17.07.230 - Similar or related uses.
17.07.260 - Community environmental performance standards.
17.07.270 - Lot, yard, and open space requirements.
The low-intensity mixed use (MU) designation is intended to provide for a mixture of residential and commercial uses in close proximity to or integrated within the same structure while maintaining a high degree of design standards. The designation is intended to maintain the historic and small town character of existing neighborhoods and gateway while allowing compatible commercial development to occur.
(Ord. No. 47-09, Attach. A, 6-2-2009)
A.
"Common Open Space" means that portion of lot or parcel not developed, built upon or occupied by buildings, parking areas, driveways and the like; other than minimal appurtenances such as walkways designed and intended to make such open space usable and accessible, and the use of which is intended for and accessible to all of the persons residing in the development of which the open space is a part.
B.
"Cooperative Housing" means an arrangement in which an association or corporation owns a group of housing units and the common areas for the use of all the residents. The individual participants own a share in the cooperative, which entitles them to occupy an apartment or house as if they were owners, to have equal access to the common areas, and to vote for members of the Board of Directors which manages the cooperative.
(Ord. No. 47-09, Attach. A, 6-2-2009)
Permitted uses listed below are intended as a guide to types of uses that are allowed in the low intensity mixed use zone. The community development director or his/her designee will make the determination as to whether a proposed use is permitted.
A.
Commercial uses, including, but not limited to the following:
1.
Bakeries;
2.
Business and professional offices;
3.
Assisted living and convalescent homes;
4.
Day care facilities;
5.
Drug stores;
6.
Grocery and hardware stores;
7.
Liquor stores;
8.
Medical and dental offices;
9.
Personal services;
10.
Retail stores;
11.
Restaurants without drive through windows;
12.
Social services;
13.
Auto repair and service.
B.
Residential Uses. All residential uses are permitted with a density of between four and twelve units per acre;
C.
Residential uses above commercial;
D.
Cooperative housing;
E.
Gas stations (retail sale of gasoline and related convenience items only, no service available) within three hundred feet of direct access (on- or off-ramp) to a Washington State or United States Highway.
F.
Drive-thru restaurants, subject to site plan approval, and within three hundred feet of direct access (on- or off-ramp) to a Washington State or United States Highway.
(Ord. No. 47-09, Attach. A, 6-2-2009)
The following accessory uses are permitted:
A.
Light manufacture of consumer goods that is incidental to an on-premises retail use, provided that:
1.
There shall be no unusual fire, explosion or safety hazards;
2.
The applicant shall demonstrate to the Community Development Director or his/her designee that noise does not exceed the maximum permissible noise level set forth in WAC 173.60 or MCC 9.36
3.
There shall be no emissions in excess of any density prescribed by the air pollution control authority.
B.
Storage, processing, or use of hazardous substances incidental to a permitted use in compliance with applicable county and state regulations.
C.
Hazardous waste treatment and storage facilities incidental to a permitted use in compliance with applicable county and state regulations.
(Ord. No. 47-09, Attach. A, 6-2-2009)
17.07.230 - Similar or related uses.
Similar or related uses permitted and the criteria for determination of similarity or relatedness are as follows:
A.
Uses similar to, or related to, those listed in Section 17.07.220A are permitted upon a finding of Community Development Director or his/her designee that a particular unlisted use does not conflict with the intent of this chapter or the policies of the comprehensive plan.
B.
The criteria for such finding of similarity shall include but not be limited to the following:
1.
The proposed use is appropriate in this zone given the emphasis on small-town character, mass transit and mixed use;
2.
The development standards for permitted uses can be met by the proposed use;
3.
The proposed use will be compatible with and complementary to adjacent uses and uses within the corridor in general.
(Ord. No. 47-09, Attach. A, 6-2-2009)
Special uses, including, but not limited to the uses listed below, subject to the conditions set forth in Chapter 17.05 of this title.
A.
Community clubs;
B.
Hotels and motels;
C.
Public utilities and facilities;
D.
Recreational vehicle parks;
E.
Churches.
(Ord. No. 47-09, Attach. A, 6-2-2009)
Uses other than those identified or described in Sections 17.07.220, 17.07.225, 17.07.230, and 17.07.240 of this chapter are prohibited.
(Ord. No. 47-09, Attach. A, 6-2-2009)
17.07.260 - Community environmental performance standards.
A.
Storage: Unscreened outside storage of any kind is prohibited.
B.
Refuse:
1.
