Chapter 17.12


17.12.010    Purpose of the gateway zoning district.

17.12.020    Uses subject to administrative approval (allowed by right).

17.12.030    Conditional uses.

17.12.040    Repealed.

17.12.050    Accessory uses.

17.12.060    Uses prohibited in the gateway zoning district.

17.12.070    Site requirements.

17.12.080    Use standards.

17.12.090    Design standards.

17.12.100    Performance standards.

17.12.110    Performance standard enforcement.

17.12.120    Violations.

17.12.130    Appeals.

17.12.010 Purpose of the gateway zoning district.

The purpose of the gateway district is to encourage the development of a safe and compatible mix of commercial, office and light industrial uses immediately adjacent to SR 543, without compromising the safety of the neighboring student population, imposing hazards and nuisances on the community, or degrading the environment.

A primary function of this district is to encourage the location of businesses that can service cross-border traffic from SR 543 and related business activity and to function as a gateway to the city’s industrial district. To that end, development of this district must incorporate the early extension of Boblett Street to the east and its designation as the commercial traffic corridor from SR 543 to Odell Road.

Orderly and safe traffic circulation is a priority goal in this district. In order to achieve this goal, construction, manufacturing, wholesale trade, transportation and warehousing businesses should be accessed from Boblett Street. East/west pedestrian crossings at the intersection of SR 543 and Boblett Street should be minimized to the extent possible or improvements made to ensure safe crossing through this intersection.

To encourage economic opportunity in this uniquely located district, this chapter focuses more on the district’s relationship to the truck route (SR 543) and adjacent districts, and less on specific allowed uses. Additionally, the intent of the gateway district is to achieve compatibility between adjacent land uses through performance and design standards that minimize off-site impacts. (Ord. 2692 § 3(1), 2008)

17.12.020 Uses subject to administrative approval (allowed by right).

A. The following uses are allowed throughout the gateway district (use identification through the North American Industry Classification System (NAICS)):

1. Retail trade (NAICS Nos. 44 – 45);

2. Information (NAICS No. 51);

3. Finance and insurance (NAICS No. 52);

4. Real estate, rental and leasing (NAICS No. 53);

5. Professional, scientific, and technical services (NAICS No. 54);

6. Management of companies and enterprises (NAICS No. 55);

7. Administrative, support and waste management and remediation services (NAICS No. 56);

8. Educational services (NAICS No. 61);

9. Health care and social assistance (NAICS No. 62);

10. Arts, entertainment and recreation (NAICS No. 71);

11. Accommodations and food services (NAICS No. 72);

12. Other services (NAICS No. 81);

13. Public administration (NAICS No. 92);

14. Gasoline service stations when compliant with Chapter 15.30 BMC, Gasoline Service Stations. This includes related movement of flammable liquids when operationally in compliance with the federal, state and local regulations;

15. Electric vehicle charging stations, including but not limited to EV charging station, rapid charging station, battery exchange station.

B. The following uses are allowed when primary access is provided from Boblett Street:

1. Construction (NAICS No. 23);

2. Manufacturing (NAICS Nos. 31 – 33);

3. Wholesale trade (NAICS No. 42);

4. Transportation and warehousing (NAICS Nos. 48 – 49). (Ord. 2793 § 2 (Exh. A(2)), 2011; Ord. 2692 § 3(1), 2008)

17.12.030 Conditional uses.

The following uses require a conditional use permit pursuant to Chapter 17.92 BMC:

A. A use or facility other than a gas station or truck stop in which handling or transport of toxic or volatile materials is a primary component of the use or facility, provided:

1. Underground storage limits shall comply with Sections 3404. and 3406.2.4.4 of the International Fire Code;

2. The storage of explosives and blasting agents is not allowed, except for temporary storage and use as specifically defined in Section 3304 of the International Fire Code;

3. The storage of liquefied petroleum gases shall be limited in compliance with Section 3804.2 of the International Fire Code restricting the storage of liquefied petroleum gases (the aggregate capacity for liquefied petroleum gases of any one installation shall not exceed a water capacity of 2,000 gallons (7,570 L));

