Chapter 21.44
PUBLIC AND SEMI-PUBLIC ZONE

Sections:

21.44.050    Purpose.

21.44.100    Uses allowed.

21.44.103    Uses prohibited in the public zones.

21.44.105    Project design review.

21.44.110    Repealed.

21.44.200    Development standards.

21.44.210    Repealed.

21.44.220    Repealed.

21.44.250    Development standards for park facilities.

21.44.400    Accessory structures.

21.44.500    Signs.

21.44.900    Other regulations.

21.44.050 Purpose.

This classification is intended to provide for nonresidential uses of a public or quasi-public nature to be located in or near residential areas and to establish standards which will minimize the impact of the nonresidential use on nearby properties. Whereas nonresidential uses are ordinarily prohibited in single-family residential zones in the public interest, it is the intent of this classification that instead of such nonresidential uses being excluded the public interest will be best served by development standards which minimize or eliminate completely any undesirable effects of the nonresidential uses on existing homes. Also, it is intended that the provisions of this chapter will prevent future development in the area from being influenced towards a type of development contrary to that shown on the adopted comprehensive plan, with the result that the residential character will be preserved in the neighborhoods where this zone is established. Development in this zone may be undertaken through the actions of private or public entities or through a collaborative venture. (Ord. 3217 § 1, 2016; Ord. 2441 § 13, 2003; Ord. 2020 § 18, 1994; Ord. 470 § 2, 1969)

21.44.100 Uses allowed.

A. Permitted Uses (and Accessory Uses As Determined by the Community Development Director).

1. Residential Uses. All uses which are permitted in the RS-8 single-family residential zone are permitted.

2. Institutional Uses. The following uses are permitted, subject to the standards of this chapter:

a. Churches;

b. Private or semiprivate memorial buildings;

c. Community clubhouses, convention centers, public golf courses, and accessory uses;

d. Art galleries, libraries, and museums;

e. Private and public schools, universities and colleges;

f. Child day care;

g. Public parks, playgrounds, and schools;

h. Municipal buildings, including fire stations, and performance arts facilities, as well as any accessory building, related to a municipal use;

i. Clubs or fraternal societies;

j. Transit center;

k. Park-and-ride lots; and

l. Existing wastewater treatment plant.

B. Conditional Uses.

1. All uses permitted through the issuance of a conditional use permit in the RS-8 zone, except as amended by this section;

2. Charitable, nonprofit or social service organizations other than those uses specifically allowed as a permitted use;

3. Medical facilities, including hospitals, convalescent homes and medical or dental clinics; and

4. Expansion or major alteration of an existing wastewater treatment plant.

C. Factors for Consideration for Proposed Conditional Uses. In considering any conditional use permit application, the hearing examiner shall consider all factors relevant to the public interest including, but not limited to:

1. Consistency of the proposal with the comprehensive plan and with the purpose of the P-1 zone as stated in LMC 21.44.050, especially discouraging activities of a commercial or industrial nature, whether public or private;

2. Impact of the proposal on the visual and aesthetic character of the neighborhood;

3. Impact of the proposal on the distribution, density or growth rate of the population in the neighborhood;

4. Orientation of facilities to developed or undeveloped residential areas;

5. Preservation of natural vegetation and other natural features;

6. Hours of operation;

7. Ability to provide adequate on-site parking;

8. Traffic impacts of the proposal on the neighborhood; and

9. Conformance of the proposal with the city noise ordinance, Chapter 10.12 LMC.

Whenever the proposed use involves occupying a partially or totally vacant school, the applicant must demonstrate that the proposed use will have no greater impacts than the use for which the facility was first designed.

D. Exemption from Conditional Use Permit Application Process. Some limited expansion of uses and structures of existing uses at the Lynnwood wastewater treatment plant may be approved for exemption from the conditional use permit process by the community development director if the proposed alteration meets the following criteria:

1. The alteration does not expand the treatment capacity of the plant.

2. The alteration does not result in a significant increase in noise, odor, traffic, or visual impact.

3. Any proposal to add accessory structures does not result in the addition of more than 500 square feet of building coverage. (Ord. 3283 § 7, 2018; Ord. 3217 § 2, 2016; Ord. 3047 § 4, 2014; Ord. 2583 § 1, 2005; Ord. 2441 § 13, 2003; Ord. 2390 § 1, 2001; Ord. 2020 § 18, 1994; Ord. 1455 § 1, 1985; Ord. 1309 § 1, 1983; Ord. 1209 § 1, 1982; Ord. 470 § 2, 1969)

21.44.103 Uses prohibited in the public zones.

A. Retail sales, production and processing of marijuana and/or marijuana-infused products.

B. Medical marijuana collective gardens.

C. Supervised drug consumption facilities. (Ord. 3305 § 5, 2018; Ord. 3136 § 4, 2015)

21.44.105 Project design review.

A. Design Guidelines for Nonresidential Uses. The following structures and parking facilities permitted outright or by conditional use permit in the public and semi-public zone shall comply with Lynnwood Citywide Design Guidelines for All Districts and Commercial Districts, as adopted by reference in LMC 21.25.145(B)(3), and receive approval pursuant to Chapter 21.25 LMC, unless otherwise specified in this chapter:

1. Construction of any nonresidential structure or building with a gross floor area of more than 1,000 square feet.

2. Construction of any parking lot and/or parking structure with 20 or more stalls or paved parking area of 5,400 square feet or more.

