Chapter 17.30
NEIGHBORHOOD BUSINESS ZONE
Sections:
17.30.010 Purpose and definition.
17.30.050 Electric vehicle charging stations.
17.30.060 Dimensional standards and parking.
17.30.070 Conditional use procedure and criteria.
17.30.010 Purpose and definition.
The purpose of the neighborhood business zone is to provide the opportunity for the development and operation of locally oriented retail, convenient consumer, and personal services which generally conform to the comprehensive plan of the city. By providing design review and conditional use approval for some uses serving the broader community and/or projects with the potential for greater impact to the community because of their scale or use of the outdoor spaces of the property, it is the further objective of the neighborhood business zone to maintain a limited intensity of land use and a scale and character of development compatible with the neighborhood residential areas. Hours of operation shall be limited to five a.m. to eleven p.m. daily, including deliveries. (Ord. 482 § 7 (Exh. A), 2022; Ord. 468 § 6 (Exh. A), 2020; Ord. 388 § 2(part), 2011: Ord. 20.M § 11.4(part), 1991)
17.30.020 Permitted uses.
The following uses are permitted in the neighborhood business (BN) zone provided they do not exceed four thousand square feet in gross floor area and are conducted wholly within an entirely enclosed building:
A. Full-service neighborhood grocery which provides a full range of goods and services, including but not limited to fresh produce and fresh meat and butcher services;
B. Postal office;
C. Restaurant, cafe, and/or delicatessen (not including drive-ins or drive-up windows);
D. Flower shop;
E. Personal service shop (such as a barber);
F. Day-care nursery;
G. Adult family homes, family daycare providers and group homes, provided:
1. The operator is certified to operate by the state of Washington pursuant to:
a. Adult family homes, Chapter 388-76 WAC; or
b. Family daycare providers, Chapter 43.216 RCW;
c. Group homes, Chapter 110-145 WAC;
2. The adult family home, family daycare provider or group home is located in the dwelling unit occupied by the licensed operator;
3. The business obtains a home occupation business license pursuant to the requirements of Chapter 17.12 BMC; and
4. The dwelling unit shall comply with all minimum applicable building, fire, safety and health regulations;
H. Garden supply shop (provided there is no outdoor storage of tools or equipment);
I. Hardware store (provided there is no outdoor storage or display of materials);
J. Bakery, retail;
K. Liquor sales, only as permitted by a Washington State Liquor and Cannabis Board liquor license and only in conjunction with a full-service neighborhood grocery or a family restaurant offering a wide range of menu choices and sit-down service with on-premises consumption. Any restaurant that serves alcoholic beverages shall be subject to but not limited to the following constraints:
1. Televisions that can be viewed by customers are subject to the following limitations:
a. Maximum screen size of sixty inches;
b. Maximum number of two televisions that can be viewed by customers;
2. No gaming such as pool tables, arcade games, cards, darts, or similar activities;
3. No gambling of any kind;
4. All customer areas must be open to all ages;
5. No live entertainment of any kind or any activity that would promote a nightclub-like atmosphere.
The intent of this subsection is to provide for family restaurants that may serve alcohol supplemental to meals, and prohibit any tavern, bar, or sports-bar-like atmosphere;
L. Limited banking services (provided there is no drive-up window). (Ord. 482 § 7 (Exh. A), 2022; Ord. 468 § 6 (Exh. A), 2020; Ord. 445 § 5 (Exh. E), 2017: Ord. 388 § 2(part), 2011: Ord. 376 § 1, 2010; Ord. 20.W § 14, 2001; Ord. 20.P § 1, 1996; Ord. 20.M § 11.4(part), 1991)
17.30.030 Conditional uses.
In a BN zone, the following uses are permitted only with conditional use permit approval:
A. Dwelling units, attached or detached to the principal permitted use, only when not located on the ground floor along the street front and only when used as a residence for the caretaker or resident owner of a permitted use. The ground floor front of the structure shall be reserved for commercial or office uses;
B. Offices. For the purpose of this section an office is space used primarily for on-site office work, staff meetings, client visits, and associated storage. The storage must be within the structure;
C. Permitted uses specified in BMC 17.30.020 that exceed four thousand square feet in gross floor area;
D. Coffee stands with drive-up windows;
E. The following uses when not conducted wholly within an entirely enclosed building:
1. Flower sales;
2. Outdoor seating at a restaurant, cafe, or delicatessen;
3. Produce stalls;
F. New structures;
G. Remodel that results in more than a ten percent increase in the square footage of the existing structure.
H. Permanent Supportive Housing or Transitional Housing. The dwelling unit shall comply with all of the standards in subsection A of this section and shall be limited to a maximum occupancy as follows:
1. There shall be a non-kitchen common area which shall contain a minimum of one hundred twenty square feet if the maximum occupancy under subsection (H)(3) of this section is five or fewer occupants and a minimum of one hundred fifty square feet if the maximum occupancy under (H)(3) of this section is six or more occupants.
