Chapter 18.100


18.100.010    Purpose of zone.

18.100.020    Permitted uses.

18.100.030    Limitations on uses.

18.100.040    Uses requiring conditional use permit.

18.100.050    Uses requiring unclassified use permit.

18.100.055    Hazardous waste and hazardous substances.

18.100.060    Permissible floor area.

18.100.070    Height.

18.100.080    Landscaping required.

18.100.090    Placement of buildings and structures.

18.100.100    Internal walkways.

18.100.010 Purpose of zone.

The purpose of the Business Commercial Zone is to strengthen and preserve the area referred to as “downtown” for retail, office, service, financial, and commercial operations that serve the community trading area and tourists. It is further the purpose of this zone to ensure compact, convenient development patterns by improving pedestrian access and amenities, to permit uses which are primarily pedestrian-oriented and which increase public enjoyment of the Commercial Zone. [Ord. 1591 § 246, 2014.]

18.100.020 Permitted uses.

The following uses only are permitted, and as specifically provided and allowed by this chapter:

(1) Administrative, professional, and business offices;

(2) Accredited or licensed schools and studios for education or self-improvement;

(3) General merchandise stores, such as catalogue sales stores, clothing and shoe stores, department stores, drug stores, hardware stores, antique stores, dry goods or notions stores, secondhand stores, sporting goods, and variety stores;

(4) Food and beverage establishments such as bakeries, candy stores, delicatessens, ice cream stores, grocery stores, liquor stores, meat and fish markets;

(5) Specialized stores, such as bicycle, book, stationery, computer, florist, gift, jewelry, hobby, toy, and pet stores;

(6) Restaurants, cocktail lounges, and taverns;

(7) Public parks;

(8) Government facilities;

(9) Private lodge, clubs, and fraternal societies;

(10) Public office buildings, art galleries, museums, libraries, and cultural uses;

(11) Public off-street parking facilities, for private passenger cars;

(12) Public transit shelters when they will not unreasonably impede pedestrian movement or create traffic safety problems;

(13) Financial services, such as finance offices, insurance offices, real estate offices, and social service agencies;

(14) Personal services such as barber shops, beauty shops, photographic studios, tailor shops, travel agencies, shoe repair, laundry, and dry cleaners;

(15) Banks;

(16) Light manufacturing, sales, and repair of accessories for boats (such as boat covers, sails, flags, pennants, upholstery, and the like). [Ord. 1591 § 247, 2014.]

18.100.030 Limitations on uses.

Limitations on permitted uses in a B-C Zone are as follows:

(1) Accessory uses are permitted that are customarily appurtenant or incidental to the principally permitted uses such as:

(a) Signs as regulated in chapter 18.200 DMMC;

(b) Antenna systems, subject to the conditions set forth in DMMC 18.52.010B(6).

(2) All uses permitted in this zone shall be contained wholly within an enclosed structure except:

(a) Eating establishments when space for public service is contained within the boundary of the building site and does not obstruct vehicular movement;

(b) Signs;

(c) Parking and loading facilities;

(d) Outdoor displays when contained within the boundary of the building site and do not obstruct vehicular or pedestrian movement;

(e) Outdoor activities which comply with all of the following:

(i) No more than 15 percent of the building site is occupied by outdoor activity;

(ii) The outdoor activity is enclosed by a sight-obscuring fence and/or landscape screen; and

(iii) The entire outdoor activity is located between the lot rear line and the primary structure on the site.

(3) Drive-in and drive-through facilities are not permitted in the B-C Zone.

(4) All uses shall conform to the general provisions and exceptions of off-street parking requirements and loading area requirements set forth in this Title beginning with chapter 18.210 DMMC.

(5) All products made incident to a permitted use which are manufactured, processed or treated on the premises shall be sold only at retail.

(6) Except for the repair of accessories for boats, 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 30 percent of the total floor area occupied by the particular enterprise, except that the limitations of this paragraph shall not apply to shoe repair, tailor services, watch repair, repair of accessories for boats, and similar establishments.

(7) 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 and shall not exceed 30 percent of the total floor area occupied by the particular enterprise.

(8) Adult entertainment facilities shall not be permitted in the B-C Zone.

(9) Adult motion picture theaters shall not be permitted in the B-C Zone.

(10) Use of cleaning agents shall be limited to nonflammable and nonexplosive fluids with a flash point above 138 degrees Fahrenheit in a closed safety cleaning system.

(11) All operations conducted on the premises shall not be objectionable beyond the property boundary lines by reason of noise, odor, fumes, gases, smoke, steam, vibration, hazard, or other causes. Any use the operation of 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 any rules and regulations established by any regulatory agency by appropriate authority. [Ord. 1591 § 248, 2014.]

