TUMWATER
MUNICIPAL CODE

City of Tumwater Home Page

Title 1
GENERAL PROVISIONS

Title 2
ADMINISTRATION, PERSONNEL

Title 3
REVENUE AND FINANCE

Title 4 (RESERVED)

Title 5 
BUSINESS TAXES, LICENSES, REGULATIONS

Title 6
ANIMALS

Title 7 (RESERVED)

Title 8 
HEALTH, SAFETY

Title 9 
PUBLIC PEACE, MORALS AND WELFARE

Title 10 
VEHICLES AND TRAFFIC

Title 11  TELECOMMUNICATIONS/ TELECOMMUNICATIONS FACILITIES

Title 12
STREETS, SIDEWALKS AND PUBLIC PLACES

Title 13 
PUBLIC SERVICES

Title 14 
DEVELOPMENT CODE ADMIN.

Title 15 
BUILDINGS AND CONSTRUCTION

Title 16 
ENVIRONMENT

Title 17
LAND DIVISION

Title 18
ZONING

 

 

Chapter 18.20
MU MIXED USE ZONE DISTRICT

Sections:
18.20.010 Intent.
18.20.020 Definitions.
18.20.030 Permitted uses.
18.20.040 Accessory uses.
18.20.050 Conditional uses.
18.20.060 Development standards.

18.20.010  Intent.
      It is the intent of the Mixed Use (MU) zone that there be a mixture of land uses in close proximity.  Mixed use can include: development of a parcel or structure with one or more different land uses, such as combination of residential, office, retail, public, or entertainment in a single or physically integrated group of structures.
      The Mixed Use zone provides an opportunity to develop areas in Tumwater that are transit oriented and pedestrian friendly while still accommodating automobiles, and provide affordable housing and quality community design.
      Over time, areas in this zoning district are intended to gradually change from strip commercial development and other low-intensity or non-pedestrian oriented uses into a mixed use, pedestrian, auto and transit oriented corridor.
      Mixed use is desirable in these areas in order to:
      A.  Create vibrant places and increase pedestrian business activity
      B.  Increase security
      C.  Promote full time use of facilities
      D.  Encourage a variety of businesses which offer retail goods or consumer services that appeal to pedestrians and/or serve the needs of the surrounding neighborhood.
      E.  Create a transit/pedestrian orientation which lessens traffic impacts by providing ready access to transit facilities and provides places to work and shop adjacent to living spaces, thus lessening the need to drive.
      F.  Provide affordable housing by providing more available building lots at a lower cost.
      G.  Create a pedestrian friendly environment with well designed streets and public open spaces.
      H.  Provide a sense of community and place with quality community design.
(O95-035, Added, 12/19/1995; O96-022, Amended, 12/17/1996)

18.20.020  Definitions.
      Mixed use development
      "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:
      A.  Complementary land uses - land uses that are at least compatible and, preferably, work together for mutual benefit (e.g. personal commercial services that serve adjacent residences); and
      B.  Convenient pedestrian connections.
(O95-035, Added, 12/19/1995; O96-022, Amended, 12/17/1996)

18.20.030  Permitted uses.
      Uses permitted in the Mixed Use district are as follows:
      A.  Professional services;
      B.  Retail sales;
      C.  General offices;
      D.  Support facilities;
      E.  Parks/open space and recreation facilities;
      F.  Restaurants;
      G.  Post offices;
      H.  Motels, hotels;
      I.   Planned unit development (PUD) (See Chapter 18.36)
      J.   Medical clinics
      K.  Child day care center; child mini-day care center;
      L.  Adult family homes, residential care facilities;
      M. Group foster homes;
      N.  Private clubs and lodges;
      O.  Family child care home;
      P.  All residential uses provided the minimum density standards in Section 18.20.060 are met;
      Q.  Personal services;
      R.  Used motor oil recycling collection point;
      S.  Nurseries;
      T.  Museum, library, art gallery;
      U.  All uses not permitted which were legally established prior to January 1, 1996, except where there is a cessation of the use for 3 or more years;
      V.  Civic center complex;
      W. Centers for senior citizens, youth, general community and similar groups;
      X.  Entertainment facilities.
      Y.  Attached wireless communication facilities, except that it is prohibited to attach a non-accessory wireless communication antenna on a single family or two-family dwelling;*
      Z.  Senior housing facilities.
*Emergency communication towers and antennae, wireless communication facilities, and building heights greater than fifty feet are subject to Federal Aviation Administration (FAA) standards and approval if they apply, and furthermore that emergency communication towers and antennae and wireless communication facilities are also subject to provisions for wireless communication facilities in Tumwater Municipal Code, Chapter 11.20, "Communication Antennae and Towers."
(O2000-004, Amended, 07/18/2000; O97-019, Amended, 06/17/1997; O96-022, Amended, 12/17/1996; O95-035, Added, 12/19/1995)

