Chapter 21.46
COMMERCIAL ZONES

Sections:

21.46.050    Purpose.

21.46.100    Permitted structures and uses.

21.46.103    Uses prohibited in the commercial zones.

21.46.105    Project design review.

21.46.110    Limitations on uses – General.

21.46.111    Limitation on uses – Auto-oriented uses.

21.46.112    Repealed.

21.46.113    Repealed.

21.46.114    Limitations on uses – Medical uses.

21.46.115    Limitations on uses – Office uses.

21.46.116    Limitations on uses – Residential uses.

21.46.117    Limitations on uses – Retail uses.

21.46.118    Limitations on uses – Light industrial uses.

21.46.119    Limitations on uses – Other uses.

21.46.120    General commercial area for controlled uses.

21.46.130    Repealed.

21.46.150    Accessory structures and uses.

21.46.200    Development standards.

21.46.210    Additional development standards.

21.46.212    Repealed.

21.46.220    Repealed.

21.46.230    Repealed.

21.46.500    Repealed.

21.46.510    Repealed.

21.46.900    Other regulations.

21.46.910    Repealed.

21.46.050 Purpose.

A. General. The purpose of the regulations set forth in this chapter are:

1. To regulate the location, height, bulk, and size of buildings constructed for business and commercial uses, thereby assuring adequate light and air in commercial zones;

2. To provide a range of use zones of varying degrees of restrictiveness in the types of businesses permitted; thereby providing for the development of shopping centers and the various other types of businesses and/or commercial areas;

3. To facilitate the economical provision of utilities; to provide for convenient, efficient, and safe access to commercial zones by vehicles, and by pedestrians; and

4. To encourage general improvement of the appearance of commercial areas.

It is further intended that the establishment of several zones for business and commercial uses, differentiated by the types of business uses permitted and by the height and character of structures allowed, will provide additional protection for residential areas wherever they exist in close proximity to business zones, excluding in such transitional areas those uses which would be detrimental to nearby residences by reason of traffic generation or other characteristics of the business.

B. Individual Zones. The purposes of the individual zones are as follows:

1. Neighborhood Commercial (NC). The Neighborhood Commercial zone is intended to provide for compatible retail, professional, and personal service uses, and offices and services including municipal services of not more than two stories which generally serve the everyday needs of the residents of the surrounding neighborhood. Multifamily residential units may be permitted on select NC parcels subject to location (Figure 21.46.1). Neighborhood Commercial zones should be located:

a. To provide for neighborhood commercial centers at appropriate locations along arterial streets within residential areas;

b. To preserve existing neighborhood commercial centers which are at appropriate locations within residential areas, but which may not be located along an arterial street; or

c. As a transition zone between residential zones and more intensive commercial zones.

The boundaries between Neighborhood Commercial zones and adjacent residential zones should be well defined and have significant buffering standards to discourage encroachment into and/or degradation of those residential zones. The size of individual zones should be scaled to the intensity of residential development in the area.

2. General Commercial (CG). The purpose of the General Commercial zone is to provide for a variety of commercial, retail, and other uses, including municipal services. These uses are primarily related to auto borne clientele, rather than pedestrian clientele. It is further intended that certain uses which have been heretofore been permitted but which are more of an industrial nature shall be allowed only by a conditional use permit thereby providing that the existing establishments shall not be nonconforming but any new establishments may be confined to appropriate locations. With the expansion of the bus system serving Highway 99, the location of multiple-family residential housing in the vicinity of the highway allows the opportunity to create a more sustainable environment. Multiple-family housing on sites on specified parcels within the Highway 99 corridor as designated on the city of Lynnwood future land use map allows compact multiple-family residential development a walkable distance from convenience retail with goods and services and reduces single-vehicle trips due to the availability of transit.

3. Planned Commercial Development (PCD). The Planned Commercial Development zone is intended to allow and encourage the controlled development of commercial uses and services, including municipal services in areas where, because of traffic flows, adjacent uses or other land use factors, conventional commercial development and other alternative land uses are not desirable. It is intended that the PCD zones may be located adjacent to existing planned regional shopping centers, major highways or industrial and business park developments where appropriate, but not adjacent to single-family residential neighborhoods as designated by the comprehensive plan. The purpose of the zone is to allow the planned commercial development of contiguous parcels under multiple ownerships with a degree of coordination and control not possible under other zoning classifications.

Property may only be reclassified to PCD after the comprehensive plan has been amended to designate the area as appropriate for the PCD zone. A design concept for the area included in each PCD zone shall be developed simultaneously with a proposal for amending the comprehensive plan to allow PCD in that zone. The design concept shall indicate major circulation and utility proposals for the zone. Consideration shall be given to internal and external vehicular and pedestrian circulation. The primary purpose of the design concept is to allow advance consideration of coordinated development of parcels in the zone. The design concept shall consist of a site plan and textual guidelines for development of the specific zone. The textual guidelines shall be developed to address specific concerns or attributes of the individual zone which may not be adequately dealt with in the zoning code. (Ord. 3258 § 6, 2017; Ord. 3233 § 3, 2016; Ord. 3023 § 1, 2013; Ord. 3010 § 5 (Exh. A), 2013; Ord. 2441 § 14, 2003; Ord. 2020 § 19, 1994; Ord. 1963 § 3, 1993; Ord. 1880 §§ 1 – 7, 1992; Ord. 1686 § 1, 1989; Ord. 1448 § 1, 1985; Ord. 1447 § 4, 1985; Ord. 1140 § 1, 1980; Ord. 522 § 3, 1969)

21.46.100 Permitted structures and uses.

A. No building, structure or land shall be used and no building or structure shall be erected, or structurally altered, except for one or more of the uses permitted by Tables 21.46.01 through 21.46.12 or the development and business services director may permit a use not listed in any table if the director determines, in his or her discretion, the use is found consistent with the intent of the zone.

Table 21.46.01 

Automotive Uses

NC

PCD

CG

Auto Parts, Accessory, and Supplies Stores

P

P*

P

Auto Glass Stores

P

P

Automobile Repair, including body and fender and mechanical repair, excluding outdoor storage, display or sales

P

Automobiles, rental or sale

P**

P

Electric Vehicle Charging Station, Level 1, Level 2 and Level 3

C

P

P

Battery Exchange Station (Electric Vehicle), Principal Use

C

C

C

Car Wash

P

Mobile or Manufactured Homes, open lots for sale or rental of

P

Park and Pool Lots+

C

C

Parking Garages and accessory refueling and servicing

P

P

Public and Private Parking Lots for Passenger Cars

P

P

Service Stations, full, self, or gas+

C***

C

Tire Store; provided, that in the PCD zone, such activities be conducted indoors without outdoor storage, overnight parking, excessive noise or other adverse environmental impacts

P

P

Oil Lubrication, Brake, Muffler Service and Tune-Up

P

P

*Provided, that such activities be conducted indoors without outdoor storage, overnight parking, excessive noise or other adverse environmental impacts.

**    (1)    Only at properties either with frontage on the freeway right-of-way or within 1,500 feet of a freeway on- or off-ramp (measured in a straight line from the nearest point of the end of the freeway ramp (where the ramp connects to a public street) to the nearest point of the property).

    (2)    Sale of used vehicles as a principal use of the property is prohibited.

***    Service stations shall not be located adjacent to or across the street from any residential zoning district.

Table 21.46.02 

Business Service Uses

NC

PCD

CG

Business Services, not including furniture or equipment sales

P

P

P

Business and Professional Services not mentioned elsewhere in this section

P

P

 

Table 21.46.03 

Eating and Entertainment Uses

NC

PCD

CG

Restaurants and Cafeterias providing on-premises service to seated patrons+

P

P

P-X

Restaurants, drive-in car service+

P-X

Restaurants, drive-through car service

P*

P

Taverns, Bars, and Cabarets

P

P

*Drive-throughs in the PCD zone shall have the drive aisles screened.

 

 

 

 

Table 21.46.04 

Institutional Uses

NC

PCD

CG

Adult Day Care Centers

P

P

P-X

Child Day Care

P

P

P-X

Place of Worship

P

P

P-X

Assisted Living, Congregate Care and Senior Housing+

P

P

P

Libraries, Museums, Art Galleries and similar institutions

P

P

P-X

Municipal Services

P

P

P

Higher Education: Universities; Colleges; Technical, Business, Trade and Vocational Schools, excluding automotive and mechanical schools

P

P

P

Primary and Specialty Education: Preschools, Elementary, Secondary, Dance, Music, Art and similar schools

P

P

P-X

 

Table 21.46.05 

Medical Uses

NC

PCD

CG

Medical, Dental, Optical and Chiropractic Clinics

P

P

P

Veterinary Clinics+

P*

P

P-X

* Excluding outdoor kennels and runs.

