Chapter 18.26 C-C COMMUNITY COMMERCIAL ZONE

Chapter 18.26
C-C COMMUNITY
COMMERCIAL ZONE

Sections

18.26.010 Purpose of zone.

18.26.020 Permitted uses.

18.26.030 Environmental performance standards and general limitations.

18.26.040 Conditional uses.

18.26.050 Uses requiring unclassified use permit.

18.26.055 Hazardous waste and hazardous substances.

18.26.060 Dimensional standards.

18.26.070 General site design requirements.

18.26.080 General building design requirements.

18.26.090 Appeal from administrative decisions.

18.26.010 Purpose of zone.

(1) The primary purpose of the community commercial zone is to enhance, promote and maintain community oriented business areas.

(2) It is the further purpose of this zone to:

(a) Ensure land use compatibility among businesses in terms of permitted uses, building height, bulk, scale;

(b) Provide a commercial area that reflects its community-oriented function;

(d) Ensure that development occurs consistent with the goals, policies, and implementation strategies of the City of Des Moines Comprehensive Plan.

(3) It is the further purpose of this zone to ensure consistent administration of the provisions of this chapter and to recognize the hearing examiner as the appropriate party for appeal of administrative decisions. [Ord. 1237 § 3, 1999; Ord. 1218 § 1, 1998: Ord. 697 § 2, 1987.]

18.26.020 Permitted uses.

Any use permitted in the D-C zone with the exception of the following:

(1) Boat building and repairing (3732).

(2) Water transportation uses.

(3) Fish hatcheries and preserves (092).

(4) Boat cleaning.

(5) Mixed use.

(6) Public automobile parking (7521). [Ord. 1237 § 3, 1999; Ord. 1218 § 2, 1998: Ord. 1170 § 4, 1996; Ord. 1140 § 5, 1995: Ord. 697 § 3, 1987.]

18.26.030 Environmental performance standards and general limitations.

(1) Every use permitted within the C-C zone pursuant to this chapter shall conform to the following general limitations and standards:

(a) As provided by chapter 9.64 DMMC, no use, activity, or equipment shall be permitted that creates a nuisance or is offensive, objectionable, or hazardous by reason of creation of odors, noise, sound, vibrations, dust, dirt, smoke, or other pollutants, noxious, toxic, or corrosive fumes or gases, radiation, explosion or fire hazard, or by reason of the generation, disposal, or storage of hazardous or dangerous wastes or materials in a manner(s) inconsistent with Title 70 RCW as presently constituted or as may be subsequently amended;

(b) Accessory uses are permitted that are customarily appurtenant or incidental to the principally permitted uses;

(d) All uses shall be primarily contained within an enclosed structure except the following:

(i) Outdoor seating and dining;

(ii) Signs;

(iii) Off-street parking, drive-through facilities, and loading areas;

(iv) Motor vehicle fuel pumps;

(v) Display of merchandise sold on site;

(vi) Boat storage;

(vii) Play/recreation areas; and

(viii) Miscellaneous storage when limited to 25 percent of the site area and when perimeter landscaping and fencing is provided;

(e) In reviewing a proposed permitted use, the community development director may waive or include minimal conditions as may be reasonably needed to ensure that the use is consistent with the purpose of the C-C zone, and to minimize the likelihood of adverse impacts.

(2) Adult entertainment facilities and adult motion picture theaters are not permitted in the C-C zone.

(3) Automobile repair, car washes, automobile service stations, uses with drive-through facilities, and similar uses shall conform to the following limitations and standards:

(a) Automobile repair and the installation of automobile parts and accessories shall be primarily contained within an enclosed structure;

(b) Unless specifically authorized by the community development director, vehicular access shall be limited to one driveway per street frontage;

(d) A six-foot high, 100 percent sight-obscuring fence shall be provided along property lines that abut residentially zoned properties, unless waived by the residential property owner prior to building permit issuance; and

(e) Vehicle storage shall be limited to those vehicles contracted for repair or service.

(4) Welding repair (7692) is only permitted in an enclosed structure.

