Chapter 20.35 COMMERCIAL AND MIXED USE DISTRICTS

Chapter 20.35
COMMERCIAL AND MIXED USE DISTRICTS

Sections:

20.35.010 Residential mixed use (RMU).

20.35.020 Neighborhood mixed use (NMU).

20.35.025 Business professional mixed use (BPMU).

20.35.030 Commercial mixed use (CMU).

20.35.040 Downtown mixed use (DMU).

20.35.050 Gateway mixed use (GMU).

20.35.060 Commercial corridor (CC).

20.35.070 Commercial heavy (CH).

20.35.080 Industrial flex (IF).

20.35.010 Residential mixed use (RMU).

(1) Intent. The RMU district is intended to accommodate working and living in close proximity to one another, including in the same physical space. Building type options include townhouse and live-work. The RMU zone should be applied in areas where the existing or proposed land use pattern promotes live-work uses and in areas designated as commercial in the Port Orchard comprehensive plan. This designation may also be applied in areas designated residential high density in the comprehensive plan; provided, that the area abuts areas designated commercial and residential high density such that the application of the RMU district acts as a transitional zoning district. Uses that would substantially interfere with the live-work nature of the district are not allowed.

(2) Building Types Allowed. The allowed building types in the RMU zone are as follows:

(a) Townhouse (POMC 20.32.090).

(b) Live-work (POMC 20.32.110).

(d) Accessory buildings (POMC 20.32.010(16)).

RMU Building Types

(3) Lot Dimensions.

RMU Zone Lot Dimensions

(a) Minimum Lot Size.

(i) Townhouse: 1,000 square feet.

(ii) Live-work: 1,000 square feet.

(iii) Shopfront house: 6,000 square feet.

(b) Minimum Lot Width.

(i) Townhouse.

(A) Lots that take vehicular access from primary street: 30 feet.

(B) Lots that do not take vehicular access from primary street: 16 feet.

(ii) Live-work: 16 feet.

(iii) Shopfront house: 60 feet.

(4) Maximum hard surface coverage is 90 percent.

(5) Building Setbacks.

(a) Primary street: zero feet minimum/10 feet maximum.

(b) Side street: zero feet minimum/10 feet maximum.

(d) Rear: 10 feet (four feet if abutting an alley).

RMU Building Setback and Build-to Zone

(6) Build-to Zone.

(a) Building facing primary street: 70 percent minimum (percent of lot width).

(b) Building facing side street: 35 percent minimum (percent of lot width).

(7) Building Height.

(a) Three stories/35 feet maximum.

RMU Zone Building Height

(Ord. 056-19 § 10; Ord. 011-19 § 4 (Exh. 1)).

20.35.020 Neighborhood mixed use (NMU).

(1) Intent. The NMU district is intended to accommodate neighborhood-oriented commercial facilities. The intent of the district is to provide small-scale service establishments close to residential uses, and to ensure that buildings and uses are compatible with the character of nearby neighborhoods. Building type options include: detached house, duplex, backyard cottage, fourplex, townhouse, and shopfront house. NMU zones should be applied in areas where the existing or proposed land use pattern has commercial activity close to established residential areas and may be applied in areas designated commercial in the comprehensive plan.

(2) Building Types Allowed. The allowed building types for the NMU zone are as follows:

(a) Detached house (POMC 20.32.020).

(b) Duplex (POMC 20.32.050 and 20.32.060).

(d) Cottage court (POMC 20.32.040).

(e) Fourplex (POMC 20.32.080).

(f) Townhouse (POMC 20.32.090).

(g) Shopfront house (POMC 20.32.120).

(h) Accessory buildings (POMC 20.32.010(16)).

NMU Building Types

(3) Lot Dimensions.

(a) Minimum Lot Size by Building Type.

(i) Detached house: 3,500 square feet.

(ii) Duplex (all types): 7,000 square feet.

(iii) Backyard cottage: 7,000 square feet.

(iv) Fourplex: 7,000 square feet.

(v) Townhouse: 800 square feet.

(vi) Shopfront house: 7,000 square feet.

(vii) Accessory building: N/A.

(b) Minimum Lot Width.

(i) Detached house: 60 feet.

