Chapter 17.54
C-4 NEIGHBORHOOD COMMERCIAL DISTRICT
Sections:
17.54.095 Development requirements.
17.54.010 Intent.
The intent of these regulations is to establish and preserve newly developed, less intense commercial areas that are within the boundaries of new residential neighborhoods established through the planned unit development (PUD) process while minimizing any undesirable impact on the surrounding neighborhoods as a result of such use. The comprehensive plan identifies potential “neighborhood retail” which are to be established consistent with the comprehensive plan, through the PUD process, in any zone where specifically permitted. This C-4 zoning designation is intended to be the exclusive zoning designation to apply to those planned neighborhood retail centers. (Ord. 3606 § 4, 2013).
17.54.020 Application.
A. Such districts are to be located only where they clearly serve daily needs of residents in the surrounding area and where uses are not in existence or are desirable.
B. Each district may not exceed three acres in total area.
C. Property that was zoned C-4 on or before June 26, 2013, shall have the option of using the zoning regulations found in this chapter; or they can use the zoning regulations codified in Chapter 17.51 MVMC, Community Commercial District (C-3), with the following limitations:
1. Buildings abutting single-family zones or uses shall be required to comply with the height limits specified in this chapter.
2. Applicants will not be allowed to mix regulations from the C-3 and C-4 districts; they must pick one district or the other and comply with all of the regulations from the district they choose.
D. Such districts may only be located within new planned developments that are created using the city’s planned unit development (PUD) process that is codified within Chapter 17.69 MVMC. (Ord. 3775 § 6, 2019).
17.54.030 Permitted uses.
Permitted primary uses in the C-4 district shall include:
A. Commercial.
1. Barbershops and beauty shops;
2. Drugstores;
3. Bakeries or cafes;
4. Dry cleaning and laundry pickup stations;
5. Coin-operated laundries;
6. Banks;
7. Delicatessens;
8. Movie rental businesses;
9. Day nursery;
10. Bookstores;
11. Markets.
B. Professional offices and offices for medical and dental service.
C. Other small scale commercial and office uses that are similar in nature and have similar impacts to the surrounding neighborhood as the permitted uses listed above.
D. Day nurseries. (Ord. 3802 § 36, 2019).
17.54.035 Accessory uses.
Each primary structure is permitted to have one accessory structure that can be used as a shed to store tools or other items as long as it complies with the following requirements:
A. The total building area of the accessory structure shall be no more than 120 square feet.
B. The accessory structure is required to be a single story and is not allowed to be taller than the primary structure on the site.
C. The accessory structure shall be located in the rear yard and is required to maintain a minimum five-foot setback from all property lines and all other structures.
D. The accessory structure shall not have a permanent heat source.
E. The accessory structure is intended to be for storage of tools or other household items and is not to be a space that is slept in.
F. The accessory structure is not allowed in critical areas or their associated buffers regulated under Chapter 15.40 MVMC. (Ord. 3802 § 37, 2019).
17.54.040 Conditional uses.
Uses permitted by conditional use permit and classified as a Type III permit in the C-4 district are as follows:
A. Multifamily developments, subject to the following:
1. The multifamily use shall not be constructed on the ground floor; and the ground floor uses shall include one or more of the permitted uses listed in MVMC 17.54.030.
2. The multifamily uses must be built at the same time or following the nonresidential ground floor uses.
3. The multifamily uses shall comply with the setbacks and building height requirements of this chapter and the following requirements:
a. Minimum distance between buildings: 10 feet.
b. Density requirements: unrestricted.
c. Design standards: requirements found in Chapter 17.70 MVMC for multifamily uses.
d. Parking requirements: requirements found in Chapter 17.84 MVMC for multifamily uses.
e. Signage requirements: Requirements for residential uses found in Chapter 17.87 MVMC.
f. Landscaping requirements: requirements for R-3 zones found in Chapter 17.93 MVMC. (Ord. 3775 § 7, 2019).
17.54.045 Administrative conditional uses.
Repealed by Ord. 3802. (Ord. 3429 § 106, 2008).