(5) All products which are manufactured, processed, or treated on the premises must also be sold at retail to the general public on-site.

(6) Social service facilities shall conform to the following limitations and standards:

(a) Outdoor play/recreation areas for children shall be set back a minimum of five feet from property lines;

(b) Unless specifically authorized by the community development director, passenger loading and unloading areas shall be provided on-site. [Ord. 1237 § 3, 1999; Ord. 1218 § 3, 1998: Ord. 697 § 4, 1987.]

18.26.040 Conditional uses.

The following uses may locate in a C-C zone subject to issuance of a conditional use permit as provided in the hearing examiner code:

General conditional uses as listed in DMMC 18.32.030 and in accordance with DMMC 18.32.040 through 18.32.060. [Ord. 1218 § 4, 1998: Ord. 793 § 8, 1989: Ord. 697 § 5, 1987.]

18.26.050 Uses requiring unclassified use permit.

Uses requiring an unclassified use permit in a C-C zone are as follows:

(1) Mixed use;

(2) Other uses requiring an unclassified use permit as itemized in DMMC 18.32.020 and as otherwise provided in chapter 18.32 DMMC. [Ord. 1374 § 2, 2006: Ord. 1218 § 5, 1998: Ord. 697 § 6, 1987.]

18.26.055 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 chapter 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 § 4, 1988.]

18.26.060 Dimensional standards.

(1) Height. Maximum building height is 35 feet.

(2) Setbacks. Placement of buildings and structures including additions to existing buildings or structures, excluding signs, shall maintain minimum setbacks established by the department of community development based on the following criteria:

(a) When the front or side lot line abuts the public right-of-way, the building or structure shall abut the public right-of-way unless:

(i) Subsection (2) of this section requires that the building or structure be set back; or

(ii) Through the permitting process, the community development director finds it is in the public interest to allow the proposed building or structure to be set back from the right-of-way. In considering a request for a setback, the director shall consider matters such as adopted land use policies, vehicular and pedestrian circulation, landscaping, existing site improvements, adjacent site improvements, and public benefit features such as plazas and public artwork. Decisions of the director regarding setbacks are appealable to the hearing examiner pursuant to chapter 18.94 DMMC.

(b) Where any lot line lies adjacent to a public right-of-way or private street and residentially zoned property lies adjacent to such public right-of-way or private street, or when the lot line abuts a residentially zoned property, a minimum building or structure setback of 10 feet shall be maintained.

(3) Parking in the C-C zone shall be provided pursuant to chapter 18.44 DMMC.

(4) Underground structures are permitted in all required setback areas. [Ord. 1218 § 6, 1998.]

18.26.070 General site design requirements.

Development within the C-C zone shall conform to the following site design requirements:

(1) Walkways. Paved pedestrian walkways shall be provided on-site on newly developed properties or materially remodeled, enlarged, or repaired to the extent of 50 percent of the market value as specified below:

(a) Pedestrian walkways shall be provided at or around building(s) of sufficient extent to provide safe pedestrian passage. A minimum six-foot walkway shall be provided adjacent to the principal building entrance(s);

(b) A minimum six-foot pedestrian walkway shall be provided that connects walkways at the building to the street sidewalks. Where no street sidewalk exists, the connecting walkway shall extend to the public right-of-way;

(c) Walkways and sidewalks shall be differentiated from vehicular circulation or vehicular parking areas as approved by the community development director;

(d) Walkways shall conform with all applicable provisions of chapter 51-10 WAC, Barrier-free Facilities, as presently constituted or as may be subsequently amended; and

(e) Lighting shall be provided where stairs, curbs, ramps, or abrupt changes in walkway direction occur.

(2) Parking and Loading Areas. All uses shall conform to the off-street parking provi-

sions and loading area provisions set forth by chapter 18.44 DMMC.

(3) Vehicular Access and Other Right-of-Way Improvements. Vehicular access and other right-of-way improvements shall conform to the provisions of Title 12 DMMC.

