Chapter 17.100 NONRESIDENTIAL PERFORMANCE STANDARDS

Chapter 17.100
NONRESIDENTIAL PERFORMANCE STANDARDS

Sections:

17.100.010 Scope.

17.100.020 Categories of use.

17.100.030 Performance standards.

17.100.040 Supplemental standards for drive-through facilities.

17.100.050 Supplemental standards for mixed use or split use development.

17.100.055 Supplemental standards for live entertainment uses.

17.100.060 Conditions for permitting a bed and breakfast in single-family residential zones.

17.100.070 Conditions for permitting schools in single-family residential zones.

17.100.080 Temporary uses.

17.100.010 Scope.

This chapter contains performance standards that apply to nonresidential uses. Nonresidential land uses regulated in this chapter include commercial, tourism, office, light and heavy industry, and certain public/semi-public uses. These standards regulate building development and are applied over and above those standards imposed by other sections of this code. These supplemental standards are necessary for those land uses having characteristics that may have negative impacts without the additional regulations. (Ord. 929 Ch. 10(B), 1995).

17.100.020 Categories of use.

The following categories of land use shall be subject to the standards contained in this chapter.

(1) Public/semi-public: institutional uses and public services uses only;

(2) Office uses;

(3) Commercial uses: general commercial, commercial recreational, automobile-oriented commercial (gas stations, auto repair shops, tire shops, etc.), home building supply outlets, plant and landscape nurseries, and shopping centers;

(4) Industrial uses: industrial, wholesaling, warehousing, and distribution activities;

(5) Tourist facilities: hotels, bed and breakfast accommodations, and entertainment activities;

(6) Live entertainment. (Ord. 1267 § 13, 2010; Ord. 929 Ch. 10(B)(1), 1995).

17.100.030 Performance standards.

The development of a nonresidential use shall be allowed only in full compliance with the standards of this and other relevant sections of this code.

(1) Building Placement.

(a) There is no minimum required distance between adjacent buildings on the same lot; provided, that when a building exceeds two stories in height, the minimum distance from an adjacent building or property line shall be increased by five feet for each story above two.

(b) Certain nonresidential development in the MB-I zoning district may build up to the right-of-way line of the abutting roadway. These are enumerated in the Table of Dimensional and Density Requirements for the MB-I zoning district contained within this code. However, buildings, signs, or other structures shall not be placed in the sight triangle specified in the landscape performance standards.

(c) Access driveways to any commercial development on an individual parcel in the NB, MB-II, and GC zoning districts shall be at least 75 feet apart from each other, measured from centerline to centerline. However, where driveways are each one-way and each being no more than 12 feet wide, the two driveways shall be counted as a single unit of access for the purposes of this code. (Ord. 929 Ch. 10(B)(2), 1995).

17.100.040 Supplemental standards for drive-through facilities.

(1) Purpose. Supplemental standards are provided for uses with drive-through facilities to ensure protection from potential traffic hazards. These standards are to be applied in addition to all other applicable standards of this code.

(2) Standards.

(a) Driveways proposed to service commercial development shall be separated 75 feet or more between driveways. Where driveways are each one-way and each no more than 12 feet wide, the two driveways shall be counted as a single unit. When, because of existing development, it is mathematically impossible to achieve this requirement for a proposed commercial project, the applicant shall attempt to secure an access easement from an adjoining commercial development. If this is impossible to secure (as evidenced by a written denial by both adjoining property owners of the request), the planning director may permit a waiver of this requirement. However, in doing so, any new access driveway shall be located as far as possible from all existing access drives.

(b) Approach lanes for the drive-through facilities shall have the following minimum widths: one lane – 12 feet; two or more lanes – 10 feet per lane.

(c) Minimum linear distance for stacking of automobiles in the drive-through window lanes (measured from the commercial window at the building location):

(i) One drive-through window – 100 feet;

(ii) Two drive-through windows – 100 feet;

(iii) Three drive-through windows – 80 feet;

(iv) Four drive-through windows – 60 feet;

(v) Five drive-through windows – 40 feet.

(d) The minimum distance from the proposed drive-through facility to the right-of-way shall be 40 feet where no turns are required. This distance shall be measured from the drive-through station farthest from the main building. Where turns are required in the exit lane, the minimum distance from any drive-through window to the beginning point of the turn shall be 34 feet. The minimum turning radius shall be 17 feet.

(e) The minimum distance from a drive-through facility to any residential building shall be 25 feet. This distance shall be measured at the narrowest point between the main building, an off-street parking area, or vehicle lanes, whichever is closer.

(f) Alleys or driveways in residential areas adjacent to drive-through facilities shall not be used for circulation of customer traffic. (Ord. 929 Ch. 10(B)(3), 1995).

17.100.050 Supplemental standards for mixed use or split use development.

(1) When a parcel of land is proposed to accommodate a building that contains two or more uses in the NB, MB-I, MB-II, GC, or GI zoning districts, it shall not be necessary that the minimum land area requirements for each use be met.