B. Design Guidelines for Multiple-Family Uses. Construction of any multiple-family structure or building including duplexes (two-family dwellings) permitted outright or by conditional use permit in the public and semi-public zone shall comply with Lynnwood Citywide Design Guidelines for All Districts and Multi-family Districts, as adopted by reference in LMC 21.25.145(B)(3), and receive approval pursuant to Chapter 21.25 LMC, unless otherwise specified in this chapter.

C. Supersede. Applicable Lynnwood Citywide Design Guidelines, as adopted by reference in LMC 21.25.145(B)(3), shall supersede any development standards and requirements of this chapter that may conflict, unless otherwise specified in this chapter.

D. Gateways and Prominent Intersections. See city of Lynnwood zoning map to identify development project sites within a gateway or prominent intersection location. Such sites shall be subject to applicable gateway and/or prominent intersection design guidelines identified in the All Districts section of the Lynnwood Citywide Design Guidelines, as adopted by reference in LMC 21.25.145(B)(3). If any portion of a project site lies within a gateway or prominent intersection location, then the entire project shall comply with the applicable design guidelines. (Ord. 2441 § 13, 2003; Ord. 2388 § 22, 2001)

21.44.110 Limitations on use.

Repealed by Ord. 2388. (Ord. 2020 § 18, 1994; Ord. 1309 § 1, 1983; Ord. 1209 § 2, 1982; Ord. 470 § 2, 1969)

21.44.200 Development standards.

All uses permitted in the RS-8 zone shall be subject to RS-8 regulations. All other uses shall be subject to the regulations in this section.

A. Minimum Setbacks. There shall be a minimum setback for nonresidential buildings of 15 feet from any public street and 50 feet from any property line adjoining a single-family residential zone or use. The setback from any other property line shall be 25 feet. These setbacks shall be increased by one foot for each foot of height exceeding 45 feet, measured from the lowest ground elevation at the foundation to the ceiling of the highest story occupied.

B. Height. The height of buildings is not restricted; provided, that setbacks are increased with increased height in accordance with the setback regulations.

C. Lot Coverage. All buildings, including accessory buildings, shall not cover more than 35 percent of the area of the lot. (Ord. 2388 § 24, 2001; Ord. 2020 § 18, 1994; Ord. 470 § 2, 1969)

21.44.210 Additional development standards.

Repealed by Ord. 3326. (Ord. 2441 § 13, 2003; Ord. 2388 § 25, 2001; Ord. 2020 § 18, 1994; Ord. 1770 § 12, 1990; Ord. 1472 § 2, 1985; Ord. 1461 § 1, 1985; Ord. 1424 § 1, 1984; Ord. 1253 §§ 1, 2, 1982; Ord. 1241 § 1.2, 1982; Ord. 575 § 1, 1970; Ord. 489 § 1, 1969; Ord. 470 § 2, 1969; Ord. 386 § 1, 1968)

21.44.220 Transition or buffer strips.

Repealed by Ord. 3326. (Ord. 2699 § 31, 2007; Ord. 2451 § 2, 2003; Ord. 2441 § 13, 2003; Ord. 2388 § 26, 2001; Ord. 2020 § 6, 1994; Ord. 1881 § 4, 1992; Ord. 1790 §§ 1, 2, 3, 1990; Ord. 1781 § 2, 1990; Ord. 1474 §§ 1, 2, 1985; Ord. 1465 § 3, 1985; Ord. 1257 § 6, 1982; Ord. 1036 § 3, 1979; Ord. 888 §§ 1, 2, 3, 1976; Ord. 670 § 1, 1972; Ord. 575 § 1, 1970; Ord. 489 § 1, 1969; Ord. 470 § 2, 1969; Ord. 464 §§ 1, 2, 1969; Ord. 386 §§ 2, 3, 1968; Ord. 383 § 3, 1968; Ord. 190 Art. X §§ 10.6, 10.7, 1964)

21.44.250 Development standards for park facilities.

A. Buildings and structures at properties designated “Parks, Recreation, and Open Space” on the future land use plan map of the comprehensive plan shall be subject to the development standards in LMC 21.44.200; provided, that the community development director may authorize a reduction in the minimum setback from a public street to the following:

1. Structures and buildings no more than one story in height and with a gross floor area of 1,000 square feet or less: 10 feet.

2. Structures and buildings either more than one story in height or with a gross floor area greater than 1,000 square feet (or both): 15 feet.