B. Recreational vehicle parks as described in BMC 17.108.060. (Ord. 2970 § 1 (Exh. A), 2021; Ord. 2692 § 3(1), 2008)

17.12.040 Uses subject to a public hearing, planning commission recommendation and city council approval.

Repealed by Ord. 2879. (Ord. 2692 § 3(1), 2008)

17.12.050 Accessory uses.

Accessory uses shall include those uses necessary to allow the permitted uses to function at their full capacity. These include uses that are incidental to, but necessary or convenient for, permitted operations. Accessory uses include but are not limited to:

A. Offices;

B. Eating facilities established to accommodate the principal use;

C. Restrooms and related facilities;

D. Incidental shops or light repair facilities;

E. One dwelling unit for each permitted use when it can be demonstrated that the unit is used in conjunction with, and accessory to, the permitted use;

F. Retail sales when it can be demonstrated that the sale of the merchandise is in conjunction with, and accessory to, the principal use;

G. Other accessory uses as determined by the director. (Ord. 2692 § 3(1), 2008)

17.12.060 Uses prohibited in the gateway zoning district.

The following uses are not allowed:

A. Heavy impact industrial uses not consistent with the intent of the gateway district, e.g., saw mills, raw ore foundries, pulp mills, junk yards, waste disposal stations;

B. The disposal of wastes;

C. Permanent dwelling units unless accessory to a permitted use;

D. The production, use, storage, transport or disposal of hazardous materials as a principal use. (Ord. 2692 § 3(1), 2008)

17.12.070 Site requirements.

Purpose: This section establishes site requirements that shall apply to all development in the gateway district.

A. Minimum Lot Area. The minimum lot size shall be adequate to meet the requirements and standards that apply to this district.

B. Minimum Lot Frontage. Minimum lot frontage shall be sufficient to provide adequate access, circulation, and utility development. In no case shall the frontage be less than 30 feet.

C. Minimum Lot Width. The minimum lot width shall be of an adequate size to meet the requirements and standards that apply to this district.

D. Minimum Lot Depth. The minimum lot depth shall be adequate to meet the requirements and standards that apply to this district.

E. Maximum Lot Coverage.

1. Eighty percent coverage when storm water is treated on-site.

2. One hundred percent coverage when the site is serviced by a regional storm water system.

F. Minimum Setbacks.

1. Property Lines Abutting Rights-of-Way. With the exception of signage and ingress and egress infrastructure, no building, structure or impervious surface shall be located closer than 20 feet from the street right-of-way lines.

2. Property Lines Abutting Adjacent Properties. No building or other structure shall be closer than 10 feet from adjacent property lines.

3. For buildings in excess of 35 feet tall, an additional one foot of setback shall be required for each foot of height in excess of 35 feet.

G. Building Height. Maximum building height in the gateway district is 50 feet. (Additional building height conditions are indicated under subsection (F)(3) of this section.)

H. Off-Street Parking. Unless otherwise stipulated, parking is required in compliance with Chapter 17.124 BMC.

I. Truck/Tractor Parking, Loading, and Circulation. When proposed commercial or industrial operations include truck and trailer parking, loading/unloading or transfer, the facility shall provide the necessary space and circulation capacity to meet the facility requirements. Under this condition, the applicant shall include a truck/trailer parking and circulation plan with adequate detail to determine use-related parking/capacity and necessary on-site circulation and its relationship to other parking, pedestrian circulation, street traffic and adjacent property circulation.

J. Signs. In the gateway district, the specific sign regulations contained in BMC 17.122.095 shall apply.

K. Utilities. All water, sewer, gas, electric, and other utility services shall be located underground. (Ord. 2728 § 2 (Exh. A), 2009; Ord. 2692 § 3(1), 2008)

17.12.080 Use standards.

Purpose: This section establishes use standards that shall apply to all uses in the gateway district.

A. Storage.

1. Principal Storage. Storage of materials, products or equipment shall be contained within building envelopes.

2. Accessory Storage. Outdoor storage is an accessory use and is permitted, provided the materials, products, or equipment stored are necessary to the operation of a use being conducted on the site and it meets the following requirements:

a. Accessory storage shall not exceed 10 percent of gross area of the principal building(s);

b. Accessory storage shall not be placed within required yard or parking areas;

c. Accessory storage shall not significantly impact adjacent land uses as determined by the director;

d. Accessory storage shall be located behind the principal building(s) and shall be appropriately screened where determined to be necessary by the director.

