Chapter 21.62
HIGHWAY 99 MIXED USE ZONE

Sections:

21.62.100    Purpose.

21.62.150    Interpretation.

21.62.200    Permitted land uses.

21.62.210    Prohibited uses.

21.62.250    Regulations for specific uses.

21.62.300    Project design review.

21.62.400    Development standards.

21.62.450    Treatment at transitional property lines.

21.62.500    Repealed.

21.62.600    Nonconforming structures, sites and uses.

21.62.100 Purpose.

The purpose of this zone is to promote the development of mixed use nodes at key intersections on Highway 99 (Hwy 99) generally located at bus rapid transit (BRT) stops, as envisioned by the Highway 99 subarea plan. Development in these nodes may consist of a combination of pedestrian-oriented retail that serves the local residential population, region-serving retail, multifamily residential development and/or a combination thereof (mixed use). Businesses and residences in this zone will be within a pedestrian-oriented environment designed to cater to transit, walking, and bicycle traffic. Mixed use development can be in the form of vertical mixed use (residential on top of commercial) or horizontal mixed use (residential adjacent to commercial). Development standards and design guidelines will define building and spatial relationships, with particular emphasis on the design of pedestrian spaces, linkages between development, Highway 99, BRT stations, and related pedestrian facilities and amenities. (Ord. 2911 § 1, 2011)

21.62.150 Interpretation.

No building, structure or land shall be used and no building or structure shall be erected, enlarged or structurally altered except as provided in the regulations in this chapter. In the event of conflict between provisions in this chapter and other provisions of this title, the provisions of this chapter shall prevail. (Ord. 2911 § 1, 2011)

21.62.200 Permitted land uses.

The following land uses are permitted:

A. Principal Uses Permitted Outright.

1. Retail, office, eating/entertainment (including brewpubs, and outdoor dining as an accessory use to an indoor restaurant), professional offices (including medical and vet clinics), institutional and personal service uses are permitted, except as provided below for conditional uses and prohibited uses.

2. Multiple-family residences (including convalescent and nursing homes, and housing for the elderly and physically disabled).

3. Wireless communication facilities.

a. Facilities attached (to buildings and structures), with no limitations; and

b. Freestanding facilities (towers) when designed so that they are not readily identifiable as such, and are designed to be aesthetically compatible with existing and proposed building(s) and uses on a site – sometimes referred to as a “stealth” or “camouflaged” facility. Examples of concealed support structures that can have a secondary, obvious function include, but are not limited to, the following: church steeples, bell towers, clock towers, cupolas, light standards, utility poles, flagpoles, or trees.

c. Freestanding facilities existing on the effective date of this chapter are a permitted use.

4. Transit stops/stations, not including park-and-ride, park-and-pool, or other transit-related parking areas.

5. Senior center or community center.

6. Day-care (for children or adults).

7. Boarding house, dormitory or other group residential facility suitable for students.

8. Inn or hotel; provided, that parking for any rooms in excess of 100 rooms shall be located in a parking structure.

9. Auto/vehicle dealership (new and/or used vehicles) and vehicle service company, whether a building intended for occupancy by these uses is vacant (structures with a history of housing these uses) or in use, at the time of adoption of this chapter, may expand the business to other parts of the property in existence at the time of the ordinance codified in this chapter, but may not expand to adjoining parcels; provided, that a use that is absent from a property and/or the property is used for other purposes for a continuous period of seven years shall not be allowed to reestablish itself as a dealership or vehicle service company.

10. Drive-up or drive-through service and/or drive-through window subject to the following requirements:

a. No component of the drive-through (such as approaching drive aisle, order box, service window, etc.) shall be located between the building it serves and a public street unless another intervening building(s) or building screening (walls and roof) exists between the drive-through and street that blocks visibility of the drive-through from the street; and

b. No more than two drive-through lanes (plus a by-pass lane, where necessary) shall be permitted for the specific business being served by the drive-through lane.

c. Access to the drive-through shall be provided only from a project parking area; direct access to a drive-through from a project entry aisle or from a public street is not allowed.

d. Any/all service windows within 150 feet of a public street may only be located on a building wall that sits at an angle of at least 90 degrees to the public street.

e. See also LMC 21.18.810 (Stacking lanes for drive-through facilities).

