Shared open space must feature no dimension less than 15 feet in order to provide functional leisure or recreational activity. Wider minimum dimensions are required perpendicular to building elevations containing windows of dwelling units whose only solar access is from the applicable building wall. Specifically:
d.
Shared open space must feature paths or walkable lawns, landscaping, seating, lighting, and play structures, sports courts, or other pedestrian amenities to make the area more functional and enjoyable for a range of users.
e.
Shared open space must be separated from ground-level windows, streets, service areas and parking lots with landscaping, fencing, and/or other acceptable treatments that enhance safety and privacy for both the shared open space and dwelling units.
f.
When possible, the space should be oriented to receive sunlight, facing east, west or preferably south.
g.
Stairways and service elements located within or on the edge of shared open space must not be included in the open space calculations.
h.
Shared porches may qualify as shared open space, provided they are at least eight feet in depth and 96 square feet in total area.
i.
The space must be accessible to all residents of the development.
Figure 19.123.190(B)(2) Shared open space examples.  The upper left example is a courtyard over a parking deck. Notice the transition elements between the courtyard and adjacent residential units. The upper right courtyard is shared by ground-level commercial uses and apartments above. |
 The left image above includes a covered gathering space with outdoor grills adjacent to a landscaped commons with a central pathway. The right image is an example of shared indoor recreation space. |
Figure 19.123.190(B)(2)(c) Shared open space – minimum widths when adjacent to building elevations containing windows of dwelling units whose only solar access is from the applicable building wall. | |
|---|---|
 | 20 feet minimum for such elevations up to three-stories tall. |
 | 25 feet minimum for such elevations four-stories tall. |
 | 30 feet minimum for such elevations five or more stories tall |
C.
Usable Commercial Open Space. New developments on designated storefront block-frontages and other developments with non-residential uses with more than 10,000 square feet of gross floor area must provide 400 square feet of pedestrian-oriented space for each 100 lineal feet of block frontage. Pedestrian-oriented space located adjacent to street corners may be counted for the frontages of both streets. Portions of sidewalks that are wider than the minimum required in MTMC § 19.50.090 may be used to meet up to 50 percent of this requirement.
Departure: Pedestrian-oriented space area may be reduced by 50 percent if the director finds the project includes exceptional design features and elements that meet the purpose of the standards. This includes open spaces that feature a combination of design (site materials, amenities, and configuration) and location/context that clearly exceed typical plaza designs found in the region.
D.
Pedestrian-Oriented Space Design Criteria. This subsection describes the requirements and desired characteristics of pedestrian oriented open space (which may be used to meet the requirements of subsection C of this section).
1.
Required Pedestrian-Oriented Open Space Features.
a.
Visual and pedestrian access into the site from a street, private access road, or nonvehicular courtyard.
b.
Paved walking surfaces of either concrete or approved unit paving. Form-in-place pervious concrete paving is allowed.
c.
Lighting must conform to MTMC § 19.120.030.
d.
The spaces must be located in or adjacent to areas with significant pedestrian traffic to provide interest and security, such as adjacent to or visible from a building entry.
e.
At least two feet of seating area (a bench or ledge at least 16 inches deep and appropriate seating height) or one individual seat per 60 square feet of plaza area or open space.
f.
Landscaping components that add visual interest and do not act as a visual barrier. This could include planting beds, raised planters, and/or potted plants.
2.
Desirable Pedestrian-Oriented Open Space Features.
a.
Pedestrian amenities, such as site furniture, artwork, drinking fountains, shade structures, kiosks, or other similar features.
b.
Adjacent buildings with transparent windows and doors covering at least 50 percent of the facade between 30 inches and 10 feet above the ground-level.
c.
Pedestrian weather protection, alcoves, seating, or other features along building edges to allow for outdoor gathering.
3.
Features Prohibited within a Pedestrian-Oriented Open Space.
a.
Asphalt pavement.
b.
Adjacent service areas (e.g., trash areas, loading docks) that are not separated with landscaping, as required by MTMC § 19.123.210.
c.
Adjacent chain-link fences.
d.
