Chapter 18.90 BUSINESS AND EMPLOYMENT DISTRICTS

Chapter 18.90
BUSINESS AND EMPLOYMENT DISTRICTS

Sections:

18.90.010 Zoning districts.

18.90.020 Purposes.

18.90.030 Uses.

18.90.040 Development standards.

18.90.050 Site planning and design.

18.90.060 Performance standards.

18.90.070 Residential uses.

18.90.080 Adult entertainment facilities.

18.90.085 High-risk secured facility.

18.90.090 Parking and loading standards.

18.90.100 Signage standards.

18.90.110 Project review.

18.90.010 Zoning districts.

The city’s comprehensive plan establishes three land use designations that support the business and employment goals and policies of the city of Poulsbo. The three land use designations will also serve as titles of zoning districts on the city’s zoning map, and are identified as:

A. Office commercial industrial (OCI).

B. Business park (BP).

C. Light industrial (LI).

The three business and employment districts are intended to enhance Poulsbo’s economic base by providing suitable areas to support the employment needs of the community. The business and employment districts provide for the location of manufacturing, product processing, research and development facilities, assembly, warehousing, distribution, professional services, corporate headquarters, medical facilities and complementary educational and recreational uses among others. Limited retail, business and support services that generally serve the needs of the districts’ tenants and patrons are allowed. The business and employment districts are intended to have limited nuisance factors and hazards. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2011-02 § 9 (Exh. A (10-8) (part)), 2011. Formerly 18.28.010)

18.90.020 Purposes.

A. The office commercial industrial (OCI) district provides for business and professional offices, corporate headquarters, research and development facilities, light industry and complementary educational, and recreational uses. The district is not intended to support the general commercial needs of the community; however, limited retail sales, convenience and personal services, and residential, as subordinate uses, are allowed. The OCI district is intended to be compatible and transitional with adjoining uses, have smaller sized and scaled buildings with a more diverse mix of uses than the business park district, and have fewer nuisance factors and hazards than the light industrial district.

B. The business park (BP) district, located in the College MarketPlace master planned development, is intended to enhance the city’s economic base by providing for an integrated grouping of businesses and buildings of a larger size and scale than the OCI or LI districts may support. The BP district supports a variety of uses, such as light manufacturing, professional office buildings, and warehousing and distribution.

C. The light industrial (LI) district provides appropriate locations for combining light, clean industries, including industrial service, manufacturing, fabrication, assembly and production; business and technology research and development; and warehousing, distribution and storage activities. Professional offices and sale of goods are subordinate to permitted activities. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2011-02 § 9 (Exh. A (10-8) (part)), 2011. Formerly 18.28.020)

18.90.030 Uses.

A. Types of uses. For the purposes of this chapter, there are four kinds of use:

1. A permitted (P) use is one that is permitted outright, subject to all the applicable provisions of this title.

2. A conditional use (C) is discretionary use reviewed through the process set forth in Chapter 18.230 governing conditional uses.

3. An administrative conditional use (AC) is a discretionary use reviewed through the process set forth in Chapter 18.230 governing administrative conditional uses.

4. A prohibited use (X) is one that is not permitted in the zoning district under any circumstances.

B. Recognizing that there may be certain uses not mentioned specifically in Table 18.90.030 because of changing business, technology advances, or other reasons, the planning director is authorized to make similar use determinations, as set forth in Section 18.50.030.

The following Table 18.90.030 is a list of uses for the three zoning districts:

