Chapter 17.50
MUC-2 MIXED USE COMMERCIAL ZONE
Sections:
17.50.050 Permitted primary uses.
17.50.060 Permitted accessory uses.
17.50.080 Additional regulations.
17.50.090 Development standards.
17.50.010 Title.
This chapter shall be called “MUC-2 Mixed Use Commercial Zone.” (Ord. 1933 § 1 (Exh. A), 2023; Ord. 1857 § 2 (Exh. B), 2018).
17.50.020 Application.
This chapter shall apply to all uses and developments in areas zoned MUC-2. (Ord. 1933 § 1 (Exh. A), 2023; Ord. 1857 § 2 (Exh. B), 2018).
17.50.030 Purpose.
MUC-2 zone is intended to implement the MUC comprehensive plan designation by accommodating a dense mix of large scale commercial activities and residential uses such as stores, eating and drinking establishments, and offices, and large multiunit residential buildings. Uses permitted in this zone typically rely on a high degree of visibility, easy pedestrian access, and a dense concentration of shoppers and residents. The regulations in this chapter are intended to create and maintain a modern streetscape with urban characteristics, including buildings located near the street-line, entrances and windows that face the street, and amenities that buffer pedestrians from vehicle traffic such as extensive landscaping, street trees, and wide sidewalks. Parking is typically provided on site but is not located between buildings and the street. Uses that could discourage pedestrian traffic and recreational shopping, such as car lots, drive-through businesses, or gas stations, are restricted or prohibited. (Ord. 1933 § 1 (Exh. A), 2023; Ord. 1857 § 2 (Exh. B), 2018).
17.50.040 Authority.
This chapter is adopted pursuant to the provisions of chapters 35A.63, 36.70A, and 36.70B RCW and other applicable laws and regulations. (Ord. 1933 § 1 (Exh. A), 2023; Ord. 1857 § 2 (Exh. B), 2018).
17.50.050 Permitted primary uses.
A. Multiunit buildings, all sizes, and dwellings located in a mixed use building;
B. Retail, all sizes;
C. Horizontally attached dwellings;
D. Offices, all types;
E. Indoor commercial entertainment, all types;
F. Private passenger transportation terminals;
G. Meeting facilities, all sizes;
H. Commercial child day care centers, all sizes;
I. Private schools, all sizes;
J. Health care facilities, all sizes;
K. Veterinary clinics;
L. Hotels;
M. Nursing homes, all sizes;
N. Utilities, small;
O. Eating and drinking establishments, all sizes;
P. Specialized instruction;
Q. Theaters;
R. Marijuana retailers (subject to BMC 17.50.080(I));
S. Emergency housing. (Ord. 1933 § 1 (Exh. A), 2023; Ord. 1857 § 2 (Exh. B), 2018).
17.50.060 Permitted accessory uses.
A. Automobile parking facilities and charging stations;
B. Caretaker dwellings and employee or student housing;
C. Family day care home;
D. Foster family home;
E. Telecommunication macro facilities, subject to the following requirements:
1. Macro facilities may be located on buildings and structures; provided, that the immediate interior wall or ceiling adjacent to the facility is not a designated residential space.
2. The macro facility shall be exempt from review by the community development director or designee if the antenna and related components are the same color as the existing building, pole or support structure on which it is proposed to be located.
3. The shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or otherwise appropriately concealed, camouflaged or located underground.
4. Macro facilities shall comply with the height limitation specified for all zones except as follows: Omnidirectional antennas may exceed the height limitation by 15 feet, or in the case of nonconforming structures the antennas may extend 15 feet above the existing structure. Panel antennas may exceed the height limitation if affixed to the side of an existing building and architecturally blends in with the building. Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure. (Ord. 1933 § 1 (Exh. A), 2023; Ord. 1857 § 2 (Exh. B), 2018).
17.50.070 Conditional uses.
The following uses shall be considered conditional uses and shall require a conditional use permit:
A. Craft industries, subject to the following:
1. A display area for selling products and crafts manufactured on site shall be included and must be visible and accessible from adjacent streets;
2. Outside storage is prohibited;
3. Garage doors and loading areas shall not be visible from adjoining streets.
B. Contractor offices, subject to the following:
1. Outside storage is prohibited;
2. Contractor offices shall not be permitted on lots fronting an arterial street;
3. Garage doors and loading areas shall not be visible from adjoining streets.
C. Drive-through facilities, subject to the following:
1. Drive-through facilities shall only be permitted at the following locations:
a. Corner lots at signalized intersections; or
b. Corner lots at non-signalized intersections within a binding site plan or plat where the lot was designated and approved for drive-through uses during the land division approval process; or
c. Through lots or lots with alley access.
