Article III — Use Requirements

17.101K.050 - Permitted and Conditionally Permitted Activities.

A.

The following activity classification are added for the purposes of this Chapter only. The descriptions of the other activity classifications listed in Table 17.101K.01 are contained in Chapter 17.10.

Boat and Marine-Related Sales, Rental, Repair and Servicing Commercial Activities. Boat and Marine- Related Sales, Rental, Repair and Servicing Commercial Activities include the sale, rental, leasing and incidental cleaning, servicing, and repair of boats and other vehicles and facilities associated with water- and marine-based travel and movement. This classification also includes activities associated with docks and marinas where boats and ships are anchored, moored, rented, sold or serviced. This classification also includes certain activities accessory to the above, as specified in Section 17.10.040.

B.

Permitted and Conditionally Permitted Activities. Table 17.101K.01 lists the permitted, conditionally permitted, and prohibited activities in the D-DT Zones. The descriptions of these activities are contained in Chapter 17.10 and in Subsection A, above.

"P" designates permitted activities in the corresponding zone.

"C" designates activities that are permitted only upon the granting of a Conditional Use Permit (see Chapter

Enclosed P P P P P P(L9) P P(L8) P(L8) P P Nonresidential

Open Nonresidential P P(L10) P(L10) C(L5) C(L5) P(L9) P P P P P(L10) (L10)

Sidewalk Café P P P P P P(L9) — P P P P 17.103.090 Nonresidential

Drive-In — — — — — — — — — — — Nonresidential

Drive-Through — — — — — — — — — — — 17.103.100 Nonresidential

D-DT Work/Live P(L3) P(L6) P(L6) P(L6) P(L6) P(L6) P(L6) P(L6) — — 17.101K.070 Nonresidential (L6) (L7) (L9) (L8)

Telecommunications Facilities

Micro P P P P P P P P P P P 17.128 Telecommunications

Mini P P P C C P P P P P P 17.128 Telecommunications

Macro C C C C C C C C C C C 17.128 TelecommunicAtions

Monopole C C C — — — — — — C C 17.128 Telecommunications

Tower — — — — — — — — — — — 17.128 Telecommunications

Sign Facilities

Residential Signs P P P P P P P P P P P 17.104

Special Signs P P P P P P P P P P P 17.104

Development Signs P P P P P P P P P P P 17.104

Realty Signs P P P P P P P P P P P 17.104

Civic Signs P P P P P P P P P P P 17.104

Business Signs P P P P P P P P P P P 17.104

Advertising Signs — — — — — — — — — — — 17.104

Limitations on Table 17.101K.02:

* If a D-DT Primary Zone also has the Employment Priority Combining Zone, the Employment Priority regulations supersede the Primary Zone.

L1. See Chapter 17.114, Nonconforming Uses, for additions and alterations to legal nonconforming Residential Facilities; provided, however, that Accessory Dwelling Units are permitted when there is an existing applicable Residential Facility on a lot, subject to the provisions of Section 17.103.080 and Chapter 17.88.

L2. See Section 17.103.080 for regulations regarding permitted Accessory Dwelling Units.

L3. Except as indicated in a. below, construction of new ground-floor Residential Facilities and D-DT Work/Live Nonresidential Facilities is not permitted within thirty (30) feet of the principal street facade:

a. Incidental pedestrian entrances that lead to one of these activities elsewhere in a building are exempted from this requirement. See Section 17.101K.080 for how to identify the principal street.

L4. These facilities may only be established if forty percent (40%) or more of the maximum base Floor Area Ratio (FAR) is developed with Enclosed Nonresidential Facilities.

L5. No Conditional Use Permit (CUP) is required to accommodate Civic Activities, Limited Agriculture, seasonal sales, or special events.

L6. See Section 17.101K.070 for special regulations for D-DT Work/Live Units.

L7. These facilities are only permitted on the ground floor.

L8. New Enclosed Nonresidential Facilities and D-DT Work-Live Nonresidential Facilities are only permitted above existing buildings and the addition must be stepped back at least fifteen (15) feet from any street fronting facade.

L9. With the exception of public utility facilities, no new buildings or additions to existing buildings (including accessory structures) shall be constructed unless they are either: 1) part of a project that includes the construction of a principal building that is at least one hundred (100) feet in height, or 2) on a site that contains an existing principal building that is at least one hundred (100) feet in height. This minimum height is measured to the floor of the top story.

L10. With the exception of seasonal sales and special events, an Open Nonresidential Facility accommodating a Group Assembly Commercial Activity is only permitted upon the granting of Conditional Use Permit (see Chapter 17.134 for the CUP procedure).

(Ord. 13812, § 4(Exh. A), 7-30-2024)

17.101K.070 - Special Regulations for D-DT Work/Live Nonresidential Facilities.

