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City of Vancouver, Washington

Vancouver Municipal Code

Return to Chapter 20.550 TRANSIT OVERLAY DISTRICT

Section 20.550.040 Development Regulations.

A.     Uses.

1.    Purpose.  The purpose of this section is to prohibit or conditionally allow certain uses within the Transit Overlay District which are permitted in the base zone but would, if allowed, be contrary to the purposes of the Transit Overlay District as set forth in Section 20.550.010 of this chapter.

2.    Applicability.  Certain uses shall be permitted, prohibited or conditionally allowed within the Transit Overlay District as indicated in Table 20.550.040-1.

Table 20.550.040– 1

Uses

X = Prohibited

C = Conditional Use

P = Permitted

3.    Criteria applicable to uses with drive-through facilities. Drive-through facilities are prohibited in transit nodes and transit station areas. Such facilities are permitted as conditional uses throughout the rest of the Transit Overlay District. In addition to the criteria set forth at VMC 20.245 (conditional uses), the following shall also be met:

a.  Except where constrained by the size or configuration of a proposed site, drive-through facilities and related driveways shall not be located between a public street and a structure; and  

b.  The drive-through facility incorporates a safe, clearly identifiable pedestrian crossing through the use of elevation changes, different paving material, or other similar methods approved by the planning official.

B.     Pedestrian Access

1.    Purpose. The purpose of this section is to provide for safe and convenient pathways or sidewalks between uses, as well as along street frontages which will increase the convenience and appeal of leaving one's car and walking from place to place. The pedestrian access standards encourage a safe, attractive, and usable pedestrian circulation system in all developments and ensure a direct pedestrian connection between the street and buildings on the site. Parking areas should facilitate pedestrian access to and from buildings via clearly designated pedestrian walkways connecting building entrances with parking areas and with pedestrian systems in the public right-of- way. The walkways and landscaping area will be compatibly designed.

2.    Applicability. This section shall apply throughout the Transit Overlay District.

3.    Sidewalks. Sidewalks shall be required and constructed according to adopted Vancouver standards.

4.    Pedestrian Access Standard. An on-site pedestrian circulation system which connects the street to the primary entrances of the structure(s) on the site shall be provided. The circulation system must be hard-surfaced and be at least 5 feet wide. Where the system crosses driveways, parking areas, and loading areas, the system must be clearly identifiable, through the use of elevation changes, speed bumps, a different paving material, or other similar method approved by the planning official. The on-site pedestrian circulation system must be adequately illuminated for night-time use to a level where the system can be used at night by employees, residents, and customers. Sidewalks or pedestrian ways must connect the required pedestrian system to existing pedestrian systems on adjacent developments if adequate safety and security can be maintained and a physical connection to adjacent pedestrian systems can be constructed.

5.    Internal Access. Internal access pedestrian paths shall be provided in locations generally consistent with the project's development plan.  The internal access system may be private and provided for by easement as each phase of a development on a site within the District develops.

6.    Lighting. Lighting for parking lots and pedestrian ways shall be provided to ensure personal safety. Lighting shall be integrated into the architectural character both in terms of illumination and fixtures. Lighting shall not produce glare or negatively impact off-site uses or traffic on adjacent streets.

C.     Landscaping and Walls, Hedges and Fences

1.    Purpose.  Landscaping, street trees and certain walls, hedges and fences improve the aesthetic character of an area and create a more pedestrian friendly environment. Urban settings are more enjoyable when natural elements are retained, added or enhanced. This section requires landscaping and street trees as elements of new development and regulates the size and type of walls, hedges and fences within the Transit Overlay District.

2.    Applicability.  This section shall apply throughout the Transit Overlay District.

3.    Street Trees

a.  Street trees shall be planted on all street frontages and within all median planting strips within the Transit Overlay District, as further specified in this section.

a. Street trees shall be spaced no further than 30 feet on center;

b.    Street trees shall be planted within the public right-of-way or the front yard setback;

c.    Street trees shall be placed a minimum of 2 feet from the curb.

d.    At planting, street trees shall have a minimum height of six feet and a minimum diameter of two inches measured at four feet above the ground at grade level;

e.  Street trees shall be species approved by the planning official; provided, that the planning official shall have the authority to reduce or waive the street tree requirements for expansion or enlargement of a development existing prior to the effective date of this ordinance upon finding that there are special circumstances or conditions affecting the property that make compliance with the street tree requirements impractical or infeasible.