2. Drive-through facilities shall only permitted when the vehicle entrances and exits fully comply with the intersection and driveway spacing requirements identified in chapter 12.28 BMC.
3. Buildings shall be located as close to adjoining streets as possible and shall comply with the maximum setback requirements of this chapter except as minimally necessary to accommodate a single queuing lane.
4. In addition to any other applicable landscaping and screening requirements, queuing lanes shall be screened from view using a landscaped earthen berm or a low masonry wall. The screening shall have a minimum height of three feet, as measured above the grade of the adjacent queuing lane and shall be consistent with the standards for Type II screening identified in chapter 17.81 BMC.
5. A raised pedestrian crossing with a minimum walking surface width of five feet shall be provided wherever a pedestrian path crosses a queuing lane.
6. For drive-through facilities with inside seating or service areas the primary building entrance shall face the street and a direct pedestrian connection shall be provided between the entrance and the street. For drive-through uses with no inside seating or service areas, a walkup window or service area shall be provided to allow pedestrians to place and pick up orders without entering a vehicle queuing lane.
7. The design shall incorporate enhanced pedestrian amenities and measures to mitigate the impacts of additional vehicle traffic on pedestrian access.
D. Laboratories and research facilities.
E. Personal storage, subject to the following:
1. Each building shall have no more than two primary entrances and access to individual storage units shall be from inside the building;
2. Landscaping and architectural improvements shall be provided to ensure visual compatibility with those uses and development types typically found in mixed commercial and residential environments;
3. The site shall not have frontage on Burlington Boulevard;
4. The design shall incorporate enhanced pedestrian amenities;
5. Garage doors and loading areas shall not be visible from adjoining streets.
F. Utilities, medium.
G. Hospitals.
H. Fueling stations and car washes, subject to the following:
1. Fueling stations and car washes shall only be permitted at the following locations:
a. At a signalized intersection; or
b. Within a binding site plan or plat where the lot was designated and approved for drive-through uses during the land division approval process; or
c. Through lots or lots with alley access.
2. Fueling stations and car washes shall only be permitted when the vehicle entrances and exits fully comply with the intersection and driveway spacing requirements identified in chapter 12.28 BMC.
3. Fueling stations and car washes must be located along an arterial providing direct access to an I-5 freeway interchange and be located within 1,500 feet of the centerline of I-5 as measured along the arterial centerline;
4. Buildings, excluding fueling islands and associated canopies, shall comply with the maximum setback standards identified in this chapter. Drive-through car wash buildings and structures shall be located as close to adjoining streets as possible and shall comply with the maximum setback requirements of this chapter except as minimally necessary to accommodate a single queuing lane;
5. In addition to any other applicable landscaping and screening requirements, vehicle circulation and parking areas shall be screened from view using a landscaped earthen berm or a low masonry wall. The screening shall have a minimum height of three feet, as measured above the grade of the adjacent parking or circulation area and shall be consistent with the standards for Type II screening identified in chapter 17.81 BMC;
6. The design shall incorporate enhanced pedestrian amenities and measures to mitigate the impacts of additional vehicle traffic on pedestrian access.
I. Pet boarding, day care, subject to the following:
1. Kennels shall be entirely indoors;
2. Outside exercise areas shall be surrounded on all sides not adjacent to a building or structure by a solid masonry wall six feet in height;
3. Outside exercise areas shall be used for short term supervised play and exercise only. Animals shall not have access to individual outdoor runs or be left unsupervised, or for extended periods of time, in outdoor areas. (Ord. 1933 § 1 (Exh. A), 2023; Ord. 1857 § 2 (Exh. B), 2018).
17.50.080 Additional regulations.
A. All uses shall be conducted entirely within a building or structure except:
1. Automobile parking facilities and vehicle charging stations;
2. When accessory to a permitted use, display or sales of goods that do not extend eight feet past the front of the building, do not block entrances or interfere with pedestrian travel, do not interfere with the parking areas and do not encroach upon public property;
3. Outdoor seating accessory to a permitted use;
4. Play areas accessory to a child day care center or school;
5. Refuse and recycling containers associated with a permitted use, provided they are screened from view in accordance with the requirements of chapter 17.81 BMC;
6. Temporary uses consistent with standards identified in BMC Title 14A;
7. Unloading and loading areas accessory to a permitted use;
8. Utility substation;
9. Play and exercise areas associated with pet boarding facilities.
B. Any repairing done on the premises shall be incidental only, and limited to custom repairing of the types of merchandise sold on the premises at retail. The floor area devoted to such repairing shall not exceed 30 percent of the total floor area occupied by the particular enterprise, except that the limitations of this subsection shall not apply to electronic equipment, shoe, radio, television, or other small appliance repair services.