A.

Definition of a D-DT Work/Live Unit. D-DT Work/Live Units are units contained within D-DT Work/Live Nonresidential Facilities that are designed to contain working space with accessory living space, are used for living and working, and meet the requirements of this Section.

B.

A D-DT Work/Live Nonresidential Facility must meet all applicable regulations contained in this Section. Section 17.102.190 relating to the conversion of buildings originally designed for Commercial or Industrial Activities into Joint Living and Working Quarters (JLWQs) does not apply to the D-DT Zones.

C.

D-DT Work/Live Units are Nonresidential Facilities and counted towards the nonresidential Floor Area Ratio, not the residential density.

D.

All D-DT Work/Live Units shall be designed under the Building Code to accommodate customers and employees. In the D-DT-AG and D-DT-PM Zones, D-DT Work/Live Units shall be designed under the Building Code to allow Manufacturing Activities.

E.

At least two-thirds of each unit shall be designated for working activities. Working and living activities shall be designated according to the following requirements:

In unpartitioned kitchens or work areas that include kitchen fixtures and appliances, the following areas are considered living space: the counters, cabinets, eating space, sink and appliances in the area that will function as a kitchen and the floor area that is four (4) feet in front these items.

If there is only one bathroom, half the bathroom shall be counted as living space and half shall be counted as workspace. Otherwise, bathrooms are counted as living space if their access is through living space. For instance, a bathroom in a loft is considered living space if the loft is a sleeping area. If the bathroom is accessed directly from the workspace, the bathroom shall be counted as workspace. If accessed directly from both, half the bathroom is considered living space and the other half commercial.

Interior hallways and closets shall be counted as part of the space to which they are adjacent.

Living and working spaces shall be within the same Work/Live Unit and be directly connected.

To accommodate flexible work activities, working areas shall be open and with as few interior walls as possible. "Offices" enclosed by four walls are considered living space because they are indistinguishable from bedrooms and cannot be used flexibly for different working activities.

All ground-floor units adjacent to the front façade shall have a street entrance directly into the working area. For these units, the working area shall be adjacent to the street right-of-way.

F.

Regular Design Review required. Establishment of a D-DT Work/Live Unit are only permitted upon determination that the proposal conforms to the Regular Design Review criteria set forth in the Design Review Procedure in Chapter 17.136 and to each of the following additional criteria:

Units on the ground-floor level of a building have a business presence on the street, including signage. For units in Commercial Zones, this includes a storefront-style façade as described in Section 17.101K.130(d). For units in Industrial Zones, this includes extra wide entrances and, if feasible, roll-up doors. For units in Residential Zones, this includes a business door that is oriented towards the street.

The layout of nonresidential floor areas within a Work/Live Unit provides a functional open area for working activities.

The floor and site plan for the project includes an adequate provision for the delivery of items required for a variety of businesses, including artist's work. This may include, but is not necessarily limited to, the following:

a.

Service elevators designed to carry and move oversized items;

b.

Extra-large slop sinks;

c.

Doors, corridors, and stairwells wide and/or straight enough to deliver large items; and

d.

Loading areas located near stairs and/or elevators.

G.

Activity, auto parking, bicycle parking, loading, open space, and unit size standards. Table 17.101K.03 below prescribes special regulations for D-DT Work/Live Units in applicable D-DT zones.

Table 17.101K.03 Special Regulations for D-DT Work/Live Units

Standard Requirement Notes

Activities allowed in a Same permitted and conditionally permitted Work/Live Unit activities as described in Section 17.101K.050 for the applicable primary zone. For Residential Zones, activities permitted as Home Occupations are also permitted. Chapter 17.112 contains the Home Occupation regulations.

Minimum size of a 800 square feet Work/Live Unit

Required auto parking No auto parking spaces required

Required bicycle parking One long-term space for each unit; minimum 1 requirement is four long-term spaces. Five short- term spaces for each 20 units; minimum requirement is four short-term spaces.

Required usable open For new D-DT Work/Live Units that are completely space or partially outside the envelope of an existing building, the usable open space requirements for regular dwelling units are applied (see Section 17.101K.150 for these open space requirements). No additional usable open space is required for D- DT Work/Live Units that are completely within the envelope of an existing building. For these conversions, maintaining existing usable open space to at least the minimum standards for regular dwelling units is required.

Required loading 1, 2

 Less than 50,000 sf. No berth

 50,000—199,999 sf. One berth

 200,000 sf. or more Two berths

Notes:

1. See Chapter 17.117 for bicycle parking standards.

2. Loading requirements apply to new construction only. For conversion of existing buildings, maintaining existing loading to at least these minimum number of berths is required. Also, see Chapter 17.116 for loading standards.