Chapter 18.20
N-C NEIGHBORHOOD
COMMERCIAL ZONE
Sections
18.20.010 Purpose of zone.
18.20.020 Permitted uses.
18.20.030 Limitations on uses.
18.20.035 Hazardous waste and hazardous substances.
18.20.040 Permissible floor area.
18.20.050 Height.
18.20.060 Required open spaces.
18.20.010 Purpose of zone.
The purpose of this zone and its application is to provide for the location of and grouping of uses which are considered compatible uses having common performance standards in that they represent on-premises retail enterprises and involve only incidental and limited fabrication or assembly of commodities, or comprise a type of enterprise dispensing commodities, or providing professional services, or providing personal services to the individual. These services are intended to provide local facilities to serve the everyday needs of the neighborhood area. To meet this need will require that the facilities permitted in this zone shall locate adjacent to residential areas on access streets directly serving such residential areas. By establishing limitations upon building height and floor space as set forth in this zone, it is the further objective to maintain a limited intensity of land use compatible with serving the neighborhood residential areas, rather than on a community-wide basis. A further purpose of this zone and its application is to permit the more efficient and economical design and installation of all physical public service facilities in terms of size and capacity to adequately and permanently meet needs resulting from a defined intensity of land use. Public utility installations, being governed by circumstances related to geographical area to be served, are also permitted in this zone. [Ord. 1237 § 3, 1999; Ord. 175 § 1(24.26.010), 1964.]
18.20.020 Permitted uses.
Any of the following types of uses which can meet the following standards are permitted and allowed by this zone, subject to the limitations set forth in this chapter:
(1) Any on-premises retail enterprise dispensing food or commodities (but not including automobiles, boats, trailers, and heavy-duty equipment) and which may involve only incidental and limited fabrication or assembly of commodities;
(2) Business offices and any type of use rendering professional services or personal services to the individual; provided:
(a) The service does not involve keeping the person receiving the service overnight on the premises;
(b) The service does not include selling alcoholic beverages for on-premises consumption unless accessory to restaurant;
(c) The service does not involve in whole or in part the providing of recreation, recreational facilities, or entertainment other than moorage for private pleasure craft;
(d) The professional service does not include kennels or small animal hospitals or clinics;
(3) Any public utility installation relating directly to local distribution of services including switching and transmission stations but not including warehouses, service yards, or the like unless otherwise permitted by this title;
(4) Public off-street parking facilities, whether publicly or privately owned and operated; provided, any area so used shall not be used for a vehicle, trailer, or boat sales area or for the accessory storage of such vehicles;
(5) Churches;
(6) Planned unit development as provided in chapter 18.52 DMMC;
(7) Public office buildings, art galleries, museums, libraries, police and fire stations;
(8) One antenna system which exceeds the maximum building height specified for the commercial zone and which:
(a) Does not exceed 15 feet in height above the building height limitation for the applicable zone;
(b) Is set back at least the vertical height of the antenna system measured from the center point of the base of the mast horizontally to the nearest property line;
(c) Has a maximum horizontal cross-sectional area for that part of the mast which is above building height limitation for the zone such that an imaginary four-inch diameter circle would encompass all points of the horizontal cross-section;
(d) Has a maximum allowable three-dimensional space intrusion of 1,200 cubic feet for single ground plane antennas with a single driven element, and 200 cubic feet for beams, quads, and other multi-element antennas; provided, that these limitations on three-dimensional space intrusion shall not be applicable to single long-wire antennas, single whip antennas, and single coaxial antennas. In this paragraph, “three-dimensional space intrusion” means the space within an imaginary rectangular prism which contains all extremities of an antenna;
(e) Does not encroach into any required setback for the zone; a guy wire and anchor point for an antenna system is prohibited in any required setback or within three feet of the side or rear property lines; provided, if any alley abuts a rear property line, a guy wire and anchor point may extend to the rear property line;
(f) Provided, that a variation from the above limitations not to exceed 10 percent may be granted by city administrative officials; such variation shall be granted when it will not significantly increase the hazard factor, the aesthetic impact, or the economic consequences of such antenna system;
(g) Further provided, that all antenna systems exceeding the above limitations and legally in place on November 5, 1978, the effective date of the ordinance codified in this subsection (8), shall have one year within which to satisfy the requirements for and receive a conditional use permit which authorizes the continued placement of such antenna system;
(h) Further provided, that all antenna systems constructed, enlarged, or moved after November 5, 1978, shall comply with the provisions of chapter 14.06 DMMC1 on the antenna system review permit process;
(9) Mixed uses, subject to an unclassified use permit. [Ord. 1237 § 3, 1999; Ord. 617 § 5, 1985; Ord. 445 § 3, 1978; Ord. 175 § 1(24.26.020), 1964.]
