Chapter 17.50 TC-P TOWN CENTER MEDICAL AND PROFESSIONAL OFFICE ZONE

The TC-P zone is intended to provide a central location for the development of integrated medical and professional facilities and uses. (1964 Code Appx. A § 8.20.)

17.50.020 Permitted uses.

Buildings, structures and land shall be used, and buildings and structures shall hereafter be constructed, erected, altered, converted, established or enlarged only for the following uses, plus such other uses as the commission and council may deem (pursuant to Chapter 17.60 CMC) to be similar, not more obnoxious or detrimental to the public health, safety and welfare, and related to the functioning of the town center. All such uses shall be within an enclosed building unless specifically stated otherwise:

A. Medical Services and Uses.

1. Ambulance service,

2. General medical-related research and laboratories not involving manufacturing, fabrication or processing or sale of products listed in any commercial or manufacturing zone,

3. Hospitals with related service uses,

4. Medical, dental and therapeutic clinics and offices,

5. Medical, dental and therapeutic equipment sales, rentals and supplies not to exceed 2,500 square feet of floor area,

6. Optometrist, chiropractor and similar uses,

7. Orthopedic equipment sales, rentals and supplies not to exceed 2,500 square feet of floor area,

8. Pharmacy not to exceed 2,500 square feet of floor area;

B. Professional Services and Uses (where no chattels or goods, wares or merchandise are manufactured or sold). All such uses shall be within an enclosed building and shall not be developed as drive-up facilities unless specifically stated otherwise:

1. Administrative offices,

2. Architectural offices including landscape architecture, and similar design-orientated professions,

3. Accounting and bookkeeping offices,

4. Data processing and programming,

5. Employment agencies,

6. Engineering, surveying offices,

7. Financial institutions, including banks and financial consulting offices,

8. Insurance office,

9. Legal services,

10. Real estate sales offices or brokers,

11. Stock brokerage,

12. Tax consultant,

13. Any similar related use that by its operation is suitable in this district or zone and is in harmony with the uses on abutting properties in the same district or zone. (Ord. 1549 § 2, 1983; 1964 Code Appx. A § 8.21.)

17.50.030 Uses permitted subject to conditional use permit.

The following uses are permitted subject to a conditional use permit:

A. Buildings in excess of four stories;

B. Book shop;

C. Churches;

D. Confectionery store;

E. Conversions of residential buildings to nonresidential uses subject to CMC 17.76.010 through 17.76.040;

F. Day care nurseries as an appurtenant use in conjunction with churches, provided such nurseries are operated on a nonprofit basis;

G. Educational institutions;

H. Florist and gift shops;

I. Libraries and reading rooms;

J. Museums;

K. Pharmacy in excess of 2,500 square feet of floor area;

L. Public utility facilities;

M. Off-sale of beer and wine in conjunction with a bona fide food store;

N. Public parking lot;

O. Residential uses excluding first two floors and in conjunction with a professional building complex;

P. Restaurant, tea room, cafe, when in conjunction with an office building complex, providing no dancing or theatrical performances are conducted. (Ord. 97-1814 § 1, 1997; Ord. 1597 § 2, 1985; Ord. 1469 §§ 1, 2, 1980; 1964 Code Appx. A § 8.22.)

17.50.040 Prohibited uses.

The following uses are expressly prohibited in the TC-P zone:

A. Residential uses, except as otherwise provided in this chapter;

B. Automobile service station;

C. Industrial uses;

D. Retail sales, except as provided in this chapter;

E. Trailer parks;

F. Wholesaling and warehousing;

G. Adult bookstore, adult mini-motion picture theater, adult motion picture arcade, adult motion picture theater and massage establishment:

1. Located within 500 feet of any area zoned for residential use;

2. Located within 500 feet of the property line of any of the following uses or facilities:

a. Church or other facility used primarily for worship or other religious purposes,

b. City, county, state, federal or other governmental public buildings, including, but not limited to: city halls, schools, libraries, police and fire stations and post offices,

c. Hospital and convalescent facilities,

d. Parks and playgrounds,

e. Senior, youth or similar centers. (Ord. 1438 § 20, 1979; 1964 Code Appx. A § 8.23.)

