Chapter 19.22
ZONE B-3 REGULATIONS

Sections:

19.22.010    Basic development standards.

19.22.020    Development standards in the B-3 zone.

19.22.030    Use of basement or other building spaces.

19.22.040    Repealed.

19.22.050    Repealed.

19.22.060    Repealed.

19.22.070    Repealed.

19.22.080    Repealed.

19.22.090    Repealed.

19.22.010 Basic development standards.

See Table 6.1 in Chapter 19.06 of this title for the basic development standards that apply to uses hereafter established in the B-3 zone. Additional development standards are listed in Section 19.22.020. (Ord. 2923-06 § 4, 2006: Ord. 2397-99 § 40, 1999: Ord. 1671-89 (part), 1989.)

19.22.020 Development standards in the B-3 zone.

In addition to the development standards contained in Table 6.1 in Chapter 19.06 of this title, the following development standards apply to uses hereafter established in the B-3 zone:

A.    Required Setbacks. There shall be no minimum setbacks in the B-3 zone. However, no portion of a setback area located between a building and the public sidewalk shall be permitted to be used for off-street parking.

B.    Height of Building or Structure.

1.    Except as otherwise provided by this section, buildings located within the B-3 zone shall be permitted to have a height no greater than indicated on Map 22-1.

2.    Building height in the B-3 zone is measured as the height above the highest point of any public sidewalk immediately contiguous to the lot upon which the building is proposed to be located.

3.    Buildings may exceed the height limits indicated on Map 22-1 as follows if approved by the planning director, using Review Process II, as provided herein:

a.    If a project includes three or more of the bonus elements listed in subsection E of this section, it may exceed the height limit:

(1)    With no maximum height limit in the Colby Ridge (two hundred feet) area indicated on Map 22-1;

(2)    By fifty percent of the height limit indicated for all other areas.

b.    All floors with a finished floor elevation above forty feet in height shall be less than one hundred fifty feet in width measured in the north-south direction.

C.    Floor Area Ratio. Buildings in the B-3 zone shall be regulated using floor area ratio (FAR) as provided in this section. For purposes of this chapter, “floor area ratio” is defined as the gross square footage of the building, excluding basement areas, structured parking, public amenity areas, mechanical equipment rooms or attic spaces with headroom of less than seven feet six inches, outdoor terraces, balconies or open space areas, divided by the lot area.

1.    The minimum FAR for any new building shall be 0.75.

2.    Maximum FAR shall be as provided in Table 22-1 and subsection E of this section:

Table 22-1: Maximum FAR by Area 

Area (See Map 22-1)

With Basic Design Standards

With Basic Design Standards Plus

1 bonus element

2 bonus elements

3 bonus elements

4 bonus elements

5 bonus elements

West

3

4

5

5

5

5

Near West

3

4

5

6

7

7

Colby Ridge

3

4

6

8

10

12

Southeast

3

4

5

6

6

6

Northeast

3

4

4

4

4

4

North, South, Far West

1.5

2.5

3.5

4

4

4

D.    Basic Design Standards.

1.    Applicability. All of the design standards herein apply to new construction in the B-3 zone, with the following exceptions:

a.    Major exterior remodels include all remodels within a three-year period whose value exceeds fifty percent of the value of the existing structure, as determined by the city of Everett valuation methods. All standards that do not involve repositioning the building or reconfiguring site development, as determined by the city, shall apply to major exterior remodels.

b.    Minor exterior remodels include all remodels within a three-year period with a value of fifty percent of the building valuation or less, as determined by the city of Everett valuation methods. For minor exterior remodels, the requirement is only that the proposed improvements meet the standards and/or guidelines and do not lead to further nonconformance with the standards. For example, if a property owner decides to replace a building facade’s siding, then the siding shall meet the applicable exterior building material standards, but elements such as building modulation would not be required.

c.    The standards herein do not apply to remodels that do not change the exterior appearance of the building. However, if a project involves both exterior and interior improvements, then the project valuation shall include both exterior and interior improvements.

d.    The planning director may allow modification of design and development standards specified in subsections D.2 through D.10 of this section to permit a design that meets the intent of this chapter and provides a superior design treatment than could be achieved if those standards were strictly applied. The director’s review of proposed modifications under this section shall be governed by the procedures established in Title 15 for Review Process II.

2.    Street and Parking Standards.

a.    Sidewalk Design. Sidewalks and street trees shall be installed per city specifications as part of the project.

Example: Standard sidewalk and street tree improvements will be required as part of downtown projects.

b.    Special Streetscape Treatment. All developments must incorporate at least two of the treatments listed below. Treatments must be “one of a kind” and constructed of high-quality and durable materials approved by the city.