4.    General Landscaping Requirements. See Section 20.925, VMC.

5.    Free-Standing Walls, Hedges and Fences.  Except as otherwise provided herein, no solid free-standing walls, hedges or fences shall be allowed in the Transit Overlay District along a public street or sidewalk. Free-standing walls, fences, and hedges along public streets may be allowed under the following conditions:

a.    Solid walls, fences and hedges 4 feet in height or less shall be allowed.

b.  Decorative walls, fences and hedges that allow visibility, such as wrought iron and split rail fences, shall be allowed throughout the Transit Overlay District and shall not exceed 6 feet in height.

c.    Barbed wire, razor wire, electric fences and other dangerous fences are prohibited in the Transit Overlay District.

d.  All allowable walls, hedges and fences between a building and public street must provide for access as set forth in Table 20.550.040– 2.

e.  Solid walls greater than 4 feet in height shall be allowed only if required by the planning official to mitigate significant noise impacts.

D.     Building Orientation.

1.    Purpose.  The purpose of the building orientation requirement in the Transit Overlay District is to facilitate pedestrian access between public ways and buildings. In general, this development standard requires new buildings to be oriented so as to face a public street or public open space.

2.    Applicability.  Except as otherwise provided in this section, this section applies to all property which abuts a public street.

3.    Orientation.  Primary ground floor building entrances shall have an entrance oriented to pedestrian-oriented streets, plazas, or parks. The building may also have other entrances so long as direct pedestrian access is provided from all entrances.

4.    Two or More Frontages.  If a building has frontage on more than one public street, the building need only have one main entrance oriented to the public street or alternatively to the corner where the two public streets intersect.

5.    Master Planning for Large-Scale Developments. Any nonresidential development greater than 5 acres in size with 2 or more building pads equal to or greater than 100,000 square feet shall not be subject to this section provided that the master planning requirements of Section 20.550.070 of this chapter are met.

E.     Building Frontage.

1.    Purpose. Ensure that space between a building and a public street is minimized to encourage pedestrian related activity at the street level and create a more desirable and enjoyable pedestrian experience. This allows buildings to be readily accessible to the pedestrian system at a level of convenience and interest that does not generally exist when buildings are set too far back from the street. The creation of a street frontage is important to the perceived comfort and convenience of pedestrians.

2.    Applicability.  Except as otherwise provided in this section, this regulation applies to all uses in Tier 1 except uses devoted exclusively to single family detached residential development and duplexes.  

3.    Extent of Frontage.  See Table 20.550.040– 3.

4.    Master Planning for Large-Scale Developments.  Any nonresidential development greater than 5 acres in size with 2 or more building pads equal to or greater than 100,000 square feet shall not be subject to this section provided that the master planning requirements of Section 20.550.070 of this chapter are met.

F.     Setbacks

1.    Purpose.  All uses other than single-family detached residential development and duplexes along public streets shall provide pedestrian and transit convenience which can be best achieved through eliminating space and/or obstructions between a structure and a public street. Pedestrian convenience is a critical element in making the use of alternative modes effective since most all trips begin and end as pedestrian trips.

2.    Applicability.  Except as otherwise provided in this section, these regulations shall apply to all uses in Tiers 1 and 2 of the Transit Overlay District.

3.    Minimum Setbacks.  The minimum setbacks shall be set forth in Table 20.550.040-4.

4.    Maximum Setbacks.

a.    All Uses other than Single-Family Detached Dwellings and Duplexes.  For those buildings that are required to be located along the front setback line, except single-family detached dwellings and duplexes, the maximum setback shall be set forth in Table 20.550.040–4. In the Downtown Activity Center, setbacks may be extended to accommodate pedestrian areas.

5.    Parking in Setback. No vehicle parking or garage shall be allowed in a setback which abuts a public street. Nothing in this chapter shall prohibit the use of services entrances or loading zones restricted for deliveries and not available for use by the general public for parking purposes.

6.    Master Planning for Large-Scale Developments. Any nonresidential development greater than 5 acres in size with 2 or more building pads equal to or greater than 100,000 square feet shall not be subject to this section provided that the master planning requirements of Section 20.550.070 of this chapter are met.

G.     Blank Walls

1.    Purpose. Unscreened, flat, blank walls at ground level are not permitted in the Transit Overlay District in order to provide a pleasant and enjoyable pedestrian experience by connecting activities within a structure to the adjacent sidewalk and/or transit stop.

2.    Applicability. This section shall apply throughout the Transit Overlay District except to exclusive residential uses.

3.    Blank Walls Prohibited. At least 75% of the width of any new or reconstructed first story building wall facing a public street or pedestrian way and 50% of the ground level wall area which is defined as the area 9 feet above the grade shall be devoted to interest creating features, such as pedestrian entrances, reliefs, murals, landscaping, transparent show or display windows, or windows affording views into retail, office or lobby space.

