Chapter 17.78 — S-3 RESEARCH CENTER COMMERCIAL ZONE REGULATIONS

Editor's note— Ord. No. 13393, § 2(Exh. A), adopted October 4, 2016, changed the title of Chapter 17.78 from "S-3 Research center zone regulations" to "S-3 Research center commercial zone regulations."

The provisions of this Chapter shall be known as the S-3 Research Center Commercial Zone Regulations. The Research Center (S-3) Zone is intended to create, preserve, and enhance areas devoted primarily to conference, research, administrative, and recreational activities in attractive surroundings conducive to such pursuits. These regulations shall apply in the S-3 Zone.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13393, § 2(Exh. A), 10-4-2016; Ord. No. 13357, § 3(Exh. A), 2- 16-2016; prior planning code § 6200)

Except for projects that are exempt from design review as set forth in Section 17.136.025, no Building Facility, Designated Historic Property, Potentially Designated Historic Property, Telecommunications Facility, Sign, or other associated structure shall be constructed, established, or altered in exterior appearance, unless plans for the proposal have been approved pursuant to the design review procedure in Chapter 17.136, and when applicable, the Telecommunications regulations in Chapter 17.128, or the Sign regulations in Chapter 17.104.

(Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13028, § 2(Exh. A), 7-20-2010; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12606 Att. A (part), 2004: Ord. 11904 § 5.63 (part), 1996: prior planning code § 6202)

The following activities, as described in the use classifications in Chapter 17.10, are permitted:

A.

Residential Activities:

Permanent

Residential Care

Supportive Housing

Transitional Housing

Semi-Transient

Emergency Shelter (Emergency Shelters are permitted by-right on properties owned by churches, temples, synagogues, and other similar places of worship approved for Community Assembly Civic Activities; permitted upon the granting of a Conditional Use Permit elsewhere in the zone subject to the standards in Section 17.103.010)

B.

Civic Activities:

Essential Service (Community Gardens are permitted if they do not include any livestock production or the cultivation of animals and/or animal products by agricultural methods, except for bee keeping involving no more than three (3) hives)

Nonassembly Cultural

Administrative

C.

Commercial Activities:

Administrative

Research Service

D.

Agricultural and Extractive Activities:

Limited Agriculture, permitted outright if the activity occupies less than twenty thousand (20,000) square feet of land area and any sales area is less than one thousand (1,000) square feet; conditionally permitted if the activity is larger in either land or sales area (see Chapter 17.134 for the CUP procedure)

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11- 18-2014; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. 11904 § 5.77, 1996; prior planning code § 6203)

The following activities, as described in the use classifications in Chapter 17.10, may be permitted upon the granting of a Conditional Use Permit pursuant to the Conditional Use Permit procedure in Chapter 17.134:

A.

Civic Activities:

Community Assembly

Recreational Assembly

Utility and Vehicular

Extensive Impact

B.

Agricultural and Extractive Activities:

Extensive Agriculture (see Section 17.78.065)

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 12939, § 4(Exh. A), 6- 16-2009; Prior planning code § 6204)

The following facilities, as described in the use classifications in Chapter 17.10, are permitted:

A.

Nonresidential Facilities:

Enclosed

Open, accommodating Civic Activities, Limited Agriculture, seasonal sales, or special events only

Sidewalk Cafes, subject to the provisions of Section 17.103.090

B.

Signs:

Special

Development

Realty

Civic

Business

C.

Telecommunications

Micro Telecommunications, except when a Major Conditional Use Permit is required by Section 17.128.025

Mini Telecommunications, except when a Major Conditional Use Permit is required by Section 17.128.025

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13270, § 3(Exh. A), 11- 18-2014; Ord. No. 13060, § 2(Exh. A), 3-1-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. 11904 § 5.81, 1996; prior planning code § 6205)

The following facilities, as described in the use classifications in Chapter 17.10, may be permitted upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134:

A.

Nonresidential Facilities:

Open, accommodating activities other than Civic Activities, Limited Agriculture, seasonal sales, or special events

B.

