Chapter 17.40
MUR-2 MIXED USE RESIDENTIAL ZONE
Sections:
17.40.050 Primary permitted uses.
17.40.060 Permitted accessory uses.
17.40.080 General use regulations.
17.40.100 Development standards.
17.40.010 Title.
This chapter shall be called “MUR-2 Mixed Use Residential Zone.” (Ord. 1933 § 1 (Exh. A), 2023; Ord. 1857 § 2 (Exh. B), 2018).
17.40.020 Application.
This chapter shall apply to all uses and developments in areas zoned MUR-2. (Ord. 1933 § 1 (Exh. A), 2023; Ord. 1857 § 2 (Exh. B), 2018).
17.40.030 Purpose.
MUR-2 zone is intended to implement the MUR comprehensive plan designation by accommodating a mix of attached housing and commercial uses with an emphasis on residential uses. The MUR-2 zone is intended to create an environment that accommodates small scale commercial activities such as offices, professional services, home businesses, art galleries, and other similar uses that generate limited traffic, pollution, and noise, and primarily operate during daytime business hours. This zone is also intended to accommodate small scale craft industries and trades that are compatible with residential uses such as contractor’s offices and craft industries. Permitted residential uses include a variety of higher density housing types including duplexes, townhomes, and multiunit buildings. The development standards and design regulations for the MUR-2 zone are intended to create a streetscape and environment that has more traditional urban characteristics than the city’s residential zones, including buildings set close to the street, varied roof types, and intermittent commercial spaces, and to minimize conflicts between residential and nonresidential uses. (Ord. 1933 § 1 (Exh. A), 2023; Ord. 1857 § 2 (Exh. B), 2018).
17.40.040 Authority.
This chapter is adopted pursuant to the provisions of chapters 35A.63, 36.70A, and 36.70B RCW and other applicable laws and regulations. (Ord. 1933 § 1 (Exh. A), 2023; Ord. 1857 § 2 (Exh. B), 2018).
17.40.050 Primary permitted uses.
A. Detached dwellings;
B. Duplex dwellings;
C. Horizontally attached dwellings;
D. Multiunit buildings, small and medium;
E. Boarding houses;
F. Commercial child day care center, all sizes;
G. Small utilities;
H. Private schools, all sizes;
I. Meeting facilities, all sizes;
J. Professional offices;
K. Personal services;
L. Specialized instruction;
M. Craft industries;
N. Contractor’s offices;
O. Small eating and drinking establishments;
P. Small scale retail;
Q. Healthcare facilities, all sizes;
R. Veterinary clinics. (Ord. 1933 § 1 (Exh. A), 2023; Ord. 1857 § 2 (Exh. B), 2018).
17.40.060 Permitted accessory uses.
The following buildings, structures, and uses are permitted accessory uses in the MUR-2 zone. Accessory uses shall only be permitted when associated with, and incidental and subordinate to, a legally established primary use.
A. Normal Residential Appurtenances. The following uses and structures may be authorized as an accessory use in conjunction with a dwelling, multiunit building, or residential development: garages, recreation, exercise, or community rooms, manager’s office, storage shed, noncommercial gardens and greenhouses, swimming pools, laundry rooms and facilities, decks, patios, driveways, on-site utilities and utility connections, fences, and solar panels;
B. Keeping of not more than six household pets, four of which may be dogs, kept in the home. This limit shall not include birds, fish or suckling young of pets;
C. Family day care services;
D. Foster family care services;
E. Telecommunication mini facility, subject to the following requirements:
1. The mini facility 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 mini facility shall be exempt from design review 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. Mini facilities shall comply with the height limitation specified for all zones except as follows: Omnidirectional antennas may exceed the height limitation by 10 feet, or in the case of nonconforming structures the antennas may extend 10 feet above the existing structure. Panel antennas may exceed the height limitation if affixed to the side of an existing nonconforming building and blends in architecturally with the building. Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure;
F. Parking facilities;
G. Outdoor storage yards associated with a nonresidential use;
H. Urban agriculture. (Ord. 1933 § 1 (Exh. A), 2023; Ord. 1857 § 2 (Exh. B), 2018).
17.40.070 Conditional uses.
The following uses shall be considered conditional uses and shall require a conditional use permit:
A. Repealed by Ord. 1933;
B. Large multiunit buildings;
C. Medium utilities;
D. Minor industrial;
E. Medium scale retail;
F. Large nursing homes;
G. Laboratories and research facilities. (Ord. 1933 § 1 (Exh. A), 2023; Ord. 1857 § 2 (Exh. B), 2018).
17.40.080 General use regulations.
A. Uses generating noise levels incompatible with residential occupancy shall not be permitted and the following regulations shall apply to all uses:
1. Truck loading, deliveries, and other similar activities shall be prohibited except between the hours of 7:00 a.m. and 7:00 p.m.