 

Table 21.46.06 

Office Uses

NC

PCD

CG

Business or Professional Office, including offices of a clerical or administrative nature

P

P

P

Office as a Home Occupation

C

C

 

Table 21.46.07 

Personal Service Uses

NC

PCD

CG

Banks and other financial institutions

P

P

P

Personal Service Shops

P*

P

P

Dressmaker and Tailoring Shops

P

P

P

Dry Cleaning and Laundry Plants

P

P

Dry Cleaning and Laundry, Self-Service

P

P

P

Dry Cleaning and Laundry Pick-Up Station for work to be done elsewhere

P

P

P

Locksmith

P

P

P

Pet Grooming

P

P

P-X

* Notwithstanding the definition of “personal service shops” in LMC 21.02.566 or the provisions of Table 21.46.08, in the NC zone gymnasiums and health clubs may be up to 5,000 square feet in building area.

 

Table 21.46.08 

Recreational Activities

NC

PCD

CG

Amusement Centers located 300 feet or more from a single-family or multiple-family zone*

P

P

Amusement Centers located less than 300 feet from a single-family or multiple-family zone*

C

C

Indoor Amusement Enterprises, including skating rinks, bowling alleys and pool halls

P

P-X

Handball Courts, Racquet Clubs, and Indoor and Outdoor Tennis Courts

P

Health Clubs

P

P

Outdoor Ancillary Playground and related equipment

C

Outdoor Commercial Recreation and Entertainment, including stadiums, race tracks, outdoor theaters, swimming pools, golf courses

P

* As measured from the property line of the parcel on which the center is located to the property line of the nearest residentially zoned parcel.

Table 21.46.09

Residential Uses

NC

PCD

CG

Adult Family Homes

P

P

P

Multiple-Family Housing Units+

C*

P

Multiple-Family Housing Units (on parcels designated as Highway 99 Corridor on the Future Land Use Map)+

P

Motels and Hotels

P

P-X

Respite Care

P

P

P

* One-acre minimum lot size, subject to standards and procedures established in Chapter 21.43 LMC for the Multiple Residential Medium-Density Zone (RMM) with the exception that maximum building height is three stories or 45 feet, whichever is less. Also subject to additional screening or privacy measures as determined by the hearing examiner during the conditional use permit process, including but not limited to: distance, architectural design, significant tree cover, significant elevation changes, fencing, reduction or elimination of lighting immediately adjacent to single-family uses, and prohibitions on activities immediately adjacent to single-family uses that will create noise, odor or other impacts (i.e., garbage collection areas, recreation areas, parking lots). See Figure 21.46.1.

    

Table 21.46.10

Retail Uses+

NC**

PCD

CG

Bakery Retail Stores

P

P

P-X

Bicycle Sales and Repair

P

P-X

Boat and Equipment Sales and Display (can only be indoors in the PCD zone)

P

P

Building Supplies Stores, indoor

P

Carpet Stores

P

P

Convenience Stores not located on the same or adjacent lot to a service station+

P

P

P-X

Convenience Stores located on the same lot and/or within the same building and operated as a single business with a full-service station, self-service station, or gas station+

P*

C-X

Florist Shops, Accessory Greenhouses and Plant Nurseries

P

P

P

Fresh Fruit, Vegetable or Produce Stand, outdoors

P

P

P

Grocery Stores

P

P

P

Hardware Stores

P

P

P

Pet Shops

P

P

P-X

Retail Lumber Yards

C

Retail Stores not mentioned elsewhere in this section

P

P

P

Shopping Centers, including only the uses permitted in the applicable zone

P

P

* Shall not be located adjacent to or across the street from any residential zoning district.

** Retail uses approved after the adoption of Ordinance 3233 can be no larger than 7,500 square feet per tenant in the NC zone.

+ Retail uses can include incidental service and repair for primary uses.

 

Table 21.46.11

Light Industrial Uses

NC

PCD

CG

Assembly of Glass, Light Metal, Plastic, Electronic, Electrical or Wood Parts, which are extracted, stamped, manufactured or shaped elsewhere, not precluding minor processes such as cutting or drilling

P

Bottling or Packaging Plants in spaces of 10,000 sq. ft. or less

P

Contractor’s Offices and Shops in spaces of 10,000 sq. ft. or less

P

Public Utilities Facilities+

P

P

P

Research and Development

P

Table 21.46.12 

Other Uses

NC

PCD

CG

Adult Establishments

CA

Adult Retail Uses

CA

Charitable or Relief Supplies Collection or Storage

P

Distribution Center, not to exceed 100,000 square feet

P

Radio or Television Stations, not including Wireless Communications

P

P

Self-Service Storage Facilities

P

Warehouse of 10,000 sq. ft. or less

P

Wholesale Store of 10,000 sq. ft. or less

P

Wireless Communications Facility less than 300 feet from residential zones (as measured from the wireless communications support structure to the property line of the nearest residentially zoned parcel)+

C

P

P

Wireless Communications Facility 300 feet or more from residential zones (as measured from the wireless communications support structure to the property line of the nearest residentially zoned parcel)+

P

P

P

Wireless Communications Facility, Attached

P

P

P

+See LMC 21.46.110 through 21.46.119.

Key:

P

=

Permitted as principal use

A

=

Permitted as accessory use with a principal permitted or approved conditional use

C

=

May be permitted as a principal use upon approval of a conditional use permit

AI

=

Permitted as accessory use if located in the building of a permitted principal use, and internally oriented with principal public access through the main access of the building

=

Not permitted

-X

=

Not permitted in controlled area

CA

=

Permitted only in controlled area. See LMC 21.46.120.

(Ord. 3415 §§ 26, 47, 2022; Ord. 3399 § 2 (Exh. A), 2021; Ord. 3311 §§ 18, 19, 2018; Ord. 3258 §§ 7 – 19 (Exh. A), 2017; Ord. 3233 §§ 4 – 17, 2016; Ord. 3140 § 5, 2015; Ord. 3090 § 2, 2014; Ord. 3047 § 5, 2014; Ord. 3023 § 2, 2013; Ord. 3010 § 5 (Exh. A), 2013; Ord. 2947 § 5, 2012; Ord. 2549 § 1, 2005; Ord. 2490 § 4, 2004; Ord. 2457 § 1, 2003; Ord. 2441 § 14, 2003; Ord. 2388 § 29, 2001; Ord. 2092 § 1, 1996; Ord. 2065 § 7, 1995; Ord. 2052 § 1, 1995; Ord. 2020 § 19, 1994; Ord. 1889 § 4, 1992; Ord. 1879 § 4, 1992; Ord. 1847 § 6, 1991; Ord. 1846 §§ 2, 3, 1991; Ord. 1781 § 7, 1990; Ord. 1758 § 4, 1990; Ord. 1690 § 2, 1989; Ord. 1685 § 1, 1989; Ord. 1671 §§ 1 – 4, 1989; Ord. 1592 § 4, 1987; Ord. 1575 § 4, 1987; Ord. 1571 §§ 1, 2, 1987; Ord. 1564 §§ 1, 2, 1987; Ord. 1529 § 2, 1986; Ord. 1523 §§ 1, 2, 3, 1986; Ord. 1513 §§ 2 – 6, 1986; Ord. 1502, 1986; Ord. 1489 § 1, 1985; Ord. 1458 §§ 4, 5, 1985; Ord. 1447 § 5, 1985; Ord. 1426 § 3, 1984; Ord. 1360 § 1, 1983; Ord. 1247 § 6, 1982; Ord. 1240 § 3, 1982; Ord. 1218 § 1, 1981; Ord. 1150 § 1, 1980; Ord. 1140 § 2, 1980; Ord. 1119 § 3, 1980; Ord. 1117 § 1, 1980; Ord. 1116 §§ 5, 6, 1980; Ord. 1061 § 2, 1979; Ord. 1016 § 4, 1978; Ord. 984 § 1, 1978; Ord. 950 § 1, 1978; Ord. 927 § 1, 1977; Ord. 911 § 1, 1977; Ord. 869 § 1, 1976; Ord. 838 § 1, 1976; Ord. 728-A § 1, 1973; Ord. 624 § 1, 1971; Ord. 522, 1969)

21.46.103 Uses prohibited in the commercial zones.

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

B. Medical marijuana collective gardens.

C. Supervised drug consumption facilities.

D. Heliports and helistops. (Ord. 3415 § 49, 2022; Ord. 3305 § 6, 2018; Ord. 3136 § 5, 2015)

21.46.105 Project design review.

A. Design Guidelines for Nonresidential Uses. The following structures and parking facilities permitted outright or by conditional use permit in any commercial 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 any commercial zone shall comply with Lynnwood Citywide Design Guidelines for All Districts and Multifamily 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. 3233 § 18, 2016; Ord. 3010 § 5 (Exh. A), 2013; Ord. 2441 § 14, 2003; Ord. 2388 § 30, 2001)

21.46.110 Limitations on uses – General.

Every use shall be subject to the requirements of applicable codes and, in addition, the regulations in this section and LMC 21.46.111 through 21.46.119 shall apply.