17.50.050 Property development standards generally.

The standards contained in CMC 17.50.060 through 17.50.250 shall apply to all buildings, structures and land uses for permitted uses in this zone. In addition, all buildings and structures in this zone shall be subject to review by the architectural board of review. (1964 Code Appx. A § 8.24.)

17.50.060 Lot area.

All buildings or structures proposed on any parcel in this zone shall be reviewed by the planning department in accordance with Chapter 17.64 CMC (Site Plan Review). The owner, builder or developer shall provide such data and information which will assist in the determination of the adequacy of the parcel’s size and dimension.

Where it is found by the planning department that the parcel is insufficient in size and dimension in accordance with Chapter 17.64 CMC, the owner, builder or developer will be advised and no building permit shall be issued if subject parcel is found to be inadequate. The lot will be sufficient if it can accommodate the minimum parking, open space, landscape and yard requirements for the size of the building proposed. (1964 Code Appx. A § 8.24.)

17.50.070 Lot dimensions.

For provisions on this subject, see CMC 17.50.060. (1964 Code Appx. A § 8.24.)

17.50.080 Population density.

There are no population density provisions for the TC-P district. (1964 Code Appx. A § 8.24.)

17.50.090 Building height.

No building shall exceed a height of four stories except by conditional use permit. (1964 Code Appx. A § 8.24.)

17.50.100 Yards – Structures less than two and one-half stories or 35 feet in height.

When buildings or structures are less than two and one-half stories or 35 feet in height, the following method shall be used to determine yard setback requirements:

A. When the TC-P zone fronts, sides or rears on a street, there shall be a minimum yard area abutting the street equal to 20 percent of the lot depth multiplied by one-half the width of the lot frontage. While the setback line may vary, the minimum yard area required shall be maintained. The architectural board of review shall determine if the minimum width or depth of the yard satisfies the intent of this section. Parking areas or driveways shall not be considered as satisfying the yard requirements. Corner lots will be considered as having two street frontages and, subsequently, two yard areas;

B. When a building in the TC-P zone abuts a public alley or parking area and possesses a rear entry which faces the public alley and parking area, then a portion of the required front yard may be developed and maintained at the rear of the building;

C. When the TC-P zone abuts a residential zone it shall comply with the minimum yard requirements of the residential zone. (1964 Code Appx. A § 8.24.)

17.50.110 Yards – Structures exceeding two and one-half stories or 35 feet in height.

When buildings or structures exceed two and one-half stories or 35 feet in height, the following method shall be used to determine the setback:

A. All structures shall observe an average angle setback of 50 degrees when abutting a public dedicated street, measured from the existing property line or the ultimate right-of-way line;

B. When the TC-P zone abuts residentially zoned property, all structures shall observe an average angle setback of 50 degrees measured from the property line separating the two zones;

C. When the TC-P zone abuts a public alley which is the boundary between the zone and any residential zone, all structures shall observe an average angle setback of 50 degrees measured from the opposite side of alley. (1964 Code Appx. A § 8.24.)

17.50.120 Yards – Exceptions – Permitted projections into required yards and setbacks.

A. Architectural projections such as sculptural detailing and modeling, arcades, cornices, cantilevered beams and similar features may encroach into the required yard area; however, they shall be subject to the review and approval of the architectural review board.

B. Safety, health, utility or communication equipment may encroach into the required yard when attached to the ground, provided this equipment is entirely screened with an ornamental masonry material, the same as, or equal to, that used on the main building. The equipment may project from a wall of the building or structure provided it shall also be screened with an ornamental material. If the equipment is designed in such a way as to complement the architecture of the building or structure, then it may be exposed subject to the review and approval of the architectural review board of the design and character of the equipment. (1964 Code Appx. A § 8.24.)

17.50.130 Distance between buildings.

A minimum distance between buildings or structures on the same lot shall not be less than 10 feet. The architectural review board may modify this distance if it involves architectural features. (1964 Code Appx. A § 8.24.)