Table 18.90.030 Business and Employment District Uses
USE	OCI	BP	LI
Office and Professional Services
All forms of corporate, professional, public, brokerage, administrative, financial, building trade, and research offices	P	P	X
Corporate headquarters and regional offices	P	P	X
Office-oriented service providers, such as communications services, photocopying, courier and messenger services, graphic design, printing, promotional products, and the like	P	P	X
Office equipment sales and services	P	P	X
Technology service and support, copy and connectivity centers, telework centers	P	P	X
Business/Technology Research and Development
Biotechnology/medical laboratories	AC	AC	AC
Computer technology	P	P	P
Electronic components and board systems engineering and development	P	P	P
Research and research industry-oriented service providers	P	P	P
Software engineering	P	P	X
Commercial Services and Retail
Auto and boat service and repair (but not sales)	X	X	P
Auto fuel service station (An associated retail convenience structure may be allowed; however, size is limited to no more than 1,500 square feet.)	AC	AC	X unless associated in support of a permitted vehicle fleet use
Building materials retail sales (not including regional retailers which are not allowed)	AC	AC	X
Commercial convenience, personal services, and restaurant establishments (In existing or new structures 5,000 square feet or larger, commercial convenience, personal service uses, and restaurant eating/drinking establishments are allowed but are to be subordinate to the building’s primary uses. All commercial uses located in the structure shall be limited to 25% of the building’s gross square footage. No drive-through facilities are allowed.)	P	P	X
Commercial retail in conjunction with a primary use (Retail sales of products assembled, manufactured, etc., in the OCI/BP/LI zoning districts are allowed but are to be subordinate to the building’s primary use. Retail sales use is limited to 25% of the building’s gross square footage.)	P	P	P
Food service contractor	P	P	P
Food and drink where manufactured and sold on premises (on-premises tasting room, restaurant, and/or retail sales limited to 25% of gross square footage)	AC	AC	AC
Nursery/landscaping materials retail sales	AC	P	X
Wholesale product showrooms	P	P	AC
Light Industrial
Equipment rental	AC	AC	P
Industrial laundry and upholstery services	X	AC	P
Resource recycling and recovery (not including recycling dropoff facilities)	X	X	P
Manufacturing
Beverage products	AC	P	P
Cabinet shop or carpenter shop	AC	AC	P
Electrical and electronic equipment manufacture	AC	P	P
Electrical component assembly, including assembly of computer products, office equipment, and related components	P	P	P
Metal, wood and other materials fabrication and assembly in an enclosed building	AC	AC	P
Food and kindred products, manufacture, processing and packaging (excluding animal slaughtering and processing)	AC	P	P
Furniture and fixtures manufacture and assembly	AC	P	P
Handcrafted products, crafts or other art-related items	P	P	P
Large-scale and mass produced lumber and wood products (excluding sawmills)	X	AC	P
Measuring, analyzing and control instruments	P	P	P
Medical equipment and supplies	P	P	P
Miscellaneous light fabrication and assembly not otherwise named	AC	AC	P
Perfumes, cosmetics and similar preparations	AC	AC	P
Photographic, medical, audio and optical equipment	AC	P	P
Printing, publishing and allied products	AC	P	P
Products made from light stone, clay and glass	AC	P	P
Signs	P	P	P
Textiles, apparel and leather goods	P	P	P
Warehousing, Distribution and Storage
Equipment/materials outdoor storage as a primary use (including building trade and landscaping)
a. Storage yards occupying less than 10,000 square feet	AC	AC	P
b. Storage yards occupying more than 10,000 square feet	X	AC	AC
Commercial fuel distributors	X	C	AC
Mail order or direct selling and distribution	P	P	P
Packing, crating and convention and trade show services	P	P	P
Processing and/or packaging previously prepared materials	P	P	P
Self-serve mini-storage	X	AC	P
Truck and freight transportation services	X	C	AC
Warehousing, product distribution, and wholesale trade	X	AC	P
Residential
Dwelling units above nonresidential uses (mixed use structures) (Nonresidential uses must be located on ground level or first floor if ground level is parking)	P	P	AC
Employee/security units in conjunction with manufacturing, distribution or storage uses	P	P	P
Existing residential use without increase in density (subject to the provisions of Section 18.160.060)	P	P	P
Live/work units	P	X	X
Public and Quasi-Public
Essential public facilities, state and regional	P	P	P
Essential public facilities, local	C	C	C
Government maintenance shops and fleet vehicle storage	AC	AC	P
Public administration office and services	P	P	P
Public parks	P	P	P
Solid waste transfer facilities	X	C	C
Recycling dropoff facilities	X	AC	P
Utility facilities and utility system	P	P	P
Transit facilities, including park and ride lots and transfer centers	C	C	C
Wireless communication facilities (exceeding 21' in height)	C	C	C
Co-location on existing facility or structure	AC	AC	AC
Wireless communication facilities (20' or less)	P	P	P
Other
Adult entertainment businesses	X	X	P
Ambulatory and outpatient care services (physicians, outpatient clinics, dentists)	P	P	X
Child care centers	AC	AC	X
Colleges, universities, technical, trade and other specialty schools	C	C	X
Existing legal nonconforming uses (provided that the legal nonconforming use continues and does not cease to be in use for 12 months or longer. See Chapter 18.160)	P	P	P
Grade schools (K—12)	C	C	X
High-risk secured facilities	X	X	C
Hospital	C	C	X
Museums, historic and cultural exhibits	P	P	X
Privately owned amusement, sports or recreation establishments (retail sales limited to 25% of use’s total square footage)	P	P	X
Churches, new freestanding structures and existing building(s) 5,000 square feet or larger	C	C	X
Churches, under 5,000 square feet and within an existing building(s)	AC	AC	X
Sports arena or stadium	C	C	X
Veterinary clinics and hospitals (not including kennels)	P	P	X