Telecommunications:

Macro

Monopole

(Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. 11904 § 5.85, 1996; prior planning code § 6206)

Extensive Agriculture is only permitted upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure). In addition to the criteria contained in Section 17.134.050, this activity must meet the following use permit criteria:

A.

The proposal will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood in terms of noise, water and pesticide runoff, farming equipment operation, hours of operation, odor, security, and vehicular traffic.

(Ord. No. 13270, § 3(Exh. A), 11-18-2014)

Editor's note— Prior to the reenactment of Section 17.78.065 by Ord. No. 13270, § 3(Exh. A), adopted November 18, 2014, Ord. No. 13060, § 2(Exh. A), adopted March 1, 2011, repealed the former Section 17.78.065 in its entirety, which pertained to restrictions on telecommunications facilities and derived from Ord. No. 12999, § 4(Exh. A), adopted March 16, 2010.

See Section 17.102.230.

(Ord. No. 13509, § 2(Exh. A), 12-4-2018; Ord. No. 13357, § 3(Exh. A), 2-16-2016; prior planning code § 6209)

All Commercial Activities shall be subject to the applicable provisions of the performance standards in Chapter 17.120.

(Prior planning code § 6210)

All Signs shall be subject to the applicable limitations set forth in Chapter 17.104.

(Ord. No. 13064, § 2(Exh. A), 3-15-2011; prior planning code § 6213)

Every lot shall have a minimum lot area of two (2) acres and a minimum lot width mean of one hundred (100) feet. Every lot shall have a minimum frontage of twenty-five (25) feet upon a street, except as this requirement is modified by Section 17.106.020.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; prior planning code § 6214)

The maximum Floor-Area Ratio (FAR) of any facility shall be 1.00.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; prior planning code § 6217)

Except for the projections allowed by Section 17.108.030, and except as provided in Chapter 17.128, no building shall exceed sixty-five (65) feet in height. See Section 17.78.090 for maximum height of Signs, and Section 17.108.130 for maximum height of facilities within minimum yards and courts, and Section 17.108.020 for increased height limits in certain situations.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13666, § 3(Exh. A), 11-16-2021; Ord. No. 13172, § 3(Exh. A), 7- 2-2013; Ord. 11904 § 5.89, 1996: prior planning code § 6219)

The following minimum yards shall be provided unobstructed except for the accessory structures or the other facilities allowed therein by Section 17.108.130:

A.

Front Yard. The minimum front yard depth on every lot shall be twenty (20) feet.

B.

Side Yard-Street Side of Corner Lot. The minimum side yard width on the street side of every corner lot shall be twenty (20) feet.

C.

Side Yard-Interior Lot Line. The minimum width of the side yard along any single interior side lot line of any lot shall be twenty (20) feet.

D.

Rear Yard. The minimum rear yard depth on every lot shall be twenty (20) feet, except that the minimum rear yard depth shall be thirty (30) feet along any portion of a rear lot line which abuts a lot in any Residential Zone.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2- 2013; Prior planning code § 6220)

A.

General Requirements. All uses shall be subject to the applicable requirements of the buffering regulations in Chapter 17.110 with respect to screening or location of parking, loading, and storage areas; control of artificial illumination; and other matters specified therein.

B.

Buffer Strip. A strip of dense landscaping not less than five and one-half (5½) feet high and ten (10) feet wide, and including trees, shall be provided along all lot lines which abut a lot in any Residential Zone, subject to the standards for required landscaping and screening in Chapter 17.124 and the exceptions stated in said chapter.

C.

Landscaping Coverage. A minimum of twenty-five percent (25%) of the lot area of each lot shall be developed with lawn, ground cover, garden, shrubs, or trees, subject to the standards for required landscaping and screening.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Prior planning code § 6222)

The maximum density of Residential Facilities shall be as set forth below, subject to the provisions of Section 17.106.030 with respect to maximum density on lots containing both Residential and Nonresidential Facilities. Also applicable are the provisions of Section 17.102.270 with respect to additional kitchens for a dwelling unit, and the provisions of Section 17.102.300 with respect to dwelling units with five (5) or more bedrooms. No residential facility shall be permitted to have both an additional kitchen as provided for in Section 17.102.270.B and a Secondary Unit.