17.50.140 Fences and walls – Required walls.

A six-foot wall measured from the highest finished grade is required when the property adjoins a residential or agricultural zone. Walls shall be reduced to not more than three feet in height in any required yard abutting a street, in the area defined by a line which is the prolongation of the front yard required in the abutting residential or agricultural zone, and shall conform to corner cutback provisions. (1964 Code Appx. A § 8.24.)

17.50.150 Fences and walls – Hazardous areas.

A fence or wall not more than six feet in height may be required along the perimeter of all areas which by reason of the conditions on the property or physical hazards, such as frequent inundation, erosion, excavation or grade separation, are considered by the commission to be dangerous to the health and safety. (1964 Code Appx. A § 8.24.)

17.50.160 Fences and walls – Corner cutback area regulations.

The following regulations shall apply to all intersections of streets, alleys and private driveways in order to provide adequate visibility for vehicular and pedestrian traffic. There shall be no visual obstruction within the cutback areas established herein:

A. There shall be a corner cutback area at all intersecting and intercepting streets and alleys. The cutback line shall be a horizontal plane making an angle of 45 degrees with the side, front or rear property line, as the case may be. It shall pass through the closest intersection of yard setback lines at the corner of the lot where visibility is required.

B. There shall be a corner cutback area on each side of any private driveway intersecting a street or alley. The cutback lines shall be in a horizontal plane making an angle of 45 degrees with the side, front or rear property line, as the case may be. They shall pass through a point not less than 10 feet from the edges of the driveway where it intersects the street or alley right-of-way.

C. Where, due to an irregular lot shape, a line at a 45-degree angle does not provide for intersection visibility, the corner cutback shall be defined by a line drawn from a point on the front (or rear) property line that is not less than 17 feet from the intersection of the side and front (or rear) property lines and through a point on the side property line that is not less than 17 feet from the intersection of the side and front (or rear) property lines. (1964 Code Appx. A § 8.24.)

17.50.170 Permitted fences, hedges and walls.

A. Fences, hedges, walls and retaining walls, not greater than six feet in height, shall be permitted on or within all property lines not abutting streets and on or to the rear of all yard setback lines of yards abutting streets.

B. Fences, hedges, walls and retaining walls not over three feet in height shall be permitted in required yards abutting streets. In any required corner cutback area, only openwork fences shall be permitted. Walls, hedges and other visual obstructions are prohibited. (1964 Code Appx. A § 8.24.)

17.50.180 Fences and walls – Tennis courts.

To enclose tennis courts or other game areas located within the rear half of the lot, fences over six feet in height shall be permitted; provided, that portion of the fence which is higher than six feet shall be composed of wire mesh or other material whose vertical surface is not more than 10 percent solid. (1964 Code Appx. A § 8.24.)

17.50.190 Off-street parking.

The provisions of CMC 17.72.010 through 17.72.120, except for CMC 17.72.030, shall apply. (Ord. 1300 § 4, 1975; 1964 Code Appx. A § 8.24.)

17.50.200 Access.

There shall be adequate vehicular access to off-street parking facilities from a dedicated street, service road or alley. The design of the access shall conform to all standards and specifications of the city. (1964 Code Appx. A § 8.24.)

17.50.210 Signs – Generally.

The provisions of Chapter 17.74 CMC shall apply. (1964 Code Appx. A § 8.24.)

17.50.220 Allowable signs and special regulations.

A. Each business shall be permitted one pedestrian-oriented sign per entrance, to be mounted flat against the building or suspended from an overhanging architectural feature which is an integral part of the building. Such sign may not exceed six square feet per face.

B. Each business shall be permitted one sign per occupancy frontage when mounted flat against the building, or one projecting sign not to project more than two feet into the public right-of-way and not to project above the roofline of the building. The overall area devoted to signs may not exceed 10 percent of the area of the first story height of the building. Each side of the projecting sign shall be included in the maximum overall area allowed.

C. When the principal building rears onto a public alley or parking lot with a public entrance directly serving those areas, an additional sign may be erected at that entrance. The area devoted to such sign shall not exceed six percent of the rear face of the building to the first story height, and such sign must be mounted flat against the building.