17.54.050 Prohibited uses.
Uses specifically prohibited in the C-4 district shall include:
A. Adult entertainment.
B. Gas stations and the sale of gasoline.
C. Bars and drinking establishments.
D. Drive through uses.
E. Marijuana dispensaries, collective gardens, and any other marijuana related use. (Ord. 3606 § 8, 2013).
17.54.060 Setbacks.
Minimum setback requirements in the C-4 district are as follows:
A. Front yard: 10 feet. Buildings on corner lots and through lots shall observe the minimum setback on both streets. For properties that front on an arterial, the minimum setback from the right-of-way shall be 25 feet. The community and economic development and public works directors can through a Type I decision process administratively reduce, for good cause shown, this setback.
B. Side and rear yards: None, except along any property line adjoining a residentially zoned district, with no intervening street or alley, there shall be a setback of 20 feet. (Ord. 3429 § 107, 2008).
17.54.070 Maximum land coverage.
Repealed by Ord. 3270. (Ord. 2352, 1989).
17.54.071 Buildable area calculation – Transfer of floor area.
Repealed by Ord. 3270. (Ord. 3014 § 23, 2000).
17.54.080 Building height.
Maximum building height shall be two stories but not more than 25 feet, except that if housing is included above commercial space, the height may be increased to three stories but not more than 35 feet. Building height can also be increased through use of Chapter 17.73 MVMC. (Ord. 3802 § 39, 2019).
17.54.090 Size.
No one business may occupy more than 3,000 square feet of floor area. (Ord. 3606 § 9, 2013).
17.54.095 Development requirements.
A. Hours of Operation. All nonresidential uses within the zone shall be closed no later than 10:00 p.m. every evening.
B. Dumpsters and Loading Areas. Dumpsters and loading areas shall be located no closer than 20 feet from any abutting residential use. However, the director may require a greater distance through the required site plan review to ensure the compatibility of the dumpster or loading area with nearby residential uses.
1. All dumpsters or garbage/recycling collection facilities shall be enclosed and screened with the use of either masonry or wood or a combination of the two. In addition, no less than a seven-foot-wide landscaping strip shall be located around the entire dumpster enclosure with the exception of the gated access area; or portions of the enclosure that abut a commercial building. This landscaping strip shall have a mix of two-inch caliper deciduous trees and seven-foot evergreen trees 15 feet on center with minimum five-gallon shrubs and two-gallon ground cover installed. The shrubs and ground cover shall be installed at a density that will cover no less than 85 percent of the seven-foot-wide landscaping strip within two years.
2. Dumpster enclosures for garbage/recycling shall not be located in any required setback or landscape areas.
3. Loading areas shall not be located between the building and the street unless there is no alternative location possible. Loading areas, if located between the building and the street, shall be oriented away from the street and screened to minimize views of the loading area from the street and sidewalk. Loading areas shall not be located on the side of a building that faces toward a residential use unless there is no alternative location possible; in which case the area shall be screened to minimize views of the loading area from the residential use.
4. The dumpster enclosure for garbage/recycling; and the loading areas shall have security lighting installed to minimize loitering within or near these areas. This security lighting shall meet the standards outlined within subsection G of this section. In addition, the dumpster/recycling areas shall be locked to prevent unauthorized disposal of garbage in these areas.
C. Trails. Where possible, public pedestrian connections shall be made to and from commercial uses to the abutting or adjacent residential zones or uses and to the public plaza/courtyard that will be constructed. Widened sidewalks can be utilized as part of this trail system. Where the trail system is not part of a sidewalk they shall:
1. Be distinguished from driving surfaces, and shall meet ADA standards.
2. Be designed for pedestrian safety and shall avoid or mitigate vehicle and pedestrian route conflicts through lighting, barriers and other features.
3. Be lit enough to provide safe facilities for pedestrians, but yet not be so bright that they disturb the nearby residential uses. The lighting that is installed shall be glare free and shielded from the sky and residential uses to mitigate potential impacts.
4. Have way finding signage installed that directs the public through the site and describes the trail connections to nearby neighborhoods, public street connections, or other similar connections.
5. Have public benches installed that are located along the public pedestrian connections at a minimum spacing, to be determined during the required site plan review, to ensure that at least one bench is always located within the line of sight of a pedestrian using the trail.
6. Have a minimum width of five feet; however, through the required site plan review this width can be increased if the parks and recreation director makes a determination that the trail will serve as a connection to other citywide trail systems that are or will be of a greater width.