A. General Performance Standards.

1. Artificial lighting shall be hooded or shielded so that direct light of lamps will not result in glare when received from beyond the property;

2. Any machinery or operation which generates air or ground vibrations shall be muffled to eliminate any sensation of sound or vibration beyond the property;

3. Arc welding, acetylene torch cutting or similar processes shall be performed so as not to be seen from any point beyond the property, and in no case shall be visible to drivers on the adjacent streets;

4. Emission of obnoxious odors, fumes, gas, dust or smoke beyond the property is prohibited. Dust and other types of air pollution borne by wind from such sources as storage areas and roads shall be minimized by landscaping where feasible or by paving or other acceptable means;

5. On-site hazardous waste treatment and storage facilities are permitted as accessory uses to any activity generating hazardous waste and lawfully allowed in LMC 21.46.100; provided, that such facilities meet the state siting criteria adopted pursuant to the requirements of RCW 70.105.210.

B. Outdoor Uses. All business uses and activities shall be located within an entirely enclosed building, except as indicated below:

1. General Regulations. Any uses and activities which are permitted to occur outdoors by LMC 21.46.100, or by other provisions of this title, subject to the following:

a. The use or activity shall not encroach on site screening or landscaping as currently required by this title or other city ordinances;

b. The use or activity shall not block pedestrian traffic or fire lanes;

c. The use or activity shall observe the same minimum front, side, and rear yards as apply to buildings on sides adjoining public streets, except that such yards may be uses for outdoor customer parking and for other uses and activities which are permitted outdoors;

d. The highest point of any item displayed within that area shall not be more than six feet in height from an even grade and at least 10 feet from the right-of-way line; and

e. Items which, in the opinion of the fire chief, present a potential fire hazard shall be located 15 feet from any interior property line and shall be arranged to provide 20-foot fire lanes no more than 300 feet apart.

2. Incidental Outdoor Displays. For uses not included in subsection (B)(1) of this section, incidental outdoor displays are permitted in conjunction with the indoor sales of similar merchandise conducted by the same business. Such displays shall be displayed on racks, pallets, or in neat stacks and shall be located in areas underneath marquees, canopies, or overhanging roofs. If no marquees, canopies, or overhanging roofs exist, such displays shall be not more than eight feet from the walls of buildings. All limitations specified in subsection (B)(1) of this section shall apply.

3. Business Serving Customers in Automobiles. Automobile service stations, drive-in restaurants, and other businesses which primarily service customers in automobiles as an inherent trait of the business shall not be permitted to store or display merchandise outdoors, except as specified herein and in subsections (B)(1) and (B)(2) of this section.

4. Commodities Requiring Outdoor Storage. Commodities which would be damaged if required to be kept indoors, including but not limited to growing stock in connection with horticultural nurseries, whether the stock is in open ground, pots or containers; open air sales areas for firewood, trees, shrubs, plants, and home gardening supplies and equipment; and public utility facilities (see LMC 21.46.118(B)) are allowed outdoors subject to the provisions of subsection (B)(1) of this section.

5. Cross-Reference. See also LMC 21.46.100.

C. On-Site Processing. All products made incidental to a permitted use which are manufactured, processed or treated on the premises shall be sold on the premises only, and at retail only.

D. Uses in the Neighborhood Commercial Zone – Size Restriction. No use of property in the NC zone shall occupy any floor area or portion of the floor area of a structure that is greater than 7,500 square feet in size; provided, that any use in the NC zone that on the effective date of the ordinance codified in this section (Ordinance 3233, adopted November 28, 2016) exists and occupies the floor area or portion of the floor area of a structure that is greater than 7,500 square feet in size shall be a legal, permitted use not subject to the requirements of Chapter 21.12 LMC, and use may be continued and expanded, and the structure occupied by the use may be maintained, altered, repaired, remodeled, expanded and reconstructed, without having to comply with Chapter 21.12 LMC and without regard to tenancy. (Ord. 3233 § 19, 2016; Ord. 3010 § 5 (Exh. A), 2013; Ord. 2441 § 14, 2003; Ord. 2020 § 19, 1994; Ord. 1690 § 2, 1989; Ord. 1648 § 2, 1988; Ord. 1217 § 1, 1981; Ord. 854 § 1, 1976; Ord. 616 § 2, 1971; Ord. 522 § 3, 1969)

21.46.111 Limitations on uses – Auto-oriented uses.

A. Automobile Agencies. New car automobile sales and display room buildings and the repair and servicing necessary to the business are permitted as an indoor use.

B. Full-Service, Self-Service Stations, and Gas Stations. These uses are permitted only by means of a conditional use permit. All full-service, self-service, and gas stations shall be developed in accordance with the following regulations:

1. Purpose. The purpose of this subsection is to promote the public health, safety, and general welfare in the city by establishing standards for the site design and operation of full-service stations, self-service stations, and gas stations, and convenience stores when combined with the aforementioned uses. The need for such standards is created by the typical close spacing of curb cuts and the frequency with which vehicles enter and leave the sites. This is an inherent trait of these uses. Conflicts with normal traffic patterns on arterial streets increase the potential for automobile accidents and injury to passengers and pedestrians, and contribute to traffic congestion. By establishing standards for such uses and their ingress and egress, it is intended that the smooth flow of traffic will be facilitated and greater safety will be provided for automobile passengers and pedestrians. It is also the purpose of this chapter to establish bulk regulations including standards for landscaping and signs, consistent with the aesthetic objectives of the city as indicated in the texts of the official plans of the city and as are appropriate to the characteristics of this industry.

2. Development Standards. In addition to any applicable development standards and Lynnwood Citywide Design Guidelines, as adopted by reference in LMC 21.25.145(B)(3), development of full-service stations, self-service stations, and gas stations, and convenience stores, when combined with any of these stations, shall comply with the following standards:

a. Minimum Street Frontage. One hundred fifty feet of frontage is necessary for street frontages which have two accesses. This figure can be reduced appropriately if the number of curb cuts is also reduced.

b. Minimum Lot Area. As provided for the applicable zone.

c. Minimum Setbacks for Buildings and Canopies. Minimum setbacks for buildings as provided for the applicable zone. However, canopies shall be set back a minimum of 20 feet from public street right-of-way.

d. Site-Screening Standards for Side Yard and Rear Yard. As required in Chapter 21.08 LMC.

e. Off-Street Parking and Landscaping. Same as Chapter 21.08 LMC except that a 20-foot-wide landscaping strip shall be required along the street frontage. This 20-foot landscaping strip is in lieu of the five percent landscaping required in the interior of the parking area. This requirement shall supersede applicable design guidelines. However, when the service stations described in subsection (B)(2) of this section are contained within buildings located closer to the street than fuel pump islands, canopies and parking areas, then a 15-foot-wide street frontage landscape strip shall be required.

f. Street Standards. All public rights-of-way shall be fully improved to the center of the street with paving, curb, gutter, and sidewalk to city standards.

g. Driveways. Driveways shall be designed and located according to public works department standards.

h. Separation between Parking and Pump Island. Where there are parking stalls backing up to pump islands, the minimum distance between pump islands and off-street parking shall be 40 feet from the end of the stall to the pump island.

i. Signs. See LMC 21.16.310 for sign regulations.

j. Lighting Standards. All lighting shall be so arranged and shielded as to confine all direct light rays entirely within the boundary lines of the site, as to prevent, to the extent practicable, reflected light rays from shining upon other properties, and as to avoid glare onto any portion of any adjacent right-of-way or into the path of oncoming vehicles.

k. Dumpster Enclosures. All dumpster enclosures shall meet the setback requirements for the applicable zone. The enclosure shall not exceed six feet in height and shall consist of a solid fence made of wood or masonry material.

l. Building Height and Maximum Lot Coverage and Interior Yard Setbacks. As provided for the applicable zone.