(1)    Special surfacing treatment, such as unit pavers, special materials, and inlays, as approved by the city.

(2)    Artwork incorporated into or along the sidewalk.

(3)    Decorative tree grates.

(4)    Decorative clocks.

(5)    Informational kiosks.

 

(6)    Corner curb bulbs or other landscaping elements incorporated into the sidewalks.

(7)    Other treatments as approved by the city.

Special Sidewalk Treatment Example

3.    Parking Lot Requirements. The following requirements shall apply to parking lots located in the B-3 zone:

a.    Parking Lot Location. Surface parking areas shall not be located between the building and public streets. Corner parking lots are prohibited.

b.    Parking Lot Access. When the parking lot abuts an alley, access to the parking lot shall be taken from the alley. This requirement may be waived by the city engineer based upon extenuating topographic conditions or efficient traffic movement objectives.

c.    The parking lot shall be separated from the public sidewalk by a landscape planter located outside of the public right-of-way which is a minimum of five feet wide (measured as specified in Section 35.060.A of this title) and contained within a planter bed raised a minimum of six inches above the abutting parking lot surface. Landscape areas shall be irrigated and maintained in accordance with Section 19.35.130.

d.    The planter shall be planted with shrubs which are maintained at a minimum height of twenty-four inches and a maximum height of thirty inches above the abutting parking lot surface, spaced at five feet on center. Deciduous trees as specified by the planning director shall be planted in the planter spaced at not more than twenty feet on center. The spacing of trees may be modified by the planning director if the type of trees planted will be of a size which, at maturity, requires a greater spacing.

e.    When a parking space which takes access from the alley is located behind a building and abuts the sidewalk, screening between the sidewalk and the off-street parking space may be provided in the form of a solid screen or wall not more than thirty inches above the surface of the parking area, in lieu of providing the landscaping required by subsection D.3.d of this section.

f.    Landscaping is not required in the interior of parking lots containing sixty or fewer parking spaces. For parking lots containing more than sixty parking spaces there shall be planted canopy-type trees in the interior of the parking lot at the rate of one tree per each twenty parking spaces. When this computation results in a fraction of one-half or greater, the fraction shall be rounded up to the next whole number. Tree wells shall be a minimum size of five feet square positioned so as not to eliminate parking spaces and built with raised six-inch curbs which act as wheel stops.

g.    Parking lots shall be surfaced in accordance with the requirements of Section 19.34.080 of this title. Wheel stops shall be provided where needed to prevent damage to plant materials.

Parking Lot Screening Example

4.    Parking Garage Design. Parking garages must be designed to obscure the view of parked cars. Where commercial or residential space is not provided on the ground level adjacent to the sidewalk to accomplish this, features such as planters, decorative grilles, or works of art shall be provided as approved by the city. The following specific standards and considerations shall apply to parking structures:

a.    No more than one hundred twenty feet of ground level building frontage can be occupied by parking. Parking structures wider than one hundred twenty feet must incorporate other uses along the street front to meet this requirement.

b.    Small setbacks with terraced landscaping elements can be particularly effective in softening the appearance of a parking garage.

c.    Where the garage wall is built to the sidewalk edge, the facade shall use a combination of artwork, grillwork, special building material treatment/design, and/or other treatments as approved by the city that enhance the pedestrian environment. In order to meet transparency requirements, garages can incorporate openings with grillwork or other treatments to resemble windows.

d.    Parking garage levels above the ground floor shall use articulation treatments that break up the massing of the garage and add visual interest.

Example of parking garage that includes some storefront retail space (left), decorative grillwork, and a raised brick planter to enhance the pedestrian environment.

Example: This parking garage building uses openings on its second level parking area to resemble windows.

Example: Parking garage is designed to obscure the view of parked cars.

5.    Building Design.

a.    Ground Floor Transparency. For all building facades within five feet of a public sidewalk and facing the sidewalk, at least forty percent of the area between two and ten feet above grade shall be transparent. For residential uses, this minimum transparency requirement is reduced to twenty percent of the area between two and ten feet above grade to allow for increased privacy. Transparent features may include windows, transparent doors, and window displays at least twelve inches in depth and recessed into the building. Display cases attached to the exterior wall do not qualify. Other treatments that enhance the pedestrian environment may be approved by the city.

b.    Window Treatments. Building facades shall employ techniques to recess or project individual windows above the ground floor at least two inches from the facade or incorporate window trim at least four inches in width that features color that contrasts with the base building color. Exceptions will be considered by the city where buildings employ distinctive window or facade treatment that adds visual interest to the building. Buildings over six stories in height are exempt from this requirement to accommodate common construction/architectural practices for tower structures.