(Ord. 2020-01 § 2 (Att. A (part)), 2020; Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2011-02 § 9 (Exh. A (10-8) (part)), 2011. Formerly 18.28.030)

18.90.040 Development standards.

For development standards, see Table 18.90.040 below.

Table 18.90.040 Business and Employment Districts Development Standards
Minimum lot area	No minimum lot area requirement.
Maximum building coverage	As provided after setbacks, landscaping, parking and other applicable standards are met.
Minimum setbacks when lot line is adjacent to a R zoning district	20', plus an additional 1 foot for each foot the building wall facing the R district exceeds an average of 25' in height, to a maximum setback requirement of 40'.
Minimum setbacks when lot line is adjacent to nonresidential zoning district	Front yard: 10' Other yards: 5' Street (public or private) frontage: 10' Setbacks may be enlarged to provide additional area to meet overall site landscaping requirement.
Maximum building height	No building or structure shall exceed 35' in height. (Roof-mounted mechanical equipment and its screening shall not be included in the height calculation.)

(Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2011-02 § 9 (Exh. A (10-8) (part)), 2011. Formerly 18.28.040)

18.90.050 Site planning and design.

A. Landscaping.

1. A minimum of twenty percent of the property area shall be landscaped. Setback, parking lot, street trees and building perimeter landscaping contribute to this requirement.

a. Critical area buffers may count toward this requirement, but cannot contribute more than forty percent of the twenty percent overall site landscaping requirement.

b. Retaining land at its natural grade with existing native vegetation is strongly encouraged and may contribute toward the required landscape percentage requirement if the existing vegetation is healthy and likely to survive development. A maintenance assurance device, agreement or bond for two years will be required to ensure the existing vegetation remains healthy and additional vegetation appropriate to the overall site’s landscape plan must be installed if the existing vegetation does not survive.

c. Low impact development techniques for stormwater management that are not fenced and can be designed to integrate vegetation appropriately into the site’s overall landscape plan, may count toward this requirement at the determination and approval of the review authority.

2. Setback Landscaping.

a. Setback areas are to be landscaped and covered with live plant materials that will ultimately cover seventy-five percent of the ground area within three years. One tree (deciduous tree of a minimum of two inches caliper or one six-foot-high evergreen tree) and three shrubs, each of which will attain a height of three and one-half feet within three years, shall be provided for every three hundred square feet of area to be landscaped.

b. Setback landscaping may include low impact development stormwater management facilities that are not fenced and can be designed to integrate vegetation appropriately into the setback’s landscape area.

c. When adjacent to any R zoning district, setback landscaping shall be provided for the full width of the setback, and will include a combination of sight-obscuring fencing, solid screen of evergreen trees and shrubs and berming, as approved by the review authority.

3. Street Trees. Street trees and related landscaping shall be provided forty feet on center for arterials and thirty feet on center for collectors within a minimum five-foot planting strip. Groundcover of sod or other approved groundcover shall be provided. Species of trees shall be as set forth in the city’s master street tree plan, if applicable, or as otherwise approved by the review authority.

4. Parking Lot Landscaping. Parking lots with more than ten spaces shall be landscaped. A minimum of five percent of the parking lot area (that area inside parking lot perimeter curbing) shall be landscaped; planting areas shall be a minimum of five feet width. Providing adequate shading opportunities should be taken into account. Parked vehicles may not overhang if the planting area is the minimum width of five feet. Wheel stops will be required when any parking space abuts landscaping. Unfenced low impact development stormwater management facilities may be located in parking lot landscaping when feasible and when designed to be integrated appropriately in the landscaped area.

