20.670.030 Regulation of Uses.
A. Uses are allowed as specified in Table 20.430.030-1 and as shown in Figure 20.670-2, subject to standards and guidelines for The Heights district established in this chapter.
B. Ground Floor Use Regulation by Frontage Type. Ground floor uses shall be regulated by frontage type as shown in Figure 20.670-2.
1. Commercial frontage.
a. All commercial uses permitted in the HX district, except office, allowed.
b. Residential uses prohibited except residential lobbies and entrances associated with upper story residential uses are allowed but limited to 25 percent of the total length of the street frontage.
c. Institutional uses prohibited.
2. Active commercial frontage.
a. Only the following commercial uses are allowed: sales-oriented retail; eating, drinking and entertainment establishments; fitness center; community center and child care centers.
b. Residential and office uses prohibited except lobbies and entrances associated with upper story uses are allowed but limited to 25 percent of the total length of the street frontage.
c. Institutional uses prohibited.
3. Residential frontage.
a. Residential uses allowed.
b. Commercial and institutional uses are prohibited.
4. Mixed residential/commercial frontage.
a. Commercial uses allowed.
b. Residential uses allowed but limited to no more than 50 percent of the total length of street frontage.
c. Institutional uses prohibited.
5. Limited commercial frontage.
a. Residential uses allowed.
b. Commercial uses allowed but limited to no more than 25 percent of the total length of street frontage.
c. Institutional uses prohibited.
Figure 20.670-2. Ground Floor Use Map
C. Live/work uses and standards. “Live/work” means a commercial space where residential and commercial uses are combined and where the dwelling unit is the principal residence of the business operator/proprietor.
1. Uses.
a. Live/work uses are permitted where commercial uses are permitted in the District Gateway and Innovation Hub sub-districts of the HX district.
b. The following commercial uses are prohibited in live/work units:
i. Any use not permitted in the HX district, as specified in Table 20.430.030-1;
ii. The retail sale of food and/or beverages with customers arriving on site. This does not include online (Internet) sales, mail order, or off-site catering preparation;
iii. Entertainment, drinking, and public eating establishments;
iv. Veterinary services, including grooming and boarding, and the breeding or care of animals for hire or for sale;
v. Businesses that involve the use of prescription drugs.
c. A live/work unit is allowed instead of, or in addition to, a home occupation.
d. The residential and the commercial space must be occupied by the same tenant, and no portion of the live/work unit may be rented or sold separately.
2. Standards.
a. The commercial use may occupy a maximum of 50 percent of the unit floor area;
b. Residential uses are permitted above, to the side, or in back of the commercial use; provided, that there is internal access between the residential and commercial uses;
c. Signage intended to promote on-site commercial uses shall be restricted to two-square-foot signs permanently affixed to door or wall of the commercial use;
d. No more than one employee (excluding residents of the dwelling unit) shall work or report to work on the premises, and the employment of any persons who do not reside in the live/work unit shall comply with all applicable building code requirements;
e. Off-site impacts of the commercial use, such as noise, glare, and vibration, shall be subject to city performance standards in VMC 20.935.030; and
f. Explosive, toxic, combustible, or flammable materials in excess of what is allowed incidental to permitted residential uses shall not be stored or used on the premises. (Ord. M-4424 § 2, 2023; Ord. M-4341 § 3 (Exh. A), 2021)