Chapter 21.48


21.48.050    Purpose.

21.48.100    Permitted uses.

21.48.105    Project design review.

21.48.110    Limitations on uses – General.

21.48.111    Limitations on uses – Auto-oriented uses.

21.48.112    Repealed.

21.48.113    Repealed.

21.48.114    Limitations on uses – Medical uses.

21.48.115    Repealed.

21.48.116    Limitations on uses – Residential uses.

21.48.117    Limitations on uses – Retail uses.

21.48.118    Limitations on uses – Light industrial uses.

21.48.119    Repealed.

21.48.200    Development standards.

21.48.210    Additional development standards.

21.48.220    Repealed.

21.48.500    Signs.

21.48.510    Prohibited signs.

21.48.800    Procedures and standards for consideration of rezoning to this zone.

21.48.900    Other regulations.

21.48.050 Purpose.

The purpose of this classification is to provide for the location and development of planned shopping centers under standards and regulations which relate to the conditions of a modern shopping center, recognizing it to be distinctly different than an ordinary business area, in design, in ownership and management, and in community impact. Whereas an ordinary business area develops gradually and therefore is regulated in the public interest on a parcel by parcel basis or as each building is constructed, a planned shopping center is developed all at once or in large stages. It is the intent of this classification that the public interest shall be served by regulations and standards which will apply to the shopping center as a whole rather than applying the regular standards of other business zones to each individual business within the shopping center. It is further intended that through the provisions of this zone, shopping centers will be so located and internally arranged as to complement the existing or planned land use pattern in the immediate vicinity of the shopping center so that any adverse effect of the shopping center on nearby property will be minimized, and that safe and efficient access to the shopping center will be provided with the minimum of traffic congestion on public streets in the vicinity. It is also a purpose of this zone that the applicant or developer may be required to provide data to aid the planning commission and city council in determining if a change in the zoning map could be in the public interest. (Ord. 2441 § 15, 2003; Ord. 2020 § 20, 1994; Ord. 447 § 1, 1968)

21.48.100 Permitted uses.

A. All uses permitted in the Neighborhood Commercial (NC) and General Commercial (CG) zone are permitted in this classification, except for the following:

1. Outdoor used automobile sales;

2. Funeral parlors and mortuaries;

3. Self-service storage facilities;

4. Marijuana and marijuana-infused products retail sales, processing and production;

5. Medical marijuana collective gardens; and

6. Supervised drug consumption facilities. (Ord. 3305 § 7, 2018; Ord. 3233 § 30, 2016; Ord. 3136 § 6, 2015; Ord. 3010 § 6, 2013; Ord. 2947 § 7, 2012; Ord. 2441 § 15, 2003; Ord. 2388 § 39, 2001; Ord. 2020 § 20, 1994; Ord. 447 § 1, 1968)

21.48.105 Project design review.

A. Design Guidelines for Nonresidential Uses. The following structures and parking facilities permitted outright, by conditional use permit or special use permit in the Planned Regional Shopping Center 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 planned regional shopping center 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 § 15, 2003; Ord. 2388 § 40, 2001)

21.48.110 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 21.48.111 through 21.48.119 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 21.48.100; 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 21.48.100, 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 used 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 be not 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 21.48.118(B)) are allowed outdoors subject to the provisions of subsection (B)(1) of this section.

5. Rental Automobiles and Light Trucks. The on-site parking and storage of rental automobiles and light trucks (rated at one-ton capacity or less) is allowed; however, such parking and storage shall be restricted to:

a. A staging area for a maximum of five vehicles. This area may be located within existing parking lots, but shall not utilize parking stalls required by LMC 21.18.800 for the uses on the site. The staging area shall be paved and striped to the standards of Chapter 21.18 LMC and shall be designated for use by rental vehicles only.

b. A storage area for a maximum of 15 vehicles. This area shall be located no closer to a public street than a point equal to the closest part of any building on the site to the street and shall be screened with landscaped area at least five feet wide containing evergreen conifer trees with a minimum height of six feet and spaced no more than 15 feet on center, backed by a six-foot fence which forms an effective barrier to sight; the remainder of the planting strip shall be planted with low evergreen plantings which will mature to a total groundcover within five years.

c. No service or sales of rental vehicles shall be allowed.