5. Building Perimeter Landscaping. For any building wall that exceeds an average of thirty feet in height and combined with an unmodulated wall exceeding one hundred feet in length (not including loading areas), a planting bed is required, with a hierarchy of plantings for at least sixty percent of the wall’s length provided:

a. Columnar trees and large shrubs shall be installed a minimum of four feet from the building’s foundation within a minimum six-foot-wide planting bed at the structure’s foundation/base; or larger trees may be planted twenty-five feet on center within a fifteen-foot planting bed and a minimum ten feet from the building’s foundation.

b. Shrubs or small trees shall be planted minimum three to six feet on center (depending on size at maturity) within the required planting bed.

c. Groundcover or other organic material shall be provided to reduce wind and water erosion.

B. On-Site Pedestrian Circulation.

1. Buildings shall be linked to their fronting street(s) with primary walkways.

2. Primary walkways shall be a minimum of five feet in width, and must be visually distinct from parking lot and driveway surfaces. Pedestrian walkways may be of permeable surfacing when appropriate and as approved by the city engineer.

3. Secondary walkways are those that provide for pedestrian connection between buildings without depending upon parking lots. All buildings shall be linked to each other by a secondary walkway promoting the shortest distance between building entrances. When adjacent to an undeveloped parcel, a secondary walkway shall be provided to the property line to provide future pedestrian connection separate from a future street connection. Secondary walkways do not need to be paved.

C. Building Design Standards. The purpose of building design standards in the business and employment zoning districts is to facilitate attractive architectural design and scale by avoiding large blank walls, bright colors and providing roof line treatment. The following standards apply to building design in all three of the business and employment zoning districts. The city’s design review process applies to all proposals that require site plan review or a building permit that contains substantial building facade alteration to the exterior of an existing building. See also Chapter 18.120.

1. Building Facades.

a. Architectural interest is required for all building facades visible from public streets and other publicly visible areas, such as parking areas.

i. Publicly visible building walls shall incorporate insets or offsets, canopies, colonnades, wing walls, trellises, building facade landscaping, material variation, multi-planed roof line, or other features which diminish large blank walls.

ii. For publicly visible building walls exceeding one hundred feet in length, offset elements shall be required that break up the plane of the wall into at least three sections.

b. Provide visual terminus to tops of buildings. To avoid a truncated appearance, all structures shall have a visual “cap.” Options include extended eaves; steep pitch hip, gable or saltbox roof form; false pitch roof with appearance of hip gable or saltbox; or projecting cornice of appropriate scale to the building and part of building’s trim detail.

c. Primary building entrances shall be physically oriented to the street and primary pedestrian walkway. The primary entrances to structures, including all entrances to individual tenant spaces, shall be clearly identifiable through architectural design. Specific treatments include, but are not limited to, wall modulation, gables, window clusters, landscape treatment, material/color/texture change, awnings, moldings, planters, and pedestrian amenities, such as benches and tables.

2. Materials.

a. Facades visible from public streets or other publicly visible areas shall provide visual interest by providing a variety of building materials, windows, artwork, or other techniques. Desired materials include brick, wood, horizontal lap siding made of wood or cement-like materials; split-faced block or ground-faced block.

b. For structures including residential (mixed use structures) or live/work units, siding materials must include but are not limited to two of the following: horizontal lap siding (of any lap design) made of wood or cement-like materials, shingles made of cedar or cement-like materials, board and batten (or panels with similarly spaced battens), brick, or stone (real or cultured). Typically, the residential component will be differentiated from the nonresidential uses by scale and amount of detailing.

