The provisions of this chapter shall be known as the S-5 Broadway retail frontage interim combining zone regulations. The S-5 zone is intended to create, preserve, and enhance ground level retail opportunities on the commercial areas of Broadway north of the Central Business District. These interim regulations anticipate the adoption of more comprehensive and detailed regulations and a plan to attract retail opportunities on this area of Broadway. (Ord. 12850 § 2 Exh. A (part), 2008)

The regulations contained in the S-5 zone shall remain in place and be effective for a continuous period of three years from the date of the adoption of the regulations or until the City Council adopts permanent regulations, whichever comes first. (Ord. 12850 § 2 Exh. A (part), 2008)

The S-5 zone may be combined with any commercial zone. (Ord. 12850 § 2 Exh. A (part), 2008)

The regulations in the S-5 zone are supplementary to the regulations applying in the zone or zones with which the S-5 zone is combined. Whenever any provision of the S-5 zone imposes overlapping or contradictory regulations with those contained in the applicable base zone, or contains restrictions covering any of the same subject matter, the provision within the S-5 zone shall control, except as otherwise expressly provided in the zoning regulations. (Ord. 12850 § 2 Exh. A (part), 2008)

Except for projects that are exempt from design review as set forth in Section 17.136.025, no Local Register Property, Building Facility, Telecommunications Facility, Sign or other associated structure in the S-5 combining zone shall be constructed, established, or altered in exterior appearance, unless plans for the proposal have been approved pursuant to the design review procedure in Chapter 17.136, and when applicable, the Telecommunications regulations in Chapter 17.125, or the Sign regulations in Chapter 17.104. (Ord. 12850 § 2 Exh. A (part), 2008)

The following table lists activities permitted, conditionally permitted, and prohibited in the S-5 zone. The descriptions of these activities are contained in Chapter 17.10.
“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 17.134) in the corresponding zone.
“L” designates activities subject to certain limitations listed at the bottom of the table.
“--” designates activities that are prohibited in the corresponding zone.

L1 - These activities shall not be located on the ground floor of a building on a lot with a property line that abuts the Broadway right of way except for incidental pedestrian entrances that lead to one of these activities in stories above the ground floor.

L2- These activities may only be located on the ground floor of a building on a lot that has a property line abutting the Broadway right of way upon the granting of a conditional use permit (see Chapter 17.134), and shall conform to the additional criteria contained in Section 17.25.030. However, incidental pedestrian entrances that lead to one of these activities in stories above the ground floor are permitted without the granting of a conditional use permit.

(Ord. 12850 § 2 Exh. A (part), 2008)

A. This section shall only apply to lots that have a property line abutting either the Broadway, Valdez Street, 24th Street, 26th Street, 27th Street, or Bay Place right of way.
B. For the purposes of this section, the front of a building on lots abutting more than one street shall be that side facing the most prominent street. The following is a ranking of the prominence of streets in the S-5 zone, from most prominent to least prominent: Broadway, 27th Street, Bay Place, Valdez Street, 24th Street, 26th Street, and then all other streets.
C. Except upon the granting of a conditional use permit (see subsection E of this section), only principal nonresidential facilities (excluding joint living and working quarters) shall be located within the front thirty (30) feet of the ground floor of any new principal facility located on a corner lot that abuts the Broadway right of way.
D. Except upon the granting of a conditional use permit (see subsection E), only principal non- residential facilities (excluding joint living and working quarters) and a maximum one driveway shall be located within the front thirty (30) feet of the ground floor of any new principal facility located on an interior lot that abuts the Broadway right of way. This driveway shall be a maximum nineteen (19) feet in width and lead to parking that is at least thirty feet (30) from the front of the building.
E. Upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134, twenty (20) percent of the width of the front thirty (30) feet of the ground floor of a new principal facility may contain required parking. This conditional use permit may be granted only upon determination that the proposal conforms to the general use permit criteria set forth in the conditional use permit procedure in Chapter 17.134 and the following additional criterion:
1. That the requirements contained in subsections C or D of this section are infeasible due to lot dimensions, topographic features, or other site constraints.
F. The ground level of Broadway facing facades of new principal facilities shall have a store front appearance defined by at least the following design elements:
1. An ample amount of street-facing ground level building facade comprised of clear, non-reflective windows that allow views of indoor commercial space. This includes:
a. A minimum of sixty (60) percent of the front building façade between three and one half feet and ten (10) feet in height comprised of clear, non-reflective windows that allow views of indoor commercial space or product display areas. The total area of the front building façade shall not include the area with the driveway;
b. The bottom of any window or product display window being no more than four feet above the abutting sidewalk; and
c. Product display windows used to satisfy that are a minimum height of four and one half feet and internally lighted.
2. A prominent and primary entrance feature facing Broadway; and
3. An area designated for signage. (Ord. 12859 Exh. A, 2008; Ord. 12850 § 2 Exh. A (part), 2008)

The minimum height from the grade to the ground floor ceiling of newly constructed principal facilities shall be fourteen (14) feet. This regulation does not apply to additions to existing buildings. (Ord. 12850 § 2 Exh. A (part), 2008)

The entire building façade that faces Broadway shall be located within five feet of the sidewalk. This standard shall not apply to plazas, recessed entrances, parks, or space designed to accommodate sidewalk seating areas for restaurants, cafes, and similar businesses. No more than fifty (50) percent of a building frontage shall qualify for the exception for plazas, recessed entrances, or sidewalk seating areas. (Ord. 12850 § 2 Exh. A (part), 2008)

New construction shall only exceed ten thousand (10,000) square feet upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134. (Ord. 12850 § 2 Exh. A (part), 2008)