3. Operation, Supervision, and Maintenance Restrictions.

a. Services rendered, and products stored on the premises and sold there shall be limited in accordance with the activities included in the definitions of LMC 21.02.267, 21.02.375, 21.02.660 and 21.02.661, as approved by conditional use permit.

b. Operation of a rental agency or sale lot for automobiles, trucks, trailers or other equipment or other business accessory to the operation of a full-service station, self-service station, and gas station, shall require a separate occupancy permit and business license. These uses would only be allowed as an accessory use if they are permitted in that zone as a separate use. The application for the occupancy permit and a business license shall be accompanied by a site plan, and any vehicle or equipment involved shall be stored or parked in areas defined on the site plan and shall be kept in a neat and orderly manner. The development for the accessory use shall meet all applicable city regulations.

c. All buildings, grounds, and landscaping shall be kept in a constant state of repair and maintenance. Upon failure to do so, the city shall require repair or replanting as per LMC 21.08.250(B)(3)(b).

d. The work station shall be designed so that at least one qualified attendant shall have maximum view of the fueling areas. For the purpose of this title, a qualified attendant is one who is trained in the operation of the fuel emergency shut-off system.

e. When a convenience store is combined with a full-service station, self-service station or gas station, dispensing of fuel shall be subject to electronic control (within arm’s reach) of a qualified attendant.

f. Amusement devices as defined by LMC 5.60.030(B) are not permitted in conjunction with the uses allowed by this subsection.

g. All alcoholic beverages shall be stored within cabinets or coolers which can be locked during the time period when alcoholic beverage sales are prohibited by law. A buzzer on the doors of the coolers which store alcoholic beverages shall be provided for monitoring. Observation mirrors shall also be provided.

h. Window visibility shall be maintained. Advertising and/or merchandise displays or other objects shall not block attendant visibility from view of the gas pumps. The attendant’s cashier station shall be visible from a street and the parking areas.

i. Wrecked or dismantled vehicles shall not be stored out-of-doors for more than 24 hours.

4. Motor Vehicle and Pedestrian Separation between the Public Sidewalk and the Convenience Store. When a convenience store is combined with an automobile service station, self-service station and/or gas station, design considerations shall be implemented to minimize pedestrian conflicts with vehicular traffic such as but not limited to brick pavers, signs, raised sidewalks, striping, or a combination of the above.

5. Effects of Change of Use. The addition of a convenience store to an automobile service station, self-service station or gas station would constitute a change in use and would require complete compliance with Chapter 21.12 LMC.

6. General Criteria for Approval. In addition to the criteria found in Chapter 21.24 LMC, no conditional use permit for the uses mentioned in this subsection shall be approved unless:

a. The proposal meets the International Fire Code and International Building Code;

b. The proposal meets the standards of this chapter and this title; and

c. The proposal meets all other applicable city and governmental regulations.

Exceptions. There shall not be any relaxation of development standards as provided for in LMC 21.24.100. Any exceptions to these standards shall be subject to the variance criteria as found in Chapter 21.26 LMC. However, the hearing examiner may consider these criteria as part of the conditional use permit process, instead of a separate variance application.

7. Park and Pool Lots. Park and pool lots may be permitted by a conditional use permit. In considering such a conditional use, the hearing examiner shall review all impacts upon the surrounding neighborhood, including but not limited to traffic, location, displacement of required stalls, ingress and egress, signs, and illumination. The applicant must submit a site plan with the property boundaries and the location of all buildings with their respective floor areas designated on the drawing. The available parking stalls to be used for a park and pool lot must be designated on the submitted site plan. Drawings depicting the proposed signs should also accompany the applications. (Ord. 3326 § 10, 2019; Ord. 3233 § 20, 2016; Ord. 3178 § 5, 2016; Ord. 3010 § 5 (Exh. A), 2013; Ord. 2441 § 14, 2003; Ord. 2388 § 31, 2001; Ord. 2310 § 39, 2000; Ord. 2020 § 19, 1994; Ord. 1790 § 7, 1990; Ord. 1671 §§ 6, 10, 1989; Ord. 1360 § 2, 1983; Ord. 1119 § 4, 1980)

21.46.112 Limitations on uses – Restaurants.

Repealed by Ord. 3233. (Ord. 3010 § 5 (Exh. A), 2013; Ord. 2441 § 14, 2003; Ord. 2020 § 19, 1994; Ord. 522 § 3, 1969)

21.46.113 Limitations on uses – Institutional uses.

Repealed by Ord. 3233. (Ord. 3010 § 5 (Exh. A), 2013; Ord. 2730 § 4, 2008; Ord. 2441 § 14, 2003; Ord. 2020 § 19, 1994; Ord. 1844, 1992; Ord. 1489 § 2, 1985)

21.46.114 Limitations on uses – Medical uses.

A. Veterinarian Clinics. Veterinarian clinics designed for treatment and care of pet animals, such as cats and dogs, shall be operated by a registered veterinarian. The animals must be confined within a building which shall have an exterior of masonry construction (or other building materials and/or construction techniques providing equivalent soundproofing, as approved by the building official); provided, that openings may be provided for ingress and egress according to fire code regulations and for a customer entrance of other than masonry construction (or equivalent) if the front entry is isolated from the balance of the building by a full wall partition. All rooms housing animals shall have mechanical ventilation adequate to provide an exchange of 50 cubic feet of air per minute per animal housed therein. The animal runs shall be surfaced with a minimum of two inches concrete or other impervious materials. Drainage must be away from adjoining properties and should be controlled upon the property involved. There shall be no cremation or other disposal of animals on the premises or incineration of refuse. (Ord. 3010 § 5 (Exh. A), 2013; Ord. 2441 § 14, 2003; Ord. 2020 § 19, 1994; Ord. 1878 § 1, 1992)

21.46.115 Limitations on uses – Office uses.

A. Residential/Office Use as a Home Occupation. An office use in combination with a residence is allowable as a home occupation by means of a conditional use permit, subject to the limitations to home occupations as stated in LMC 21.02.415, except as follows: the number of employees who do not reside in the same building shall be limited to two.

In considering the requested permit, the adequacy of parking shall be of prime consideration. Any application shall demonstrate provision for anticipated traffic and parking. In the event that congestion or traffic hazards develop through such use, the development and business services director may suspend or terminate the permit upon 30 days’ written notice. During the 30-day period, the holder of the permit may request review of the revocation by the city council. The building may be enlarged, but the office area shall not exceed 25 percent of the total square footage of the building. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 3010 § 5 (Exh. A), 2013; Ord. 2441 § 14, 2003; Ord. 2020 § 19, 1994; Ord. 950 § 2, 1978)

21.46.116 Limitations on uses – Residential uses.

A. Motels and Hotels. The initial development must contain at least 20 units composed of multiple-unit type buildings and shall provide hotel and services, including a main lobby, desk attendant, and room service. When accessory uses providing services for the patrons, such as barber, bar, beauty parlor, cleaners, clothing, drugs, pottery, souvenir, tobacco, and travel are included, they shall be primarily oriented internally. Provisions for public functions such as banquets or meetings need not be oriented internally.

B. Multiple-Family Housing.

1. For properties zoned NC, dwellings may be permitted in commercial or office buildings on the second floor or higher. All provisions normally applying to high-rise multiple-family housing shall apply.

2. For properties zoned PCD, dwellings may be permitted on the second floor of buildings or higher; provided, that:

a. General commercial, office, or similar land uses occupy the ground level of the building where the building faces or abuts a public street.

b. Not more than 20 percent of the linear frontage of the ground level that faces a public street may be used for the entrance, lobby, leasing office, etc., for the building’s residences.

c. Floor area at ground level limited to general commercial, office, or similar uses shall have a minimum depth of 30 feet, as measured perpendicular to the building facade, so that the floor area may be occupiable for nonresidential land uses.

d. For development sites where the building is not accessible or visible from the abutting public street, the development and business services director may authorize dwellings to be located below the second floor of the building.