3. Color.

a. Main color of exterior walls is limited to subtle earth tone colors. Soft white, sands, grays, muted pastels, and deep, rich earth colors (terra cotta, forest green) are acceptable.

b. Trim color may be lighter or darker shades of the main color, soft white, or contrast or complement the main color but shall not be bright or bold.

c. Accents or graphics may be brighter than main or trim color and shall be limited to fifteen percent of the facade area, excluding glass. Bright, high contrast color banding is limited to maximum four inches in width. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2011-02 § 9 (Exh. A (10-8) (part)), 2011. Formerly 18.28.050)

18.90.060 Performance standards.

No land or structure shall be used or occupied unless there is compliance with the following minimum performance standards:

A. Outdoor Storage. Outdoor storage of materials and supplies shall be completely screened with a combination of fencing and landscaping, from adjacent properties and public right-of-way, and be located in the interior of the lot to the extent possible as determined by the planning director.

B. Emissions. Any air emissions shall meet applicable regulations of the Puget Sound Clean Air Agency, and no visible, frequent smoke, dust, or gases shall be emitted.

C. Exterior Lighting. Exterior lighting, except for warning or emergency lighting, shall be hooded or shielded so illumination is directed downward and shall be confined to the property boundaries of the light source.

D. Noise. Noise levels shall not exceed the maximum allowed in Chapter 173-60 WAC for Class B (commercial) or Class C (industrial) environmental designations as appropriate to the use, or as set forth in the International Building Code requirements.

E. Exterior Mechanical Equipment.

1. All HVAC equipment, pumps, heaters and other mechanical devices shall be screened from view from adjacent streets and properties.

2. Vents, mechanical penthouses, elevator equipment and similar appurtenances may extend no more than fifteen feet above the roof line, must be surrounded by a sight-obscuring screen constructed to the same height as the mechanical equipment, and conform to the following criteria:

a. The screen must be integrated into the architecture of the building.

b. The screen must obscure to the extent possible the view of the appurtenances from adjacent streets and properties.

c. Rod, wire and dish antennas are exempt from the screening requirement if the screening would interfere with the effective operation of the antenna.

F. Odors. The emission of objectionable odors or matter in such quantities as to be readily detectable at any point beyond the property line of the use causing such odors is prohibited.

G. Heat and Glare. Except for exterior lighting, operations producing heat and glare shall be conducted within an enclosed building.

H. Trash dumpsters shall be screened from view with a combination of sight-obscuring fencing and vegetative screening.

I. Ground and Soil Contamination. Materials shall be handled in such a manner to prevent ground or soil pollution, or which may contaminate aquifer or other natural drainage systems as required by state and local health agencies.

J. Fire and Explosive Hazards. The manufacture, use, processing or storage of flammable liquids or materials, liquids or gases that produce flammable or explosive vapors or gases shall be permitted in accordance with the regulations of the adopted International Fire Code and International Building Code.

K. In addition to the standards identified above, the city may utilize its authority under the State Environmental Policy Act (SEPA), to identify additional mitigations on impacts to the environment, as determined at time of project review. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2011-02 § 9 (Exh. A (10-8) (part)), 2011; Ord. 2003-10 § 1 (Exh. A, VI(B), (C), (G)), 2003. Formerly 18.28.060, 18.60.020, 18.60.030, 18.60.070)

18.90.070 Residential uses.

A. Mixed Use Structures. Mixed use structures allow for placement of a mix of commercial, business, employment and residential uses in a single building. Mixed use structures are intended to allow for efficient use of land and public services in an urban setting; encourage convenient access between employment, services and residential opportunities; and increase development alternatives.

1. Permitted nonresidential uses shall be located on the ground floor. However, part of the ground floor may be used as a driveway to rear or under-grade parking, or as a pedestrian park area. Residential units must be located above allowed nonresidential uses (residences may not be located at street/ground level or below). Number of residential units shall be limited by the mixed use structure’s required development standards (lot coverage, height, parking and setbacks) for the underlying zoning district.

2. The mixed use building shall be designed to look and function as an integrated development and encourage pedestrian travel between uses and adjacent buildings.

3. At least one outdoor activity feature shall be provided for the mixed use building, including but not limited to courtyards, delineated gathering spaces, or seating areas. These areas may be paved and/or landscaped.

4. A minimum of thirty-eight square feet of private open space shall be provided for each of the residential units, such as a private outdoor balcony.

5. On-site pedestrian circulation that links the public street and the primary entrance to the structure or residential units shall be provided. When the pedestrian circulation crosses driveways, parking areas and loading areas, it must be clearly identifiable through use of different paving materials.