6. Cross-Reference. See also LMC 21.46.100.

C. On-Site Processing. All products made incident to a permitted use which are manufactured, processed or treated on the premises shall be sold on the premises only, and at retail only. (Ord. 2441 § 15, 2003; Ord. 2020 § 20, 1994)

21.48.111 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. In the Planned Regional Shopping Center zone, used car sales are permitted accessory to the new car agency as an indoor use, or on an open lot which does not exceed two times the area of the agency building and which is contiguous to the new car agency. The used car area shall be other than the required off-street parking area.

B. Full-Service Stations, 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 station sites 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 provided for the applicable zone.

e. Off-Street Parking and Landscaping. Same as Chapter 21.18 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 Islands. 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 stall to the pump island.

i. Signs. See LMC 21.16.320 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, and 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 Limit and Maximum Lot Coverage and Interior Yard Setbacks. As provided for the applicable zone.

3. Operation, Supervision, and Maintenance Restrictions.

a. Unattended coin-operated and unattended self-service dispensing of fuel shall not be permitted.

b. 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.

c. Wrecked or dismantled vehicles shall not be stored out-of-doors for more than 24 hours. Operation of a rental agency or sales 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 business license shall be accompanied by a site plan, and any vehicles 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.

d. 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 21.04.310. Landscape maintenance shall also comply with applicable Lynnwood Citywide Design Guidelines, as adopted by reference in LMC 21.25.145 (B)(3).

e. 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 pump emergency shut-off system.

f. 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.

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

h. 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 coolers which store alcoholic beverages shall be provided for monitoring. Observation mirrors shall also be provided.

i. 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.

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 Uniform Fire and Uniform 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.

7. 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 2.22 LMC. However, the hearing examiner may consider these criteria as part of the conditional use permit process, instead of a separate variance application.

C. 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 application. (Ord. 2441 § 15, 2003; Ord. 2388 § 41, 2001; Ord. 2310 § 44, 2000; Ord. 2020 § 20, 1994; Ord. 1790 § 7, 1990; Ord. 1671 §§ 6, 10, 1989; Ord. 1119 § 4, 1980)

21.48.112 Limitations on uses – Restaurants.

Repealed by Ord. 3233. (Ord. 2441 § 15, 2003; Ord. 2020 § 20, 1994)

21.48.113 Limitations on uses – Institutional uses.

Repealed by Ord. 3233. (Ord. 2441 § 15, 2003; Ord. 2020 § 20, 1994)

21.48.114 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. 2441 § 15, 2003; Ord. 2020 § 20, 1994)

21.48.115 Limitations on uses – Office uses.

Repealed by Ord. 3233. (Ord. 2441 § 15, 2003; Ord. 2020 § 20, 1994)

21.48.116 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 services, including a main lobby, desk attendant, and room service. When accessory uses providing services for 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. Dwellings may be permitted, consistent with the use and development regulations for multiple-family dwellings in the PCD zone.

C. Assisted Living and Continuing Care Housing. These uses 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 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;

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 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 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. 3233 § 34, 2016; Ord. 3140 § 7, 2015; Ord. 3090 § 5, 2014; Ord. 2441 § 15, 2003; Ord. 2020 § 20, 1994)

21.48.117 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. 2020 § 20, 1994)

21.48.118 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 § 35, 2016; Ord. 2441 § 15, 2003; Ord. 2020 § 20, 1994)

21.48.119 Limitations on uses – Other uses.

Repealed by Ord. 3233. (Ord. 2441 § 15, 2003; Ord. 2020 § 20, 1994)