3. No waste material or refuse shall be dumped upon or permitted to remain upon any part of said property outside of a building constructed thereon.

4. This section does not apply to finished products subject to retail sales.

B. Trash Areas. All businesses that provide trash and/or garbage collection areas shall enclose such areas on at least three sides by a solid wall or fence of at least four feet in height if such area is not within an enclosed building or structure. Provisions for adequate vehicular access to and from such area or areas for collection of trash and/or garbage shall be required. (Ord. 2692 § 3(1), 2008)

17.12.090 Design standards.

Purpose: This section establishes design standards that shall apply to all development in the gateway district.

A. Building Design.

1. Entryways. Each principal building on a site shall have clearly defined and highly visible customer entrances. Entryway design elements and variations must have a street orientation and enhance the aesthetically pleasing character of the building.

2. Facades and Exterior Walls. All sides of the principal building shall include materials and color combinations that complement the front entryway. The front facade shall complement and be architecturally consistent with the entryway.

3. Buildings Abutting SR 543 and H Street.

a. Buildings with side or rear walls abutting SR 543 and H Street shall contain adequate architectural and visual character to avoid the appearance of blank walls and contribute to the visual quality of the SR 543 corridor.

b. Substantial creative latitude shall be allowed to achieve this requirement. For instance, sterile wall planes void of architectural interest can be avoided through the application of wall detail such as:

i. Horizontal and vertical relief;

ii. Shadow lines;

iii. Color changes;

iv. Visual depth;

v. Differential roof heights.

B. Lighting.

1. All exterior lighting fixtures, including those in parking areas and driveways, shall utilize cutoff shields or other appropriate measures to conceal the light source from adjoining uses and rights-of-way.

2. Commercial Lighting.

a. Exterior building lighting shall be compatible with the architecture of the project and shall not detract from the visibility of surrounding buildings;

b. Landscape and architectural lighting shall be used to illuminate building facades, building entrances, and feature or courtyard spaces;

c. Night lighting must be provided for all pedestrian walkways and where stairs, curbs, ramps, and crosswalks occur.

C. Landscaping.

Purpose: Landscape and buffering should contribute to visual quality and continuity within and between developments, provide screening and mitigation of potential conflicts between activity areas and site elements, enhance outdoor spaces, reduce erosion and storm water runoff and mitigate air pollution.

1. All landscaping shall comply with Chapter 17.126 BMC.

2. On-site storm water management facility ponds shall be landscaped. Fencing, where necessary, shall be dark-colored and vinyl-coated. Landscaping shall be installed in conjunction with fencing to break up its linear features.

3. All lots abutting SR 543 and H Street shall provide street trees along abutting boundary and a vegetative buffer sufficient to screen unsightly uses. Where fencing is erected, it shall be in conjunction with these vegetative requirements and contribute to an aesthetically pleasing appearance from the streets.

4. Landscaping shall be required within all setbacks fronting public streets, including SR 543.

D. Retail Commercial Buildings – Pedestrian Circulation.

1. A well-marked, continuous and protected pedestrian walkway network, a minimum of five feet wide, must connect the principal entrance(s) of all retail commercial buildings to:

a. Street crossings, public sidewalks, and transit stops.

b. Other buildings on the site.

c. Central features and community spaces.

d. Pedestrian walkways of adjacent sites.

e. On-site parking areas.

2. All pedestrian walkways shall be well-lit and utilize human-scale lighting features to promote pedestrian safety.

3. Walkways must feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers, or other such materials for no less than 50 percent of their length.