(2) However, where a building containing two or more uses is proposed to be built, the following conditions must be met:

(a) Every use or activity proposed to be included is allowed in the zoning district where the building is proposed to be built;

(b) The minimum lot area, dimensional and density requirements (setbacks, lot coverage, etc.) for the most restrictive use proposed in the building must be met;

(c) To compute the number of off-street parking spaces required for such a development, it will be necessary to calculate the requirements for each use and total them (unless it is demonstrated that certain proposed future uses shall not utilize the parking area at the same times – i.e., schools and churches); and

(d) If off-street loading and unloading space(s) is required for any use, it must be provided. (Ord. 929 Ch. 10(B)(4), 1995).

17.100.055 Supplemental standards for live entertainment uses.

(1) Use Requirements.

(a) Live entertainment is allowed as part of the following businesses in MB-I, MB-II, general commercial and light industrial zone districts under the establishment’s business license and subject to any conditions required for the business provided the entertainment use is limited as follows:

(i) Bars/lounges and taverns may provide live entertainment as an indoor accessory use;

(ii) Night clubs, meeting halls, health/athletic clubs and gymnasiums may provide live entertainment as an indoor primary or indoor accessory use;

(iii) Churches and restaurants may provide live entertainment as an indoor or outdoor accessory use.

(b) Schools in all zones may allow live entertainment as an indoor or outdoor accessory use subject to any conditions of the primary use.

(c) Live entertainment associated with all other occupancies and uses in all zones is allowed as a temporary use, subject to the requirements of SMC 17.100.080 (Temporary uses); provided, that the duration is limited to a maximum of four days with one three-day extension as provided in SMC 17.100.080(3)(e).

(2) Public Safety. The chief of police may evaluate the operation of a live entertainment venue upon application for business license and/or during operation of the venue, or upon complaint to determine whether a public safety plan is required. A police officer or officers may, at the discretion of the chief of police, be required to police a dance or other live entertainment event to provide security and/or traffic control. When required, the expense of additional security shall be borne by the applicant, and a public safety plan shall be approved by the chief of police.

(3) Hours Live Entertainment May Be Conducted. Live entertainment may be conducted or operated indoors between the hours of 8:00 a.m. and 2:00 a.m. on any day or night of the week and outdoors between the hours of 10:00 a.m. and 11:00 p.m., except that when a live entertainment venue abuts or is located on the same parcel as a residential occupancy, outdoor entertainment shall end at 10:00 p.m.

(4) Conditions of Premises.

(a) Every building or other place used for music, live entertainment or public dancing shall be kept in a clean, healthful and sanitary condition; and

(b) All premises, corridors and stairways connected therewith shall at all times be open to the public and be fully lighted; and

(c) Indoor entertainment venues shall conduct the activity entirely inside the premises and shall provide adequate ventilation and/or air conditioning. Doors and windows shall remain closed.

(5) Indecent Entertainment/Adult Entertainment. No indecent dance or live entertainment event (as defined in Chapter 5.32 SMC) shall be given or carried on in any place within the city. All dance and entertainment uses shall be operated in compliance with Chapter 5.32 SMC, Sexually Oriented Businesses.

(6) Penalties for Violations. Violation of this section shall constitute a Class B infraction as defined in SMC 13.01.045(1) and subject the violator to enforcement as set forth therein. (Ord. 1267 § 12, 2010).

17.100.060 Conditions for permitting a bed and breakfast in single-family residential zones.

Subsequent to a public hearing, the city’s hearing examiner shall find or attach the following conditions prior to issuing a conditional use permit:

(1) Bed and breakfast businesses shall be conducted in such a manner as to give no outward appearance or manifest any characteristics of a business, except as provided below, that would infringe upon the rights of the neighboring properties to live in a quiet residents-only neighborhood.

(2) Numbers of guest rooms shall be limited to the maximums set in the Tables of Dimensional and Density Requirements, Chapters 17.30 through 17.78 SMC.

(3) Adequate parking per SMC 17.105.140 shall be provided on-site and screened from the view of all neighboring properties.

(4) Safe pick-up and drop-off and loading/unloading areas shall be provided on-site.

(5) Commercial accessory uses shall not be permitted.

(6) Serving of meals shall be limited to overnight guests. No kitchen facilities shall be permitted in guest rooms, except microwave ovens, small refrigerators, and coffee pots.

(7) Adequate utilities, including sewer, water, and electricity, shall be confirmed by the purveyor.

(8) Adequate public roads shall be available or improved by the applicant as determined by the public works director.

(9) Impact to the existing neighborhood shall be minimized to the extent possible by the provision of greater setbacks and landscaping to screen on-site activities. At a minimum, all lot lines abutting residentially developed lots shall be planted with a five-foot wide landscaping strip providing a dense visual barrier of trees and shrubs.

(10) Signage shall be limited to one monument sign meeting the standards of SMC 17.110.235. (Ord. 1110 § 3, 2002).

17.100.070 Conditions for permitting schools in single-family residential zones.

Subsequent to a public hearing, the city’s hearing examiner shall find or attach the following conditions prior to issuing a conditional use permit:

(1) Adequate parking per SMC 17.105.140 or as required by the hearing examiner shall be provided on-site.