18.20.040  Accessory uses.
      Accessory uses in the Mixed Use district are as follows:
      A. On-site hazardous waste treatment and storage facilities;
      B. Cocktail lounges as an accessory use to restaurants;
      C. All uses customarily accessory to permitted uses;
      D. Home occupation, as approved by Director of Development Services;
      E. Accessory wireless communication antenna.*
*Emergency communication towers and antennae, wireless communication facilities, and building heights greater than fifty feet are subject to Federal Aviation Administration (FAA) standards and approval if they apply, and furthermore that emergency communication towers and antennae and wireless communication facilities are also subject to provisions for wireless communication facilities in Tumwater Municipal Code, Chapter 11.20, "Communication Antennae and Towers."
(O97-019, Amended, 06/17/1997; O96-022, Amended, 12/17/1996; O95-035, Added, 12/19/1995)

18.20.050  Conditional uses.
      Conditional uses in the Mixed Use district are as follows:
      A.  Taverns, cocktail lounges;
      B.  Animal clinics;
      C.  Convalescent centers;
      D.  Off-premises signs;
      E.  Public and/or private schools;
      F.  Building heights greater than fifty (50) feet or five stories; *
      G.  The following essential public facilities:
            1.   Emergency communication towers and antennae,*
            2.   State education facilities,
            3.   Mental health facilities (including but not limited to congregate care facilities; adult residential treatment facilities; evaluation and treatment centers.),
            4.   Inpatient facilities including substance abuse facilities (including but not limited to: intensive inpatient facilities; long term residential drug treatment facilities; recovery house facilities;
      H.  Churches;
      I.   Parking lots as separate, primary uses, including park and ride lots;
      J.   Parking structures;
      K.  Automobile service stations.
      L.  Freestanding wireless communication facilities;**
*Subject to Federal Aviation Administration (FAA) standards and approval if they apply.
**Emergency communication towers and antennae, wireless communication facilities, and building heights greater than fifty feet are subject to Federal Aviation Administration (FAA) standards and approval if they apply, and furthermore that emergency communication towers and antennae and wireless communication facilities are also subject to provisions for wireless communication facilities in Tumwater Municipal Code, Chapter 11.20, "Communication Antennae and Towers."
(O97-019, Amended, 06/17/1997; O96-022, Amended, 12/17/1996; O95-035, Added, 12/19/1995)

18.20.060  Development standards.
      Development standards in the Mixed Use zone are intended to achieve a human-scale, pedestrian and transit-oriented environment.
      A.  Densities:  All development including but not limited to development which includes commercial and residential uses within the same building or on the same lot shall be required to meet the provisions of either 1 or 2 below.
            1.   Commercial:
                  a.   A minimum floor area ratio (FAR) of .25 or a total of .25 square feet of gross area per 1 square foot of site area is required.
                  b.   The maximum floor area ratio (FAR) shall be 2.0 or a total of 2.0 square feet of gross area per 1 square foot of site area
                  c.   A commercial structure shall be no more than 50,000 square feet gross floor area.  This requirement may be waived by the Development Services Director based upon a finding that the proposed use can conform to other requirements of the Mixed Use zone, is designed to accommodate the pedestrian emphasis, incorporates residential uses, and is compatible and complementary to surrounding uses in the zone.
            2.   Residential:
                  a.   A minimum average density of 14 dwelling units per net acre is required.  This is calculated by averaging the densities of all of the different types of housing provided within the development.
      B.   Building Coverage and Open Space
      No more than 85% of the square footage of the site may be covered by buildings and parking.  The site must be landscaped in accordance with Chapter 18.47 of this code.
      C.   Setbacks & Yard Area
            1.   Front:  No minimum.
            2.   Side:  No minimum.
            3.   Rear:  No minimum.
      Where any structures or portions of structures, containing any permitted, accessory  and/or conditional use allowed by this chapter, are adjacent to any Single-Family Low or  Single-Family Medium Density residential zoning district, the minimum setback shall be twenty feet and shall be screened from view in accordance with Chapter 18.47;
      D.  Open storage
      Open storage is prohibited with the exception of nurseries.  Long-term parking of operational company cars, light trucks, and vans within parking lots shall not be construed to be open storage.
      E.   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.
      F.   Building Height
      Buildings shall not be constructed over fifty (50) feet or five stories, whichever is less, except as provided in Section 18.20.050; provided, however, that no structure shall penetrate imaginary airspace surfaces as defined by Title 14 of the Code of Federal Regulations, Part 77.  A map that provides detailed information on ground and imaginary airspace surface elevations is available for inspection in the Development Services Department.
      G.   Signs
            The requirements of Chapter 18.44 applicable to the Mixed Use zone district must be met.
      H.  Pedestrian access
            1.   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. 
            2.   Sidewalks, walkways or pedestrian systems shall be required and constructed according to the city's road development standards or as approved by the Development Services Director.
            3.   Where the 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 Development Services Director.  Striping may be permitted only in conjunction with at least one of the preceding methods.
                  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.
(O2004-009, Amended, 12/07/2004; O98-009, Amended, 10/20/1998; O97-024, Amended, 03/03/1998; O96-022, Amended, 12/17/1996; O95-035, Added, 12/19/1995)

Updated: July 6, 2007