B. Live/Work Units. Live/work units are allowed in the OCI zoning district, and are a building use that combines business or manufacturing activities within the same structure as a residential living space. Live/work units are distinctive from mixed use because the business owner or employee must live in the unit. In addition, they can provide affordable work and housing space, meet the needs of special groups such as artists, and serve to incubate new businesses.

1. The total live/work unit is limited to three thousand square feet in gross floor area.

2. The nonresidential use portion must be located on the first floor of the unit or, if parking is the first floor, the unit’s main floor area.

3. The nonresidential area is limited to fifty percent of live/work unit’s area.

4. Living space shall be physically integrated into the live/work unit and not be rented, leased, sold or occupied separately.

5. Private outdoor open space shall be provided for the live/work units, such as a balcony or patio.

6. The live/work unit shall be occupied and used only by the owner of the business or manufacturing activity, or the owner’s employee, and that person’s household.

7. The business may employ up to five persons who do not reside in the live/work unit.

8. On-premises sales of goods shall be limited to those produced within the live/work unit or related to the permitted business activity.

9. A valid business license associated with the business or manufacturing activity must be obtained from the city.

10. An annual certificate of inspection to ensure circumstances and conditions remain compliant, shall be required to be obtained from the planning director.

11. Other restrictions may apply subject to the requirements of the adopted International Building Code.

C. Existing Residences.

1. Existing detached single-family residences are allowed to continue, provided no increase in density occurs (including adding accessory dwelling units), and subject to the provisions of Section 18.160.060. Special uses related to the existing residential unit, such as home occupations, home day care, may be allowed and are regulated as appropriate, as set forth in Section 18.70.070.

2. Existing residential units in a C zone that are located within a mixed use structure are allowed as mixed use, and are not subject to the provisions of Section 18.160.060. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2011-02 § 9 (Exh. A (10-8) (part)), 2011. Formerly 18.28.070)

18.90.080 Adult entertainment facilities.

A. Purpose. The purpose and intent of requiring standards for adult entertainment facilities is to mitigate the adverse secondary effects caused by such facilities and to maintain compatibility with other land uses and services permitted within the city. The standards established in this section apply to all adult entertainment facilities and include, but are not limited to, the following: adult arcades, adult cabarets, adult motels, adult motion picture theaters and adult retail stores. The standards established in this section shall not be construed to restrict or prohibit the following activities or products: (1) plays, operas, musicals, or other dramatic works that are not obscene; (2) classes, seminars, or lectures which are held for serious scientific or educational purposes that are not obscene; and (3) exhibitions, performances, expressions or dances that are not obscene. For the purposes of this chapter, the term “obscene” shall have the same definition as the terms “lewd matter” and “obscene matter” as those terms are defined by state law.

B. Where Allowed. Adult entertainment facilities are allowed only in the light industrial (LI) zoning district.

C. Separation Requirements. Adult entertainment facilities shall be permitted in the light industrial zoning district only if the following separation requirements are met:

1. No adult entertainment facility shall be located closer than five hundred feet to any other adult entertainment facility whether or not such adult entertainment facility is located within or outside the city limits;

2. No adult entertainment facility shall be located closer than one hundred feet to any residential zoning district whether or not such zoning district is located within or outside the city limits.

3. No adult entertainment facility shall be located closer than one hundred feet to any of the following uses whether or not such use is located within or outside the city limits:

a. Property used for public and private schools;

b. Property used for public parks;

c. Property used for public libraries;

d. Property used for state-certified day care;

e. Property used for community teen centers;

f. Property used for churches, cemeteries or other religious facilities or institutions;

g. Property used for organizations, associations, facilities and businesses which provide, as a substantial portion of their activities, function or business, the provision of services to children and/or youth, so that the premises of the organization, facility or business would have children and youth in attendance or at the location during a predominant portion of the operational hours of an adult entertainment facility.

4. Measuring of Separation Requirements. The buffers required by this section shall be measured by extending a straight line from the nearest point on the property line of the lot containing the proposed adult entertainment facility to the nearest point on the boundary line of property with zoning districts or uses identified in this subsection C.

