Chapter 21.54
COMMERCIAL-RESIDENTIAL ZONE

Sections:

21.54.050    Purposes.

21.54.100    Land use.

21.54.140    Accessory uses.

21.54.150    Project design review.

21.54.200    Area and dimensional standards.

21.54.220    Parking.

21.54.230    Repealed.

21.54.240    Repealed.

21.54.250    Minimum lot size.

21.54.500    Signs.

21.54.900    Other regulations.

21.54.050 Purposes.

This Commercial-Residential zone is intended to implement the future land use plan map by allowing development of a mix of commercial and residential land uses that can be supported by transit facilities. The key concept is to locate complementary land uses within convenient walking distance of each other connected by safe, direct, pedestrian oriented walkways. A wide variety of commercial uses are permitted in this zone in order to promote development of commercial centers that serve both nearby residents and users of the transit facilities. Multiple-family residences are permitted at these properties to provide the opportunity to live and work at a single property or development and walk to stores, services, entertainment and other activities, and to promote the use of public transit, carpools or vanpools for commuting or other travel. (Ord. 2977 § 1 (Exh. A), 2013; Ord. 2441 § 18, 2003; Ord. 2205 § 1, 1998)

21.54.100 Land use.

A. Commercial Uses. Except as specifically stated otherwise in this section, all land uses permitted “by right” in the city center zones are permitted “by right” in this zone. All land uses permitted with approval of a conditional use permit in the city center zones are permitted with approval of a conditional use permit in this zone.

B. Residential Uses. Multifamily residential uses are permitted, provided the multifamily residential use is part of a mixed-use building or is on property that has commercial uses. Multifamily residential development without commercial uses on the property shall not be permitted.

C. Conditional Uses. Notwithstanding the regulations of the city center (CC) zones, the following uses are permitted in this zone with approval of a conditional use permit:

1. Convenience store.

2. Drive-in or drive-through window or any other facility that provides services to customers in vehicles.

3. Place of worship.

4. Home improvement stores.

5. Carpeting or floor covering stores.

6. Furniture stores.

7. Battery exchange station (electric vehicle).    

D. Prohibited Uses. Notwithstanding subsections (A) and (B) of this section, the following uses are prohibited in this zone:

1. Vehicle display, sales, rental, repair, washing, or servicing as a principal use except that:

a. Retail sales of new automobile tires, batteries and other motor vehicle accessories and installation thereof within a completely enclosed building; and

b. Retail sale of automobile and recreational vehicle fuels (but without repairs or servicing) when accessory to an otherwise permitted retail use over 50,000 square feet GFA.

2. Gas or service stations as a principal use.

3. Dry cleaning plants.

4. Appliance or small engine repair.

5. Self-service storage or cold storage lockers.

6. Agricultural and horticultural activities (including plant nurseries). Florist shops are permitted.

7. Marijuana and marijuana-infused products retail sales, processing or production.

8. Medical marijuana collective gardens.

9. Supervised drug consumption facilities. (Ord. 3415 § 27, 2022; Ord. 3305 § 9, 2018; Ord. 3258 § 23, 2017; Ord. 3136 § 9, 2015; Ord. 3047 § 9, 2014; Ord. 2977 § 1 (Exh. A), 2013; Ord. 2441 § 18, 2003; Ord. 2205 § 1, 1998)

21.54.140 Accessory 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. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 2977 § 1 (Exh. A), 2013; Ord. 2441 § 18, 2003; Ord. 2205 § 1, 1998)

21.54.150 Project design review.

A. Design Guidelines for Nonresidential Uses. The following structures and parking facilities permitted outright, or by conditional use permit in the Commercial-Residential 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 permitted outright, by conditional use permit in the Commercial-Residential 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. Mixed use development shall comply with applicable sections from both the Lynnwood Citywide Design Guidelines for All Districts, Multifamily Districts and Commercial Districts.

D. 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.

E. 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. 2977 § 1 (Exh. A), 2013; Ord. 2441 § 18, 2003; Ord. 2388 § 53, 2001; Ord. 2205 § 1, 1998)

21.54.200 Area and dimensional standards.

The standards in this section shall apply to all structures and nonstructural uses in this zone. No building, structure or land shall be established, erected, enlarged or structurally altered, except in conformance with these standards and Chapter 21.14 LMC.

A. Table of Standards.

Table 21.54.1 – Development Standards 

Site Planning

Minimum lot area per dwelling unit

2,000 sq. ft.

Minimum setback abutting a street

0 ft.

Maximum setback abutting a street

25 ft.1

Minimum setback abutting another property

10 ft.

Maximum building height

no limit2

Corner lot – Minimum area of landscaped area at intersection

500 sq. ft.

Minimum pedestrian area at building entries

200 sq. ft.

Minimum setback from any residential zone

25 ft.

Maximum lot coverage

70 percent

B. Notes.

1. a. Up to 50 percent of a building fronting a street may be set back up to 50 feet to accommodate plazas, courtyards, prominent entranceways or other frontage modulation. The areas within such additional setbacks are subject to the same landscaping, street furnishing, etc., guidelines otherwise required.

b. Single-story, single-tenant buildings greater than 100,000 square feet in gross floor area may be exempt from the 25-foot maximum setback requirement if all of the following are met:

i. A pedestrian park or plaza shall be provided at a size at least equivalent to five percent of the gross floor area of the building(s). The open space shall be in addition to that required under the design review process required by LMC 21.54.150.

ii. A minimum five-foot-wide pedestrian corridor shall be provided from the main building entrance to abutting parcels with multifamily residential development.

iii. Parking spaces exceeding the minimum capacity requirements required by Chapter 21.18 LMC shall be provided in a parking structure that may be above or below ground (i.e., shall not be surface parking). Such structure may serve multiple buildings and users.

