Chapter 19.04
COMMERCIAL

Sections:

19.04.010    Planned business zone – PBZ.

19.04.020    Commercial offices.

19.04.030    Repealed.

19.04.040    Parking requirements.

19.04.050    Business – B.

19.04.010 Planned business zone – PBZ.

A. The purpose of the planned business zone (PBZ) is to provide a location for a mix of small scale, neighborhood oriented business, office, service, public and residential uses in high quality, coordinated developments which are compatible with adjacent residential areas. Development in the PBZ will be subject to requirements and design standards as further set forth herein.

Provided, that transit service is available, a sheltered transit stop and associated parking (transit center) shall be a public benefit feature encouraged in the PBZ. Appropriate incentives for the inclusion of a transit center in the PBZ shall be established by the design commission in conjunction with review and approval of a PBZ site plan and major new construction.

B. Uses Permitted.

1. Government services, utilities, and museums and art exhibitions.

2. Day care.

3. Healthcare services.

4. Personal services.

5. Professional, scientific, and technical services.

6. Office uses.

7. Service stations; provided, open spaces in this zone may not be used for storage, display, or sale of used vehicles or equipment.

8. Repair services.

9. Theaters.

10. Restaurants, cafeterias, catering.

11. Retail stores.

12. Financial and insurance services.

13. Commercial recreational areas; provided, teen dances and teen dance halls as defined herein are not permitted uses.

14. Single-family dwellings limited to single-family detached, single-family semi-detached, townhouses, and patio homes.

15. Commercial public storage facilities, including screened outdoor storage and indoor storage and accessory caretaker office/residence; provided, such use shall not abut 84th Avenue SE or SE 68th Street.

16. Special needs group housing as provided in MICC 19.06.080.

17. Social service transitional housing, as provided by MICC 19.06.080.

18. Wireless communications facilities subject to the conditions set out in MICC 19.06.040.

C. Location Criteria and Size of Zone.

1. Location of Planned Business Zone. A PBZ may be established and shown on the map portion of this code only if authorized by the comprehensive plan, and only within the general area of authority shown on the map portion of the comprehensive plan. The zone shall abut upon at least one major arterial street.

2. Size of PBZ. A PBZ district shall be at least five acres in area; provided, this does not restrict the size of individual lots in the PBZ.

D. Development Standards – General.

1. Buffer Requirements. All structures and off-street parking shall be set back from the perimeter property line of the PBZ as follows:

a. Adjacent and parallel to 84th Ave. SE: 75 feet.

b. Adjacent and parallel to SE 68th St. for 200 feet east of the intersection of SE 68th Street and 84th Avenue SE: 35 feet.

c. Beginning from a point 75 feet east of the southwest corner of the zone east to a point 345 feet from the southwest corner:

75 feet for nonresidential uses.

25 feet for residential uses.

d. The remainder of the zone: 25 feet.

Zero feet where the boundary is adjacent to the fire station and utilities substation.

e. The buffers may be modified to allow expansion or modification of the service station use at the corner of 84th Avenue SE and SE 68th Street through the PBZ site plan review process. This review shall provide conditions that assure compatibility with adjacent uses including, but not limited to, landscaping which screens objectionable views, light, glare and noise, as required by the design commission.

2. Landscaping Requirements. Required yards shall be landscaped, the landscaping to include incorporation of existing landscaping along with new shrubs and trees making the planned business zone compatible with surrounding uses and controlling objectionable views, glares or noise as further specified in the design standards. The installation and maintenance of such landscaping may be secured by a bond to the city in a reasonable amount if required by the Design Commission.

3. Minimum Open Space Requirements. Subject to review by the design commission, a minimum of 15 percent of the PBZ shall be maintained in open space, including buffers and setbacks.