11. Indoor amusements such as arcades, bowling, pool halls, etc.

12. Auto parts and accessory stores with no service/installation work on the premises.

13. Health and fitness club.

14. Electric vehicle charging station, Level 1, Level 2 or Level 3.

B. Principal Uses Allowed by Conditional Use Permit.

1. Performing arts facility.

C. Allowed Accessory Uses. Uses that meet the definition “accessory” in this code shall be permitted, except that a new accessory use may not be established at a site with a nonconforming use. (Ord. 3047 § 11, 2014; Ord. 2911 § 1, 2011)

21.62.210 Prohibited uses.

Uses not listed above as permitted outright or allowed by conditional use permit or allowed as an accessory use to a permitted primary use, are prohibited in this zone. Notwithstanding any provision above, the uses listed below are specifically prohibited:

A. Drive-up or drive-through service and/or window that does not meet the requirements of LMC 21.62.200(A)(10).

B. Auto-oriented commercial uses including, but not limited to:

1. Gas stations;

2. Auto repair, auto service shops, or the like;

3. Auto wrecking, recycling businesses and/or yards;

4. Car washes; and

5. New auto dealerships (new and/or used vehicles), except as provided in LMC 21.62.200(A)(9).

C. Adult establishments and adult retail uses.

D. Industrial uses.

E. Warehouses, mini-warehouses, self-storage, mini-storage and the like.

F. Park-n-ride and park-n-pool lots or facilities.

G. Freestanding wireless communications towers and support structures (attached wireless facilities are permitted; see LMC 21.62.200).

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

I. Medical marijuana collective gardens.

J. Supervised drug consumption facilities. (Ord. 3305 § 13, 2018; Ord. 3136 § 14, 2015; Ord. 2911 § 1, 2011)

21.62.250 Regulations for specific uses.

A. Veterinarian Clinics. See LMC 21.46.114(A).

B. Assisted Care Facilities and Senior Housing. See requirement for passive recreation and/or open space in LMC 21.46.116(D)(2)(b).

C. Temporary Outdoor Display of Merchandise. Small, temporary displays of products or merchandise offered for sale by a business may be displayed outdoors; provided, that:

1. The display shall be located no more than 20 feet from the primary entry to the business; and

2. The area occupied by the display shall not exceed 300 square feet; and

3. The products or merchandise shall be displayed outdoors only when the business is open; and

4. Sidewalks shall not be enclosed as building space for retailing by fencing or other means that effectively limit public use of the sidewalk; and

5. The limitations in this subsection do not apply to the display of automobiles or other merchandise that require outdoor storage. Such displays are permitted as a normal part of that use or business. (Ord. 3283 § 10, 2018; Ord. 3258 § 25, 2017; Ord. 2911 § 1, 2011)

21.62.300 Project design review.

A. Design Guidelines. Construction of the following structures and parking facilities in the Highway 99 mixed use zone shall comply with the Highway 99 design guidelines (which are adopted by this reference as if fully set forth herein) and receive approval pursuant to Chapter 21.25 LMC, unless otherwise specified in this chapter:

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

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; or

3. Construction of or addition to any structure containing residential units.

B. Supersede. Applicable Highway 99 design guidelines shall supersede any development standards and requirements of this chapter that may conflict, unless otherwise specified in this chapter.

C. Gateways and Prominent Intersections. See zoning map to identify development project sites at 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 is located at a gateway or prominent intersection location, then the entire project shall comply with the applicable citywide design guideline(s). (Ord. 2911 § 1, 2011)

21.62.400 Development standards.

A. Building to Site Relationships. Development shall meet the following standards:

Table 21.62.01 

 

Development Level

1

2

3

Sites with nonresidential development only and less than 2 acres in size

Sites with nonresidential development only, on sites 2 acres or greater in size OR sites of any size with residential development of less than 20 dwelling units/acre

Sites with residential/mixed use development or residential-only development with 20 dwelling units/acre or more of residential development

Development Standard

 

Minimum Setbacks*:

 

 

 

Public Street:

None

None

None

Interior Property Lines:

None

None

None

Ground Floor Residential Units+:

10 ft.

10 ft.

Minimum Sidewalk Width Along Public Streets:

12 ft.

12 ft.

12 ft.

Maximum Lot Coverage:

25%

35%

None

Maximum Building Height:

35 ft.

50 ft.

90 feet, not to exceed six stories

Minimum Dwelling Units/Acre++

NA

NA

20 DU/A

Maximum Floor-Area Ratio

0.5

1.0

3.0

Notes:

*    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 easements. 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.

B. Minimum Size of Structures with Residential Dwelling Units. Residential development is encouraged as part of development of parcels in this zone, but it is not required. Where development of one or more parcels in this zone includes new residential development, the residential development shall comply with the following standard: the minimum height of a structure with residential units shall be three stories above grade.

C. Parking and Vehicle Circulation. Off-street parking for uses in this zone shall be provided and maintained consistent with the regulations in Chapter 21.18 LMC and LMC 21.46.900(D), with the following exceptions:

1. New residential development will have a minimum requirement of one parking space per dwelling unit. Surface parking is limited to a maximum of two parking spaces per dwelling unit; additional parking for residential development shall be located in a parking structure. Tandem parking may be used to meet residential parking requirements, provided both spaces are assigned to the same dwelling.