An Example of Recessed Windows on Upper Floors

c.    Materials.

(1)    Metal Siding. If metal siding is used, it shall have visible corner moldings and trim and incorporate masonry or other similar durable/permanent material near the ground level (first two feet above sidewalk or ground level).

(2)    Concrete Block. When used for the facade of any building, concrete blocks shall be split, rock- or ground-faced. To add visual interest, the use of specialized textures and/or colors used effectively with other building materials and details is encouraged.

(3)    Exterior Insulation and Finish System (EIFS) and Similar Troweled Finishes (Stucco).

(a)    EIFS shall be trimmed in wood, masonry, or other approved materials and shall be sheltered from extreme weather by roof overhangs or other methods.

(b)    EIFS may only be used in conjunction with other approved building materials. Generally, the use of EIFS for more than fifty percent of the building facade is discouraged.

(c)    EIFS is prohibited within two vertical feet of the sidewalk or ground level. Masonry or other similar durable/permanent materials shall be used.

(4)    Prohibited Materials.

(a)    Mirrored glass is prohibited at the ground level along designated retail streets. Mirrored glass covering more than ten percent of the exterior of any building is prohibited.

(b)    Textured or scored plywood (including T-111 or similar plywood).

(c)    Stucco board.

(d)    Other materials as determined by the city that are not of suitable quality and durability for downtown.

Example: Where metal siding is used, it shall have visible corner moldings and trim and incorporate durable materials, such as masonry, on the ground floor.

Example: An acceptable use of concrete block and stucco (EIFS). This example uses split-faced block together with metal awnings, concrete, and stucco to add visual interest to the storefront.

d.    Building Entrances. The main public entrances of all buildings must provide weather protection at least six feet in depth. Exception: The primary entrance for individual ground-level residential units must provide weather protection at least three feet in depth.

Example: Weather protection at least six feet deep over primary public building entries.

e.    Building Corners. Buildings located on corner properties must incorporate one or more of the following elements to emphasize these highly visible locations:

(1)    Turret.

(2)    Special balcony or bay window design.

(3)    Curved corner facade.

(4)    Sculptural or artistic treatment of building corner.

(5)    Recessed corner entry with distinctive weather protection element.

(6)    Other distinctive corner feature as approved by the city.

Example of a Curved Corner Facade

f.    Facades of Large Buildings. Buildings must use design techniques to break up long, continuous building walls, reduce the architectural scale of the building, and add visual interest. Specifically, any building facade longer than one hundred twenty feet in width must employ design techniques to minimize the appearance of the length of individual facades. To meet this requirement, buildings must utilize a combination of vertical building modulation with a change in building materials or finishes, a clear change in building articulation and/or fenestration technique.

Example: This building uses an angled window over the primary building entry to break up the width of the facade.

Example: Other design elements to break up large facade.

g.    Blank Wall Treatment.

(1)    Definition: All exterior building walls visible from a street or publicly accessible open space are considered a blank wall if:

(a)    A ground floor wall or portion of a ground floor wall over four feet in height has a horizontal length greater than fifteen feet and does not include a window, door, building modulation or other architectural detailing; or

(b)    Any portion of a ground floor wall having a surface area of four hundred square feet or greater that does not include a window, door, building modulation or other architectural detailing.

Exceptions: Building walls adjacent to an alley and exterior fire walls built along interior property lines (see subsection D.5.g.3 of this section, Fire Wall Treatments) shall not be considered blank walls.

(2)    Blank walls shall be prohibited. Design treatments to eliminate blank walls are subject to city approval based on their ability to enhance the pedestrian and visual environment and can include:

(a)    Transparent windows or doors.

(b)    Display windows.

(c)    Landscape planting bed at least five feet wide or a raised planter bed at least two feet high and three feet wide in front of the wall. Such planting areas shall include planting materials that are sufficient to obscure or screen at least sixty percent of the wall’s surface within three years.

(d)    Installing a vertical trellis in a raised planter bed at least two feet high and three feet wide in front of the wall with climbing vines or plant materials sufficient to obscure or screen at least sixty percent of the wall’s surface within three years. For large areas, trellises should be used in conjunction with other blank wall treatments.

(e)    Other methods such as murals or special building material treatments that provide visual interest to the pedestrian as approved by the city.

(3)    Fire Wall Treatments. Exposed fire walls visible from a street or open space shall have material, color, and/or textural changes as approved by the city to add visual interest to the wall.

Example of Blank Wall Treatments

h.    Rooftop Mechanical Equipment. All rooftop mechanical equipment shall be designed, organized, proportioned, detailed, or landscaped (with decks or terraces) and colored to be an integral element of the building.