Except when placed on an alley or at the rear of a single-family residence, refuse containers shall be screened with a material and design compatible with the overall architectural theme of the associated structure, shall be at least as high as the refuse container, shall in no case be less than six feet high, and shall comply with county public works standards for design and accessibility. Deposited refuse shall not be visible from outside the enclosure;
2.
Except for those periodically placed on the right-of-way for curbside collection, no refuse container shall be permitted between a street and the front of a building.
(Ord. No. 47-09, Attach. A, 6-2-2009)
17.07.270 - Lot, yard, and open space requirements.
A.
Minimum lot size: Six thousand square feet. Lots may contain more than one use and will be a shape and design appropriate to the zone and intended uses as determined by the county.
B.
Front yard: Minimum fifteen feet.
C.
Side yard: Minimum ten feet.
D.
Rear yard: Zero feet, except when property adjoins a land use district with greater setbacks, the setback of the adjacent use shall apply.
E.
Maximum building coverage: Thirty-five percent; however, this may be increased up to a maximum of fifty-five percent if a corridor that facilitates pedestrian access through the block or along a creek, lake, or other natural amenity is provided.
Note: This bonus is to be added to the base allowable building coverage.
F.
Maximum development coverage: Maximum coverage by impervious surfaces shall be sixty percent, unless a density bonus is granted. A maximum bonus of twenty percent is allowed. Projects that provide a corridor that facilitates pedestrian access through the block or along a creek, lake, or other natural amenity are eligible for this density bonus.
Note: This bonus is to be added to the base allowable impervious surface coverage. The provisions of the Mason County Code regarding stormwater runoff, parking, landscaping, and design requirements may further limit impervious surfaces.
G.
Building height: not more than thirty-five feet.
H.
Open space: All development that contains four or more attached units must provide at least 200 square feet per unit of common open space usable for many activities. The amount of open space and recreational facilities should be proportional to the density of the development (i.e., as density increases and/or as lots become smaller, there is a greater need for common open space available to all of the residents, guests and visitors to the development.) This required common open space shall at a minimum meet the following criteria:
1.
For four to twenty units, the open space must be in one or more pieces each having at least eight hundred square feet and having a length and width of at least twenty-five feet.
2.
For twenty-one units or more, a minimum of ten percent of the total space must be provided in usable open space. The open space must be in one or more pieces having a length and width of at least forty feet.
3.
The required common recreational open space may be reduced by twenty-five percent if amenities such as, but not limited to, the following are provided in the common open space:
a.
Commercial grade children's play structure.
b.
Benches or other seating features.
c.
Picnic shelter.
d.
Sports court.
Community Development staff shall determine if the proposed amenities provide comparable recreation opportunities as would the open space that is reduced.
4.
The open space area may be located in any required setback area, except street setbacks, so long as the uses thereof are compatible and permissible.
5.
Open spaces shall provide for uses/activities that appropriately serve the anticipated residents and users of the development.
6.
Up to fifty percent of a development's open space requirement may be satisfied by wetland and/or critical area habitat and required critical areas buffers in consideration of the significant passive recreation opportunities provided by said lands.
(Ord. No. 47-09, Attach. A, 6-2-2009)
Off-street parking shall be provided in accordance with Chapter 17.08 of this title, provided:
A.
On-street parking shall be allowed to help satisfy parking requirements provided paved street widths provide adequate room pursuant to city standards for on-street parking.
B.
Except where lot shape or size dictates otherwise, off-street parking shall be located to the rear or the side of the building.
(Ord. No. 47-09, Attach. A, 6-2-2009)
Requirements of Chapter 17.07.800 of this title shall be satisfied. All development of more than six residential units per gross acre must be landscaped in accordance with Chapter 17.07.860.
(Ord. No. 47-09, Attach. A, 6-2-2009)
All applicable requirements of Section 17.07.900 of this title shall be satisfied. Conversions and rehabilitations of existing structures which do not alter the design and character of the original structure are exempt from the design requirements.
(Ord. No. 47-09, Attach. A, 6-2-2009)
Administrative decisions of the Community Development Director or her/his designee shall be final and conclusive, unless a written statement of appeal is filed using the appeal procedures contained in Mason County Development Code Chapter 15.11, Appeals. Said statement shall set forth any alleged errors and/or the basis for appeal and shall be accompanied by a fee in an amount as set by resolution of the board.
The timely filing of an appeal shall stay the effective date of the decision until such time as the appeal is heard and decided or is withdrawn. The burden of proof regarding modification or reversal shall rest with the appellant.
(Ord. No. 47-09, Attach. A, 6-2-2009)