(4) Uses Within the Right-of-Way. Sidewalk cafes, vendors, and similar temporary commercial uses within the public right-of-way shall conform to the provisions of Title 12 DMMC and the following provisions:

(a) A minimum of six feet of unobstructed sidewalk shall be maintained;

(b) The applicant shall demonstrate proof of public liability insurance and consent to a public place indemnity agreement;

(c) The duration of right-of-way use permits for commercial purposes shall be limited to one year. Applicants may reapply for right-of-way use permits;

(d) Sale or consumption of alcoholic beverages is prohibited;

(e) Applications for right-of-way use permits for commercial purposes shall include the following information:

(i) Proposed items to be placed within the right-of-way, such as seating, tables, fencing, vending carts, etc.;

(ii) Proposed activities to occur within the right-of-way, such as dining, amplification of music, preparation and sale of food or beverage items, etc.;

(iii) Proposed periods of operation, including months of the year, days of the week, hours, etc., and

(iv) Proposed source(s) of utilities such as electrical power;

(f) Applicants must immediately clear the public right-of-way when ordered to do so by city authorities for reasons of public health or safety; and

(g) In reviewing a proposed use within the public right-of-way, the community development director may include conditions as may reasonably be needed to endure that the use is consistent with the purpose of the C-C zone, and to minimize the likelihood of adverse impacts. The community development director shall deny the request if it is determined that adverse impacts cannot be mitigated satisfactorily.

(5) Landscaping. All uses shall conform to the landscaping and screening provisions set forth by chapter 18.41 DMMC.

(6) Outdoor Uses. Outdoor activities such as sales, display, storage, dining, etc., shall not obstruct vehicular or pedestrian visibility or movement. [Ord. 1237 § 3, 1999; Ord. 1218 § 7, 1998.]

18.26.080 General building design requirements.

Development within the C-C zone shall conform to the following building design requirements:

(1) Structural encroachments into the right-of-way, such as cornices, signs, eaves, sills, awnings, bay windows, balconies, facade treatment, marquees, etc., shall conform to the provisions set forth by Title 12 DMMC, the Uniform Building Code, and the following provisions:

(a) Structural encroachments into the right-of-way shall be capable of being removed without impact upon the structural integrity of the primary building;

(b) Structural encroachments into the right-of-way shall not result in additional building floor area than would otherwise be allowed;

(c) Except for awnings, signs, and marquees, the maximum horizontal encroachment into the right-of-way shall be two feet;

(d) The maximum horizontal encroachment in the right-of-way by signs shall be four feet;

(e) The maximum horizontal encroachment in the right-of-way by awnings and marquees shall be six feet;

(f) The minimum horizontal distance between the structural encroachment and the curbline shall be two feet;

(g) Except for awnings over the public sidewalk which may be continuous, the maximum length of each balcony, bay window, or similar feature that encroaches the right-of-way shall be 12 feet;

(h) The applicant shall demonstrate proof of public liability insurance and consent to a public place indemnity agreement;

(i) Owners of structural encroachments into the right-of-way must clear the public right-of-way when ordered to do so by city authorities for reasons of public health or safety; and

(j) In reviewing a proposed structural encroachment into the public right-of-way, the community development director may include conditions as may be reasonably needed to ensure that the structure is consistent with the purpose of the C-C zone, and to minimize the likelihood of adverse impacts. The community development director shall deny the request if it is determined that adverse impacts cannot be mitigated satisfactorily.

(2) Pedestrian entrances to commercial uses at street level shall conform to all applicable provisions of chapter 51-10 WAC, Barrier-free Facilities, as presently constituted or as may be subsequently amended.

(3) The width of all floors above the second level floor shall not exceed 80 percent of the width of the street level floor. [Ord. 1237 § 3, 1999; Ord. 1218 § 8, 1998.]

18.26.090 Appeal from administrative decisions.

A person aggrieved by an administrative decision made under this chapter may appeal such decision to the hearing examiner in accordance to the hearing examiner code by filing a written notice of appeal that must be filed within 10 days of such decision. [Ord. 1218 § 9, 1998.]