Is there a definition of "residentially zoned property" wrt "Residential Adjacency: If a building is immediately adjacent to residentially zoned property, the minimum side and rear setbacks increase to 10 feet "? Ie does this include GC since residential is permitted there?
The definition of "residentially zoned property" (or "Residentially Zoned Parcel or Property") is a lot or parcel contained within a "residentially zoned district" [Section 18.09.303, p. 549]. The code explicitly defines "Residentially Zoned District" as any area with the following specific zoning designations:
- Large-Lot Residential: LLR-2.5, LLR-1, and LLR-.5.
- Single-Family Residential: SF-3, SF-5, SF-8, and SF-11.
- Multi-Family Residential: MF-14, MF-21, and MF-30.
- Planned Unit Development (PUD) or Specific Plan District (SPD): Only if residential is the primary use of that portion of the district [Section 18.09.303, p. 549].
The General Commercial (GC) district is classified as an Urban District, not a Residential District [Section 18.02.108, p. 26]. Therefore, a property zoned GC does not meet the definition of "residentially zoned property," regardless of whether residential uses are permitted or currently exist on that site.
The 10-foot minimum side and rear setback requirement triggered by adjacency to residentially zoned property is found in the development standards for several non-residential districts, including:
- General Commercial (GC): Note [2] of Table 2-22 [Section 18.02.309, p. 55].
- Neighborhood Commercial (NC): Note [2] of Table 2-23 [Section 18.02.310, p. 56].
- Industrial (I): Note [1] of Table 2-27 [Section 18.02.401, p. 61].
- Industrial Commercial (IC): Note [2] of Table 2-28 [Section 18.02.402, p. 62].
- Mixed Employment (ME): Note [2] of Table 2-29 [Section 18.02.403, p. 63].
- Mixed-Use Airport (MA): Note [1] of Table 2-30 [Section 18.02.404, p. 64].
Because the code relies on the specific zoning map designation rather than the use of the land, the increased 10-foot setback is only required when the subject property abuts one of the LLR, SF, or MF districts (or a residential-primary PUD/SPD). Adjacency to a GC-zoned property—even one entirely developed with apartments—would not trigger this specific 10-foot setback increase or the broader Residential Adjacency standards of Article 14, which apply to nonresidential development within 300 feet of a "residential zoning district or a mobile home park" [Section 18.04.1402, p. 373].
Sections Cited
- Section 18.02.108, Zoning Districts Established (p. 26)
- Section 18.02.309, GC: General Commercial (p. 55)
- Section 18.02.310, NC: Neighborhood Commercial (p. 56)
- Section 18.02.401, I: Industrial (p. 61)
- Section 18.02.402, IC: Industrial Commercial (p. 62)
- Section 18.02.403, ME: Mixed Employment (p. 63)
- Section 18.02.404, MA: Mixed-Use Airport (p. 64)
- Section 18.04.1402, Applicability [Residential Adjacency] (p. 373)
- Section 18.09.303, Residentially Zoned District or Residential Zoning District (p. 549)
- Section 18.09.303, Residentially Zoned Parcel or Property (p. 549)