4.    Exemption for Historic Building. The following types of buildings may be exempted by the planning official from the ground floor requirements with respect to the percent of wall devoted to windows and entrances, where in conflict with the character of the architecture, in accordance with the procedures specified concerning Development Plan Review.

a.  Existing buildings entered into the National Register of Historic Places, Buildings or Structures or listed in the Washington State Inventory of Historical Sites and Buildings, or designated by the City Council as a building site or structure of historical, architectural, or cultural significance or merit, or as a historical, architectural landmark, where the first story of the building is being restored or has been restored to its original architectural character or as near as possible to its original architectural character, and where application of the requirements of this Section would interfere with such restoration.

b.  Existing or new buildings located with an area designated as a conservation area, where the requirements of this section are found by the planning official to be inconsistent with the requirements, standards, and design guidelines applicable to buildings in a designated conservation area.

H.     Parking.

1.    Purpose. The purpose of parking standards within the Transit Overlay District is to manage the supply of surface parking by establishing minimum and maximum parking requirements in order to promote transit and pedestrian use and the efficient use of land; to substantially reduce the number of parking spaces between the building and the street to create more direct and convenient pedestrian/transit access; and to encourage pedestrian-oriented activity at the street for a more enjoyable pedestrian experience.

2.    Applicability. This section shall apply to all proposed uses within the Transit Overlay District except exclusive residential uses.

3.    Minimum Parking Requirements. The minimum number of parking spaces required shall be set forth in Table 20.550.040-5. On-street parking which is adjacent to a development may be counted toward the minimum parking requirement. Joint use or shared parking may be counted toward the minimum parking requirement if a formal joint use agreement is executed.

4.    Maximum Parking Allowances. The maximum number of parking spaces to be provided shall be as set forth in Table 20.550.040-5. On-street parking spaces abutting a site and available to a development shall be counted toward the maximum parking requirement.

a.    Upon approval of the planning official, applicants may be eligible to exceed the maximum parking allowed based on the following criteria provided that the applicant can demonstrate that it has explored all available options to maximize parking, such as shared parking agreements and that all other standards of this chapter are met and:

1.  The applicant can demonstrate an expected employee density ratio that is significantly higher than what is commonly experienced (based on Institute of Transportation Engineers parking-generation standards); or

2.  The applicant can demonstrate trip generation characteristics of its proposed use are significantly higher than what is commonly experienced with similar uses (based on Institute of Transportation Engineers trip-generation standards); or

3.  The applicant can demonstrate that parking at or below the maximum may have a detrimental causal effect on adjacent/adjoining uses; or

4.  The applicant can demonstrate that significant trip reduction cannot be achieved because there is no transit service in place or planned within one quarter mile of the proposed site.

5.  An allowance for additional parking may also require mitigation measures, for which the applicant is responsible.

6.  Shared Parking. Shared or joint use of parking areas shall be permitted when the users sign and record a shared parking agreement that specifies the duration of the agreement and:

b.    There is a relationship among the land uses utilizing shared parking that will attract drivers to two or more uses in a single trip.

c.    There is adequate linkage between the parking and each of the uses sharing the parking.

d.  The applicant shall submit a properly drawn legal instrument executed by the parties concerned, agreeing to such joint use.  Said instrument shall be reviewed by the City Attorney as to the form, and recorded against all properties involved.

5.    Location and Configuration of Parking Areas.  No off-street parking shall be allowed between a public street or pedestrian way and the required frontage for a building, other than in a driveway accessory to residential development. Except as otherwise provided in this subsection, off-street parking areas shall only be allowed in surface lots on the side or rear of a lot, in an underground lot or in a parking structure, provided however, for commercial development (excluding the identified downtown center), parking shall be allowed between a public street or pedestrian way and a building if it does not obstruct pedestrian access as defined in 20.550.040(B)(4) and,

a.    There are unusual site characteristics making it impossible to meet the minimum parking requirement on the side or rear of a building; or

b.    No more than 2 rows of parking are provided.

6.    Landscaping and Walkways in Parking Areas.  All surface parking areas of 50 or more spaces shall be divided by landscaping and/or walkways at least 10 feet in width, or by a building or group of buildings.

7.    Parking Structures.  Retail uses shall be incorporated in the ground floor of parking structures adjacent to streets within the Downtown Blank Walls Combining District (Section 20.630.030). This subsection shall not prohibit subterranean parking areas. Parking structures adjacent to streets not subject to the Downtown Blank Walls standards of Section 20.630.030 are encouraged to incorporate retail uses in the ground floor.

(M-3643, Added, 01/26/2004)