4. Sign Requirements. Signs shall conform to the applicable subsections of MICC 19.12.080, Signs.

5. Outdoor Storage and Merchandise Display. Outdoor storage and/or display of merchandise is allowed as an accessory use to a permitted use in this zone, other than public storage facilities, housing for persons with handicaps, and single-family dwellings; provided, the storage or display area meets the following conditions:

a. The total area allowed for outdoor storage and/or merchandise display shall be no more than five percent of the total gross square footage of the subject use; provided, such area may exceed five percent if it is fenced or screened in a manner acceptable to the design commission;

b. Stored and/or displayed materials shall not obstruct fire lanes;

c. The stored and/or displayed materials shall be attractively and safely displayed, and remain within the area specified for such display;

d. Bulk (uncontained) materials shall be stored less than 24 hours;

e. Items stored on a site during construction and temporary uses approved by the code official (e.g. Christmas trees sale lots) shall be exempt from the requirements of this subsection.

6. Division of Land. The approval of a PBZ site plan as set forth in subsection H of this section showing the proposed parcel development and specific building locations is intended to satisfy the criteria for a variance in MICC 19.08.020(B) and division of parcels greater than four acres into four or fewer lots is permissible through a short subdivision.

7. Modification of Development Standards. It is the intention of this PBZ to encourage superior development proposals and toward that end, deviation from the development standards set forth in this section may be authorized when the design commission or the code official (whichever is appropriate to review the deviation) finds that, compared to such development standards, the deviation would advance the achievement of the stated purposes of the PBZ district and the spirit and intent of the design standards.

8. Relationship to Other Code Provisions. To the extent that other development standards are in conflict with those herein, the PBZ standards shall control.

E. Development Standards – Nonresidential.

1. Building Height Limit. No nonresidential structure shall exceed 36 feet in height.

2. Minimum Parcel Area Requirements. There shall be no minimum parcel size for nonresidential uses.

3. Parking Requirements. All nonresidential uses permitted in this zone shall comply with the parking requirements set out in MICC 19.04.040.

F. Development Standards – Residential.

1. Criteria for Residential Units. The intent for residential development in the PBZ is for a variety of housing units smaller in size than the surrounding neighborhood, developed in a planned and coordinated manner. Except as otherwise provided in this section, no residential units shall be located under or over another unit or within a commercial structure.

2. Building Height Limit. No residential building shall exceed 30 feet in height. Antennas, lightning rods, plumbing stacks, flagpoles, electrical service leads, chimneys and fireplaces and other similar appurtenances may extend to a maximum of five feet above the height allowed for the main structure.

3. Parcel Area Requirements. For all residential parcels, the average parcel size shall be 7,200 square feet, including access driveways and other amenities included in residential parcels. Dedicated open space may be counted toward the average parcel size.

4. Gross Floor Area and Lot Coverage. For all residential parcels, the gross floor area ratio shall not exceed 45 percent of the lot area and the lot coverage shall not exceed 35 percent of the lot area; provided, no residential buildings shall exceed 2,800 square feet, including garage. Exceptions to the lot coverage shall be allowed as established in MICC 19.15.020.

5. Yard Requirements.

a. For residential parcels fronting on 68th Street SE, each building site shall have front, side and rear yards not less than the following:

i. Front yard depth: 20 feet;

ii. Rear yard depth: 25 feet;

iii. Side yard depth: The sum of the side yards shall not be less than 15 feet; provided, no side yard abutting an interior lot shall be less than five feet and no side yard abutting a street shall be less than 10 feet.

b. For all other residential parcels, there shall be no minimum standards for yards, except for the perimeter buffer requirements as established in subsection (D)(1) of this section.

c. Where the perimeter buffer and the parcel setback overlap, the setback will be determined by either the buffer or the setback requirements, whichever one is greater.

6. Maximum Number of Residential Units.

a. The maximum number of residential units allowed in the PBZ shall be 30.

b. The maximum number of attached units in any single building shall be four.

G. Design Requirements.

1. Design Review for Major New Construction.

a. Site Plan Design Review. All proposals for major new construction in the PBZ shall conform to a site plan (PBZ site plan) filed with the development services group and approved by the design commission in accordance with the PBZ development standards set forth in subsections D, E, and F of this section and the design standards. In approving the PBZ site plan, the design commission shall utilize the procedures specified in MICC 19.15.040.

b. Development Proposal Design Review. In addition to the PBZ site plan approval, specific development proposals for major new construction shall be reviewed by the design commission for compliance with the PBZ site plan, the PBZ development standards set forth in subsections D, E, and F of this section, and the design standards.