2. Uses involving music, such as dance studios or music classes, and uses that could potentially generate noise impacts, such as eating and drinking establishments and craft industries, shall be conducted in a fully enclosed building and an approved acoustical wall installed to prevent excessive noise at the property line, or if in a mixed use building, to provide a noise barrier between the commercial and residential occupancy. Construction techniques shall be employed to ensure sound transmission control ratings are compatible with a mixed use environment.
B. Processing, handling, and storage of hazardous materials, including medical waste, is prohibited, except for small quantities as minimally necessary when incidental and secondary to a permitted use.
C. Outdoor storage shall only be permitted in an improved storage yard and shall be subject to the following standards:
1. Outdoor storage yards shall be secondary and incidental to a permitted use;
2. Must be paved with asphalt, concrete, or an approved permeable paving material;
3. In addition to any other standard prescribed in the landscaping section, outdoor storage yards shall be screened from view using a combination of fencing and landscaping;
4. Storage yards shall not be located between a building and the street, except on corner lots where storage yards may be located between a building and one street frontage if no feasible alternative exists;
5. Litter, trash, used appliances, used interior furnishings and discarded exterior furnishings and similar items are prohibited outdoors regardless of location;
6. Outdoor storage of junked, wrecked, or inoperable vehicles shall be prohibited;
7. Outdoor storage of any items that would be classified as a nuisance under chapter 8.12 BMC is prohibited.
D. Drive-through uses are prohibited.
E. Rural agricultural uses are not permitted.
F. No trailer, recreational vehicle, boat, camping trailer, fifth wheel, camper, van, car, or other similar type of mobile unit that is not a permanent structure attached to the ground, shall be used as a place of habitation or as a dwelling. Only site-built structures which comply with all applicable building code requirements and manufactured or modular homes which meet applicable state or federal standards for use as a dwelling unit may be used as a place of habitation or as a dwelling. (Ord. 1933 § 1 (Exh. A), 2023; Ord. 1857 § 2 (Exh. B), 2018).
17.40.090 Design standards.
A. Parking Facilities and Access.
1. Where alley access is available, off-street parking spaces and garages shall be accessed from the alley and no curb cuts shall be permitted. This requirement shall apply to all land divisions, the construction of new homes and buildings, and requests for new curb cuts;
2. Parking areas shall not be located between the building and the street and shall be fully screened from view using a combination of fencing and landscaping.
B. Heat pumps and other mechanical equipment shall only be permitted within 10 feet of a property line adjoining another residential development or dwelling if all equipment shall be equipped with a noise-baffling screen so there is no audible sound at the property line. All such equipment shall be fully screened from view using landscaping or fencing. Rooftop mechanical equipment shall be fully screened from view.
C. The following exterior finishes and materials shall be prohibited:
1. Vinyl siding;
2. T-111 plywood;
3. Exterior insulation finishing system (EIFS).
D. New subdivisions or developments that will result in 40 or more lots or dwellings shall include a common open space area for outdoor recreation.
E. Detached Dwellings. Detached dwellings shall only be permitted in the following circumstances:
1. On existing lots that have an area of 4,000 square feet or less;
2. The construction of two or more detached dwellings on an existing lot provided the resulting density is at least one unit per 4,000 square feet;
3. In a cottage development with a gross density of 15 units per acre or more;
4. As part of a development with a mix of building types and a gross density of 15 units per acre or more.
F. Multiunit and Horizontally Attached Dwellings.
1. Large multiunit buildings and buildings in any development that includes more than eight dwellings shall be designed by a licensed architect and detailed elevation drawings shall be provided with the land use permit application.
2. Multiunit buildings shall have frontage on a public or private street. The primary entrance for each building shall face the street and direct pedestrian access shall be provided between the entrance and the street.
3. For horizontally attached dwellings, each unit shall have its own exterior entrance and a direct pedestrian connection shall be provided between the entrance and the nearest street. For developments that include more than eight units, each unit shall have frontage on a public or private street and the primary entrance to each unit shall face the street.
4. Primary building entrances shall incorporate a covered porch or landing with a minimum area of 20 square feet and a minimum depth of three feet.
5. A consolidated garbage and recycling area shall be provided and shall be screened from view in accordance with the applicable landscaping standard.