2. Any portion of a building or structure with a height greater than 35 feet shall be set back from all property lines a minimum of one foot for every two feet in height above 35 feet.

C. Additional Standards.

1. Any surface parking lot that is more than 130 feet in any dimension shall have marked pedestrian walkways leading to adjacent building entries, subject to approval by the development and business services director.

2. Special paving shall be installed and maintained at all driveways and other points of access for vehicles to/from a public street. “Special paving” shall include, but is not limited to, bomanite, stamped or colored concrete, and concrete pavers. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 3326 § 16, 2019; Ord. 2977 § 1 (Exh. A), 2013; Ord. 2441 § 18, 2003; Ord. 2388 § 54, 2001; Ord. 2205 § 1, 1998)

21.54.220 Parking.

For calculating the required number of parking stalls see Chapter 21.18 LMC.

A. Reduction in Parking for a Common Driveway. Owners of adjoining properties will be encouraged to enter into agreements to provide for shared access, egress, and parking facilities by allowing a reduction of the total parking requirements for such properties. Property owners desiring to take advantage of this reduction policy may submit detailed plans to the city, and if such plans are approved by the development and business services director and public works director, the required off-street parking for each respective parcel may be reduced, provided:

1. That no reduction shall be more than twice the number of standard sized parking stalls which could be accommodated by the actual square footage of parking lot area of each respective parcel served by the common driveway;

2. That such reduction in parking will not reduce parking by more than 10 percent of the amount otherwise required;

3. A coordinated parking lot layout and landscaping plan is submitted, approved, and conforms to the specifications of this code;

4. In circumstances where buildings already exist, that the plans include a reasonable effort to coordinate, redesign or refinish the exterior of the buildings in a unified manner so as to improve the visual image of the street and vicinity;

5. The plans provided for streets adjoining the properties involved to be improved to city standards, including sidewalk, curb, and gutter, or reasonably equivalent guarantee of such improvement are provided;

6. Traffic flow is improved through joint use of the same entrances;

7. That the parties owning the properties enter and record into a written agreement recorded with the county auditor, defining their rights, duties, reciprocal easements, and providing for maintenance and repair in such a manner that the city reasonably assured that the property will have an orderly, permanent management, which agreement shall notify persons dealing with the title to said lands that the right to reduced parking is conditional upon the continued existence of the common driveway; and

8. The city has reviewed consent by all owners that additional building permits on any of the land so affected will not be issued by the city unless separate and/or additional parking is provided.

B. Parking Structure Development Standards. Parking structures shall meet the design requirements of LMC 21.18.710, Parking structure development standards, except that parking structures screened from streets by other buildings need not meet the LMC 21.18.710(C)(5) requirement to set back floors above the third floor.

C. Supersede. Applicable parking standards as adopted in Chapter 21.18 LMC shall supersede any development standards and requirements of this chapter that may conflict, unless specified otherwise in this chapter. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 2977 § 1 (Exh. A), 2013; Ord. 2441 § 18, 2003; Ord. 2205 § 1, 1998)

21.54.230 Additional street frontage landscaping requirements.

Repealed by Ord. 3326. (Ord. 2977 § 1 (Exh. A), 2013; Ord. 2441 § 18, 2003; Ord. 2205 § 1, 1998)

21.54.240 Buffer areas.

Repealed by Ord. 3326. (Ord. 2977 § 1 (Exh. A), 2013; Ord. 2451 § 7, 2003; Ord. 2441 § 18, 2003; Ord. 2205 § 1, 1998)

21.54.250 Minimum lot size.

Property proposed for development under these commercial-residential regulations shall encompass a development site area of at least five acres. (Ord. 2977 § 1 (Exh. A), 2013; Ord. 2441 § 18, 2003; Ord. 2205 § 1, 1998)

21.54.500 Signs.

A. Wall signs and freestanding signs shall be allowed, as provided in LMC 21.16.310, except that:

1. Freestanding signs, other than monument signs, ground signs and directional signs, are prohibited.

2. The maximum height of a freestanding sign in this zone shall be 10 feet. (Ord. 2977 § 1 (Exh. A), 2013; Ord. 2310 § 50, 2000)

21.54.900 Other regulations.

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

B. Setback. Refuse and recycling collection areas in the CR zone 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:

1. Set back a minimum of 20 feet from a public street;

2. Set back a minimum of 25 feet from any interior property line adjoining an RS or RM zone; or

3. Set back a minimum of 10 feet from any other interior property line.

C. Design. 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.

1. 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).

2. The enclosure shall include a gate which can be secured in an open or closed position.

3. If the gate is made of metal chain link fencing, the fencing shall contain slats which screen the view of containers and material inside the collection area.

4. An alternative design may be approved if it is determined that such alternative would provide equal or better screening, architectural compatibility, and containment.

D. Parking. A refuse and recycling collection area shall be located in such a way that new or existing parking stalls will not prevent or interfere with the use and servicing of the collection area.

E. Size, Location and Construction. Refuse and recycling collection areas shall be sized, located, and constructed per standards established by the public works department. (Ord. 2977 § 1 (Exh. A), 2013; Ord. 2441 § 18, 2003; Ord. 2388 § 55, 2001; Ord. 2205 § 1, 1998)