(ii) Duplex (all types): 60 feet.

(iii) Backyard cottage: N/A.

(iv) Fourplex: 60 feet.

(v) Townhouse.

(A) Lots that take vehicular access from primary street: 30 feet.

(B) Lots that do not take vehicular access from primary street: 16 feet.

(vi) Shopfront house: 65 feet.

NMU Lot Dimensions

(4) Maximum hard surface coverage is 70 percent.

(5) Principal Building Setbacks.

(a) Primary street: 10 feet minimum/30 feet maximum.

(b) Side street: 10 feet minimum/30 feet maximum.

(d) Rear: 10 feet minimum.

(6) Build-to Zone.

(a) Building facade in primary street: 50 percent minimum (percent of lot width).

(b) Building facade in side street: 25 percent (percent of lot width).

(7) Accessory Structure Setbacks.

(a) Primary street: 40 feet minimum.

(b) Side street: 10 feet minimum.

(d) Rear: three feet (rear if abutting an alley: four feet).

NMU Building Placement

(8) Building Height.

(a) Principal building height: three stories/35 feet maximum.

(b) Accessory building height: two stories/24 feet maximum.

NMU Building Height

(Ord. 011-19 § 4 (Exh. 1)).

20.35.025 Business professional mixed use (BPMU).

(1) Intent. The BPMU district is intended to accommodate mixed use development as well as a mix of uses that are oriented around the existing areas of medical, business professional, and residential uses and structures. Development in this zone is sought at a scale appropriate for uses ranging from single-family detached to large medical buildings with larger buildings to be designed to be more compatible with smaller structures. Building type options include: detached house, duplex, backyard cottage, live-work, shopfront house, mixed use shopfront, and general building. BPMU zones should be applied in areas in the vicinity of the Tremont medical facilities and near downtown Port Orchard and the Kitsap County campus on properties designated as commercial in the comprehensive plan.

(2) Building Types Allowed. The allowed building types for the BPMU zone are as follows:

(a) Detached house (POMC 20.32.020).

(b) Duplex (POMC 20.32.050 and 20.32.060).

(d) Attached house (POMC 20.32.070).

(e) Live-work (POMC 20.32.110).

(f) Shopfront house (POMC 20.32.120).

(g) Mixed use shopfront (POMC 20.32.140).

(h) General building (POMC 20.32.150).

(i) Accessory buildings (POMC 20.32.010(16)).

BPMU Building Types

(3) Lot Dimensions.

(a) Minimum Lot Size by Building Type.

(i) Detached house: 3,000 square feet.

(ii) Duplex: 6,000 square feet.

(iii) Backyard cottage: 6,000 square feet.

(iv) Attached house: 3,500 square feet.

(v) Live-work: 1,000 square feet.

(vi) Shopfront house: 6,000 square feet.

(vii) Mixed use shopfront: 10,000 square feet.

(viii) General building: 10,000 square feet.

(b) Minimum Lot Width.

(i) Detached house: 60 feet.

(ii) Duplex: 60 feet.

(iii) Backyard cottage: N/A.

(iv) Attached house: 30 feet.

(v) Live-work: 16 feet.

(vi) Shopfront house: 60 feet.

(vii) Mixed use shopfront: 80 feet.

(viii) General building: 100 feet.

BPMU Lot Dimensions

(4) Maximum hard surface coverage is 75 percent.

(5) Principal Building Setbacks.

(a) Primary street: 10 feet minimum/30 feet maximum.

(b) Side street: 10 feet minimum/30 feet maximum.

(d) Rear: 10 feet minimum.

(6) Build-to Zone.

(a) Building facade in primary street: 50 percent minimum (percent of lot width).

(b) Building facade in side street: 25 percent (percent of lot width).

(7) Accessory Structure Setbacks.

(a) Primary street: 40 feet minimum.

(b) Side street: 10 feet minimum.

(d) Rear: 20 feet (rear if abutting an alley: four feet).

BPMU Building Placement

(7) Building Height.

(a) Principal building height (except detached house, duplex, attached house): three stories/40 feet maximum.

(b) Accessory building height: two stories/24 feet maximum.

BPMU Building Height

(Ord. 011-19 § 4 (Exh. 1)).