6.    Nonresidential Uses.

a.    Storefront Details. Ground floor facades must include at least three of the elements listed below. Standard corporate logos or architectural elements will not qualify.

(1)    Unique or handcrafted pedestrian-oriented signage.

(2)    Artwork incorporated on the facade.

(3)    Distinctive treatment of windows and/or door(s).

(4)    Permanent weather protection element such as a glass and/or steel canopy at least six feet in depth along the majority of the building frontage.

(5)    Distinctive exterior light fixtures.

(6)    Unique or handcrafted planter boxes or other architectural features that are intended to incorporate landscaping.

(7)    Distinctive facade kickplate treatment including the use of stone, marble, tile or other material that provides special visual interest.

(8)    Other details as approved by the city that add visual interest to the storefronts.

Example: These Colby Avenue buildings incorporate a number of desirable storefront details. New buildings would also need to add weather protection features.

7.    Multifamily Residential Uses.

a.    Open Space. All multifamily residential development must provide at least fifty square feet of on-site open space per dwelling unit. The design standards below shall supersede the requirements of Section 19.15.040. Acceptable types of open spaces include:

(1)    Common Open Space. Where accessible to all residents, common open space shall count for up to one hundred percent of the required open space. This includes landscaped courtyards or decks, gardens with pathways, children’s play areas, or other multipurpose recreational and/or green spaces. Special requirements for common open spaces include the following:

(a)    Required setback areas shall not count towards the open space requirement unless it is part of a space that meets the dimensional requirements.

(b)    Space shall be greater than twenty feet as measured in any direction to provide functional leisure or recreational activity.

(c)    Space (particularly children’s play areas) shall be visible from dwelling units and positioned near pedestrian activity.

(d)    Space shall feature paths, landscaping, seating, lighting and other pedestrian amenities to make the area more functional and enjoyable.

(e)    Individual entries shall be provided onto common open space from adjacent residential units. Small, semi-private open spaces for adjacent units that maintain visual access to the common area are strongly encouraged to enliven the space.

(f)    Common space shall be separated from ground floor windows, streets, service areas and parking lots with landscaping, low-level fencing, and/or other treatments as approved by the city that enhance safety and privacy (both for common open space and dwelling units).

(g)    Space should be oriented to receive sunlight, facing east, west, or (preferably) south, when possible.

An example of on-site open space for multifamily uses that includes street-level courtyards and private balconies.

(2)    Balconies. Individual balconies or patios may be used to meet up to fifty percent of the required open space. To qualify as open space, balconies or patios shall be at least thirty-five square feet, with no dimension less than four feet, to provide a space usable for human activity.

(3)    Rooftop decks may be used to meet up to fifty percent of the required open space, provided the following conditions are met.

(a)    Space must be accessible (ADA) to all dwelling units.

(b)    Space must provide amenities such as seating areas, landscaping, and/or other features that encourage use as determined by the city.

(c)    Space must feature hard surfacing appropriate to encourage resident use.

(d)    Space must incorporate features that provide for the safety of residents, such as enclosures and appropriate lighting levels.

b.    Setbacks/Privacy. All ground floor residential units shall be set back at least ten feet from the public right-of-way, or all living areas with windows shall have a floor elevation at least three feet above the street grade to provide for increased privacy. The city may approve other design solutions that retain resident privacy while enhancing the pedestrian environment on the sidewalk.

Examples of ground floor residential units set back off the street and elevated for privacy.

c.    Modulation/Articulation. All residential buildings and residential portions of mixed-use buildings shall include at least three of the following modulation and/or articulation features at intervals of no more than forty feet along all facades facing a street:

(1)    Repeating distinctive window patterns at intervals less than forty feet.

(2)    Vertical building modulation. Minimum depth of modulation is two feet and minimum width for each modulation is four feet if tied to a change in color or building material and/or roofline modulation as required by subsection D.7.c.5 of this section. Otherwise, minimum depth of modulation is ten feet and minimum width for each modulation is fifteen feet. In order to qualify as a vertical modulation feature, balconies must project or be recessed in accordance with this standard. Inset balconies, where the outer wall of the balcony is in the same vertical plane as the outer walls of the building, will not qualify.

(3)    Horizontal modulation (upper level step-backs). To qualify for this measure, the minimum horizontal modulation shall be five feet.

(4)    Articulation of the building’s top, middle, and bottom. This typically includes a distinctive ground floor or lower floor design, consistent articulation of middle floors, and a distinctive roofline.