2. New multistory commercial development that is not part of a mixed use development with residential units at a minimum density of 20 units/acre shall provide at least 50 percent of the parking required for upper stories (any story above the first story) in a parking structure.

3. Parking for commercial and other nonresidential uses in a mixed use development with residential units shall be provided at a minimum rate of three parking spaces per 1,000 square feet of leasable building area (i.e., not including service corridors, ventilation shafts, sprinkler riser rooms or the like) dedicated to commercial or nonresidential uses. Parking for institutional uses and hotels/motels shall be provided as set forth in Chapter 21.18 LMC. See Chapter 21.18 LMC for allowed reductions in required parking for nonresidential uses. Tandem parking is not permitted for nonresidential uses.

4. A parking structure may be located either above or below ground, and may either be attached to a new or existing building or may be freestanding. Parking structures shall meet the requirements on Chapter 21.08 LMC.

a. Setback. Parking structures located along streets which are not “designated side streets” (as defined in the Highway 99 Design Guidelines) shall provide a landscaping area between the structure and the street which is a minimum of 25 feet wide.

b. Design. The parking structure shall comply with the Highway 99 design guidelines.

c. Vehicle Access. No parking structure entry/exit driveway shall have more than three lanes unless exceptional traffic conditions or congestion require an additional drive lane. In no case shall the number of lanes exceed four.

d. Pedestrian Connections. The design of pedestrian connections or pathways from a parking structure to the building(s) for which it provides parking shall clearly delineate and separate the pedestrian way from travel areas for vehicles.

D. Repealed by Ord. 3326.

E. Nonresidential Open Space.

1. New nonresidential development subject to project design review under this chapter and with at least 20 units/acre of residential development shall include on-site pedestrian-oriented open space at least equal to one percent of the lot area plus one percent of new nonresidential floor area. Where pedestrian-oriented facades are required by the design guidelines, the facade(s) shall be oriented towards the required open area. These requirements are in addition to the open space required for residential units, if any. The open space may be in the form of wider sidewalks (beyond the minimum), cafe seating areas, gardens, plazas or play areas.

2. New nonresidential development subject to project design review under this chapter and not including residential development of 20 units/acre shall include on-site pedestrian-oriented open space at least equal to two percent of the lot area plus two percent of new nonresidential floor area. Where pedestrian-oriented facades are required by the design guidelines, the facade(s) shall be oriented towards the required open area. These requirements are in addition to the open space required for residential units, if any. The open space may be in the form of wider sidewalks (beyond the minimum), cafe seating areas, gardens, plazas or play areas.

F. Residential Open Space. All developments with multiple-family dwelling units shall provide recreational space (for use by residents of the development) equal to at least 10 percent of the building living area (not counting corridors, lobbies, storage, service space, and similar service areas), as follows (in mixed use developments, this requirement is in addition to the nonresidential open space required under subsection (E) of this section):

1. Common open space may be used for all of the required open space. Common open space includes landscaped courtyards or decks, gardens with pathways, children’s play areas, or other multipurpose green spaces. In addition:

a. Minimum required setback areas shall not count towards the open space requirement;

b. Minimum required landscaping areas shall not count towards the open space requirement;

c. Common open spaces shall be a minimum size of 1,000 square feet each with a minimum dimension of 20 feet on all sides except where the development and business services director determines that the proposed space is functional for appropriate active or passive recreational uses.

2. Individual balconies and patios may be used to meet up to 50 percent of the required open space. To qualify as open space, balconies/patios must be at least 35 square feet with no dimension less than five feet.

3. Space at rooftop decks may count for up to 50 percent of the required open space, provided:

a. Space shall be accessible (ADA) to/from all dwelling units;

b. Space shall provide amenities such as seating areas, landscaping, and/or other features that encourage recreational use;

c. Space shall feature a maximum of 75 percent hard surfacing appropriate to encourage resident use;

d. Space shall incorporate features that provide for the safety of residents, such as railings, enclosures and appropriate lighting levels. Lighting shall be of pedestrian scale and shall not project past the roofline to neighboring properties.

4. Indoor recreational areas may count for up to 50 percent of the required open space only in mixed use buildings where other forms of open space are less feasible. Indoor areas shall be designed specifically to serve interior recreational functions.

G. Fences and Retaining Walls.

1. Permitted fences, except as provided below.

a. Fences up to three feet in height are permitted.

b. Fences up to six feet in height are allowed along side and rear property lines (provided they are not parallel to a public right-of-way) and to enclose allowed service areas, storage areas, and other spaces.