2. Kitchens, common areas, and nonhabitable spaces shall not be used as dedicated sleeping areas.
3. The maximum occupancy of the dwelling unit shall be based on the number of bedrooms contained in the unit. Maximum occupancy shall not be more than two people per bedroom plus one additional person. However, as part of the conditional use permit process, the applicant may request to increase occupancy above this standard by an additional person for any bedroom that is one hundred seventy square feet in size or larger. (Ord. 482 § 7 (Exh. A), 2022; Ord. 475 § 6, 2021; Ord. 468 § 6 (Exh. A), 2020; Ord. 388 § 2(part), 2011: Ord. 351 § 5, 2007: Ord. 20.P § 2, 1996: Ord. 20.M § 11.4(part), 1991)
17.30.040 Prohibited uses.
All uses in the BN zone not permitted in BMC 17.30.020 or 17.30.030 are prohibited, including, but not limited to:
A. Gambling of any kind;
B. Nude or topless entertainment;
C. Rental, sale or viewing of X-rated videos; and
D. Short term rentals, as defined in BMC 17.04.040. (Ord. 468 § 6 (Exh. A), 2020; Ord. 457 § 4, 2018: Ord. 388 § 2(part), 2011: Ord. 20.P § 2, 1996: Ord. 20.M § 11.4(part), 1991)
17.30.050 Electric vehicle charging stations.
The following criteria shall be applied to electric vehicle charging stations. Administrative approval through a site plan is required.
A. Allowed as Accessory Use. Electric vehicle charging stations shall be allowed as an accessory use to any permitted or conditional use in the BN zone. Electric vehicle charging stations are reserved for parking and charging electric vehicles only. Battery exchange stations shall not be allowed.
B. Number. No minimum number of charging station spaces is required.
C. Minimum Parking Requirements. An electric vehicle charging station space may be included in the calculation for minimum required parking spaces that are required pursuant to other sections of this chapter.
D. Electrical Permit Required. Installation of electric vehicle charging stations shall meet the manufacturing and installation requirements of the equipment and/or state electrical code.
E. Signage.
1. Each charging station space shall be posted with signage indicating the space is only for electric vehicle charging purposes. Days and hours of operations shall be included if time limits or tow away provisions are to be enforced by the owner. Refer to the most recent Manual on Uniform Traffic Control Devices (MUTCD) for electric vehicles and parking signs.
2. Information about the charging station shall be provided, such as identifying voltage and amperage levels, time of use, fees, or safety information.
3. Directional signs shall be installed at parking entrances and at appropriate points to effectively guide motorists to the charging station space(s).
F. Maintenance. Charging station equipment should be maintained in all respects, including the functioning of the charging equipment. A phone number or other contact information shall be provided on the charging station equipment for reporting when the equipment is not functioning or other problems are encountered.
G. Accessibility.
1. Where charging station equipment is provided within an adjacent pedestrian circulation area, such as a sidewalk or accessible route to the building entrance, charging equipment should be located so as to not interfere with accessibility requirements of WAC 51-50-005.
2. Where electric vehicle charging stations are provided in parking lots, accessible electric vehicle charging stations shall be provided at a one to fifty ratio (one accessible station per every fifty parking spaces).
3. Accessible electric vehicle charging stations should be located in close proximity to the building or facility entrance and shall be connected to a barrier-free accessible route of travel. It is not necessary to designate the accessible electric vehicle charging station exclusively for the use of disabled persons.
H. Lighting. Where charging station equipment is installed, site lighting shall exist unless charging is for daytime purposes only.
I. Compatible Design. Design should be appropriate to the location and use. Facilities should be able to be readily identified by users but shall blend into the surrounding landscape/architecture for compatibility with the character and use of the site.