In approving a development proposal for major new construction, the design commission shall utilize the procedures specified in MICC 19.15.040. At the option of the applicant, the PBZ site plan approval may proceed in advance of or concurrently with the review of specific development proposals.

2. Design Review for Minor Modifications. The development services group shall review minor exterior modifications to buildings or structures in the PBZ and minor modifications to the PBZ site plan for compliance with the development standards and the design standards. If the development services group determines that the modification is of great significance it may refer the modification to the design commission.

3. Design Review Process. Review and approval of site plan review and major new construction shall conform to the public notice and hearing requirements as established in MICC 19.15.020.

H. Division of Land through Binding Site Plan.

1. Application. Property that contains the following types of development in the PBZ may be divided through a binding site plan process as set out in RCW 58.17.035:

a. A division of lots or parcels when the use is a permitted light industrial or commercial use in the PBZ; and/or

b. A division of land made by subjecting a portion of a parcel of land to Chapter 64.34 RCW (Condominium Act) for the purpose of creating condominiums parcels.

2. Binding Site Plan Requirements.

a. If major new construction is proposed concurrent with the binding site plan, approval of a PBZ site plan is required. If no new construction is proposed, a binding site plan may be approved solely by the planning commission. Where a PBZ site plan has been approved by the design commission, the planning commission shall use such approved PBZ site plan as the basis for the approval of the binding site plan.

b. Submittal of an application for a binding site plan shall be in compliance with application requirements established by the development services group. Binding site plans shall be drawn to a scale of one inch equals 20 feet and shall include the design of any lots or building envelopes and the areas designated for landscaping and parking. The application shall contain all conditions, covenants, easements and restrictions for use of the land. Setbacks shall not be applied to internal lot lines; provided, residential yard requirements shall be maintained in accordance with subsection (F)(5) of this section.

c. The binding site plan is subject to review and approval by the planning commission and subject to the public notice and hearing processes as established in MICC 19.15.020.

d. A copy of an approved binding site plan shall be filed for record with the county auditor. Prior to recording, the applicant shall submit the original binding site plan mylar to the development services group for signatures. One reproducible copy shall be furnished to the development services group after recording.

e. Approved binding site plans shall be binding and all provisions, conditions, and requirements of the binding site plan shall be legally enforceable on the purchaser or any person acquiring a lease or ownership interest of any lot or parcel created pursuant to the binding site plan. A sale, transfer, or lease of any lot or parcel created pursuant to the binding site plan that does not conform to the requirements of the binding site plan approval shall be considered a violation of this code and shall be restrained by injunctive action and shall be illegal as provided in Chapter 58.17 RCW, Plats, Subdivisions Dedications.

f. Amendments to or vacations of an approved binding site plan shall be made through the process outlined in this section for the original binding site plan. (Ord. 04C-08 § 8; Ord. 03C-08 § 5; Ord. 01C-06 § 1; Ord. 99C-13 § 1).

19.04.020 Commercial offices.

A. Uses Permitted.

1. Government services.

2. Professional, scientific, and technical services.

3. Office uses.

4. Places of worship.

5. Civic and social organizations.

6. Mortuary services.

7. Healthcare services.

8. Care services.

9. Auxiliary uses directly related to the principal use, such as residences of watchmen or employees in training, special employee dormitories, employee cafeterias, auditoriums, service stations in connection with authorized motor pool facilities and similar uses.

10. Wireless communications facilities subject to the conditions set out in MICC 19.06.040.

11. Special needs group housing as provided in MICC 19.06.080.

12. Social service transitional housing as provided in MICC 19.06.080.

13. Public and private schools accredited or approved by the state for compulsory school attendance, subject to design commission review and the following conditions:

a. A one-fourth acre or larger playfield, play surface or open space shall be provided in one usable unit abutting or adjacent to the site.

B. Required Conditions.

1. Uses shall be limited to those that do not produce offensive noise, vibration, smoke, dust, odor, heat or glare.

2. Necessary public rights-of-way shall be dedicated to the public either as a portion of a plat or upon acceptance of street dedication by the city council and each lot shall front on or have access to such public rights-of-way.