(5)    Change of roofline. To qualify for this measure, the maximum length of any continuous roofline shall be 40 feet and comply with the treatments below:

(a)    For flat roofs or facades with a horizontal eave, fascia, or parapet, the minimum vertical dimension of roofline modulation is the greater of two feet or 0.1 multiplied by the wall height (finish grade to top of wall).

(b)    For gable, hipped, or shed roofs, a minimum slope of three feet vertical to twelve feet horizontal.

(c)    Other roof forms consistent with the design standards herein may satisfy this standard if the individual segments of the roof with no change in slope or discontinuity are less than forty feet in width, measured horizontally.

(d)    Change in building material or siding style, coordinated with horizontal building modulation and a change in color.

(e)    Alternative methods as approved by the city that reduce the perceived bulk and scale of the buildings and add visual interest. For example, buildings using high- quality materials such as brick and special facade detailing may not need much modulation to provide visual interest.

Example: This building is articulated into intervals. Articulation methods include modulation, broken roof lines, building elements (chimneys, entries), and landscaping.

Examples: Building in top picture employs both vertical and horizontal modulation and a change in building materials to add visual interest. Building in bottom picture has no vertical or horizontal modulation, but uses design treatments to clearly delineate its top, middle, and bottom and uses high-quality materials and special detailing to add visual interest.

8.    Standards Applicable to Retail Streets. The following standards shall apply to buildings fronting on streets designated as retail streets on Map 22-2.

a.    Compliance with applicable standards stated in subsections D.1 through D.7, inclusive, of this section.

b.    Buildings shall abut the public right-of-way unless the space between the building and the right-of-way is additional sidewalk area or pedestrian-oriented space.

c.    All ground floors of buildings hereafter constructed shall maintain fifteen-foot floor-to-ceiling heights.

d.    Enclosed commercial space must have a minimum depth of twenty feet measured from the sidewalk level facade.

e.    Building Frontage Requirements. At least seventy-five percent of the area between two and ten feet above grade shall be transparent. This may include windows, transparent doors, and window displays at least twelve inches in depth and recessed into the building. Display cases attached to the exterior wall do not qualify.

f.    Weather protection at least six feet in depth is required over seventy-five percent of building frontage, with a minimum height of eight feet and maximum height of fifteen feet above sidewalk grade.

g.    Primary entrances must be oriented to the retail street unless the city finds a compelling reason to the contrary.

h.    Parking lots and ground level structured parking adjacent to a retail street are prohibited.

i.    Driveways or parking areas adjacent to streets are prohibited except where the city determines that no other access opportunities exist.

Example: Street-level facades on retail streets must employ tall floor-to-ceiling heights, plenty of transparency, and weather protection elements.

9.    Standards for Downtown Connector Streets. The following standards shall apply to buildings fronting on streets designated as connector streets as designated on Map 22-2.

a.    All uses fronting on connector streets must feature their primary pedestrian building entrance on such street unless the city finds that there is a compelling reason to the contrary (e.g., steep grade). Exception: If sites also front onto a retail street, the retail street takes priority (corner entrances or entrances onto both streets are encouraged).

b.    For all nonresidential buildings facing a connector street, at least forty percent of the area between two and ten feet above grade shall be transparent or include some other design feature acceptable to the city such as a landscaped open space.

Example of a desirable streetfront treatment along a connector street. Note the windows and landscaping elements.

10.    Special Standards for Colby Avenue. A ten-foot setback or other horizontal design element that creates the appearance of a stepback is required above the fifth floor of facades facing Colby Avenue.

On Colby Avenue, use design techniques to create the appearance of a stepback of tower floors. This cornice line above the fourth floor and change in materials is a good example of how this can be accomplished.

E.    Floor Area Ratio (FAR) Bonus Features.

1.    Bonus Design Elements. Developments can qualify for a FAR bonus by incorporating one or more of the design elements below (see Table 22-1). Specifically, developments can gain an additional 1.0 FAR by incorporating one element, 2.0 FAR by incorporating two elements, and additional FAR up to the maximum FAR identified in Table 22-1 by incorporating additional bonus design elements. Providing at least three elements can also allow building heights greater than maximum heights shown in Map 22-1 if the project meets the conditions of subsection B of this section.

The city shall have the discretion to decide if the quality of the proposed design elements is sufficient to qualify as a FAR bonus feature.

a.    Provide publicly accessible open space within three vertical feet of the nearest sidewalk equivalent to five percent of the site, including all of the following:

(1)    At least two linear feet of seating area or one individual seat per sixty square feet of area.

(2)    Landscaping elements as approved by the city.

(3)    Solar exposure during the summer if site location allows.

(4)    Visibility from the nearest sidewalk.