J. Charging Station Equipment Protection. Except for parallel parking stalls, adequate equipment protection, such as wheel stops or concrete-filled steel bollards, shall be used. Curbing may be used in lieu of wheel stops or bollards, if equipment is set back a minimum of twenty-four inches from the face of the curb. (Ord. 468 § 6 (Exh. A), 2020; Ord. 388 § 2(part), 2011)
17.30.060 Dimensional standards and parking.
It is the intent of the BN zone to encourage structures to maintain a continuous storefront along the street frontage, to provide adequate area for pedestrians and development of pedestrian-related activities, such as sidewalk cafes, and to provide adequate buffer to adjacent residential zones and uses. The required standards are as follows:
A. Minimum Setbacks.
1. Front yard: ten feet; provided, however, that larger setbacks may be required during design review to accommodate proposed pedestrian related activities such as sidewalk cafes;
2. Side yard: none required except that on BN lots adjacent to residential uses or residential zoned properties a side yard shall be required. The city council will establish the required setback during design review to provide ample buffer between the proposed use and residential uses; provided, however, that in no case shall a setback be permitted which violates the International Fire Code, International Residential Code, or International Building Code;
3. Rear yard: thirty feet, except that on BN lots adjacent to residential uses or residential zoned properties, larger rear yards shall be required. The city council will establish the required setback during design review to provide ample buffer between the proposed use and residential uses; provided, however, that in no case shall a setback be permitted which violates the International Fire Code, International Residential Code, or International Building Code.
B. Maximum size: The maximum size of any single neighborhood business use shall not exceed four thousand square feet in gross floor area unless conditional use permit approval is granted by the city. Multiple use development is strongly encouraged. Several uses may be combined in a single structure provided the other requirements of this section are met.
C. Maximum height: thirty feet.
D. Parking requirements: see Chapter 17.48 BMC.
E. Maximum lot coverage: seventy-five percent.
F. Landscaping requirements: see Chapter 17.50 BMC. (Ord. 482 § 7 (Exh. A), 2022; Ord. 468 § 6 (Exh. A), 2020; Ord. 442 § 3 (Exh. C), 2016: Ord. 388 § 2(part), 2011: Ord. 20.P § 3, 1996; Ord. 20.M § 11.4, 1991. Formerly 17.30.050)
17.30.070 Conditional use procedure and criteria.
A. Procedures. The procedures for processing a conditional use permit as stated in BMC 17.36.050 shall apply and govern the issuance of a conditional use permit required under this chapter.
B. Purpose. A conditional use permit is a mechanism by which the city may require special conditions on development or on the use of land in order to ensure that designated uses or activities are compatible with other uses in the same zoning district and in the vicinity of the subject property.
C. Decision Criteria. The city may approve or approve with modifications an application for a conditional use permit only if:
1. The application meets the criteria specified in BMC 17.36.050(B); and
2. The proposed development will not be materially detrimental to the surrounding properties or to the community as a whole; and
3. The proposed development is consistent with the city’s comprehensive plan and all other applicable regulations of the city; and
4. The proposed development will be compatible with nearby residential uses; and
5. The proposed development will be served by adequate public facilities, including streets, fire protection, and utilities; and
6. Potential negative impacts of the development that require mitigation as specifically identified during hearing and review, including but not limited to noise, light and glare, removal of trees and landscaping, etc., and which are not otherwise covered by SEPA environmental review, may be made a condition of approval.
7. The proposed development is consistent with the public health, safety and welfare.
D. In addition to the criteria above, the proposed development shall be reviewed and conditioned as necessary based on the following:
1. Vehicle access shall be located and designed to utilize existing major traffic streets as classified in the transportation element of the Brier comprehensive plan, maintain continuous store fronts, minimize impacts to residential streets and properties, avoid safety hazards associated with sight distance and proximity to intersections, and minimize the number of access points while providing efficient and safe circulation for pedestrians and customers, delivery and emergency vehicles. Access points shared by adjacent commercial developments shall be utilized where possible;
2. Traffic shall be analyzed to consider its impact on local residential streets and intersections. A traffic analysis may be required;
3. Parking shall be shielded from view from adjacent property and streets through landscaping of sufficient capacity consistent with Chapter 17.50 BMC; and lighting shall comply with Chapter 8.32 BMC;
4. Loading facilities shall be provided at the rear of the building and shall be shielded from view;
5. All operations conducted on the premises shall not be objectionable beyond the property boundary lines by reason of lighting, glare, noise, steam, odor, fumes, gases, smoke, vibration, or electrical interference; and
6. Ample landscaped buffer consistent with Chapter 17.50 BMC shall be provided between commercial and residential uses and zones as deemed necessary to maintain privacy for the residential uses and protect the residences against light, noise, visual, odor and other impacts. (Ord. 482 § 7 (Exh. A), 2022; Ord. 468 § 6 (Exh. A), 2020; Ord. 388 § 2(part), 2011: Ord. 20.W § 15, 2001; Ord. 20.M § 11.4(part), 1991. Formerly 17.30.060)