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Permitted uses in the mixed use overlay are subject to the additional conditions as shown in the Commercial and Mixed-Use Zones use table provided in SMC 17.30.070 with the notation 3.

(1) When the mixed use overlay is applied over underlying commercial zones, the following standards are required:

(a) A minimum of two uses are required for a vertical mixed use building that has frontage along a public street. A horizontal mixed use residential-only building may be allowed if the building has private street frontage or if the property is situated where a commercial use is not visible from a public street or would not be viable based on the location and be located behind an existing commercial use.

(b) For vertical mixed use buildings with two uses, a minimum of 60 percent of the gross floor area of the first floor shall include uses allowed in the following categories in SMC 17.30.070, for the general commercial zone: cultural/entertainment, hotel, office, personal services, retail trade establishments, or retail prepared food/beverage establishments. In addition, “dog grooming” and “veterinarian/hospital or clinic” uses qualify to meet the minimum 60 percent of gross floor area standard.

(i) The 60 percent commercial use requirement in subsection (1)(b) of this section may be reduced to 30 percent of gross floor area when a minimum of 50 percent of the parking required for the residential uses in a mixed use structure is provided on the ground floor, or underground.

(c) Residential dwelling units are only allowed on the ground floor if the property only has access to private streets and if the commercial element of the mixed use building would not be visible or viable from the property location and be situated behind an existing commercial use.

(d) Accessory functions of residential uses such as lobbies, entrances, exercise, storage, and meeting rooms, provided for the use of residents, may be located on the ground floor.

(e) Parking lots and parking garages are allowed. Enclosed garage space may be located in a portion of the ground and second floor space or underground. The community development director may approve limited garage space on other stories.

(f) “Drive-through” windows and establishments are not permitted.

(g) Dry cleaners are limited to drop-off facilities only.

(h) Office and restaurant uses on the second floor require an administrative conditional use permit except that accessory offices, and home offices meeting the standards in SMC 17.95.380, Supplemental standards for home occupations, are exempt from this conditional use permit requirement.

(i) Any commercial use utilizing or producing hazardous, odorous or airborne substances shall contain, reduce, and mitigate impacts and may be subject to additional conditions as determined by the community development director.

(j) Commercial and/or office uses on ground floors shall have a minimum of 30 feet of depth.

(2) When the mixed use overlay is applied over underlying residential zones, the following standards are required:

(a) Residential. Mixed use buildings shall contain multifamily residential units on upper (non-ground-floor) stories, and may contain residential units on ground floors.

(b) Retail Trade, Professional or Personal Service. Mixed use buildings shall provide commercial and/or office uses on ground floors with a minimum of 30 feet of depth, except that “drive through” windows and establishments are not permitted. Limited office and restaurant uses may be located on a portion of second story space. Any commercial use utilizing or producing hazardous, odorous or airborne substances shall meet all requirements of the building code in effect at the time of permit application in order to contain, reduce, and mitigate impacts.

(c) Enclosed garage space may be located in a portion not to exceed 50 percent of the ground floor space, or may be located underground. (Ord. 1492 § 4 (Exh. D), 2021; Ord. 1294 § 27, 2011; Ord. 1282 § 1, 2011; Ord. 1138 § 4, 2003).