21.48.200 Development standards.

A. Minimum Setbacks. There shall be a minimum setback for buildings of 15 feet from any public street right-of-way and 50 feet from any property line adjoining a residential zone, with the following exceptions:

1. Buildings which are to be used for professional offices, and which do not exceed a height of 25 feet above the average finished grade around the foundation of the building, shall be set back 50 feet from any property line adjoining a RS zone and 25 feet from any property line adjoining a RM zone; and

2. See LMC 21.16.320 for sign regulations.

B. Maximum Building Height. Building height is not restricted.

C. Maximum Lot Coverage by Buildings. Lot coverage is not restricted. (Ord. 3415 § 52, 2022; Ord. 3090 § 6, 2014; Ord. 2388 § 42, 2001; Ord. 2310 § 45, 2000; Ord. 2020 § 20, 1994; Ord. 1015 § 1, 1979; Ord. 447 § 1, 1968)

21.48.210 Additional development standards.

A. Parking.

1. Required Number of Stalls. See Chapter 21.18 LMC, with the exception of residential parking below.

2. Residential parking shall have a minimum of one and a maximum of one and one-half spaces per dwelling unit or as determined by the development and business services director based upon data submitted by the applicant.

B. Fences and Hedges. Fence and hedge regulations are as provided in Chapter 21.10 LMC. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 3326 § 14, 2019; Ord. 3233 § 37, 2016; Ord. 2441 § 15, 2003; Ord. 2409 §§ 2, 3, 2002; Ord. 2388 § 43, 2001; Ord. 2020 § 20, 1994; Ord. 1770 § 13, 1990; Ord. 1461 § 2, 1985; Ord. 1424 § 2, 1984; Ord. 1253 §§ 3, 4, 1982; Ord. 1241 § 3, 1982; Ord. 854 § 3, 1976; Ord. 575 § 1, 1970; Ord. 447 § 1, 1968; Ord. 407 § 2, 1968)

21.48.220 Transition or buffer strips.

Repealed by Ord. 3326. (Ord. 2451 § 4, 2003; Ord. 2441 § 15, 2003; Ord. 2388 § 44, 2001; Ord. 2020 § 20, 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. 447 § 1, 1968; Ord. 386 §§ 2, 3, 1968; Ord. 383 § 3, 1968; Ord. 190 Art. X §§ 10.6, 10.7, 1964)

21.48.500 Signs.

See LMC 21.16.320 for sign regulations. (Ord. 2310 § 46, 2000)

21.48.510 Prohibited signs.

See LMC 21.16.320 for sign regulations. (Ord. 2310 § 47, 2000)

21.48.800 Procedures and standards for consideration of rezoning to this zone.

A. Ownership. A PRC zone may be established only upon land held in single ownership or under unified control, which land contains no public streets or alleys, except streets deemed necessary by the city for the movement of vehicular traffic and except any rights-of-way for public utility purposes. In the event that a vacation of streets, alleys or plats is necessary in order to meet the requirements of this section, a proper petition for the vacation shall be filed with the city on or before the date of public hearing of the rezone request. Rededication of the vacated streets, in the event that the proposed shopping center is not constructed, may be provided for in a contractual agreement between the developer and the city. When portions of an established PRC zone are sold to third parties, said purchasers shall be subject to all of the provisions of this chapter.

B. Size. The minimum area for each PRC zone shall be 50 acres.

C. Elimination of Nonconforming Use. If a PRC zone is established upon a tract of land which would contain a nonconforming use after the passage of the amendment to the zoning map, the development plan for the tract shall include the elimination of the nonconforming use.

D. Submittal Requirements.

1. Market Analysis. As part of an application for the PRC zone, the applicant shall submit a market analysis, acceptable to the city council and planning commission and conducted by a recognized market analyst, which shall serve as a guide to the city council and planning commission for the evaluation of the application in terms of the need or desirability to change the zoning in the public interest; the amount of land included in the rezoning application which can be realistically supported in commercial use; and a finding that the proposed development will promote the general welfare of the city.