D. Building Facades. Horizontal facades longer than 24 feet in width shall be articulated into small units by utilizing all of the following:
1. Constructing distinctive roof elements. This means that rooflines need to be varied with multiple changes in height across the building facade.
2. Constructing no less than three of the following design elements:
a. Cornices;
b. Window heads and sills;
c. Transom windows;
d. Corbels;
e. Pilasters;
f. Columns;
g. Belly bands;
h. Keystones;
i. Awnings;
j. Ornamental molding;
k. Decorative lighting fixtures;
l. Cantilevers;
m. Use of arches/bay/boxed windows;
n. Other similar elements.
3. By using offsets or recesses that are no less than two feet in depth for every 24 feet of building length.
4. Through the required site plan review process the CEDD director can administratively approve minor deviations from the above listed building facade standards only when an applicant shows that their design incorporates elements not listed, but yet are still achieving the required goal of building articulation into smaller units.
E. Building Length and Width. No building shall have its length or width longer than 80 feet.
F. Mechanical and HVAC Equipment. Mechanical or HVAC equipment shall not be visible from adjacent or abutting public streets and/or residential uses.
1. Parapets, mansard or other sloping roofs shall be used to conceal flat roofs and rooftop equipment such as HVAC units from public view. The portion of a roof that is constructed to conceal rooftop equipment shall not be used to determine the building height.
2. Mechanical or HVAC equipment shall not be installed at ground level along any portion of a building facing a public or internal street unless there is no reasonable alternative. Fencing or landscaping shall be installed to screen ground level equipment.
G. Storage Areas. Non-enclosed areas for the storage and sale of inventory shall be permanently defined and screened with walls and/or fences from views from the public street, sidewalks, and abutting and/or adjacent residential uses. Screening materials shall be consistent with the principal materials of the building. If non-enclosed areas are to be covered or roofed, materials shall be used that are consistent with those used on the building.
H. Lighting. Lighting used in parking lots shall not exceed a maximum of 16 feet in height. All lighting shall be glare-free and shielded from the sky and adjacent residential properties and structures, either through exterior shields or through optics within the fixture.
I. Courtyard or Plaza. A courtyard, plaza, or other similar type of public open space shall be designed and constructed as part of any development within this zone. This area shall be open to the public and is intended to provide opportunities for neighborhood gatherings and passive recreation. This area shall be completed and be ready for use before any occupancy permits are granted for any type of commercial or office use.
J. Odors. Any use permitted in this zone shall take special care to ensure that odors that may be offensive to the surrounding residential uses are not created. This means that uses that require a Type I hood system due to grease laden vapors, outdoor cooking, coffee bean roasting, and other similar odor producing activities shall all be prohibited. (Ord. 3606 § 10, 2013).
17.54.100 Landscaping.
A. Landscaping shall be required pursuant to the terms of Chapter 17.93 MVMC.
B. A minimum 20-foot-wide landscape buffer shall be maintained and/or installed where the C-4 district abuts any residential zone or use. This landscape buffer shall consist of a double row of evergreen trees with offset rows planted at a maximum spacing of 15 feet triangulated on center with shrubs and ground cover plants added at a density to form an effective barrier to cover 85 percent surface coverage within two years. The minimum tree size shall be seven feet in height and shall be full and bushy; the shrub size shall be five gallon, and the shrub size shall be one gallon or equivalents. However, these sizes are minimums and it is likely that larger trees, shrubs, and plants will need to be initially planted to achieve the requisite 85 percent surface coverage within two years. (Ord. 3606 § 11, 2013).
17.54.110 Parking.
A. The number of parking stalls shall be provided pursuant to the terms of Chapter 17.84 MVMC.
B. Where feasible, parking areas shall be located such that they are not visible from the abutting public rights-of-way. (Ord. 3606 § 12, 2013).
17.54.120 Signs.
Signs shall meet the requirements as provided in Chapter 17.87 MVMC. (Ord. 3315, 2006; Ord. 2352, 1989).
17.54.130 Site plan review.
All developments in this district shall be subject to site plan review as provided in Chapter 17.90 MVMC. (Ord. 3315, 2006; Ord. 2352, 1989).