Adjacent "blank walls" without "blank wall treatment" (see MTMC § 19.123.270).
e.
Outdoor storage.
Figure 19.123.190(D) Example of site development integrating pedestrian-oriented space.  |
Figure 19.123.190(D)(1) Example of a small pedestrian-oriented open space.  |
(Ord. 2755 § 3 (Exh. B), 2019)
A.
Purpose.
1.
To improve the pedestrian and bicycling environment by making it easier, safer, and more comfortable to walk or ride among residences, to businesses, to the street sidewalk, to transit stops, through parking lots, to adjacent properties, and connections throughout the city.
2.
To enhance access to on- and off-site open space areas and pedestrian/bicycle paths.
B.
Access to Sidewalk. All buildings must feature pedestrian connections to a sidewalk per applicable block frontage standards in Article II of this chapter.
C.
Internal Circulation.
1.
For sites with multiple buildings, pedestrian paths connecting businesses and residential entries on the same development site must be provided. Routes that minimize walking distances must be utilized to the extent practical.
Departures will be allowed where steep slopes prevent a direct connection or where an indirect route would enhance the design and/or use of a common usable open space. See subsection D of this section for pathway design standards.
2.
Sites with Residential Units. Provide direct pedestrian access between all ground-related unit entries and a public street or to a clearly marked pathway network or open space that has direct access to a public street. Residential developments must provide a pedestrian circulation network that connects all main entrances on the site to other areas of the site, such as:
(Ord. 2755 § 3 (Exh. B), 2019)
A.
Purpose.
1.
To minimize adverse visual, odor, and noise impacts of mechanical equipment, utility cabinets and service areas at ground and roof levels.
2.
To provide adequate, durable, well-maintained, and accessible service and equipment areas.
3.
To protect residential uses and adjacent properties from impacts due to location and utilization of service areas.
B.
Location of Ground-Related Service Areas and Mechanical Equipment.
1.
Service areas (loading docks, trash dumpsters, compactors, recycling areas, electrical panels, and mechanical equipment areas) must be located for convenient service access while avoiding negative visual, auditory, olfactory, or physical impacts on the streetscape environment, pedestrian-oriented spaces, uses within the development, and adjacent residentially zoned properties.
The director may require evidence that such elements will not significantly impact neighboring properties or public areas. (For example, the director may require noise damping specifications for fans near residential zones.)
2.
Exterior Loading Areas. Exterior loading areas for commercial uses must not be located within 20 feet of a residentially zoned property.
Departures may be allowed where such a restriction does not allow feasible development, and alternative design measures can successfully mitigate potential negative impacts. For example, areas and drives may be required by the reviewing authority to be separated from the residential lot by a masonry wall at least eight feet high.
3.
Service areas must not be visible from the sidewalk and adjacent properties. Where the director finds that the only option for locating a service area is an area visible from a street, internal pathway or pedestrian area, or from an adjacent property, the area must be screened with structural and or landscaping screening measures provided in subsection C of this section and Chapter 19.130 MTMC.
4.
Design for Safety. Other provisions of this section notwithstanding, service areas used by residents must be located to avoid entrapment areas and other conditions where personal security is potentially a problem. The director may require pedestrian-scaled lighting or other measures to enhance security.
5.
Locate and/or shield noise producing mechanical equipment such as fans, heat pumps, etc, to minimize sounds and reduce impacts at property lines adjacent to residentially zoned properties.
6.
Dumpster Storage Areas.
a.
Dumpster storage areas must be provided for all nonresidential and multifamily development.
b.
Dumpster storage areas must be on site and must not be located in the public right-of-way.
c.
Dumpster storage areas must be sized to accommodate the minimum dumpster sizes (as required by the applicable utility provider) for garbage, recycling, and composting.
C.
Screening of Ground-Related Service Areas and Mechanical Equipment. Service elements are encouraged to be integrated within the structure. Where they are not provided within the structure, the following standards apply:
1.
Where screening of ground-level service areas is required (see subsection (B)(3) of this section), the following applies:
a.