2. Proof of Ability to Complete Project. Prior to the submission of a petition for rezoning an area to PRC zone, the developer shall submit all evidence deemed necessary by the council and/or the planning commission of its ability to undertake the proposed project.

3. Preliminary Site Plan. The applicant or developer shall submit a preliminary site development plan for the shopping center showing a unified and organized arrangement of buildings, off-street parking, internal vehicular traffic and pedestrian circulation, and service facilities which are feasible for the property on which the center is proposed and which planned development shall minimize any adverse effect of the center on the properties surrounding the proposed development. The city of Lynnwood may require the site development plan to be submitted before holding a public hearing on the establishment of this zone. The plan shall contain information showing compliance with the requirements of this chapter and all other applicable city ordinances. Any changes in the site plan shall be filed with the city of Lynnwood and no building permit shall be issued for any structure which is not in conformance with the site plan currently on file with the city.

4. Traffic Circulation Plan. The location of a PRC zone shall have an acceptable relationship to the arterial street plan for the city of Lynnwood. For this purpose the applicant or developer shall submit a traffic circulation plan showing the adequacy of the streets providing access to the shopping center to carry the traffic generated by the shopping center, proper methods of ingress and egress to and from the center, necessary acceleration and deceleration lanes and necessary traffic control devices, including channelization.

E. Contractual Agreement.

1. Public Improvements. In the event that the traffic to be generated by the shopping center is found to create a need for street construction, widening or other street improvements, the financial responsibility of the developer for all or any part of the costs of street construction, widening or resurfacing, acceleration and deceleration lanes, traffic control devices and signs, including channelization, sidewalks, curbs and gutters, and utilities, shall be made the subject of a contractual agreement between the developer and the city; provided, that in any event the developer shall be required to construct proper ingress and egress driveways to the shopping center and street curbing as required by city ordinance. An ordinance establishing the PRC zone shall not be considered until the developer and the city have entered into a contractual agreement as contemplated herein.

2. Rezoning for Nonperformance. The agreement shall further provide that if the developer fails to proceed with the construction within the time provided for in this chapter, that the developer shall not oppose proceedings to have the area reclassified, and shall take no further action to construct buildings in the development other than to complete any buildings under actual construction.

3. Bond. Further, the agreement may contain a provision requiring the developer to post a good and sufficient bond running to the city of Lynnwood with a surety company licensed to do business in the state of Washington in an amount equal to the estimated cost of the street and utility development conditioned that the developer shall faithfully perform all the provisions of the contract concerning the development of the streets and utilities and shall save the city free and harmless from all loss and damage occasioned to any person or property as a result of the developer performing the provisions of the contract.

F. Timing. A building permit must be secured and construction begun in accordance with the approved final site development plan for a PRC zone within two years from the effective date of the ordinance establishing the zone. Application may be made to the city for not more than one-year extension of the time limit for commencement of construction. Construction begun in accordance with the approved final site development plan must be completed within five years of the date construction is commenced; provided, however, that an alternate schedule for development of the center may be made a part of the contract required by this chapter. In the event that construction is not begun or not completed within the time limits specified by this chapter or by the contract, the planning commission shall review the zoning of the zone and the development which has taken place and, if deemed necessary, initiate proceedings to reclassify the zone. (Ord. 2441 § 15, 2003; Ord. 2020 § 20, 1994; Ord. 978 § 1, 1978; Ord. 447 § 1, 1968)

21.48.900 Other regulations.

A. Surface Water Management. A shopping center shall have adequate facilities for management of surface water shown on plans to the satisfaction of the city of Lynnwood prior to the issuing of the first building permit.

B. 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 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 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.

C. Elimination of Nonconforming Uses. All site plans shall provide for the elimination of nonconforming uses. (Ord. 2441 § 15, 2003; Ord. 2388 § 45, 2001; Ord. 2020 § 20, 1994; Ord. 1911 § 2, 1992; Ord. 447 § 1, 1968)