3. For properties subject to the provisions of this chapter, development with multifamily dwellings shall provide a minimum of 40 square feet of on-site recreation area per dwelling. The on-site recreation area shall consist of a minimum of two of the following:

a. Individual patio, deck or balcony immediately adjacent to the corresponding dwelling. Individual patios, decks, or balconies shall be designed so that a six-foot-by-six-foot square will fit within the perimeter of the patio, deck or balcony.

b. Outdoor recreation area accessible to all residents of the development and designed so that a 15-foot-by-15-foot square will fit within the perimeter of the outdoor recreation area. Common outdoor recreation areas shall include features such as: landscaped courtyard or plaza; seating; lighting; rooftop garden; children’s play structure; and sport court. Outdoor recreation areas may include overhead weather protection, but shall not be enclosed. Landscaping required within parking areas shall not be considered outdoor recreation area.

c. Indoor recreation space accessible to all residents of the development and designed so that a 12-foot-by-12-foot square will fit within the indoor recreation area. Indoor recreation areas shall include furnishings and fixtures for activities such as: aerobic exercise; children’s play; indoor games; sports; hobbies and crafts; and video entertainment.

C. Multiple-Family Housing – Highway 99 Corridor in the Neighborhood Commercial (NC) and General Commercial (CG) Zones. Multiple-family housing is permitted on specified parcels in the NC and CG zones on specified parcels in the Highway 99 corridor as designated on the city of Lynnwood future land use map. Multiple-family residential development shall meet the design guidelines for Highway 99 mixed use, adopted by Ordinance No. 2911, and may be combined with mixed use development subject to the following bulk requirements:

 

Table 21.46.13(a)

Development Level 

Development standard

Sites with residential development of less than 20 dwelling units per acre

Sites with residential development of 20 dwelling units or more per acre

Minimum lot area

None

None

Minimum setbacks*

 

 

Public street

None

None

Interior property lines

None

None

Ground floor residential units+

10 ft.

10 ft.

Minimum sidewalk width along public streets

12 ft.

12 ft.

Maximum lot coverage

35%

None

Maximum building height

50 ft.

90 ft., not to exceed six stories

Minimum dwelling units/acre++

N/A

20 DU/A

Maximum floor-area ratio

1.0

3.0

* See LMC 21.62.450 for development adjacent to a residential zone (transitional property lines).

+ Applies to residential projects only; setback is from all public rights-of-way, internal circulation (vehicle, bicycle, pedestrian), parking areas, or access easement. Alternatively, where vision-obscuring glass is installed, the setback may be eliminated.

++ The minimum number of residential units to qualify for this level shall be calculated using the entire project site. Where residential development is part of redevelopment of one or more parcels, this calculation shall be based only on the portion of the parcel(s) being redeveloped. Fractional portions of a unit are “rounded up” for this calculation.

Buildings within 200 feet of Highway 99 shall be mixed use development with commercial development on the first floor. Phased development may occur on large parcels but the initial development plan is required to illustrate the commercial activity adjacent to Highway 99.

Multiple-family development shall comply with the remainder of the development regulations established in Chapter 21.62 LMC, Highway 99 Mixed Use Zone, unless otherwise indicated in Chapter 21.62 LMC. Stand-alone multiple-family development or mixed use development shall also comply with the Design Guidelines for the Highway 99 mixed use zones.

Processing of a multiple-family development, including associated mixed use, will be subject to the provisions set forth in Chapter 21.30 LMC, Planned Unit Development.

D. Assisted Living and Continuing Care Housing. Assisted living and continuing care housing are allowed subject to the following:

1. Staff Evaluation and Recommendation. Before any permit for the uses designated in this subsection is considered a joint recommendation concerning development of the land and/or construction of the buildings shall be prepared by the fire and development and business services departments, specifying the conditions to be applied if approved. If it is concluded that the application for a permit should be approved, each requirement in the joint recommendation shall be considered and any which are found necessary for the protection of the health, safety, and general welfare of the public shall be made part of the requirements of the permit. In any case, the approval of the permit shall include the following requirements:

a. The proposal’s proximity to stores and services, safety of pedestrian access in the vicinity, access to public transit, design measures to minimize incompatibility between the proposal and surrounding businesses;

b. Compliance with all applicable state, federal, and local regulations pertaining to such use, a description of the accommodations, and the number of people accommodated or cared for, and any structural requirements deemed necessary for such intended use;

c. The amount of space around and between buildings shall be subject to the approval of the fire chief as being adequate for reasonable circulation of emergency vehicles or rescue operations and for prevention of conflagration; and

d. The proposed use will not adversely affect the surrounding area as to prevent use or character of the future development.

2. Development Standards. Housing facilities shall conform to the following criteria:

a. Lot area per dwelling unit: 1,000 square feet minimum per unit;

b. Passive recreation and/or open space: 200 square feet per unit. In the city’s higher density multiple-family zones, developments are required to provide active recreational space to help satisfy a portion of the demand for recreational facilities. Housing for the those in need of care has a similar need but is of a passive nature. Therefore, passive recreation space and/or open space shall be provided. Up to 50 percent of the requirement may be indoors; provided, that the space is utilized exclusively for passive recreation and/or open space (i.e., arts and crafts rooms, solariums, courtyards). All outdoor recreation and/or open space areas shall be set aside exclusively for such use and shall not include areas held in reserve for parking, as per LMC 21.18.800. All open space and/or recreational areas shall be of a permanent nature, and they may be restricted to use by tenants only. The use of private and semi-private patios and balconies in meeting these requirements is not permitted. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 3311 § 20, 2018; Ord. 3283 § 8, 2018; Ord. 3233 § 23, 2016; Ord. 3140 § 6, 2015; Ord. 3090 § 3, 2014; Ord. 3023 § 2, 2013; Ord. 3010 § 5 (Exh. A), 2013; Ord. 2441 § 14, 2003; Ord. 2020 § 19, 1994; Ord. 1988 § 1, 1994; Ord. 1923 § 2, 1992; Ord. 1917 § 2, 1992; Ord. 1888 § 2, 1992; Ord. 1883 § 2, 1992; Ord. 1472 § 2, 1985; Ord. 1447 § 6, 1985; Ord. 522 § 3, 1966; Ord. 285 § 5, 1966)

21.46.117 Limitations on uses – Retail uses.

A. Convenience Stores. Convenience stores located on the same lot and within the same building and operated as a single business with full-service, self-service and/or gas station are permitted only by means of a conditional use permit. Rapid customer turnover is an inherent trait of service stations and convenience stores. Convenience stores sell alcoholic beverages; full-service, self-service, and gas stations do not. The proximity of these uses with their conflicting traffic patterns and types of traffic increases the risk to pedestrian and traffic safety. Additional control over the location of convenience stores in proximity to said uses is therefore necessary. (Ord. 3010 § 5 (Exh. A), 2013; Ord. 2020 § 19, 1994; Ord. 1671 § 9, 1989; Ord. 1592 § 2, 1987; Ord. 1564 § 3, 1987)

21.46.118 Limitations on uses – Light industrial uses.

A. General.

1. Scope of Conditions. Wherever these are permitted under conditional use proceeding, the hearing examiner may stipulate the type of machinery allowable, that the performance standards and landscaping requirements of the Light Industrial zone shall apply, that the use must be conducted entirely within a building which is constructed so as to contain the expected noise, and such other conditions as are necessary to assure compatibility with surrounding properties.