Examples of Publicly Accessible Open Spaces

b.    Distinctive building geometry. This could include:

(1)    Unique rooftop features such as a dome, spire, or pyramid.

(2)    Terraced upper floors.

(3)    Other distinctive architectural features that create a distinctive silhouette.

Examples of Distinctive Building Geometry

c.    Public benefit use, including:

(1)    Auditorium.

(2)    Movie theater.

(3)    Retail frontage on a publicly accessible private open space.

d.    Retention and renovation of any designated or listed historic structures on the site. Alternatively, funding for off-site rehabilitation of any designated or listed historic structures, within the downtown area, equivalent to at least one percent of the project construction cost.

e.    Below-grade parking (at least forty percent of parking must be below grade to qualify).

f.    Building an off-site park, open space, or community garden with a value of at least one percent of the project construction cost within the downtown core. Alternatively, a payment may be paid to the city to be used for park improvement purposes in lieu of actual park development.

g.    Providing works of art or water features equivalent to at least one percent of the project construction cost within publicly accessible spaces on-site or off-site within

the downtown core. Alternatively, a payment may be paid to the city arts fund in lieu of actual work of art or water feature.

Example: Water features frame the entry to a residential tower and enhance the streetscape.

h.    Enclosed publicly accessible atrium at least two thousand square feet in size with adjacent commercial uses and seating and pedestrian amenities. This could be ground floor or upper floors where they are accessible and inviting to the public.

Enclosed Atrium with Seating Areas and Adjacent Retail Uses

i.    LEED certification of the proposed building to a “silver” rating, at a minimum, by the U.S. Green Building Council, or other equivalent certification as approved by the city. Prior to the issuance of approval by the city, the applicant must submit a letter of intent to commit the project to meeting the LEED silver rating, and agreeing to penalties if the building fails to meet LEED silver rating after receiving bonus FAR based on such commitment. The applicant shall submit documentation that demonstrates achievement of the LEED silver rating within ninety days of issuance of the certificate of occupancy. If the applicant fails to provide such documentation, the city will assess a penalty in the amount of one percent of the project construction costs as determined by the city, to be used by the city for park, open space or art purposes downtown.

2.    Transfer of Development Rights from Significant Historic Properties to New Sites. On a square-foot-for-square-foot basis, developers can transfer unused floor area per maximum FAR with basic design standards as identified in Table 22-1 for the applicable historic site (sending site) to the proposed development site (receiving site) within the B-3 zone, provided all of the following conditions below are met.

a.    The proposed development does not exceed the maximum FAR identified in Table 22-1.

b.    The sending site is in the B-3 zone and listed in A Survey of Everett’s Historic Properties (revised and reprinted in 1996), Hewitt Avenue Inventory (1989), Central Business District Inventory/Survey (1993), or on the Everett, State or National Register of Historic Properties.

c.    The sending site (applicable historic property) must be rehabilitated to the Secretary of the Interior’s Standards for Rehabilitation for any changes to the building’s exterior.

3.    Transfer of Development Rights from Other Properties. The city may in the future establish a transfer of development rights program to enable the transfer of development from properties that are located outside the B-3 zone that may not be developed due to such properties being significantly constrained by critical areas, being placed in an agricultural preservation program, being committed to permanent open space, or for such other reasons as the city may deem appropriate. Should such a program be established, the development rights allowed to be transferred from such properties may be applied to a receiving site in the B-3 zone in accordance with provisions to be established as part of such a program.

F.    Signs. The following design standards shall supplement the citywide sign standards in Chapter 19.36. Where there is a conflict between Chapter 19.36 and this section, the regulations of this section shall control.

1.    Illumination Standards.

a.    Backlit signs with letters or graphics on a plastic sheet (can signs) are prohibited unless otherwise noted.

Example: Backlit signs on a sheet are prohibited.

b.    Backlit logos under five square feet or individual backlit letters are permitted.

Examples: Backlit logo signs less than five square feet in size are acceptable. Signs where only the letters are backlit are acceptable.

c.    Neon signs and externally lit signs are encouraged.

Example: Externally lit signage is encouraged.

2.    Freestanding Signs.

a.    Freestanding signs shall be prohibited except to identify public buildings and uses.

b.    No more than one freestanding sign may be used for each such use.

c.    The maximum sign area shall be forty square feet.

d.    The maximum height for a freestanding sign shall be six feet.

e.    The minimum setback from the front property line shall be five feet.