3. A strip of land adjacent to all external boundaries of the site, including any frontage on public rights-of-way, shall be devoted exclusively to the planting, cultivation, growing and maintenance of sight-obscuring trees, shrubs and plant life.

If required by the design commission, the maintenance of such protective strips and landscaping shall be guaranteed through a bond or assignment of funds as set out in MICC 19.01.060(C). In lieu of such protective strips, under appropriate circumstances, there may be substituted a use classification of the outer margin of this zone consistent with the use classification of the surrounding area.

4. Not more than 60 percent of a lot may be covered by buildings, structures, and other impervious surfaces, including outdoor storage areas, provided the exemptions for decks, pavers, patios and walkways detailed in MICC 19.02.020(D)(2) shall apply. The building footprint shall occupy no more than 35 percent of the gross lot area.

5. Outdoor storage facilities, including storage areas for official vehicles, shall be obscured by an approved architectural screen specified on the plot plan and approved by the design commission.

6. A plot, landscape, and building plan showing compliance with these conditions shall be filed with the design commission for its approval, and the construction and maintenance of building and structures and the establishment and continuation of uses shall comply with the approved plot landscape, and building plan.

7. On-site hazardous waste treatment and storage facilities as defined in MICC 19.16.010 are allowed as accessory uses to a permitted use in this zone. These facilities shall comply with the state siting criteria as set forth in Chapter 173-303 WAC.

C. Building Height Limit.

1. Structures shall not exceed 36 feet in height.

2. Outdoor storage facilities shall not exceed 20 feet in height.

3. Rooftop building appurtenances, including but not limited to mechanical equipment, chimneys, and roof access structures, may extend up to 10 feet above the maximum building height allowed. Rooftop appurtenances shall be located at least 10 feet from the exterior edge of any building and shall not cover more than 10 percent of the rooftop area.

D. Lot Area Requirements. There are no requirements for minimum or maximum lot areas in this zone except that lots shall conform to plot and building plans approved by the design commission and kept on file with the development services group.

E. Yard Requirements. The minimum setback from all rights-of-way shall be 50 feet. The minimum rear yard setback shall be 50 feet. The sum of the side yards shall be at least 75 feet, with no side yard less than 25 feet; provided, however, that a minimum 50-foot setback shall be required from the property line of any adjacent property that is zoned residential or multifamily and developed for such use and no parking or driveways shall be allowed within this setback. The setbacks shall be clearly set out in the site and building plans and upon the building permit application.

F. Parking Requirements. All uses permitted in this zone shall comply with the parking requirements set out in MICC 19.04.040. (Ord. 04C-10 § 1; Ord. 03C-10 § 5; Ord. 03C-08 § 6; Ord. 02C-07 § 1; Ord. 99C-13 § 1).

19.04.030 Town Center district – TC.

Repealed by Ord. 02C-04. (Ord. 99C-13 § 1).

19.04.040 Parking requirements.

A. The following parking requirements apply to all uses in the C-O and B zones and to all nonresidential uses in the PBZ zone.

B. General Requirements.

1. Surfacing and Grading. All off-street parking areas shall be graded and surfaced to a standard comparable to the street which serves the parking area. The parking area shall be developed and completed to the required standards before an occupancy permit for the building to be served is issued.

2. Traffic Control Devices. All traffic control devices such as parking strips designating car stalls, directional arrows or signs, bull rails, curbs and other structures shall be installed and completed as shown on the approved plans. Hard surfaced parking area shall use paint or similar devices to delineate parking stalls and directional arrows.

3. Design. Parking lot design should conform to the diagrams set out in Appendix A of this development code, unless alternative design standards are approved by the design commission and city engineer.

4. Location. Off-street parking shall be located on the same lot or on an adjoining lot or lots to the building to be served; except, that off-street parking may be located in an area beginning within 500 feet of the front entrance of the building to be served; provided, there are no intersecting streets between the parking area and building to be served.

5. Ingress and Egress. The city engineer shall have the authority to fix the location and width of vehicular ingress or egress to and from property, and to alter existing ingress and egress as may be required to control street traffic in the interest of public safety and general welfare.