20.35.030 Commercial mixed use (CMU).

(1) Intent. The commercial mixed use district is intended to accommodate a broader range of residential and nonresidential activity than neighborhood mixed use. To promote walkability and compatibility, auto-oriented uses are restricted. Building type options include: townhouse, apartment, live-work, shopfront house, single-story shopfront, mixed use shopfront and general building. Commercial mixed use should be applied in areas where the existing or proposed land use pattern promotes mixed use and pedestrian-oriented activity and may be applied in areas designated commercial in the comprehensive plan.

(2) Building Types Allowed. The allowed building types are as follows:

(a) Townhouse.

(b) Apartment.

(d) Shopfront house.

(e) Single-story shopfront.

(f) Mixed use shopfront.

(g) General building.

(h) Accessory buildings (POMC 20.32.010(16)).

CMU Building Types

(3) Lot Dimensions.

(a) Minimum Lot Size by Building Type.

(i) Townhouse: 800 square feet.

(ii) Apartment: 5,000 square feet.

(iii) Live-work unit: 1,000 square feet.

(iv) Shopfront house: 5,000 square feet.

(v) Single-story shopfront: 5,000 square feet.

(vi) Mixed use shopfront: 5,000 square feet.

(vii) General building: 5,000 square feet.

(b) Minimum Lot Width.

(i) Townhouse: 16 feet.

(ii) Apartment: 50 feet.

(iii) Live-work unit: see POMC 20.32.110(3)(d).

(iv) Shopfront house: 50 feet.

(v) Single-story shopfront: 50 feet.

(vi) Mixed use shopfront: 50 feet.

(vii) General building: 50 feet.

(4) Maximum hard surface coverage is 80 percent.

CMU Lot Dimensions

(5) Building Setbacks.

(a) Primary street: zero feet minimum/10 feet maximum.

(b) Side street: zero feet minimum/10 feet maximum.

(d) Rear: 20 feet minimum (rear if abutting an alley: four feet minimum).

(6) Build-to Zone.

(a) Building facade in primary street: 70 percent minimum (percent of lot width).

(b) Building facade in side street: 30 percent minimum (percent of lot width).

CMU Building Placement

(7) Parking Location. Parking shall be allowed as follows except where another standard is specified in Chapter 20.124 POMC:

(a) Front yard: not allowed.

(b) Corner yard: not allowed.

(d) Rear yard: allowed.

(8) Building Height. All buildings and structures: three and one-half stories/40 feet maximum.

CMU Building Height

(Ord. 056-19 § 11; Ord. 011-19 § 4 (Exh. 1)).

20.35.040 Downtown mixed use (DMU).

(1) Intent. The downtown mixed use district is intended to provide for mixed use, pedestrian-oriented development in downtown. In order to promote walkability and to encourage street-level retail activity, auto-oriented uses and ground-floor residential uses are restricted. Building type options include live-work, single-story shopfront and mixed use shopfront. Downtown mixed use should be applied in areas where the existing or proposed land use pattern promotes the highest levels of pedestrian and mixed-use activity in the community and may be applied in areas designated commercial in the comprehensive plan.

(2) Building Types Allowed. The allowed building types are as follows:

(a) Live-work unit.

(b) Single-story shopfront.

(d) Accessory buildings (POMC 20.32.010(16)).

DMU Building Types

(3) Lot Dimensions.

(a) There are no minimum or maximum lot sizes in the DMU district.

(b) There is no minimum lot width in the DMU district.

DMU Lot Dimensions

(4) Maximum hard surface coverage is 100 percent.

(5) Building Setbacks.

(a) Primary street: not applicable.

(b) Side street: not applicable.

(d) Rear: not applicable.

(6) Build-to Zone.

(a) Building facade in primary street: 80 percent minimum (percent of lot width).

(b) Building facade in side street: 40 percent minimum (percent of lot width).

(c) Build-to zone percentages may be decreased (i) if a public pedestrian-oriented space is provided, if the reduction is no more than the minimum needed to accommodate the pedestrian oriented space, or (ii) for public civic buildings such as a community center or library.