18.100.040 Uses requiring conditional use permit.

The following uses may locate in a B-C Zone subject to issuance of a conditional use permit as provided in the Hearing Examiner code:

(1) Animal hospital services and veterinarian services; provided, that no outside runs or animal storage will be permitted in this zone, such use shall not be located in a mixed use structure, any buildings or structures or portion thereof used to house animals shall be soundproofed, designed by a qualified acoustical engineer, and there shall be no burning of refuse or dead animals;

(2) Public utilities, except distribution centers, warehouses, and storage or service yards; provided, that such uses are consistent with the intent of this zone;

(3) Day care centers and mini-day care programs:

(a) Minimum lot: 10,000 square feet;

(b) Front Yard. There shall be a front yard of at least 20 feet minimum depth;

(c) Side Yard. Each side yard shall be a minimum of eight feet width;

(d) Rear Yard. The rear yard shall be at least 20 feet minimum depth;

(e) State licensing standards for such facilities, chapter 388-73 WAC, shall be met;

(f) Ingress and Egress. A separate entrance and exit shall be provided. Loading and unloading areas shall be provided and shall be located off the public street;

(g) Landscaping. Landscaping shall be provided to a minimum width of eight feet along property line abutting residential uses;

(4) Other conditional uses as listed in DMMC 18.140.060 and in accordance with chapter 18.140 DMMC. [Ord. 1591 § 249, 2014.]

18.100.050 Uses requiring unclassified use permit.

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

(1) Commercial recreation areas, or amusement uses;

(2) Commercial parking lot;

(3) Mixed uses;

(4) Supermarkets;

(5) Other uses requiring an unclassified use permit as itemized in DMMC 18.140.050 and as otherwise provided in chapter 18.140 DMMC. [Ord. 1591 § 250, 2014.]

18.100.055 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 18.01.100 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 Planning, Building and Public Works 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. 1591 § 251, 2014.]

18.100.060 Permissible floor area.

The maximum permitted floor area to be contained in all buildings on a lot in a B-C Zone shall not exceed three times the area of the lot. [Ord. 1591 § 252, 2014.]

18.100.070 Height.

In a B-C Zone no building or structure shall exceed a height of 35 feet. For the purposes of this section, building height shall mean the vertical distance from median sidewalk grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the highest gable of a pitch or hip roof. [Ord. 1591 § 253, 2014.]

18.100.080 Landscaping required.

Landscaping in a B-C Zone shall be provided pursuant to chapter 18.195 DMMC. [Ord. 1591 § 254, 2014.]

18.100.090 Placement of buildings and structures.

Placement of buildings and structures, including additions to existing buildings or structures, but excluding signs, shall maintain minimum setbacks established by the Planning, Building and Public Works Department based on the following criteria:

(1) 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:

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

(b) Through the permitting process, the Planning, Building and Public Works 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 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 18.240 DMMC.

(2) 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. [Ord. 1591 § 255, 2014.]

18.100.100 Internal walkways.

In order to encourage safe pedestrian circulation through the siting of buildings, walkways shall be constructed on each property being newly developed or materially remodeled, enlarged, or repaired to the extent of 50 percent of the value of the existing structure as provided in this chapter. In the case of a series of additions, alterations, or repair projects, this section shall become effective at the point where in any three-year period the cumulative value of additions, alterations, or repairs exceeds 50 percent of the value of the structure at the time such additions, alterations, or repairs are commenced.

(1) Walkways Around Buildings. Pedestrian walkways shall be provided at or around the building(s) of sufficient extent to provide safe pedestrian passage; provided, however, where no side or rear yard exists no walkway will be required along those portions of the building abutting the lot line. A minimum six-foot walkway shall be required adjacent to the principal entrance to the building(s).

(2) Street Sidewalk Connections. A minimum six-foot pedestrian walkway shall be provided which connects walkways at the building to street sidewalks. Where no street sidewalk exists, the connecting walk shall extend to the street right-of-way.

(3) Connection to Adjoining Properties. Walkways shall be provided which connect to adjoining properties in locations on, or as near as possible to, desired lines of pedestrian traffic in accordance with the comprehensive walkway plan. A minimum six-foot walkway shall be required between adjacent building fronts. Alternate routes or branch connections to perimeter or other walkways shall be a minimum of five feet in width.

(4) Coordination with Circulation System. All such required pedestrian walks shall be located and constructed as an integral part of the total coordinated pedestrian circulation system.

(5) Design Standards.

(a) Surface. Walkways shall be paved with hard-surfaced material such as concrete, stone, brick, tile, etc. Walkways shall be clearly defined and differentiated from parking and vehicle circulation areas by use of contrasting paving, such as white concrete in an asphalt area, visually obvious paint stripes, or other clearly defined pattern. Where paint is used, the property owner shall be responsible for maintaining the paint to achieve the intent of this section.

(b) Stairs. Where stairs are employed, the riser to thread proportion shall be designed to normal stair standards or be clearly monumental in proportion. Handrails shall be provided where the number of risers or adjoining grade difference requires the protection afforded by rails, as determined by the Planning, Building and Public Works Director. Any flight of stairs within 15 feet of any other flight of stairs, if it is on a pedestrian route, shall have the same riser and thread dimensions.

(c) Lighting. Night lighting shall be provided where stairs, curbs, ramps, or abrupt changes in walkway direction occur. Light fixtures shall not exceed a height of 14 feet. Provisions of special accent or feature lighting is encouraged.

(d) Covering. Walks should be covered by marquees or other roof structures where possible and practical. Roofed and walled passageways between or through buildings shall be ample in width, as determined by the Planning, Building and Public Works Director (width as proportioned to length) and night lighted. [Ord. 1591 § 256, 2014.]