Chapter 18.120


18.120.010    Purpose of zone.

18.120.020    Permitted uses.

18.120.030    Limitations on permitted uses.

18.120.035    Hazardous waste and hazardous substances.

18.120.040    Permissible floor area.

18.120.050    Height.

18.120.060    Required open spaces.

18.120.080    Internal walkways.

18.120.010 Purpose of zone.

The purpose of this zone and its application is to provide for the location of and grouping of enterprises which may involve some on-premises retail service but with outside activities and display or fabrication, assembling, and service features, including manufacturing and processing in limited degree, and which uses, if permitted to locate in strictly on-premises retail and service areas, would introduce factors of heavy trucking and handling of materials that destroy the maximum service and attraction of strictly retail areas. The uses enumerated in this zone are considered as having common or similar performance standards in that:

(1) They are heavier in type than those uses permitted in the strictly Commercial Zones and yet are measurably lighter uses than those first permitted in the Business Park Zones;

(2) They do not attract nor depend upon individual and personal patron contact on the premises to the same degree as do uses in strictly retail and service areas but, rather, represent in part enterprises whose services are either performed away from the premises and throughout the metropolitan area or enterprises in which the manufacturing, assembling, processing, or treating of products is not accessory or limited to products sold on the premises only as is required in retail and service areas;

(3) They can more advantageously use the standard lot and street pattern than can strictly industrial uses;

(4) They involve a greater handling of materials and commodities and more trucking than uses permitted in a strictly retail area, but do not require large sites nor involve as much handling of materials and commodities or heavy trucking as uses first permitted in strictly industrial areas;

(5) They are not as detrimentally affected by dispersal or separation from adjoining uses as are enterprises which are retail in nature and which need to be located in compact areas for convenient patron access;

(6) They do not normally involve as intensive use of land as uses comprising retail shopping areas;

(7) They frequently involve activities carried on outside of buildings;

(8) By reason of technological processes, equipment, materials used, outside activities or size or volume of products, a given type of enterprise may, under various names, represent extremes that necessitate different zone. For this reason a clearer identification of uses permitted in this zone is accomplished by naming typical uses to further indicate the type and grouping of uses allowed, as well as by establishing performance standards. [Ord. 1591 § 281, 2014.]

18.120.020 Permitted uses.

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

(1) Any use permitted in the N-C and B-C Zones, except:

(a) Churches;

(b) Private clubs, fraternal societies, fraternities, sororities, and lodges, except those the chief activity of which is a service customarily carried on as a business; however, any use permitted to locate in a B-C Zone which is subject to restrictions as to location with reference to schools, parks, and playgrounds, and any use requiring a conditional use permit shall be subject to the same restrictions and limitations in this zone;

(2) Assembly of appliances, such as:

(a) Electronic instruments and devices;

(b) Radios, phonographs, and televisions, including manufacture of small parts, such as coils;

(3) Ambulance service;

(4) Auction houses or stores, but excluding vehicles and livestock;

(5) Automobile laundries;

(6) Automobile sales, new and used;

(7) Automobile trailer sales, new and used;

(8) Blueprinting and photostating;

(9) Boat building for craft not exceeding 48 feet in length;

(10) Boat sales, new and used;

(11) Boat repairs;

(12) Bookbinding;

(13) Building materials stores and yards, retail only; provided, any required wall on a property line common with residential property shall be not less than eight feet in height;

(14) Cabinet shop or carpenter shop;

(15) Ceramic products, manufacture of, including figurines (but not including bricks, drain, building, or conduit tile), using only previously pulverized clay and batch kilns as distinguished from shuttle, tunnel, or beehive kilns, and such batch kilns shall not exceed a total capacity of 130 cubic feet;

(16) Distribution centers for home deliveries (storage and loading of retail delivery trucks from underground fuel storage);

(17) Electric or neon sign manufacturing, servicing, and repairing;

(18) Fix-it shops;

(19) Frozen food or cold storage lockers;

(20) Furniture repair;

(21) Garages, public (including repairing and storage when in an entirely enclosed building);

(22) Glass edging, beveling, and silvering in connection with the sales of mirrors and glass-decorated furniture;

(23) Glass studios – stained, etc.;

(24) Kennels, commercial, provided all run areas shall be completely surrounded by an eight-foot solid wall or fence;

(25) Laboratories;

(26) Machine shop, no automatic screw machines, or punch press over five tons;

(27) Moorage, commercial boat, including repairing;

(28) Paint shop (painting contractor);

(29) Parcel service delivery;

(30) Printing establishments;

(31) Plumbing shops;

(32) Saw and filing shops;

(33) Storage and handling of household goods;

(34) Tire rebuilding, recapping, and retreading;

(35) Upholstery, custom work;

(36) Wholesale business and accessory storage;

(37) Accessory buildings and uses customarily incident to any of the above uses when located on the same site with the main building;

(38) Other similar commercial and industrial enterprises or businesses after classification as set forth in DMMC 18.05.110;

(39) Planned unit development as provided in chapter 18.230 DMMC;

(40) Mixed uses, subject to an unclassified use permit;

(41) Automobile service stations. [Ord. 1591 § 282, 2014.]

18.120.030 Limitations on permitted uses.

Every use permitted shall be subject to the following conditions and limitations:

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

(2) In the case of automobile service stations, the leading edge of the pump islands shall not be closer than 15 feet to any street property line;

(3) If a building site has a boundary line which is a common property line with residential property, then on such common line a wall or view-obscuring fence or hedge not less than five feet in height shall be installed and maintained for screening purposes and controlling access. Where the wall of a building is on a common line, no separate wall or fence need be installed along that portion occupied by the building;

(4) Adult entertainment facilities shall not be permitted in the C-G Zone;

(5) Adult motion picture theaters shall not be permitted in the C-G Zone. [Ord. 1591 § 283, 2014.]

18.120.035 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 is 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 § 284, 2014.]

18.120.040 Permissible floor area.

The maximum permitted floor area to be contained in all buildings on a lot in a C-G Zone shall not exceed three and one-half times the square foot area of the lot. [Ord. 1591 § 285, 2014.]

18.120.050 Height.

In a C-G Zone no building or structure shall exceed a height of 35 feet. [Ord. 1591 § 286, 2014.]

18.120.060 Required open spaces.

Additional open spaces, both as to amount and location on the premises may be required in connection with an unclassified use permit, variance, or planned unit development to apply the established requirements of this and other related codes pertaining to such subjects as off-street parking, loading areas, convenient and safe circulation of vehicles and pedestrians, ingress and egress as related to the marginal traffic pattern, vision clearance (traffic), drainage, and lighting.

Placement of buildings and structures including additions to existing buildings or structures, excluding signs, shall maintain minimum setbacks established by the Planning, Building and Public Works Director 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 18.94 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 § 287, 2014.]

18.120.080 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(s) as hereinafter provided. 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(s) 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. Provision 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 § 288, 2014.]