5. Variance for Separation Requirements. Whenever the applicant for an adult entertainment facility believes that the separation requirements set forth in this section are not necessary to achieve an effective degree of physical separation between the proposed adult entertainment facility and the zoning districts and uses identified in this subsection C, the applicant shall have the right to apply for a variance from the separation requirements subject to procedures set forth in Chapter 18.290, Variances.

D. In determining whether a variance should be granted, and if so to what extent, the review authority shall consider the following criteria in addition to the variance criteria set forth in Chapter 18.290, Variances:

1. The extent to which physical features would result in an effective separation between the proposed adult entertainment facility and any zoning districts or uses identified in subsection C of this section in terms of visibility and access;

2. The availability or lack of alternative locations for the proposed adult entertainment facility;

3. The ability to avoid the adult entertainment facilities by an alternative vehicular and pedestrian route(s); and

4. The extent to which the applicant can minimize the adverse secondary effects associated with the proposed adult entertainment facility.

If, after considering these criteria and the variance criteria set forth in Chapter 18.290, the review authority finds that an effective degree of physical separation between the proposed adult entertainment facility and the zoning districts and uses identified in subsection C of this section can be achieved without requiring the full distance of separation provided by this section, the review authority shall determine the degree of variance to be allowed and shall grant the variance. Otherwise, the variance application shall be denied.

E. Nonconforming Adult Entertainment Facilities. An adult entertainment facility shall be deemed a nonconforming use and shall be subject to the requirements of Chapter 18.160, Nonconformities, if a residential zoning district or uses identified in subsection C of this section locate within one hundred feet of such adult entertainment facility after the date that such adult entertainment facility has located within the city in accordance with the requirements of this section. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2003-10 § 1 (Exh. A, III(B)), 2003. Formerly 18.48.020)

18.90.085 High-risk secured facility.

A high-risk secured facility shall comply with the following conditions:

A. A high-risk secured facility shall be allowed within the zoning districts set forth in Table 18.90.030 and through a conditional use permit. Siting within any other zoning districts is prohibited.

B. A neighborhood meeting is required pursuant to Chapter 19.60.

C. A high-risk secured facility shall not be located adjacent to, immediately across the street or parking lot from, or within the line of sight of a risk potential activity or facility in existence at the time a facility is established.

1. “Within line of sight” means that it is possible to reasonably visually distinguish and recognize individuals.

2. “Risk potential activities and facilities” means an activity or facility that provides a higher incidence of risk to the public from persons conditionally released from the special commitment center. Risk potential activities and facilities include: public and private schools, school bus stops, licensed day care and licensed preschool facilities, domestic violence shelters, public parks, publicly dedicated trails, sports fields, playgrounds, recreational and community centers, churches, synagogues, temples, mosques, public libraries, public and private youth camps, and others identified during a public hearing. For the purpose of this section “school bus stops” does not include bus stops established primarily for public transit.

3. A high-risk secured facility shall not be located in a community protection zone as defined in RCW 9.94A.030(6).

a. Distance shall be measured from all property lines of a high-risk secured facility from all property lines of the facilities and grounds of a public or private school.

D. A high-risk secured facility shall meet the applicable health district standards for water and sewage disposal to account for staff and residents.

E. Principal access to the site shall be from a city maintained right-of-way.

F. A high-risk secured facility shall be equipped with a mechanism that is interlocked with the fire protection system to automatically release security locks and allow safe egress from the structure in the event of fire or other emergency.

G. A high-risk secured facility shall be equipped with a backup power system and an automatic transfer switch sufficient to energize and maintain the function of safety, security, and surveillance systems in the event of a power outage. (Ord. 2020-01 § 2 (Att. A (part)), 2020)

18.90.090 Parking and loading standards.

The following standards apply to parking and loading in the OCI, BP and LI zoning districts. All other applicable provisions from Chapter 18.140 also apply.

A. Number of Spaces Required.

1. Office and professional services: one space per three hundred gsf.

2. Business/technical research and development: one space per three hundred gsf.

3. Commercial Services and Retail.

a. Convenience and personal services: one space per three hundred gsf.

b. Eating/drinking establishments: one space per two hundred gsf.

4. Building trade/landscaping materials sales: one space per three hundred gsf of retail area; and one space per five hundred gsf of warehouse or storage area (including outdoor).