D. Each property with a building setback of at least 10 feet and having a lot frontage greater than 45 feet shall be permitted one monument sign. Such signs shall not be closer than 50 feet from any other sign on the same side of the street and shall not exceed an area of 15 square feet per face nor an overall height of four feet.

E. “Murals” are permitted in the TC-P zone as outlined in CMC 17.74.061.

F. “Painted signs” are permitted in the TC-P zone as outlined in CMC 17.74.062.

G. “Sidewalk signs” and “pennant/flags” are permitted in the TC-P zone as outlined in CMC 17.74.063.

H. Each business shall be permitted two window signs per occupancy. Such signs shall not exceed 20 percent of the window space in which they are displayed. Each sign shall be of a permanent nature and not painted, pasted, taped or affixed in any way to the window surface except as allowed by CMC 17.74.020.

I. Architectural projections and/or awnings attached to the building and extending into the public right-of-way will be allowed signing along the border trim. The maximum size of copy to be an eight-inch letter, but in no case can the copy exceed 40 percent of the border trim. Any border sign will be in place of the building face sign. Any border sign extending over the public right-of-way perpendicular to the building face will be considered as a pedestrian sign. (Ord. 01-1879 § 3, 2001; Ord. 00-1860, 2000; Ord. 1392 § 12, 1978; 1964 Code Appx. A § 8.24.)

17.50.230 Loading.

The provisions of CMC 17.72.130 and 17.72.140 shall apply. (1964 Code Appx. A § 8.24.)

17.50.240 Landscaping requirements.

Required landscape area shall be provided in accordance with the following:

A. Landscape space shall be determined by the floor area ratio selected by the property owner, builder or developer to determine the density of the parcel:


Floor Area Ratio	Landscape Ratio
1 or less	10% of building site
Over 1	20% of building site

B. The minimum landscape ratio shall represent a percentage of the entire site to be landscaped. Approximately one-half of such required landscaping shall generally be distributed throughout the parking lot with the remainder being distributed around the building or other appropriate locations;

C. All required landscaping and landscape areas shall be enclosed with at least a minimum six-inch high by six-inch wide continuous concrete curb. The architectural board of review may require that the minimum curbing be constructed of such material or size and height as to enhance the style and character of the main building. If perpendicular to a parking space, then a continuous concrete curbing shall be located in such a way as to reduce the potential damage to a wall;

D. When parking stalls are adjacent to or nearly perpendicular to landscape areas, a continuous concrete curbing shall be located where wheel bumpers are located approximately 18 inches from the end of the parking stall;

E. When automobile or vehicle parking spaces, or driveways on private property, are adjacent to a public or pedestrian sidewalk, it shall be separated with a minimum five-foot-wide landscape area for the length of the parking adjacent to the sidewalk;

F. Trees in the parking lot shall be spaced at least one tree for every 1,500 square feet of parking area. The trees may be located in groupings or in regular intervals or in such a manner as to enhance the appearance of the parking lot;

G. One tree shall be required for each 600 square feet of required landscaping, adjacent to buildings; however, the trees may be located in groupings, regular intervals or in such manner as to enhance the architecture of the building;

H. All required landscaping areas in the parking lot or area shall not be less than 25 square feet in area or four feet in width, measured from the inside of the planter. When parking stalls are designed in such a way to create pockets of unusable parking space, then they shall be developed as landscape space, provided they are not less than 25 square feet in area. Unusable pockets less than 25 square feet in area need not be landscaped. (1964 Code Appx. A § 8.24.)

17.50.250 Architectural standards.

A. Materials similar to those utilized on the main building shall also be utilized on: accessory uses; buildings; utility, safety, health and communication equipment enclosures; trash enclosures; stairwells; walls and similar appurtenances.

B. All roof equipment and machinery shall be entirely screened from view with a screening device utilizing materials which are compatible to materials used on the main building.

C. All pedestrian walkways adjacent to public sidewalks shall utilize a textured paving material compatible to materials used on the building. (Ord. 1679 § 18, 1988; 1964 Code Appx. A § 8.24.)

17.50.260 Site plan review.

The provisions of Chapter 17.64 CMC shall apply. (1964 Code Appx. A § 8.25.)