B. Public Use Facilities. This use includes facilities owned by a public utility and directly used in the performance of a public service but does not include offices or warehouses of a public utility. Public utility offices and warehouses are permitted in the same zones and on the same basis as other offices and warehouses. (Ord. 3233 § 24, 2016; Ord. 3010 § 5 (Exh. A), 2013; Ord. 2441 § 14, 2003; Ord. 2020 § 19, 1994; Ord. 1513 § 7, 1986; Ord. 1458 § 6, 1985; Ord. 1360 § 2, 1983; Ord. 950 § 2, 1978; Ord. 728-A § 2, 1973; Ord. 522 § 3, 1966)

21.46.119 Limitations on uses – Other uses.

A. Wireless Communication Facility. A conditional use permit for a wireless communication facility shall be subject to the following additional standards:

1. Such facilities shall not be injurious to the neighborhood or otherwise detrimental to the public welfare;

2. The applicant shall demonstrate the need for the proposed tower (wireless communications support structure) to be located near a residential area, the procedures involved in the site selection and evaluation of alternative sites and existing facilities on which the proposed facility could be located or co-located;

3. A site development plan shall be submitted showing the location, size, screening, and design of all buildings and structures, including fences, the location, size and nature of outside equipment, and the location, number, and species of all proposed landscaping;

4. The facility shall be designed to be aesthetically and architecturally compatible with the natural and building environment. This includes, but is not necessarily limited to, building design and the use of exterior materials harmonious with the character of the surrounding neighborhood and the use of landscaping and privacy screening to buffer the facilities and activities on the site from surrounding properties. Any equipment or facilities not enclosed within a building (e.g., towers, transformers, tanks, etc.) shall be designed and located on the site to minimize adverse impacts on surrounding properties;

5. All wireless communications facilities shall comply with national, state or local standards, whichever is more restrictive, in effect at the time of application, for nonionizing electromagnetic radiation;

6. The applicant shall demonstrate a justification for the proposed height of the structures and an evaluation of alternative designs which might result in lower heights. If additional height over that allowed in the zone is justified it may be approved by the city; and

7. The applicant shall include an analysis of the feasibility of future consolidated use of the proposed facility with other public utility facilities.

Provided, that this subsection shall not apply to utility facilities located on a property which are accessory to the property or to the transmission, distribution or collection lines and equipment necessary to provide a direct utility connection to the property or neighboring properties, or to those utility facilities located on public right-of-way.

B. Self-Service Storage Facilities in Commercial Zones. Self-service storage facilities have characteristics in common with both commercial uses and industrial uses. This subsection provides regulations to appropriately site self-service storage facilities in certain commercial zones while maintaining the desired character and function of those zones. In general, self-service storage facilities generate low levels of vehicular and pedestrian activity and do not contribute to the vitality of a commercial area compared to other commercial uses. Historically self-service storage facilities have visually resembled industrial facilities, but some recently constructed facilities have featured designs compatible with higher quality commercial development. If designed appropriately as stand-alone multistory structures that emulate the exterior architecture of residential or multifamily or as components located within larger multistory office or residential structures, self-storage uses may be located without adversely impacting comprehensive plan goals, zoning district intent or the surrounding neighborhood. Thus, self-storage uses in commercial zones shall adhere to the additional development standards articulated in this chapter.

1. Use Regulations.

a. Where this chapter provides for self-service storage facilities upon property zoned CG, self-service storage facilities are permitted only within multistory structures designed to emulate multifamily or office buildings.

b. Where this chapter provides for self-service storage facilities upon property zoned CC or ACC, self-service storage facilities are permitted as an accessory use, and may occupy no more than 20 percent of the property’s building floor area. With the exception of the business office and loading/unloading facilities, self-service storage facilities shall not be permitted upon the ground or street level of the multistory building.

c. Permitted Activities. The only activities permitted in individual storage units shall be the rental of the unit and the pickup and deposit of goods and/or property in dead storage. Storage units shall not be used for activities such as:

i. Residences, offices, workshops, studios, hobby or rehearsal areas;

ii. Manufacturing, fabrication, or processing of goods, service or repair of vehicles, engines, appliances, or other electrical equipment, or any other industrial activity;

iii. Conducting retail sales of any kind including garage or retail sales or auctions or to conduct any other commercial activity;

iv. Storage of flammable, perishable or hazardous materials or the keeping of animals.

d. Accessory Uses. Accessory uses such as the rental of trucks, trailers or moving equipment (hand carts, jacks and lifts, etc.), the installation of trailer hitches, or the sale of boxes or packing materials are permitted only if they are otherwise permitted in the zone in which the facility is located, and shall meet all use and development standards of the commercial zone.

e. Hours of Operation.

i. Self-service storage facilities located in commercial zones shall not operate or allow tenant access between the hours of 10:00 p.m. and 7:00 a.m. if the site abuts a Class A EDNA, as defined in Chapter 10.12 LMC, Noise.

ii. The director may permit extended hours of operation if the facility operator demonstrates that due to facility design or other factors the facility will not have significant noise impacts on the adjacent Class A EDNA property. The burden of proof is on the facility operator.

iii. Nothing in this section overrides or supersedes any requirement of Chapter 10.12 LMC and all restrictions of Chapter 10.12 LMC apply even during allowed hours of operation.

f. Outdoor Storage Prohibited. Within commercial zones, all goods and property stored in a self-service facility shall be stored in an enclosed building. No outdoor storage of boats, RVs, vehicles, etc., or storage in outdoor storage pods or shipping containers is permitted.

2. Development Standards. All development standards of the commercial zone in which the facility is located apply unless the standard is superseded by regulations in this subsection.

a. Storage Units.

i. All storage units shall gain access from the interior of the building(s) or site – no unit doors may face the street or be visible from off the property.

ii. If the facility abuts residentially zoned property, the facility loading bays, docks or doors shall not be visible from the residential property.

iii. Electrical service to storage units shall be for lighting and climate control only. No electrical outlets are permitted inside individual storage units. Lighting fixtures and switches shall be of a secure design that will not allow tapping the fixtures for other purposes.

b. Additional standards for self-service storage facilities in the commercial zones as outlined in Table 21.46.12 subject to the following limitations:

i. The facility shall be located in a multistory building.

ii. Loading docks, entrances or bays may not be located on a street-facing side of a building and shall be screened from residential uses.

3. Design Standards. Design review shall be required for all new construction and expansions of self-service storage buildings to ensure the development has a high quality design and is appropriate to the desired character of the zone it is located in and the adjacent neighborhood. Self-service storage facilities shall meet the requirements of Chapter 21.25 LMC, Project Design Review, and the following requirements:

a. Fences and Walls. Fences and walls including entry gates shall be constructed of high quality materials and shall be compatible with the design and materials of the building(s) and site. The design guidelines for fences and walls and the following provisions shall apply to self-service storage facilities:

i. Decorative metal or wrought iron fences are preferred.

ii. Chain-link (or similar) fences, barbed or razor wire fences and walls made of precast concrete blocks are prohibited.

iii. Fences or walls are not allowed between the main or front building on the site and the street.

iv. Street-front landscape areas required by the design guidelines or elsewhere in this code shall not be fenced.

b. Ground and Upper Floor Facades. Ground floor and upper floor facades for self-service storage facility buildings in commercial zones shall meet the following requirements:

i. The ground floor transparency requirements of the commercial districts design guidelines shall also apply to each floor above the ground floor of a self-service storage facility building that is visible from a street or from a residentially zoned area.

ii. The ground floor on rear or side facades facing residential areas do not have to meet subsection (B)(3)(b)(i) of this section if they are effectively visually screened from view from the street or nearby residential uses by a transition or landscape strip.

iii. The design guidelines for treating blank walls and for opaque walls in the design shall apply to the upper floors of self-service storage buildings.

iv. In order to promote visual compatibility with commercial and multifamily development allowed in commercial zones, self-service storage facilities buildings shall incorporate architectural and design features common to commercial and/or multifamily development. Examples of such architectural and design features include: massing, proportion; facade modulation; exterior building materials and detailing; varied roof line; pedestrian scale; fenestration; repetition; etc.

c. Street Entrance. The business office of self-service storage facilities in commercial zones shall have a pedestrian entrance facing the street.

i. This entrance shall be considered the “main” or “principal” entrance to the building for the purpose of the design guidelines or other sections of this chapter even if the majority of customers using the facility enter through loading docks, bays, doors or other side or rear entrances.

ii. This entrance shall meet the design guideline prominent entrance requirements.

d. Materials. Self-service storage facility buildings shall be surfaced in high-quality materials. Unfaced concrete block, painted masonry, tilt-up and precast concrete panels and prefabricated metal sheets are prohibited. Prefabricated buildings are not allowed.

e. Design Departures. In addition to the requirements for design departures in Chapter 21.25 LMC, the director shall find that a request for approval of a design departure will not cause the development or the use to be inconsistent with the desired character of the zone on which it is located or have negative impacts on surrounding uses. (Ord. 3258 § 20, 2017; Ord. 3233 § 25, 2016; Ord. 3010 § 5 (Exh. A), 2013; Ord. 2947 § 6, 2012; Ord. 2441 § 14, 2003; Ord. 2065 § 8, 1995; Ord. 2020 § 19, 1994; Ord. 1963 § 2, 1993; Ord. 1758 § 5, 1990)

21.46.120 General commercial area for controlled uses.

Adult establishments and adult retail uses shall be permitted in the CG zone in the area described in subsection (A) of this section and subject to the locational and development standards contained in this section. In the event of invalidation by a court of competent jurisdiction of these provisions, adult establishments and adult retail uses shall be permitted to locate only in the CG, and subject to locational and development standards of this section.