3. Provided, that the director finds:

a. The standards in LMC 21.44.200 would not allow use of a building or structure in the park as that building or structure is intended to be used; and

b. Use of the building or structure would not adversely affect adjoining properties.

B. Notice of such approval shall be mailed to owners of property that adjoin the site of the proposed building or structure. Approval of a building or structure under this section may be appealed within 14 calendar days of issuance of a determination under this section using Process II. The date of issuance shall be three days following the date of mailing of the notice. (Ord. 2441 § 13, 2003; Ord. 2388 § 27, 2001; Ord. 2240 § 2, 1999)

21.44.400 Accessory structures.

A. Solar Energy Systems. The use of solar energy systems can be an effective and efficient method for producing energy and reducing energy consumption. The majority of residential structures within Lynnwood were constructed before solar energy systems became a viable means for producing energy, thus lot yard setbacks and height restrictions do not take such systems into account. The city of Lynnwood finds that it is in the best public interest to encourage solar energy systems. If it is found that a solar energy system would have a positive impact on energy production and conservation while not having an adverse environmental impact on the community, but the placement of such system requires violation of city setback or maximum height limitations, allowance of such systems may be permitted through the variance process and shall be encouraged. In viewing such variance request, the following shall be considered in making a determination:

1. That the solar energy system has a net energy gain;

2. That the solar energy system is designed to minimize glare towards vehicular traffic and adjacent properties;

3. That the solar energy system not adversely affect solar access to adjacent properties;

4. That the solar energy system comply with all other city zoning, engineering, building, and fire regulations; and

5. That the solar energy system is found to not have any adverse impacts on the area, which impacts shall include, but not be limited to, the effects of such system upon the views from neighboring properties and public ways.

In order to show that the proposed energy system will conform to the above, the applicant shall be required to submit a site plan and elevations showing the location, size, and dimensions of the solar energy system and its relation to all adjacent properties. Care shall be taken to insure that the design, materials used, and colors architecturally blend in with the existing structure. The city may require that the site plan and elevations and/or energy saving calculations be prepared by an engineer, architect or builder specializing in solar energy construction.

B. Heat Pumps. The use of heat pumps also may be an effective and efficient method for reducing energy consumption. The majority of residential structures were constructed before heat pumps became a viable means for reducing energy consumption, thus lot yard setbacks did not take them into account. In some instances the only and/or the best location of a heat pump will not comply with the minimum five-foot setback from all property lines. Heat pumps within the five-foot setback may be permitted through the variance process. In order for any such variance to be granted, it must be found that:

1. The heat pump does not exceed the applicable dba noise level at the property line;

2. The heat pump does not cause an adverse environmental impact; and

3. The proposed location is the more desirable in lieu of the minimum five-foot setback. Supporting documentation shall be provided by an individual knowledgeable of heat pump operation and installation. (Ord. 2441 § 13, 2003)

21.44.500 Signs.

See LMC 21.16.300 for sign regulations. (Ord. 2441 § 13, 2003; Ord. 2310 § 38, 2000)

21.44.900 Other regulations.

A. Refuse and Recycling Collection Areas and Enclosures. On-site paved and enclosed refuse and recycling collection areas shall be provided on sites where new buildings are being constructed or existing buildings are being remodeled or expanded, and shall comply with the requirements of this section. One-family dwelling units, two-family dwelling units, and public parks are exempt from the requirements of this section.

1. Development Standards. Refuse and recycling collection areas in the public and semi-public zone shall comply with the development standards below. The following development standards shall supersede other applicable setback requirements of this chapter and any applicable Lynnwood Citywide Design Guidelines, as adopted by reference in LMC 21.25.145(B)(3), that may conflict:

a. Set back a minimum of 25 feet from a public street;

b. Set back a minimum of 25 feet from any interior property line adjoining an RS or RM zone or a P-1 zone with one-family dwelling units if a business site is one acre or larger in area; or

c. Set back a minimum of 15 feet from any interior property line adjoining an RS or RM zone or P-1 zone with one-family dwelling units if a business site is less than one acre in area.

2. Enclosure. All refuse and recycling collection areas shall be enclosed on three sides by a six-foot-high site-obscuring fence which uses building materials, color, and design details similar to the primary buildings on the site and a six-foot-high gate on one side. The height of the enclosure may include the height of a surrounding slope or berm (height measured from bottom inside edge of the collection area). The enclosure shall include a gate which can be secured in an open or closed position. If the enclosure includes a gate made of metal chain link fencing, the fencing shall contain slats which screen the view of containers and material inside the collection area. An alternative design may be approved if it is determined that such alternative would provide equal or better screening, architectural compatibility, and containment.

3. Parking. No refuse and recycling collection area shall be located in such a way that new or existing parking stalls will prevent or interfere with the use and servicing of the collection area.

4. Design. Refuse and recycling collection areas shall be sized, located, and constructed per standards established by the public works department. (Ord. 2441 § 13, 2003; Ord. 2388 § 28, 2001; Ord. 2020 § 18, 1994; Ord. 1911 § 2, 1992)