6. The maximum building length shall not exceed 180 feet.
7. Street-facing facades of large multiunit buildings shall incorporate modulations at intervals of 60 feet or less as follows:
a. Each modulation shall have a minimum width of 15 feet and a minimum depth of six feet;
b. Balconies can be used to meet a portion of this requirement provided each balcony has an area of at least 80 square feet and a depth of at least six feet.
8. 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. Molding or other horizontally distinguishing transition trim, treatment, or embellishment.
9. Each building shall include architectural design elements or materials intended to break up the mass of the building and provide greater compatibility with the scale and appearance of surrounding residential structures. At a minimum all buildings must incorporate at least two of the following design elements:
a. Changes in the roofline at intervals of no more than 30 feet, such as variations in roof pitch, overhangs, projections, or extended eaves;
b. Include at least two dormers with a minimum width of three feet;
c. Include at least two balconies on front facade. Balconies shall have a minimum depth of six feet between the building wall and the balcony railing;
d. For buildings with more than one floor, reduce the area of the upper floor so that its area is less than that of the first floor. To receive credit for this design element, the front building wall on the upper floor shall be stepped back from the first floor a minimum of two feet. The portion of upper floor stepped back from the first floor shall have a minimum width of eight feet. Uncovered, or covered unenclosed, balconies can be used to receive credit for this design element provided they satisfy the minimum dimensional requirements of this provision.
10. Transition Areas. For developments that abut property zoned RD the following standards shall apply:
a. All residential buildings shall be set back at least 20 feet from parcels zoned RD. Any portion of a building higher than 25 feet or containing more than two stories shall be set back at least 40 feet from parcels zoned RD.
b. Balconies that face a parcel zoned RD shall be faced with a material such as frosted or opaque glass to provide visual privacy.
c. Parking spaces and access roads shall not be located within 20 feet of a parcel zoned RD.
d. A landscaped buffer shall be provided in accordance with the requirements of chapter 17.81 BMC.
G. Nonresidential Uses. (Reserved)
H. Manufactured Homes. Manufactured homes may be placed on any lot in an RA-2 zone where detached dwellings are permitted and regulated in accordance with the same standards and requirements applicable to site-built detached homes, except that the following additional regulations shall apply. These standards and requirements do not apply to legally established, nonconforming manufactured homes or manufactured homes placed within a manufactured home park.
1. The manufactured home shall be set upon a permanent foundation, as specified by the manufacturer, and the space between the bottom of the home and the ground shall be enclosed by concrete or an approved concrete product which may be either load bearing or decorative;
2. The manufactured home shall have been originally constructed with and shall now have a composition or wood shake or shingle, coated metal, or similar roof of nominal 3:12 pitch;
3. The manufactured home shall have exterior siding similar in appearance to siding materials commonly used on conventional site-built Uniform Building Code single-family residences;
4. The placement of the manufactured home shall be consistent with all other regulatory requirements generally;
5. Manufactured homes shall comply with all of the regulatory requirements and permit processing procedures identified in the chapter for site-built detached homes. (Ord. 1933 § 1 (Exh. A), 2023).
17.40.100 Development standards.
A. Lot Area and Dimension.
1. Minimum lot area: 1,500 square feet.
2. Minimum Lot Width.
a. For lots with no alley access or where curb cuts are permitted: 30 feet.
b. For lots with alley access or where curb cuts are prohibited by plat notes: 15 feet.
3. Minimum lot depth: 60 feet.
B. Maximum Density. New residential development, and the addition of dwelling units to existing residential structures, shall be subject to the following standards:
1. Dwelling Units per Building. A multifamily building shall not contain more than eight dwelling units;
2. Maximum Density. One residential building per lot.
C. Minimum Setback Requirements.
1. Front: 10 feet.
2. Street side: 10 feet.
3. Side: 10 feet.
4. Rear: five feet.
5. Alley: zero feet.
6. Setback Exceptions.
a. When authorized pursuant to this chapter, no property line setback shall apply to the common walls of zero lot line structures or horizontally attached dwellings;
b. All other buildings and structures: see chapter 17.70 BMC.
D. Minimum Building Separation.
1. Primary structures: 30 feet.
2. Accessory structures: 10 feet.
3. Exceptions: When authorized pursuant to this chapter no separation requirement shall apply between zero lot line structures or horizontally attached dwellings that share a common wall.
E. Maximum building and impervious surface coverage: none.
F. Maximum building height: 45 feet. (Ord. 1933 § 1 (Exh. A), 2023; Ord. 1857 § 2 (Exh. B), 2018. Formerly 17.40.090).