18.20.030 Limitations on uses.
Every use locating in a N-C zone shall be subject to the following further conditions and limitations:
(1) All uses shall conform to the general provisions and exceptions, off-street parking requirements and loading area requirements set forth beginning with chapter 18.36 DMMC; and all parking lots, parking areas, and loading areas shall be surfaced, screened, developed, and maintained;
(2) All uses shall be conducted wholly within an entirely enclosed building except:
(a) Public utility installations;
(b) Growing stock in connection with horticultural nurseries, whether the stock is in open ground, pots, or containers;
(c) Moorages for private pleasure craft;
(d) Parking and loading areas;
(e) Public off-street parking lots;
(3) Any areas used as set forth in subsection (2) of this section, except horticultural nurseries, moorages, and public utility installations, shall be improved and maintained as required for off-street parking areas;
(4) No automobile service stations are permitted in the N-C zone;
(5) All products made incident to a permitted use which are manufactured, processed, or treated on the premises shall be sold on the premises only and at retail only, and not more than three persons may be employed in the manufacturing, processing, or treatment of products, except that this limitation shall not apply to restaurants;
(6) Any repairing done on the premises shall be incidental only and limited to custom repairing of the types of merchandise sold on the premises at retail; the floor area devoted to such repairing shall not exceed 20 percent of the total floor area occupied by the particular enterprise of which it is a part, except that the limitations of this paragraph shall not apply to shoe, radio, television, or other small household appliance repair service;
(7) No used or secondhand articles, materials, or equipment unless accessory to the primary activity may be sold, offered for sale, or stored on the premises except paintings, objects of art, or antiques as defined in this title;
(8) Storage shall be limited to accessory storage of commodities sold at retail on the premises or materials used in the limited fabrication of commodities sold at retail on the premises;
(9) All operations conducted on the premises shall not be objectionable beyond the property boundary lines by reason of noise, steam, odor, fumes, gases, smoke, vibration, hazard, or other causes, and any use which produces odor, fumes (toxic or nontoxic), gases, airborne solids, or other atmospheric contaminants shall be allowed to locate only if conforming in every respect to the rules and regulations established by an applicable and qualified public agency;
(10) If a building site has a boundary line which is a common line with residential property, a wall or view-obscuring fence or hedge not less than five feet nor more than six feet in height shall be installed and maintained for screening purposes and controlling access. Where the wall of a building is on such common property line, no separate wall or fence need be installed along that portion of the common property line occupied by the wall of the building. Public utility installations need not fence along such lines; provided, the conditions set forth in DMMC 18.08.020(12)(c) are maintained adjacent to common boundaries with residential property;
(11) (Repealed by Ord. 617);
(12) (Repealed by Ord. 584). [Ord. 1237 §§ 2, 4, 1999; Ord. 617 § 3(part), 1985; Ord. 584 § 7(part), 1983; Ord. 193 §§ 2, 3, 1965; Ord. 175 § 1(24.26.030), 1964.]
18.20.035 Hazardous waste and hazardous substances.
Any use permitted by this chapter which involves the treatment or storage of hazardous waste or the use or handling of hazardous substances shall conform to the regulations contained in this section. In the event there is a conflict between the provisions of this section and any other provision of this chapter, the provisions of this section shall prevail.
(1) Off-site hazardous waste facilities are prohibited.
(2) On-site hazardous waste facilities are permitted as an accessory use only; provided, that the location of such facilities shall be consistent with siting criteria adopted or hereafter amended by the Department of Ecology under RCW 70.105.210 incorporated in this section by reference and that the transport, storage, containment, treatment, or disposal of such hazardous wastes shall be performed so as not to jeopardize the health and safety of any individual or harm the environment.
(3) The use or handling of hazardous substances are permitted as an accessory use only; provided, that the transport, storage, containment, application and disposal of such hazardous substances shall be performed so as not to jeopardize the health and safety of any individual or harm the environment.
(4) Violation – Civil Penalty, Revocation of Business License. Failure to comply with any of the requirements of this section shall result in enforcement by civil penalty as set forth in DMMC 18.72.060 and revocation of business license as set forth in DMMC 5.04.060.
(5) Violation – Abatement Authorized. Any person or business who fails to comply with the provisions of this chapter, or permits a violation to continue after receiving written notice of violation from the community development director, shall be deemed to be causing or permitting a public nuisance and shall be liable in an action for abatement filed by the city in superior court. [Ord. 757 § 2, 1988.]
18.20.040 Permissible floor area.
The maximum permitted floor area to be contained in all buildings on a lot or site in a N-C zone shall not exceed the square foot area of the lot or site upon which the building or buildings are located. [Ord. 1237 § 2, 1999; Ord. 175 § 1(24.26.040), 1964.]
18.20.050 Height.
In a N-C zone no building or structure shall exceed a height of 35 feet. [Ord. 1237 § 2, 1999; Ord. 175 § 1(24.26.050), 1964.]
18.20.060 Required open spaces.
Additional open spaces, both as to amount and location on the premises may be required in connection with a variance or planned unit development to apply the established requirements of this and related codes pertaining to such subjects as off-street parking, loading areas, convenient and safe circulation of vehicles and pedestrians, ingress and egress as related to marginal traffic pattern, vision clearance (traffic), drainage, and lighting. [Ord. 175 § 1(24.26.060), 1964.]
Code reviser’s note: Chapter 14.06 (§ 8 of Ord. 445), was repealed by Ord. 938.