6. Handicapped Standards. Off-street parking shall meet the relevant state design standards for the physically disabled.

7. Compact Vehicles. Up to 50 percent of the required off-street parking spaces may be designed for accommodating compact vehicles. Such parking spaces must be clearly designated as compact stalls. The design commission may increase the percentage of compact stalls permitted if the applicant can demonstrate that no adverse impacts will occur.

8. Loading Space. An off-street loading space, having access to a public street, shall be required adjacent to each building, hereafter erected or enlarged. Such loading space shall be of adequate size to accommodate the maximum number and size of vehicles simultaneously loaded or unloaded, in connection with the business or businesses conducted in such building. No part of the truck or van using the loading space may project into the public right-of-way.

9. Variances. Notwithstanding any of the minimum parking requirements set out in subsection C of this section, the code official may grant variances from the minimum parking requirements with the approval of the city engineer and the design commission for projects reviewable by the design commission.

C. Minimum Parking Requirements for Specific Uses. A use which is similar to any of the below-referenced uses shall adhere to the minimum parking requirements for the referenced use or uses. The design commission shall determine the minimum parking requirements for a use in a commercial zone that is not referenced in this section.

1. Bars and restaurants shall provide one parking space for every 100 square feet of gross floor area of the building, exclusive of kitchen and storage areas.

2. Civic and social organizations, public facilities, and theaters with fixed seats shall provide one parking space for each four seats. Facilities without fixed seats shall provide one parking space for every 75 square feet of gross floor area of the building.

3. Day care facilities shall provide two parking spaces, plus one parking space for each employee and shall provide adequate off-street loading and unloading facilities taking into consideration the expected number of children or adults being cared for, the location of the facility, and the traffic on adjacent streets.

4. Financial and insurance services, healthcare services, office uses and professional, scientific, and technical services shall provide one parking space for every 300 square feet of gross floor area of the building.

5. Government services and museums and art exhibitions shall provide one parking space for every 200 square feet of gross floor area.

6. Hotels and motels shall provide one parking space per each sleeping unit, plus one space for each full-time employee on duty on any given shift.

7. Manufacturing shall provide one parking space for every three employees with a minimum of six spaces.

8. Mortuary services shall provide one parking space for every three employees, and if funerals are held on the premises, one parking space for every four seats in the chapel.

9. Nursing homes and residential care facilities shall provide one parking space for every four beds.

10. Personal services and repair services shall provide one parking space for every 400 square feet of gross floor area of the building exclusive of storage areas, with a minimum of two spaces.

11. Places of worship shall provide one parking space for every five seats in the chapel, nave, sanctuary, or similar worship area.

12. Recreational areas shall provide one parking space for every 100 square feet of gross floor area of the building.

13. Retail use shall provide one parking space for every 400 square feet of gross floor area of the building, exclusive of storage areas, with a minimum of two spaces; provided, food stores and markets shall provide one parking space per 200 square feet of gross floor area, exclusive of storage areas.

14. Retirement homes shall provide one off-street parking space for every two dwelling units, plus one parking space for every full-time employee during any one shift.

15. Service stations with convenience stores shall provide one parking space for every 400 square feet of gross floor area of the building, exclusive of storage areas, with a minimum of two spaces. Service stations without convenience stores shall provide one space for each full-time employee on duty on any given shift plus two parking spaces for each repair stall.

16. Public and private schools shall provide at a minimum two off-street parking spaces per classroom unless additional parking spaces are deemed necessary through design commission or administrative SEPA review and shall provide adequate off-street loading and unloading facilities as determined by the city engineer.

D. Mixed Use Parking. In the case of mixed uses, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use, except as hereinafter specified for cooperative use.

E. Cooperative Parking. Cooperative parking between two or more adjoining property owners is allowed; provided, the code official, with approval from the design commission and city engineer, may reduce the total required spaces by 25 percent of the total combined required spaces when the applicant has demonstrated that no adverse impact will occur due to the reduced number of stalls.

F. Parking Lot Dimension. All parking areas shall conform to the design standards set out in Appendix A of this development code unless alternative design standards are approved by the design commission and city engineer. (Ord. 04C-10 § 1; Ord. 02C-07 § 1; Ord. 99C-13 § 1).