A.

Permitted Density.

Regular Dwelling Units. One (1) Regular Dwelling Unit is permitted for each three hundred (300) square feet of lot area, provided that one extra such unit is permitted if a remainder of two hundred (200) square feet or more is obtained after division of the lot area by three hundred (300) square feet.

Efficiency Dwelling Units. One (1) Efficiency Dwelling Unit is permitted for each one hundred fifty (150) square feet of lot area, provided that one extra such unit is permitted if a remainder of one hundred (100) square feet or more is obtained after division of the lot area by one hundred fifty (150) square feet.

Rooming Units. One (1) Rooming Unit is permitted for each one hundred fifty (150) square feet of lot area, provided that one extra such unit is permitted if a remainder of one hundred (100) square feet or more is obtained after division of the lot area by one hundred fifty (150) square feet.

Combination of different types of living units. For a combination of different types of living units, the total required lot area shall be the sum of the above requirements for each. The number of living units permitted heretofore may be exceeded by ten percent (10%) on any corner lot, and may also be exceeded by ten percent (10%) on any lot which faces or abuts a public park at least as wide as the lot.

One-Family Dwellings and Two- to Four-Family Dwellings. A One-Family Dwelling or Two- to Four-Family Dwelling is permitted on any lot which qualifies under Section 17.106.010 as an existing buildable parcel and that contains no other dwelling units. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units.

B.

Increased Density Allowed in Certain Situations. The number of living units permitted by Subsection A. of this Section may be increased by not to exceed fifty percent (50%) upon the granting of a Conditional Use Permit pursuant to the Conditional Use Permit procedure in Chapter 17.134, in each of the following situations:

In the case of a Residential Facility with more than four (4) stories containing living units, subject to the provisions of Section 17.106.040;

Upon the acquisition of development rights from nearby lots, subject to the provisions of Section 17.106.050.

The number of living units may also be increased, as prescribed in Section 17.106.060, in certain special housing.

(Ord. No. 13763, § 5, 10-3-2023)

On each lot containing Residential Facilities with a total of two (2) or more dwelling units, excluding any permitted Accessory Dwelling Units, group usable open space shall be provided for such facilities in the minimum amount of seventy-five (75) square feet per Regular Dwelling Unit, plus thirty-eight (38) square feet per Rooming Unit or Efficiency Dwelling Unit. Private usable open space may be substituted for such group space in the ratio prescribed in Section 17.126.020. All required space shall conform to the standards for required usable open space in Chapter 17.126.

(Ord. No. 13763, § 5, 10-3-2023)

A.

Planned Unit Developments. Large integrated developments shall be subject to the Planned Unit Development (PUD) regulations in Chapter 17.142 if they exceed the sizes specified therein. In developments which are approved pursuant to said regulations, certain uses may be permitted in addition to those otherwise allowed in the S-3 Zone, and certain of the other regulations applying in said zone may be waived or modified. The normally required design review process may also be waived for developments at the time of initial granting of a Planned Unit Development (PUD) permit. Unless otherwise specified in the PUD permit, any future changes within the Planned Unit Development shall be subject to applicable design review regulations.

(Ord. No. 13763, § 5, 10-3-2023)

A.

Parking and Loading. Off-street parking and loading shall be provided as prescribed in the off-street parking and loading requirements in Chapter 17.116.

B.

Bicycle Parking. Bicycle parking shall be provided as prescribed in the bicycle parking regulations in Chapter 17.117.

C.

Nonconforming Uses. Nonconforming uses and changes therein shall be subject to the nonconforming use regulations in Chapter 17.114.

D.

General Provisions. The general exceptions and other regulations set forth in Chapter 17.102 shall apply in the S-3 Zone.

E.

Recycling Space Allocation Requirements. The regulations set forth in Chapter 17.118 shall apply in the S-3 Zone.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12884 § 2 (part), 2008; amended during 1997 codification; Ord. 11807 § 5 (part), 1995; prior planning code § 6224)