A. Location of Controlled Use Area. These regulations apply to all General Commercial zones south of a line approximately 800 feet south of 212th Street SW between 68th Avenue W and Highway 99 and south of 212th Street SW, between 67th Avenue W and 68th Avenue W, and between 66th Avenue W and 67th Avenue W, south of a line varying between 175 feet and 195 feet north of 212th Street SW as more particularly set forth below:

Beginning at the Southeast corner of the Southwest quarter of the Southeast quarter of Section 20, Township 27 North, Range 4 East, W.M.; thence West 679.56 feet; thence North 175 feet to the true point of beginning thence West 132.6 feet to a point eight feet East of the East line of Lot 15, Block 6, of the Plat of Seattle Heights, Division No. 3; thence North 20 feet more or less, to a point eight feet East of the Northeast corner of said Lot 15; thence West 132.5 feet, more or less, along the North line of said Lot 15 and the prolongation thereof, to the Northwest corner of said Lot 15; thence continuing West along the prolongation of said line 30 feet, more or less, to a point which is the intersection with the centerline of 67th Avenue West; thence South 192.5 feet, more or less, along said centerline of 67th Avenue West; thence South 195.2 feet, more or less, along said centerline to a point which is the intersection of the centerlines of 67th Avenue West and 212th St. SW; thence West along the centerline of 212th St. SW to a point which is the intersection of the centerlines of 212th St. SW and 68th Avenue West; thence South along the 68th Avenue West centerline 830 feet, more or less, to the intersection of the centerline of said right-of-way and the Easterly prolongation of a line located parallel to and 160 feet South of the North line of Lot 19, Plat of Solner’s 5 Acre Tracts; thence West along said line and the prolongation thereof, to the intersection with the East line of Lot 21, Plat of Solner’s 5 Acre Tracts, said point being 160 feet, more or less, South of the Northeast corner of said Lot; thence North 20 feet, more or less; thence North 89°51’00” West 130.14 feet, more or less, to the East line of the Highway 99 right-of-way.

B. Uses Permitted. Except for those uses listed in subsection (E) of this section, all uses permitted outright in the General Commercial zone area allowed in this controlled area and all adult establishment are allowed, subject to the location standards of subsection (C) of this section. Adult retail uses are allowed in this controlled use area subject to:

1. The same location standards as set forth in subsection (C) of this section for adult establishments.

2. The same variance from separation requirements as set forth in subsection (D) of this section for adult establishments; and

3. The same development standards as forth in subsection (F) of this section for adult establishments.

C. Location Standards. Any adult establishment use which locates in the city of Lynnwood shall, in addition to any other requirements, meet the following:

1. Separation from Location. No adult establishment use shall be allowed to locate within 300 feet of any property zoned residential or P-1.

2. Measurement of Distance. The 300-foot separation shall be measured by following a straight line, without reference to intervening structures, between the nearest point on a line defining a residentially zoned or P-1 zoned property and the nearest point of the building or portion thereof used by an adult establishment.

D. Variance from Separation Requirements. Whenever the proponent of an adult establishment subject to the separation requirements pertaining to adult establishments set forth in this chapter feels that strict application of such requirements is not necessary to achieve an effective degree of physical separation between the adult establishment and property zoned P-1 or residential, the proponent(s) may apply to the hearing examiner for a variance from such requirements. In determining when a variance should be granted, and if so, to what extent, the hearing examiner shall consider the following, in addition to the general criteria for variance established in Chapters 2.22 and 21.26 LMC:

1. Topographical and other features of the land which provide actual separation between the proposed business or other land use and surrounding land uses;

2. Pedestrian and vehicular circulation pattern in the vicinity of the proposed activity; and

3. Any other fact or circumstance which has a significant effect upon the need for the full separation distance required by this chapter.

If after considering these criteria the hearing examiner finds that an effective separation between the proposed adult establishment and property zoned residential or P-1 can be achieved without requiring the full distance of separation provided by this chapter, the hearing examiner shall determine the degree of variance to be allowed and shall grant such variance. Otherwise, the application for variance shall be denied.

E. Prohibited Uses. The following uses are found to be incompatible with adult establishments and are prohibited in the controlled use area set forth above:

1. Pet grooming, pet shops, and veterinary clinics;

2. Churches, libraries, museums, art galleries and similar institutions;

3. Schools, including pre-schools, child day-care, and nursery school;

4. Restaurant and cafeterias, drive-in car service, drive-through, and take-out restaurants;

5. Bakery retail stores and convenience stores;

6. Hotel/motels;

7. Indoor amusement enterprises centers, as defined; and

8. Bicycle sale and repair.

F. Development Standards. The development standards in the controlled use area are the same as general commercial, except as follows:

1. Signs. See LMC 21.16.310 for sign regulations.

2. Other Standards. The following standards apply to adult establishments in the controlled use area, and the following standards shall supersede the Lynnwood Citywide Design Guidelines, as adopted by reference in LMC 21.25.145(B)(3), that may conflict:

a. The starting of an adult establishment constitutes a change in use and is subject to the nonconforming chapter in addition to these development standards;

b. Landscaping shall be a wall of trees created by two rows of evergreen conifer trees. The trees shall be staggered and spaced a maximum of 10 feet on center, so as to form an effective visual barrier within five years. The minimum tree height shall be six feet. A permanent six-foot site-screening fence shall be placed on the side and rear property lines;

c. All parking areas shall be visible from the street fronting the establishment and shall not allow access to the rear of any structures; and

d. The parking areas shall be fully illuminated with street light standards. (Ord. 3233 § 26, 2016; Ord. 3010 § 5 (Exh. A), 2013; Ord. 2441 § 14, 2003; Ord. 2388 § 32, 2001; Ord. 2310 § 40, 2000; Ord. 2020 § 19, 1994; Ord. 1988 § 2, 1994; Ord. 1903 §§ 1, 2, 3, 1992; Ord. 1890 §§ 1, 2, 3, 1992; Ord. 1847 § 2, 1991; Ord. 1846 § 4, 1991; Ord. 1844 § 11, 1991; Ord. 1811 § 1, 1991)

21.46.130 Prohibited uses.

Repealed by Ord. 3415. (Ord. 3010 § 5 (Exh. A), 2013; Ord. 2310 § 41, 2000)

21.46.150 Accessory structures and uses.

Any use may be permitted by the development and business services director as an accessory use to a principal use that is allowed in the applicable zone; provided, that the development and business services director finds that the proposed accessory use is clearly accessory or incidental to the principal use of the property and that the proposed accessory use is consistent with the purpose of the applicable zone. A determination made pursuant to this section may be appealed through Process II.

A. Placement of Accessory Buildings and Structures – Interior Lots. In commercial zones, accessory buildings which:

1. Are behind the front wall of the main building;

2. Do not exceed one story in height (not to exceed 15 feet);

3. Are not greater than 600 square feet in floor area; and

4. Do not contain habitable space (as defined in the building code);

shall be set back not less than five feet from the lot side and rear lines, except that one accessory building which does not exceed eight feet in height nor 64 square feet in floor area may be located on lot side and rear lines. In no case shall the accessory building or structure be located closer to the street than the main building.

B. Placement of Accessory Buildings and Structures – Corner and Reverse Corner Lots. In commercial zones, accessory buildings which:

1. Are behind the front wall of the main building;

2. Do not exceed one story in height (not to exceed 15 feet);

3. Are not greater than 600 square feet; and

4. Do not contain habitable space (as defined in the building code);

shall be set back not less than five feet from the interior side and rear lines and any corner lot setback requirement shall apply. One accessory building which does not exceed eight feet in height nor 64 square feet in floor area may be located on interior lot side lines and lot rear lines. In no case shall the accessory building be located closer to the street than the main building.