C. Storage shall be limited to accessory storage of commodities sold at retail on the premises or materials used in the limited fabrication of commodities sold at retail on the premises.
D. Operations conducted on the premises shall not be objectionable beyond the property boundary lines by reason of noise, odor, fumes, gases, smoke, vibration, hazard, or other causes.
E. No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use, subject to the requirements of the International Fire Code.
F. Off-street parking and loading areas shall not be located between buildings and adjoining streets.
G. Commercial land abutting directly a residential zone shall provide for a transition to the residential use as required in chapter 17.70 BMC, Supplemental Development Standards, and the following:
1. A six-foot screening fence and a 20-foot landscaped buffer designed for sight and noise baffling or a six-foot solid block wall and a 10-foot landscaped buffer designed for sight and noise baffling; and
2. Uses generating noise after 9:00 p.m. shall not be permitted, including assembly occupancies, restaurants with cocktail lounges or dance floors, all-night businesses and other similar types of uses;
3. Measures shall be taken to prevent light and glare from being directed to residential uses.
H. Except in the Northern Gateway area buildings with frontage on an arterial street may not include dwellings unless at least 50 percent of the ground floor street frontage is devoted to a permitted nonresidential use listed in BMC 17.50.050.
I. Marijuana Retailers. The following requirements shall apply to marijuana retailers. The provisions of this section are intended to be consistent, and ensure compliance, with the regulations identified in chapter 314-55 WAC.
1. In accordance with the provisions of WAC 314-55-050(11)(a) marijuana retailers shall be located at least 100 feet from the following:
a. Recreation centers;
b. Child care centers;
c. Public parks;
d. Transit centers;
e. Libraries;
f. Arcades (where admission is not restricted to persons 21 or older).
2. Marijuana retailers shall not be located within 1,000 feet of the following:
a. Elementary or secondary schools;
b. Playgrounds.
3. In determining compliance with the provisions of this section the definitions and measurement procedures identified in chapter 314-55 WAC shall apply. (Ord. 1933 § 1 (Exh. A), 2023; Ord. 1857 § 2 (Exh. B), 2018).
17.50.090 Development standards.
A. Lot Area and Dimension.
1. Minimum lot area: none.
2. Minimum lot width: none.
3. Minimum lot depth: none.
B. Maximum Building and Impervious Surface Coverage.
1. Building coverage: none.
2. Impervious surface coverage: 80 percent.
C. Minimum Setbacks.
1. Front: none.
2. Side: none.
3. Street: none.
4. Rear: none.
D. Maximum Setbacks.
1. Front: 10 feet.
2. Street: 10 feet.
3. Exceptions. Exceptions may be granted in the following situations:
a. As minimally necessary to accommodate a wider sidewalk;
b. A portion of the building facade may be recessed as minimally necessary to accommodate a recessed pedestrian entrance or plaza. In such cases a direct pedestrian connection with a minimum width of 10 feet shall be provided between the adjoining street and the entrance, plazas shall be surfaced with concrete or pavers, and the recessed entrance or plaza shall be publicly accessible;
c. As minimally necessary to avoid a utility easement that makes compliance with the maximum setback impossible;
d. The expansion or modification of an existing building where compliance with the maximum setback is not feasible due to the location of the existing building and the size of the proposed expansion. In such cases the expansion shall be constructed forward of the existing building line and closer to the street;
e. As minimally necessary to accommodate development on irregular shaped lots where the street frontages are angular or curvilinear. In such instances buildings shall be located as close as possible to the street frontages;
f. For corner lots, buildings shall be located at the corner or intersection;
g. For lots with more than two street frontages, the maximum setback shall be applied to the street frontages with the highest classification. For example, if a parcel has frontage on two arterial streets and a local access street, the maximum setback shall apply to the two arterial streets;
h. Drive-through uses subject to compliance with BMC 17.50.070(C);
i. Fueling stations and car washes subject to compliance with BMC 17.50.070(H).
E. Maximum building height: 45 feet, except:
1. Buildings may exceed 45 feet if one foot of setback is provided from each property line for each foot the building exceeds 45 feet; and
2. An additional 15 feet of height may be permitted when parking is located under the building.
F. Fences. See chapter 17.70 BMC.
G. Parking. See chapter 17.85 BMC.
H. Landscaping. See chapter 17.81 BMC.
I. Signs. See chapter 17.95 BMC.
J. Lighting. See chapter 17.70 BMC. (Ord. 1933 § 1 (Exh. A), 2023; Ord. 1857 § 2 (Exh. B), 2018).