4. To the maximum extent feasible, pedestrians and vehicles shall be separated through provisions of a walkway.

5. Where complete separation of pedestrians and vehicles is not feasible, hazards shall be minimized by providing the following types of features:

a. Change in paving surface materials such as low maintenance pavers, bricks, stamped asphalt, or scored concrete.

b. The use of landscaping, bollards, lighting and other means to clearly delineate pedestrian areas.

c. The use of signs clearly identifying pedestrian crossing areas. (Ord. 2728 § 2 (Exh. A), 2009; Ord. 2692 § 3(1), 2008)

17.12.100 Performance standards.

No use in this district shall result in off-site impacts to such an extent that they inflict smoke, dirt, noise, vibrations, odor, glare or other nuisances or hazards detrimental to the health, welfare and safety of persons occupying or visiting adjacent properties. Prior to approval of a building permit, it must be demonstrated to the satisfaction of the city that the building and site design have adequately addressed standards contained in this chapter.

A. Fire and Explosive Hazard Performance Standard. The manufacture, use or processing of flammable liquids or materials which produce flammable or explosive vapors or gases shall be permitted in the gateway district only in accordance with state and local regulations for fire prevention and protection.

B. Emission Performance Standard. Levels of emissions of smoke, dust and other particulate matter, toxic and noxious gases in the gateway district are not to exceed standards set by the Northwest Clean Air Agency and all state and federal standards.

C. Vibration Performance Standard. Every use in the gateway district shall be so operated that the ground vibration inherently and recurrently generated from equipment other than vehicles is not perceptible without instruments at any point on or beyond any zoning district boundary in which the use is located.

D. Heat, Glare and Steam Performance Standard. Any activity in the gateway district producing steam, heat or glare shall be carried on in such a manner that the steam, heat or glare does not create a nuisance beyond the boundary lines of the district within which the use is located. Building materials with light-reflective qualities shall not be used in construction of buildings where reflected sunlight would throw intense glare on adjacent areas. Artificial lighting shall be hooded or shaded so that direct light from high-intensity lamps will not result in glare upon surrounding areas or cast light upon any residential use or street area.

E. Noise Performance Standard. Sound levels in the gateway district are not to exceed levels established by noise control regulations of the Department of Labor and Industries. Maximum permissible environmental noise levels to be emitted to adjacent properties are not to exceed levels of the environmental designations for noise abatement (EDNA) as established by the Department of Ecology.

F. Radiation Performance Standard. Emissions of ionizing radiation in the gateway district must comply with all standards established by the U.S. Nuclear Regulatory Commission and the State Department of Social and Health Services.

G. Erosion Performance Standard. No erosion, by either wind or water, shall be permitted in the gateway district which will carry increased volumes of sediments or objectionable substances into or through neighboring properties.

H. Electrical Disturbance Performance Standard. No activity except for electrical transmission lines or facilities shall emit electrical disturbance in the gateway district adversely affecting the operation of equipment or appliances at any point beyond the boundaries of the location or site of the use creating such disturbance. (Ord. 2692 § 3(1), 2008)

17.12.110 Performance standard enforcement.

A. The director shall determine if a violation of performance standards has occurred. Upon such a determination, the director shall send written notice of the violation by certified mail to the owners of the property and the manager of the operation involved. The manager or responsible person shall have 30 days to correct the violation, unless in the opinion of the director there is imminent peril to the life and/or property of persons adjacent to the alleged violation, in which case the violation shall be corrected immediately.

B. Where determinations of violation can be made by the director, using equipment normally available to the city or obtainable without additional expenditure to the city, such determination shall be made before notice of violation is issued.

C. When technical complexity or expense makes it prohibitive for the city to maintain the personnel or equipment necessary to make the determination of violation, the city shall retain appropriately qualified specialists to make the determination. If these findings indicate a violation of the performance standards, the cost of the determination shall be assessed against the properties or persons responsible for the violation, in addition to other cost incurred by the city. If no violation is found, the cost of determination shall be paid by the city.

D. If a substantiated performance violation is not remedied within the time requirements set by the director, it shall be enforced pursuant to Chapter 17.08 BMC, Violations and Enforcement. (Ord. 2692 § 3(1), 2008)

17.12.120 Violations.

Unless otherwise indicated, violations of this chapter shall be enforced pursuant to Chapter 17.08 BMC, Violations and Enforcement. (Ord. 2692 § 3(1), 2008)

17.12.130 Appeals.

Appeals of a final decision shall be heard pursuant to BMC 17.06.180, Appeals. (Ord. 2692 § 3(1), 2008)