C. Shipping container or other similar storage units as defined in Chapter 21.02 LMC are not permitted as accessory structures in commercial zones. Shipping containers may be used as temporary storage in conjunction with an ongoing construction project. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 3311 § 21, 2018)

21.46.200 Development standards.

The following standards shall apply to all structures and nonstructural uses in the commercial zones:

A. General Area and Dimensional Standards. No building, structure or land shall be established, erected, enlarged or structurally altered, except in conformance with the following standards and in conformance with the adopted building code and applicable Lynnwood Citywide Design Guidelines, as adopted by reference in LMC 21.25.145(B)(3) (for purposes of determining the required yards along public streets, the classification of streets indicated on the comprehensive plan shall apply):

Table 21.46.14
Development Standards 

 

NC

PCD

CG

Minimum Area

none

none

none

Minimum Front Yard Setback

15 ft.

15 ft.

15 ft.

Minimum Side Yard Setback – Street

15 ft.

15 ft.

15 ft.

Minimum Side Yard Setback – Abutting to RS Zone

10 ft.

25 ft.

25 ft.

Minimum Side Yard Setback – Abutting to RM Zone

10 ft.

15 ft.

15 ft.

Minimum Side Yard Setback – Abutting all other zones

none

none

none

Minimum Rear Yard Setback – Abutting to RS Zone

25 ft.

50 ft.

50 ft.

Minimum Rear Yard Setback – Abutting to RM Zone

25 ft.

25 ft.

25 ft.

Minimum Rear Yard Setback – Abutting all other zones

none

none

none

Maximum Building Height

35 ft.+

none

none

Maximum Lot Coverage

35%

none

35%

Key:

+ Multifamily is permitted at three stories or 45 feet (whichever is less) on parcels that have a minimum of one acre in size, subject to standards and procedures established in Chapter 21.43 LMC for the multiple residential medium-density zone (RMM). See Figure 21.46.1 for specific permitted locations.

B. Exceptions.

1. Repealed by Ord. 3010.

2. Repealed by Ord. 2295. (Ord. 3415 § 51, 2022; Ord. 3326 § 11, 2019; Ord. 3311 § 22, 2018; Ord. 3258 § 21, 2017; Ord. 3090 § 4, 2014; Ord. 3010 § 5 (Exh. A), 2013; Ord. 2441 § 14, 2003; Ord. 2388 §§ 33, 34, 2001; Ord. 2295 §§ 9, 13, 2000; Ord. 2020 § 19, 1994; Ord. 1343 § 5, 1983; Ord. 1140 § 3, 1980; Ord. 1057 § 4, 1979; Ord. 522 § 3, 1969)

21.46.210 Additional development standards.

A. Parking.

1. Capacity Requirements. For calculating the required number of parking stalls see Chapter 21.18 LMC. (Ord. 3326 § 12, 2019; Ord. 3233 § 27, 2016; Ord. 3010 § 5 (Exh. A), 2013; Ord. 2441 § 14, 2003; Ord. 2388 § 35, 2001; Ord. 2020 § 19, 1994; Ord. 1770 § 13, 1990; Ord. 1461 § 2, 1985; Ord. 1424 § 2, 1984; Ord. 1253 §§ 3, 4, 1982; Ord. 1241 § 3, 1982; Ord. 854 §§ 2, 3, 1976; Ord. 575 § 1, 1970; Ord. 522 § 3, 1969; Ord. 464 § 3, 1969; Ord. 407 § 2, 1968)

21.46.212 Swift Station off-street parking and landscaping.

Repealed by Ord. 3326. (Ord. 3010 § 5 (Exh. A), 2013; Ord. 2772 § 1, 2009)

21.46.220 Transition or buffer strips.

Repealed by Ord. 3326. (Ord. 3233 § 28, 2016; Ord. 3010 § 5 (Exh. A), 2013; Ord. 2451 § 3, 2003; Ord. 2441 § 14, 2003; Ord. 2388 § 36, 2001; Ord. 2020 § 6, 1994; Ord. 1881 § 4, 1992; Ord. 1790 §§ 1, 2, 3, 1990; Ord. 1781 § 2, 1990; Ord. 1474 § 1, 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. 464 §§ 1, 2, 1969; Ord. 386 §§ 2,  3, 1968; Ord. 383 § 3, 1968; Ord. 190 Art. X §§ 10.6, 10.7, 1964)

21.46.230 Other transitional requirements.

Repealed by Ord. 3415. (Ord. 3010 § 5 (Exh. A), 2013; Ord. 2441 § 14, 2003; Ord. 2020 § 19, 1994; Ord. 1343 § 5, 1983; Ord. 1140 § 3, 1980; Ord. 1057 § 4, 1979; Ord. 522 § 3, 1969)

21.46.500 Commercial signage.

Repealed by Ord. 2310.* (Ord. 2295 §§ 8, 12, 2000; Ord. 2020 § 19, 1994; Ord. 1688 § 1, 1989; Ord. 1629, 1988; Ord. 1607 §§ 9, 16, 1987; Ord. 1590 §§ 4, 5, 1987; Ord. 1575 § 6, 1987; Ord. 1411

§ 1, 1984; Ord. 1348 § 11, 1983; Ord. 1116 §§ 1 – 4, 1980; Ord. 1061 § 1, 1979; Ord. 1016 §§ 2, 3, 1978; Ord. 610 § 2, 1971)

*Code reviser’s note: Ord. 2310 repeals this section and adds Chapter 21.16 LMC which provides for sign regulations.

21.46.510 Real estate signs.

Repealed by Ord. 2310.* (Ord. 2020 § 19, 1994; Ord. 1688 § 1, 1989; Ord. 1411 § 1, 1984; Ord. 1348 § 11, 1983; Ord. 1116 §§ 1 – 4, 1980; Ord. 1061 § 1, 1979; Ord. 1016 §§ 2, 3, 1978; Ord. 610 § 2, 1971)

*Code reviser’s note: Ord. 2310 repeals this section and adds Chapter 21.16 LMC which provides for sign regulations.

21.46.900 Other regulations.

A. Refuse and Recycling Collection Areas and Enclosures. On-site paved and enclosed refuse 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 all commercial zones shall comply with the development standards below. The following development standards shall supersede other applicable setback requirements of this chapter and any 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 a 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 sight-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 materials 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.

B. Procedural Requirements for Proposed Rezoning to the Neighborhood Commercial Zone (NC). The minimum and maximum area specified in LMC 21.46.200(A) shall apply to all future rezones to the Neighborhood Commercial (NC)) zone.

In addition, the applicants shall provide such market information as may be required by the planning commission or city council in determining whether the proposed development will promote the general welfare of the city. Businesses which are nonconforming in another zone but which would be conforming if zoned Neighborhood Commercial (NC) may be rezoned Neighborhood Commercial without regard to the minimum and maximum area, upon a finding that such a rezone would be in the public interest and/or the businesses in question would be consistent with the general intent of the Neighborhood Commercial zone.

C. Requirements for Development of Properties in the General Commercial (CG) Zones.

1. Plans. Shopping centers or other multi-store retail developments in the General Commercial zones shall be subject to the same site plan and utility plan requirements as are required in the Neighborhood Commercial (NC) zone. The plan shall include a landscaping plan as per LMC 21.46.210(B); provided, however, that an alternate arrangement to LMC 21.46.210(B)(2)(d) may be approved by the planning commission if it finds that the alternate plan would be more effective in meeting the stated objectives of LMC 21.46.210(B).

2. Site Utilization. Unless the site plan provides for full utilization of the lot or parcel, the utilized part shall be officially divided from the remainder under the city subdivision regulations and the subdivision shall conform to all normal subdivision requirements. As a condition of the subdivision, the city may require that all parcels of the subdivision have common access to public streets.

D. Surface Water Management. All building permit applications and site plans required herein shall provide adequate facilities for the management of surface water.

E. Elimination of Nonconforming Uses. All site plans shall provide for the elimination of nonconforming uses. (Ord. 3233 § 29, 2016; Ord. 3010 § 5 (Exh. A), 2013; Ord. 2441 § 14, 2003; Ord. 2388 § 37, 2001; Ord. 2020 § 19, 1994; Ord. 1911 § 2, 1992; Ord. 1790 § 4, 1990; Ord. 1686 § 2, 1989; Ord. 1359 § 4, 1983; Ord. 963 § 1, 1978; Ord. 522 § 3, 1969)

21.46.910 East 196th PCD overlay regulations.

Repealed by Ord. 2441. (Ord. 2388 § 38, 2001; Ord. 2310 § 43, 2000; Ord. 2020 § 19, 1994; Ord. 1948 §§ 1 – 7, 1993)