19.04.050 Business – B.

A. Required Conditions. All uses permitted in this zone shall be subject to the following conditions:

1. All goods produced on the premises shall be sold at retail on the premises, except as provided herein.

2. Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matter, or water carried waste.

3. No service station or other establishment where motor fuel or lubricating oils are stored or motor services are rendered, may be located within 300 feet of any property upon which a place of worship, school, hospital, institution, theater, or public assembly seating over 50 persons, is located, and said distances shall be measured on a straight line or air line from the outer boundary or property line in the one instance to the nearest property or boundary line.

4. Outdoor Storage and Merchandise Display Requirements.

a. The total area allowed for outdoor storage and/or merchandise display shall be less than five percent of the total gross square footage of the subject store; provided, however, that such area may exceed five percent if it is fenced or screened in a manner acceptable to the design commission;

b. Stored and/or displayed materials shall not obstruct fire lanes;

c. The stored and/or displayed materials shall be attractively and safely displayed, and remain on the area specified for such display;

d. Bulk (uncontained) materials shall be stored less than 24 hours;

e. Items stored on a site during construction and temporary uses approved by the code official (e.g., Christmas tree sales lots) shall be exempt from the requirements for this section.

5. On-site hazardous waste treatment and storage facilities as defined in MICC 19.16.010 are permitted as an accessory use to a permitted use in this zone. These facilities must comply with the state siting criteria as adopted in accordance with Chapter 70.105 RCW.

B. Uses Permitted.

1. Government services, utilities, and museums and art exhibitions.

2. Day care.

3. Healthcare services.

4. Personal services.

5. Professional, scientific, and technical services; provided, animal hospitals and clinics shall be structurally enclosed.

6. Office uses.

7. Service stations.

8. Repair services.

9. Theaters.

10. Restaurants, cafeterias, catering.

11. Retail stores.

12. Financial and insurance services.

13. Commercial recreational areas; provided, teen dances and teen dance halls as defined herein are not permitted uses.

14. Special needs group housing, as provided in MICC 19.06.080.

15. Social service transitional housing, as provided in MICC 19.06.080.

16. Wireless communications facilities subject to the conditions set out in MICC 19.06.040.

17. Accessory uses customarily incidental to a principal use permitted outright in this section.

18. Hotels/motels and multiple-family dwellings.

19. Decorating shops.

20. Employment agencies.

21. Printing establishments and newspaper printing presses.

22. Public garages and auto repair shops.

23. Sales rooms or storerooms for motor vehicles and other articles of merchandise.

24. Telephone exchanges or telegraph offices.

25. Preschools, nursery schools and day care centers, subject to the following conditions:

a. Such facilities shall meet all applicable safety and licensing laws and requirements.

b. All outdoor play areas shall be adequately fenced.

26. Adult entertainment, subject to the following conditions:

a. The point of public entry into the structure housing the business shall be at least 800 feet from the property line of any R or MF zoned property; from the boundary of the area designated as “proposed landscaping” on Figure 6 of the final EIS (Volume I) for I-90; or from the property line of any property containing one or more of the following uses: single- or multiple-family dwelling, retirement home, preschool, nursery school or day care center, publicly owned park or open space, recreational area (commercial, noncommercial or private), public or private primary or secondary school, religious institution, governmental building, or an establishment which caters primarily to minors.

b. No adult business shall be located closer than 400 feet to another adult business. Such distance shall be measured by following a straight line from the nearest point of public entry into the proposed adult business to the nearest point of entry into another adult business.

c. Point of public entry into adult businesses shall not be located along 78th Avenue SE or along primary pedestrian corridors.

d. Window or exterior displays of goods or services which depict, simulate, or are intended for use in connection with specified sexual activities as defined by this title are prohibited.

C. Structure Setback Requirements. All structures shall have a minimum setback from any public right-of-way of 10 feet; except, service station pump islands which shall have a setback from the street line of at least 15 feet to provide for safe access or egress to or from such street.

D. Building Height Limit. Maximum allowable building height shall be three stories or 36 feet, whichever is less. (Ord. 03C-08 § 7; Ord. 99C-13 § 1).