Chapter 15.35
COMMERCIAL ZONE
Sections:
15.35.035 Administrative conditional use permits.
15.35.040 Dimensional standards.
15.35.050 Recreational vehicle parks.
15.35.010 Purpose.
The purpose of the Commercial Zoning District is to allow for a variety of commercial activities and facilities necessary to serve the needs of the residents and visitors. [Ord. 671 § 3.5.A, 1995.]
15.35.020 Permitted uses.
The following uses and structures are permitted in the Commercial Zone by certificate of authorization:
(1) Child care facilities, such as nurseries, day care centers and private schools;
(2) Commercial or trade schools, such as art, dance, music, martial arts;
(3) Community centers and fraternal lodges;
(4) Entertainment facilities, such as theaters, auditoriums, bowling alleys, arcades, billiards/pool parlors, indoor recreation centers, gymnasiums/spas/health clubs;
(5) Farmer’s markets;
(6) Financial institutions;
(7) Food service establishments, such as restaurants including drive-up facilities, delicatessens, and ice cream shops;
(8) Gas sales and service stations;
(9) Hospitals;
(10) Lodging establishments, such as hotels, motels, inns;
(11) Marine facilities, such as marinas, boat launches, dry boat storage, boat repair and gas docks where directly water-related;
(12) Medical offices and clinics, such as doctors, dentists, chiropractors, laboratories;
(13) Outdoor recreational, such as ballfields, playgrounds, picnic areas, outdoor swimming pools, and water-oriented uses;
(14) Plant nurseries;
(15) Professional offices, such as law, realty, architecture, engineering, therapists, counselors, consulting;
(16) Public use facilities, such as parks, floats, parking lots, libraries, government offices and buildings;
(17) Recreational vehicle parks;
(18) Rest homes and adult family homes;
(19) Retail sales establishments with outdoor sales and lots, such as vehicle sales, rental, service, and repair, lumber yards, farm and garden supply, and yacht sales;
(20) Retail sales of nonperishable goods, such as clothing stores, shoe stores, bookstores, gift shops, pharmacies, hardware stores, and antique shops;
(21) Retail sales of perishable goods, such as grocery stores, specialty food stores, feed and seed stores;
(22) Service businesses, such as blueprint, printing, catering, tailoring, travel agencies, upholstery shops, woodworking shops, laundries/dry cleaners, light mechanical repair stores (camera, TV, bicycle);
(23) Taverns, bars, lounges, night clubs and dance halls;
(24) Liveaboards;
(25) Live-work buildings. [Ord. 1211 § 2(A), 2022; Ord. 1191 § 2 (Exh. A), 2020; Ord. 671 § 3.5.B, 1995.]
15.35.030 Conditional uses.
The following uses and structures are permitted in the Commercial Zone by conditional use permit:
(1) Transitional housing and housing for people with functional disabilities;
(2) Dwelling units, attached or unattached, are not to exceed 49 percent of the square footage of the building(s), for all uses, of the properties of a development on the ground floor. Dwelling units located above the ground floor are not limited in square footage except that the maximum floor area for all development (commercial and residential) must not be more than two times the property area. Residential uses in the commercial zone to the extent practical must have their access located to the rear or side of the structure where they are located. Residential uses in the Commercial Zone shall not exceed a density of 18 dwelling units per acre of land.
(3) Light industrial uses, artistic endeavors, and those commercial uses which would create noise, light, odors, traffic congestion or dust not normally associated with commercial operations; provided, that:
(a) The building design is similar to those structures housing commercial uses in the district, and the operational characteristics are compatible with surrounding uses;
(b) There shall be no unusual fire, explosion, or safety hazards;
(c) There shall be no production of noise at any property line of any use in the Commercial District in excess of the average intensity of street and traffic noise found in the district;
(d) Pollution and safety standards set by regional, state or federal agencies, boards, or commissions shall be satisfied. Failure to comply with such regulations shall void the conditional use;
(4) Veterinary clinics, animal hospitals and animal grooming parlors provided the facility has no outside kennels;
(5) Antenna plus antenna mounts of more than 20 feet in height, four feet in width and of bulk area more than 16 feet;
(6) Parks, playgrounds and recreation uses such as athletic fields, tennis courts, pools and restrooms as accessory uses; provided, that subject property is under lease or otherwise under the control of the town of La Conner. Conditional use permits will be revoked when not under the control of the town;
(7) Heavy equipment sales;
(8) Guesthouse/Guest Rental – Residential Dwelling Units Rented as Guesthouse. The guesthouse residential unit must also comply with all the provisions of this code that pertain to residential conditional uses in the Commercial Zone;
(9) Churches; provided, that all structures are set back at least 25 feet on all sides from abutting property lines and abutting residential zones; and provided, that church use is not allowed in the Commercial Zone portion of the Historic District listed on the National Historic Register, which includes Commercial Street, South First Street, Washington Avenue and the western side of South Second Street; and provided, that all parking requirements must be met. The church use does not qualify for “in-lieu-of” fee. [Ord. 1222 § 2, 2023; Ord. 1191 § 2 (Exh. A), 2020; Ord. 994 § 1, 2007; Ord. 979 § 4, 2006; Ord. 932 § 2, 2004; Ord. 671 § 3.5.C, 1995.]