3.    Wall Signs.

a.    Use. One sign is permitted for each facade.

b.    Size. Each facade of each business shall be allowed the larger of:

(1)    Thirty-two square feet; or

(2)    Up to fifteen percent of the area of the facade upon which the sign or signs are to be located, up to a maximum of sixty square feet;

(3)    Awning signs shall be considered to be wall signs for the purpose of determining allowable sign area. Awning signs made of canvas, vinyl, or other similar materials shall not be backlit.

c.    Design. Wall signs shall be designed and located appropriate to the building’s architecture. For example, wall signs must not cover windows, building trim or ornamentation.

d.    Height. Wall signs may not extend above the building parapet, soffit, the eave line or the roof of the building, or the window sill of the second story.

e.    Mounting. Wall signs should be mounted plumb with the building, with a maximum protrusion of one foot unless the sign incorporates sculptural elements or architectural devices. The sign frame shall be concealed or integrated into the building’s architectural character in terms of form, color, and materials.

4.    Projecting Signs.

a.    Use. Projecting signs may be used in place of a wall sign for each facade. Exception: On Hewitt Avenue, a projecting sign may be used in addition to a wall sign.

b.    Clearance. Projecting sign shall clear sidewalk by eight feet.

c.    Projection. It shall project not more than six feet from a building facade.

d.    Size. It shall not be larger than twenty-four square feet in area. Exception: There shall be no size limitations for designated retail streets unless otherwise noted herein.

e.    Support. It shall be supported only with ornamental structural supports. Guy wires and angle iron are prohibited.

f.    Height. Shall not extend above the building parapet, soffit, the eave line or the roof of the building. Exception: Vertically oriented neon signs may project up to twenty-five percent above the roofline on Hewitt Avenue.

Examples of Acceptable Projecting Signs

5.    Special Sign District: Hewitt Avenue. The following signage/standards shall apply to Hewitt Avenue, east of Grand Avenue:

a.    Projecting signs that revolve or rotate and/or employ moving or flashing lights are permitted, provided they conform to other applicable standards and do not create excessive glare as determined by the city.

b.    Signs should be highly graphic in form, expressive, and individualized.

c.    Signs should convey the product or service offered by businesses in bold graphic form.

d.    For one-in-a-kind graphic elements, the size limit may be increased up to twenty percent, so long as the sign is oriented towards the pedestrian.

Example: Signs should be highly graphic in form, expressive, and individualized.

6.    Upper Story Wall Signage.

a.    Use. Two upper story signs (not more than one per right-of-way facade) may be permitted for hotels and nonresidential businesses occupying a majority of the net floor area in a single building within the CBD. Such signs are in addition to other signs allowed under this section.

b.    Size. Each upper story wall sign shall not exceed one hundred ninety square feet.

c.    Content. Upper story wall signs shall be limited to logo and/or name only.

d.    Placement. Upper story wall signs shall be located sixty feet or more above the elevation of the sidewalk or alley, but may not extend above the building parapet, soffit, the eave line or the roof of the building. Signs shall be mounted so as to not obstruct any window, building trim, ornamentation or other significant architectural detail.

e.    Lighting. Upper story wall signs shall be limited to internally illuminated channel lettering and/or logos, and/or halo lighting effects. Neon may be used to accent signs with channel lettering and/or halo lighting effects. Electronic message center signs and cabinet signs are prohibited.

f.    Proximity to Residential Zones. An upper story wall sign proposed to be located within four hundred feet or less of a lot located within a residential zone, as listed in Section 1.050.B, shall be subject to Review Process II; provided, however, that written notice shall be mailed to owners of property located within five hundred feet of the lot upon which the sign is proposed to be located.

G.    Off-Street Parking.

1.    Residential Uses. The required off-street parking spaces listed in Table 22-2 indicate the parking requirement for residential uses in new buildings or additions to an existing building in the B-3 zone. As an alternative to the off-street parking standards contained in Table 22-2 for the B-3 zone, an applicant may propose an alternative parking standard which shall be reviewed by the planning director in accordance with Section 19.34.030.

2.    Exceptions.

a.    Existing buildings which were built prior to zoning regulations or under a prior zoning code shall be permitted to be occupied without providing the additional off-street parking required by Table 22-2 for the B-3 zone.

b.    When an expansion of an existing building is proposed which adds the lesser of ten percent of the gross floor area that existed as of January 13, 1990, or one thousand square feet, no additional off-street parking shall be required for the new portion of the building.

Table 22-2: Residential Uses 

Use

Parking Requirement

Adult family home

3 per dwelling

Assisted living facility

1 per each 4 residents

Bed and breakfast house

2 for operator plus 1 per guest room

Congregate care facility

0.8 per dwelling

Convalescent or nursing home

1 per each 4 patient beds

Dwelling, single-family attached

1 per dwelling

Dwelling, multiple-family

1 per dwelling

Group home, Class I-A, I-B

3 per dwelling

Group home, Class I-C

2 plus 1 per each staff person

Group home, Class II-A, II-B, II-C

See Section 34.030

3.    Nonresidential Uses. There shall be no minimum off-street parking requirement for nonresidential uses in the B-3 zone.