2. Prohibited Fences.

a. Chain-link fences.

b. Electric fences.

c. Barbed wire and razor fencing.

d. Wood fences (manufactured wood products are acceptable).

e. Fencing shall not be installed along principal, collector, or minor arterials, except where the property owner or applicant demonstrates the fence is necessary for security purposes. Such fences shall not diminish the pedestrian qualities of the street and shall not encroach into the “sight triangle” as required by Chapter 21.10 LMC.

3. Retaining Wall Standards. For retaining walls that are visible from a public right-of-way or a residentially zoned property, no above-ground portion of a retaining wall shall be taller than four feet in height.

H. Service Areas.

1. Exterior service areas shall not be located within 30 feet of a single- or multiple-family residential-zoned property or of an existing building containing residential units. Service areas include but are not limited to: loading docks, trash dumpsters, compactors, refuse and recycling areas, and mechanical equipment areas.

2. All external trash, recycling, and storage areas are required to be enclosed with a solid structure with a minimum height of seven feet and a roof. However, if the area is not visible from an adjacent property or public right-of-way, the enclosure does not require a roof. Enclosures shall be constructed of materials that match or complement the exterior materials of primary building(s).

I. Street Trees. Street trees shall be provided every 30 feet or less on center or spaced as directed by city staff. All trees shall be chosen from the city-approved tree list and shall have a minimum two-inch caliper at planting. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 3326 § 18, 2019; Ord. 2911 § 1, 2011)

21.62.450 Treatment at transitional property lines.

Where a property zoned Highway 99 mixed use abuts a property zoned residential, the following regulations shall apply:

A. Setback and building height adjacent to a multifamily residential zone:

1. For the portion of the property line adjacent to a multifamily zone, the setback shall be a minimum of 15 feet.

2. Portions of buildings within 30 feet of an adjacent multifamily zone shall have a maximum height of 35 feet.

3. Portions of a building more than 30 feet and less than 60 feet from a multifamily zone shall have a maximum building height of 65 feet.

B. Setback and building height adjacent to a single-family residential zone:

1. For the portion of the property that has a property line adjacent to a single-family zone, the setback shall be a minimum of 20 feet.

2. Portions of buildings within 30 feet of a single-family zone shall have a maximum building height of 25 feet.

3. Portions of a building more than 30 feet and less than 50 feet from a single-family zone shall have a maximum building height of 45 feet.

4. Roof decks designed for human activities and balconies overlooking single-family zones shall be set back from the property line at least 30 feet. (Ord. 3326 § 19, 2019; Ord. 3283 § 11, 2018; Ord. 2911 § 1, 2011)

21.62.500 Swift Station off-street parking and landscaping.

Repealed by Ord. 3326. (Ord. 2911 § 1, 2011)

21.62.600 Nonconforming structures, sites and uses.

It is expected that existing development and uses will remain in the nodes for a substantial amount of time, even as some properties in the nodes are redeveloped. However, it is necessary to ensure that all forms of development contribute positively to the character and quality of the nodes. Changes to nonconforming conditions shall not increase the degree of nonconformity, but rather move the site and its uses and buildings towards greater conformity. Given the location and configuration of current buildings, application of all zoning regulations and design guidelines may not be possible or practical; however, every effort should be made to comply with such standards for the portions of sites and buildings in proximity to the alterations being made. This section supersedes Chapter 21.12 LMC.

A. Prohibited Uses. Any prohibited uses legally existing at the time of the adoption of the ordinance codified in this chapter shall be considered “legal nonconforming uses.” Such uses are not permitted to expand or to relocate anywhere in either of these zones. Exterior landscaping, facade improvements, or interior upgrades are permitted.

B. Nonconforming Sites. Certain types of minor changes to existing site development would not trigger compliance with the development regulations and design guidelines for this zone, such as restriping of stalls, new or altered signage, lighting or renovation of landscaping. Any other exterior renovation that is subject to project design review approval shall incorporate site design features from the design guidelines that bring the site more into compliance with the guidelines. Compliance should be localized to the area being altered and the incorporated site design features shall be directly proportionate to the value or size of the proposed improvements.

C. Nonconforming Buildings. There are many buildings and other structures existing at the adoption of the ordinance codified in this chapter that do not comply with the zoning regulations and design guidelines for this zone. Expansion of building footprints by 1,000 square feet or more or renovation over 10 percent of the assessed or appraised value of the buildings on site, whichever value is greater, shall trigger compliance with both these regulations and site and building design guidelines. Compliance should be localized to the area of the building being altered and shall be directly proportionate to the value or size of the proposed improvements, whichever is greater. Particular emphasis should be given to the provision of pedestrian amenities oriented towards streets; e.g., if a building is expanded towards the street, elements such as parking lot landscaping and pedestrian connections to the sidewalk are expected to be accomplished. (Ord. 2911 § 1, 2011)