15.35.035 Administrative conditional use permits.
The following uses and structures are permitted in the Commercial Zone with an administrative conditional use permit (Type II).
(1) A structure originally constructed as a single-family residence within the Commercial Zone may revert to 100 percent single-family residential use. [Ord. 1032 § 1, 2009.]
15.35.040 Dimensional standards.
(1) Minimum lot size – None.
(2) Maximum lot size within the Morris Street Commercial District is 10,000 square feet.
(3) Maximum lot coverage for buildings and impervious surfaces shall be 80 percent. Additional lot coverage requirements are found in Chapter 15.50 LCMC, Historic Preservation District.
(4) Minimum landscaping area – 20 percent of the lot area.
(5) Minimum Building Setback.
(a) The provisions of LCMC 15.50.120 notwithstanding, if the commercial use is adjacent to an RD Zone, the side yard setback shall be 10 feet and the rear yard setback shall be 25 feet.
(b) In the commercial HPD area, setbacks should conform to existing structures to preserve and enhance the storefront character of the street where possible. The historic planar relationship of the facade should be maintained.
(c) Access to the rear or secondary points of buildings along the front elevation should be avoided in the HPD. Such access or entry points, if constructed, should enhance the building and street to maintain the continuity of the street scene.
(6) Setbacks from agricultural land shall be a minimum of 25 feet from any property line bordering agricultural lands.
(7) Maximum floor area shall be no more than two times the property area.
(8) Maximum building height – 30 feet above the average lot grade determined by averaging the lowest and highest existing elevation points on the lot to the highest point on the roof; except, for structures built within the 100-year floodplain, the height shall be measured from one foot above the base flood elevation to the highest point on the building. Roof access must be approved by the fire chief.
(9) Awning/Canopies. Awnings and canopies shall be subject to the standard outlined in the latest adopted edition of the Uniform Building Codes and may require a building permit and inspection. Awnings/canopies shall have a minimum of eight feet clearance from the ground. [Ord. 1077 § 4, 2012; Ord. 986 § 8, 2007; Ord. 889 § 2, 2003; Ord. 755 § 2, 1999; Ord. 695 § 2, 1997; Ord. 671 § 3.5.D, 1995.]
15.35.050 Recreational vehicle parks.
(1) All recreational vehicle camping facilities shall comply with all applicable local, county, state and federal rules and regulations.
(2) Landscaping. The part of the campsite which is not intended to be occupied by the recreational vehicle or used for a parking space shall be landscaped.
(3) Parking Requirements. In addition to the recreational vehicle parking pad, a minimum of one vehicular parking space per campsite and each employee shall be provided on-site.
(4) Accessory Uses. The following uses and services may be provided at a scale intended to serve the tenants of the recreational vehicle camping facility:
(a) A caretaker/manager residence or office;
(b) Recreational areas and equipment;
(c) Clubhouses;
(d) Tourist information centers;
(e) Laundry, restroom and shower facilities;
(f) Storage and/or maintenance buildings.
(5) Access and Circulation. The location of access driveways shall be subject to approval by the planning and public works departments. Any driveway, or portion thereof, which does not provide for continuous circulation shall not exceed 600 feet, and shall be terminated with a turnaround having a diameter of at least 60 feet. The minimum driveway width for two-way traffic shall be 24 feet, or not less than 32 feet if parking is permitted on the margins of the road. The minimum driveway width for one-way traffic shall be 16 feet, or not less than 24 feet if parking is permitted on the margins of the road. Driveways shall be hard surfaced.
(6) Screening.
(a) The requirements of this chapter are intended to provide sound barriers and reduce the visual impacts and incompatible characteristics of:
(i) Abutting properties with different land use classifications;
(ii) Service areas and facilities, including loading and storage areas;
(iii) Any other use or area as required under this chapter or by the planning commission.
(b) Landscaping. Screen planting shall consist of evergreen trees, such as fir, cedar, pine, etc., planted a maximum of 15 feet on center; deciduous trees for seasonal color and texture; and medium-sized shrubs (three to five feet at maturity) and ground cover plants at a density to form an effective barrier to cover 85 percent of the ground surface within two years.
(c) Dimensional Requirements. The size of the planting area shall be as specified below, based on the type of screening used:
(i) Minimum Width. Screening area shall be 10 feet wide unless the use of a fence or wall is incorporated into the screening, as provided under (ii) and (iii) below.
(ii) Fence Alternatives. If a fence option is selected, the width of the screening area may be reduced to five feet. The fence shall be constructed of wood and sight-obscuring.
(iii) Wall Alternative. If a wall at least five feet high is to be used for screening, the screening area may be reduced to two feet. Climbing plants and vines shall be used to add texture and soften the appearance of the wall. Screen walls shall be constructed with masonry, block, or textured concrete, subject to design approval by the planner of planning commission.
(7) Maintenance. Storage of materials or equipment shall be within enclosed structures. Trash receptacles shall be provided in convenient locations for use by guests of the park, and in such number and of such capacity that there is no uncovered accumulation of trash at any time.
(8) No person shall occupy space within a recreational vehicle park for more than 30 days in a 60-day period. [Ord. 671 § 3.5.E, 1995.]