5. Food/drink manufacturing: one space per five hundred gsf.

a. Food/drink with on-premises tasting room, restaurant and/or retail sales space: one space per two hundred gsf.

6. Manufacturing: one space per five hundred gsf.

7. Warehouse, distribution and storage: one space per five hundred gsf.

8. Mixed use residential and live/work units: one and one-half spaces per residential unit in addition to other use required spaces, including additional customer/client and employee spaces for live/work units.

9. Ambulatory and outpatient care services: one space per two hundred gsf.

10. Assembly uses: to be determined by planning director at time of project.

11. Other uses not specifically listed shall furnish parking as required by the director based upon the most analogous use.

B. When underbuilding parking is proposed in the OCI district and the structure fronts a collector or arterial street, at least fifty percent of street frontage (of the collector or arterial street) shall include square footage that is to be occupied by permitted uses.

C. Parking or staging of delivery trucks on public streets is prohibited; provided, that smaller delivery trucks (i.e., UPS, FedEx) may park on public streets when on-street parking is available.

D. The primary vehicular access to businesses and loading areas shall avoid a street that primarily serves residential uses.

E. Entrances and exits to and from parking and loading facilities shall be clearly marked with appropriate directional signage.

F. Internal circulation shall be designed for safety and efficiency by reducing conflicts between vehicular and pedestrian traffic, combining circulation and access areas where possible, and providing adequate truck maneuvering, stacking, and loading areas.

G. Loading facilities shall be located internal to the site. Loading docks and doors facing a public street shall be offset from the access drive and shall be screened from the street as much as possible. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2011-02 § 9 (Exh. A (10-8) (part)), 2011. Formerly 18.28.080)

18.90.100 Signage standards.

The following standards apply to signage in the OCI, BP and LI zoning districts. All other applicable sign provisions from Chapter 18.170 apply.

A. Wall-mounted signs shall be maximum fifty square feet; or one square foot per one foot of lineal facade area where the sign is affixed, not to exceed two hundred fifty square feet per sign. In no case shall the total length of all signs exceed seventy percent of the lineal feet of the building frontage. No wall-mounted sign shall extend above the height of the roof line or parapet of the building.

1. For multi-occupancy buildings, the facade area for each tenant or user is derived by measuring only the surface area of the exterior facade of the premises actually used by the tenant or use. One sign shall be allowed per tenant or use.

2. One wall-mounted sign as a business directory of the multiple-business building is allowed per street frontage and shall be located near the entrance(s) to the building. The identification sign shall not exceed sixteen square feet.

B. Freestanding signs shall not exceed seventy-five square feet in area per face and have a maximum height of fifteen feet above grade. One freestanding sign shall be permitted on each street frontage of property on which the business is located.

1. No more than one freestanding sign is permitted per multiple-occupancy building unless the building fronts more than one public street.

2. All freestanding signs shall include landscaping at their base, at a minimum of one square foot for each square foot of sign surface area, and shall be included in the site’s landscape plan.

3. Multi-Business Development.

a. No more than one freestanding sign is permitted per multiple-business building unless the building fronts more than one public street, where one additional freestanding sign is allowed.

b. Each building in a multi-business center may have no more than one freestanding sign unless the building fronts more than one public street, where one additional freestanding sign is allowed.

c. One identification sign per entrance/exit for multi-business centers is allowed; provided, that the identification sign is no larger than thirty square feet and eight feet in height.

C. Directional signs shall not exceed six square feet per face and shall be located on the premises to which the sign is intended to guide or direct traffic. Directional signs are not included in the maximum number of freestanding signs allowed. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2011-02 §§ 9 (Exh. A (10-8) (part)), 12 (Exh. A (10-11) (part)), 2011; Ord. 2007-56 § 9 (part), 2007; Ord. 2003-10 § 3 (part), 2003: Ord. 88-42 § 1 (part), 1988. Formerly 18.28.090, 18.64.080)

18.90.110 Project review.

Before a building permit will be issued, the site plan review process as specified in Chapter 18.270 shall be followed. If a use is identified as an AC or C, the conditional use and site plan review process shall be consolidated. All project permits shall follow the process set forth in Title 19, Project Permit Application Procedures. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2011-02 § 9 (Exh. A (10-8) (part)), 2011. Formerly 18.28.100)