A structural enclosure must be constructed of masonry, heavy-gauge metal, or decay-resistant material that is also used with the architecture of the main building. The reviewing authority may allow materials other than those used for the main building if the finishes are similar in color and texture or if the proposed enclosure materials are more durable than those for the main structure. The walls must be sufficient to provide full screening from the affected roadway, pedestrian areas or adjacent use. The enclosure may use overlapping walls to screen dumpsters and other materials (see Figure 19.123.210(D)).
b.
Gates must be made of heavy-gauge, site-obscuring material. Chain link or chain link with slats is not an acceptable material for enclosures or gates.
c.
Where the interior of a service enclosure is visible from surrounding streets, pathways, and buildings, an opaque or semi-opaque horizontal cover or screen must be used to mitigate unsightly views. The horizontal screen/cover should be integrated into the enclosure design (in terms of materials and/or design).
d.
Collection points must be located and configured so that the enclosure gate swing does not obstruct pedestrian or vehicular traffic, or does not require that a hauling truck project into any public right-of-way. Ensure that screening elements allow for efficient service delivery and removal operations.
e.
The service area must be paved.
2.
The sides and rear of service enclosures must be screened with landscaping at least five feet wide in locations visible from the street, parking lots, and pathways to soften views of the screening element and add visual interest.
Departures to the provisions of subsections (C)(1) and (2) of this section will be considered per MTMC § 19.110.260 provided the enclosure and landscaping treatment meet the purpose of the standards and add visual interest to site users.
3.
Where loading docks are sited along block frontages (only allowed when no other reasonable options are available as determined by the director), they must be designed to minimize impacts on the pedestrian environment. Standards:
a.
Configure loading docks/bays to minimize their frontage length along blocks.
b.
Integrate architectural and/or landscaping design features to screen loading dock elements and add visual interest to pedestrians along adjacent sidewalks. See blank wall provisions of MTMC § 19.123.270 for standards and examples.
D.
Utility Meters, Electrical Conduit, and Other Service Utility Apparatus. These elements must be located and/or designed to minimize their visibility to the public. Project designers are strongly encouraged to coordinate with applicable service providers early in the design process to determine the best approach in meeting these standards. If such elements are mounted in a location visible from the street, pedestrian pathway, shared open space, or shared auto courtyards, they must be screened with vegetation and/or integrated into the building's architecture.
Figure 19.123.210(D) Utility meter location and screening – good and bad examples.  Place utility meters in less visible locations. The lower left example is successfully tucked away in a less visible location and screened by vegetation. The right image is poorly executed and would not be permitted in such visible locations (along the sidewalk). Such meters must be coordinated and better integrated with the architecture of the building. |
E.
Location and Screening of Roof-Mounted Mechanical Equipment.
1.
All rooftop mechanical equipment, including air conditioners, heaters, vents, and similar equipment must be effectively screened from public view both at grade and from nearby higher buildings with the exception of solar panels and roof-mounted wind turbines. Screening must be located so as not to interfere with operation of the equipment.
2.
Rooftop mechanical equipment and associated screening features must be set back from the exterior building walls by at least 10 feet. Exceptions may be made where the screening element is designed to help meet one or more building design standards of Article IV of this chapter.
3.
For rooftop equipment, all screening devices must be well integrated into the architectural design through such elements as parapet walls, false roofs, roof wells, clerestories, or equipment rooms. Screening walls or unit-mounted screening is allowed but less desirable. Wood must not be used for screens or enclosures. Louvered designs are acceptable if consistent with building design style. Perforated metal is not permitted.
4.
The screening materials must be of material requiring minimal maintenance and must be as high as the equipment being screened.
5.
Locate and/or shield noise producing mechanical equipment such as fans, heat pumps, etc., to minimize sounds and reduce impacts at property lines of adjacent properties.
Also see MTMC § 19.123.250(F) for design provisions for flat rooftops.
Figure 19.123.210(E) Examples of how to screen roof-mounted mechanical equipment  The left illustration shows how rooftop mechanical equipment can be located and screened effectively. The right images shows effective location and screening, including side walls and a trellis to screen views from taller surrounding buildings. |
(Ord. 2755 § 3 (Exh. B), 2019)