(2) Safe pick-up and drop-off and loading/unloading areas shall be provided on-site.

(3) Commercial accessory uses shall not be permitted.

(4) Adequate utilities, including sewer, water, and electricity, shall be confirmed by the purveyor.

(5) Adequate public roads shall be available or improved by the applicant as determined by the public works director.

(6) Increasing or decreasing any other provision of the zoning code, or imposing any other conditions, as deemed necessary by the hearing examiner to protect the health, safety, and welfare of the surrounding residential neighborhood. (Ord. 1123 § 5, 2002; Ord. 1110 § 3, 2002).

17.100.080 Temporary uses.

(1) Purpose. The city of Stanwood recognizes that there are certain instances when a temporary use is needed which is adjunct to a permanent use, or which requires a temporary structure for a limited period of time. The purpose of this section is to establish provisions authorizing temporary uses and/or structures, for limited periods of time, for the uses set forth herein, and under the conditions set forth herein, when such uses are consistent with the purposes of this section.

(2) Permitted Temporary Uses. The following types of temporary uses may be authorized, subject to specific limitations in this section and such additional conditions as may be established by the planning director or his/her designee:

(a) Contractor’s office, storage yard and equipment parking and servicing on the site of an active construction project or other offices associated with an active construction project.

(b) Circuses, carnivals, rodeos, fairs or similar transient amusement or recreational activities.

(d) Indoor or outdoor special sales, including swap meets, flea markets, parking lot sales, warehouse sales or similar activities, limited to locations on lots not used for residential purposes in commercial or industrial districts, and when operated not more than 30 days in the same year, unless otherwise permitted by the city.

(e) Temporary live entertainment for a maximum of seven days.

(f) Temporary use of mobile trailer units or similar portable structures for nonresidential purposes, located in districts where the use is a permitted use and is approved by the planning director or his/her designee.

(g) The planning director or designee may authorize additional temporary uses not listed in this subsection when it is found that the proposed uses are in compliance with the requirements and findings of subsection (3) of this section.

(3) Conditions of Temporary Use.

(a) Each site occupied by a temporary building shall be left free of debris, litter or other evidence of temporary use upon completion or removal of the use.

(b) A temporary use conducted in a parking facility shall not occupy or remove from availability more than 25 percent of the spaces required for the permanent use except those civic or special city events approved pursuant to subsection (3)(d) of this section.

(c) Each site occupied by a temporary use must provide or have available sufficient off-street parking and vehicular maneuvering area for customers. Such parking shall comply with the requirements of Chapter 17.105 SMC and must provide safe and efficient interior circulation and ingress and egress from the public right-of-way.

(d) No temporary use shall occupy or use public rights-of-way, parks or other public lands in any manner unless specifically approved by the city council.

(e) No temporary use shall occupy a site or operate within the city except that, when authorized by the planning director or his/her designee, except for live entertainment, a temporary use may operate 30 days from the time the temporary use is authorized by the planning director or his/her designee if it is found that such will be consistent with the requirements of this chapter. The planning director or designee may also authorize one 30-day extension.

(f) All temporary uses shall obtain, prior to occupancy of the site, all required city permits, licenses or other approvals, e.g., business license, building permit, site development.

(g) The planning director or his/her designee may establish such additional conditions as may be deemed necessary to ensure land use compatibility and to minimize potential impacts on nearby uses. These include but are not limited to time and frequency of operation, temporary arrangements for parking and traffic circulation, requirements for screening or enclosure, and guarantees for site restoration and cleanup following temporary use.

(4) Criteria. The community development director or his/her designee may authorize the temporary uses described in subsection (2) of this section after consultation and coordination with all other applicable city departments and other agencies and only when a determination that the following criteria can be met:

(a) The temporary use will not impair the normal, safe and effective operation of a permanent use on the same site.

(b) The temporary use will not impact public health, safety or convenience, or create traffic hazards or congestion, or otherwise interrupt or interfere with the normal conduct of uses and activities in the vicinity.

(d) The temporary use shall comply with all applicable standards of the Snohomish County health department.

(e) The applicable temporary use meets all requirements of Chapter 5.08 SMC.

(5) Application/Authorization – Penalty for Violation.

(a) Application to conduct a temporary use shall be made to the community development department at least 15 days prior to the time when the applicant plans to begin the temporary use, and shall include such information as the planning director or his/her designee may require to evaluate the use and to make the determinations required by this chapter.

(b) Application shall be made prior to the requested date for commencement of the temporary use, and the planning director or his/her designee shall make a determination whether to approve, approve conditionally or deny the temporary use within 10 days after the date of application.

(d) A temporary use authorized pursuant to this section shall not be exempted or relieved from compliance with any other ordinance, law, permit or license applicable to such use, except where specifically noted.

(e) Failure to obtain a permit prior to moving the temporary use into place shall be considered a Class B violation, and shall result in a fine as determined by SMC Title 13. (Ord. 1267 § 14, 2010; Ord. 1110 § 3, 2002; Ord. 995, 1997; Ord. 970, 1996. Formerly Ch. 14.34).