H.    Bicycle Facilities. Office buildings with more than ten thousand square feet gross floor area shall include secure bicycle parking facilities and shower and change room facilities for employees. Design of such facilities shall be subject to approval by the city to ensure adequate capacity for anticipated use, and for convenience of bicyclists.

I.    Pedestrian Skybridges. Skybridges or pedestrian walkways which are elevated above grade and cross a public street or alley right-of-way shall be prohibited in areas designated as retail streets or connector streets by Map 22-2, and may only be permitted on streets located outside the areas designated by Map 22-2 when approved by the planning director, using Review Process II after consultation with and approval by the city engineer.

J.    The graphic illustrations and photographs contained in this section are illustrative examples intended to depict design elements that can be used to satisfy certain of the standards contained in this section, and are not to be considered as development standards. The planning director is authorized to promulgate additional examples of design elements that can be used to meet the requirements of the B-3 zone. (Ord. 3455 § 4, 2015; Ord. 3409-14 § 2, 2014; Ord. 3194-10 § 2, 2010; Ord. 3167-09 § 2, 2009; Ord. 2923-06 §§ 5, 6, 2006: Ord. 2397-99 § 41, 1999: Ord. 2107-95 §§ 18—23, 1995; Ord. 1849-92 § 12, 1992; Ord. 1729-90 § 13, 1990; Ord. 1671-89 (part), 1989.)

19.22.030 Use of basement or other building spaces.

A.    Purpose. The purpose of this section is to allow basements or other spaces in existing buildings in the B-3 zone to be considered for uses that are not otherwise permitted, but which, if properly designed and managed, would not create unacceptable impacts on surrounding properties or the downtown area in general. Other spaces, in addition to basements in existing buildings that, due to their location or configuration are not readily usable for permitted uses, as determined by the planning director, may be considered using the process described herein. This process differs from the unlisted use process listed in Section 19.02.080 in that uses that are not specifically authorized in the B-3 zone may be considered using the process described herein.

B.    Review Process. Any request to allow a use that is not otherwise permitted in the B-3 zone shall be reviewed using Review Process II.

C.    Review Criteria. The following criteria shall be used as the basis for approving, denying, or conditionally approving a request to allow the use of a basement space, or other space as provided herein, for a use not otherwise permitted in the B-3 zone. Any proposal that gives the outward appearance of a use or activity that is incompatible with the intent and purpose of the B-3 zone shall be denied:

1.    Traffic generated by the proposed use.

2.    Noise generated by the proposed use.

3.    Impacts from odor, vibration, dust or other nuisances.

4.    Aesthetic character and quality of the proposed use.

5.    Public safety impacts.

6.    Compliance with building and fire codes.

7.    Hours of the day of proposed use or activity.

8.    Proposed management and operational procedures to minimize and mitigate potential impacts.

9.    Other factors not specified herein that would create a conflict with the uses that are permitted in the B-3 zone.

D.    Any proposal that gives the outward appearance of a use or activity that is incompatible with the intent and purpose of the B-3 zone shall be denied. The city shall retain the right to revoke a permit issued under this section that fails to comply with any conditions of approval of said permit, or which operates in a manner inconsistent with representations made in the application, pursuant to Chapter 1.20. (Ord. 3183-10 § 1, 2010.)

19.22.040 Map number 22-1—Maximum building height in B-3 zone.

Repealed by Ord. 2923-06. (Ord. 2832-05 § 2, 2005: Ord. 2107-95 § 12, 1995; Ord. 1671-89 (part), 1989.)

19.22.050 Map number 28-2—No curbcuts except at alley right-of-way.

Repealed by Ord. 2107-95. (Ord. 1671-89 (part), 1989.)

19.22.060 Map number 28-3—East-west view corridors.

Repealed by Ord. 2107-95. (Ord. 1671-89 (part), 1989.)

19.22.070 Map number 22-2—Pedestrian-oriented street frontage.

Repealed by Ord. 2923-06. (Ord. 2107-95 § 15, 1995; Ord. 1671-89 (part), 1989.)

19.22.080 Map number 28-5—Retail office core.

Repealed by Ord. 2107-95. (Ord. 1671-89 (part), 1989.)

19.22.090 Map number 28-6—Certain specified uses not permitted on ground floor at street frontage.

Repealed by Ord. 2107-95. (Ord. 1671-89 (part), 1989.)