DMU Building Placement

(7) Parking Location. Parking shall be allowed as follows except where another standard is specified in Chapter 20.127 POMC:

(a) Front yard: not allowed.

(b) Corner yard: not allowed.

(d) Rear yard: allowed.

(e) For proposed buildings with frontage on all four sides, the director shall determine where parking shall be allowed, based upon (i) consistency with an adopted subarea plan; (ii) consistency with the city’s critical areas and shoreline master program regulations; and/or (iii) traffic and circulation impacts of the proposed parking location(s), including vehicular and pedestrian safety.

(8) Building Height.

(a) Maximum height: three stories/38 feet unless an alternative maximum building height is specified pursuant to the downtown height overlay district (POMC 20.38.600 through 20.38.670).

DMU Building Height

(Ord. 030-21 § 5; Ord. 056-19 § 12; Ord. 011-19 § 4 (Exh. 1)).

20.35.050 Gateway mixed use (GMU).

(1) Intent. The gateway mixed use district is intended to provide transitional districts in the east and west gateways to downtown Port Orchard. The district allows both mixed use, pedestrian-oriented development such as what is allowed in the DMU district along with other moderately more auto-dependent uses. Building type options include townhouse, apartment, live-work, shopfront house, single-story shopfront, mixed use shopfront, and general buildings. Gateway mixed use should be applied to the east and west of downtown and may be applied in areas designated commercial in the comprehensive plan.

(2) Building Types Allowed. The allowed building types are as follows:

(a) Townhouse.

(b) Apartment.

(d) Shopfront house.

(e) Single-story shopfront.

(f) Mixed use shopfront.

(g) General building.

(h) Accessory buildings (POMC 20.32.010(16)).

GMU Building Types

(3) Lot Dimensions.

(a) There are no minimum or maximum lot sizes in the GMU district.

(b) There is no minimum lot width in the GMU district.

GMU Lot Dimensions

(4) The maximum hard surface coverage is 90 percent.

(5) Building Setbacks.

(a) Primary street: not applicable.

(b) Side street: not applicable.

(d) Rear: not applicable.

(6) Build-to Zone.

(a) Building facade in primary street: 80 percent minimum (percent of lot width).

(b) Building facade in side street: 40 percent minimum (percent of lot width).

GMU Building Placement

(7) Parking Location. Parking shall be allowed as follows except where another standard is specified in Chapter 20.127 POMC:

(a) Front yard: not allowed.

(b) Corner yard: not allowed.

(d) Rear yard: allowed.

(8) Building Height.

(a) Maximum height: three stories/38 feet unless an alternative maximum building height is specified pursuant to the downtown height overlay district (POMC 20.38.600 through 20.38.670).

GMU Building Height

(Ord. 056-19 § 13; Ord. 011-19 § 4 (Exh. 1)).

20.35.060 Commercial corridor (CC).

(1) Intent. The commercial corridor district is intended to serve as a commercial gateway and to take advantage of proximity to major roadways. Therefore, the quality and aesthetics of new development is very important. Building type options include live-work unit, shopfront house, single-story shopfront, mixed use shopfront and general building. The commercial corridor district should be applied along commercial corridors that serve as entrances to downtown or other pedestrian-oriented activity areas.

(2) Building Types Allowed. The allowed building types are as follows:

(a) Live-work unit.

(b) Shopfront house.

(d) Mixed use shopfront.

(e) General building.

(f) Accessory buildings (POMC 20.32.010(16)).

CC Building Types

(3) Lot Dimensions.

(a) Minimum Lot Size by Building Type.

(i) Live-work unit: 1,000 square feet.

(ii) Shopfront house: 5,000 square feet.

(iii) Single-story shopfront: 5,000 square feet.

(iv) Mixed use shopfront: 5,000 square feet.

(v) General building: 5,000 square feet.

(b) Minimum Lot Width.

(i) Live-work unit: 25 feet.

(ii) Shopfront house: 50 feet.

(iii) Single-story shopfront: 50 feet.

(iv) Mixed use shopfront: 50 feet.

(v) General building: 50 feet.

(4) Maximum hard surface coverage is 70 percent.

CC Lot Dimensions

(5) Building Setbacks.

(a) Primary street: 15 feet minimum/50 feet maximum.

(b) Side street: zero feet minimum/50 feet maximum.

(d) Rear: 10 feet minimum.

(6) Build-to Zone.

(a) Building facade in primary street: 50 percent minimum (percent of lot width).

(b) Building facade in side street: 25 percent minimum (percent of lot width).

CC Building Placement

(7) Parking Location. Parking shall be allowed as follows except where another standard is specified in Chapter 20.127 POMC:

(a) Front yard: not allowed.

(b) Corner yard: not allowed.

(d) Rear yard: allowed.

(8) Building Height.

(a) All buildings and structures: three stories/35 feet maximum.

CC Building Height

(Ord. 056-19 § 14; Ord. 011-19 § 4 (Exh. 1)).

20.35.070 Commercial heavy (CH).

(1) Intent. Commercial heavy is intended for auto-oriented and heavy commercial uses. To help ensure compatibility, residential uses are not allowed. Building type options include single-story shopfront and general building. The commercial heavy district should be applied in areas where the existing or proposed land use pattern contains a variety of auto-oriented and heavy commercial uses and in areas designated as commercial in the comprehensive plan.

(2) Building Types Allowed. The allowed building types are as follows:

(a) Single-story shopfront.

(b) General building.

CH Building Types

(3) Lot Dimensions.

(a) Minimum Lot Size by Building Type.

(i) Single-story shopfront: 7,000 square feet.

(ii) General building: 7,000 square feet.

(b) Minimum Lot Width.

(i) Single-story shopfront: 70 feet.

(ii) General building: 70 feet.

(4) Maximum hard surface coverage is 70 percent.

CH Lot Dimensions

(5) Building Setbacks.

(a) Primary street: 20 feet minimum (from planned ROW acquisition area).

(b) Side street: 20 feet minimum/50 feet maximum.

(d) Rear: 20 feet minimum.

CH Building Placement

(7) Parking Location. Parking shall be allowed as follows except where another standard is specified in Chapter 20.127 POMC:

(a) Front yard: allowed.

(b) Corner yard: allowed.

(d) Rear yard: allowed.

(8) Building Height.

(a) All buildings and structures: three stories/35 feet maximum.

CH Building Height

(Ord. 056-19 § 15; Ord. 011-19 § 4 (Exh. 1)).

20.35.080 Industrial flex (IF).

(1) Intent. IF is intended to accommodate a variety of light industrial, commercial and residential uses. To help ensure that land is reserved for employment purposes, residential uses are limited to the upper stories. Building type options include live-work, single-story shopfront, mixed use shopfront and general building. IF should be applied in industrial areas where commercial and residential uses are also desired, or where such pattern is desired in the future and in areas designated as commercial in the comprehensive plan.

(2) Building Types Allowed. The allowed building types are as follows:

(a) Live-work unit.

(b) Shopfront house.

(d) Mixed use building.

(e) General building.

(f) Accessory buildings (POMC 20.32.010(16)).

IF Building Types

(3) Lot Dimensions.

(a) Minimum Lot Size by Building Type.

(i) Live-work unit: 1,000 square feet.

(ii) Shopfront house: 5,000 square feet.

(iii) Single-story shopfront: 5,000 square feet.

(iv) Mixed use shopfront:

(v) General building: 7,000 square feet.

(b) Minimum Lot Width.

(i) Live-work unit: 25 feet.

(ii) Shopfront house: 50 feet.

(iii) Single-story shopfront: 50 feet.

(iv) Mixed use shopfront: 50 feet.

(v) General building: 50 feet.

(4) Maximum hard surface coverage is 70 percent.

IF Lot Dimensions

(5) Building Setbacks.

(a) Primary street: five feet minimum.

(b) Side street: five feet minimum.

(d) Rear: 10 feet minimum.

IF Building Placement

(6) Parking Location. Parking shall be allowed as follows except where another standard is specified in Chapter 20.127 POMC:

(a) Front yard: allowed.

(b) Corner yard: allowed.

(d) Rear yard: allowed.

(7) Building Height.

(a) All buildings and structures: three stories/35 feet maximum.

IF Building Height

(Ord. 056-19 § 16; Ord. 011-19 § 4 (Exh. 1)).