Chapter 17.50
C-1 GENERAL COMMERCIAL DISTRICT
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 “C-1 General Commercial District.” (Ord. 1857 § 2 (Exh. B), 2018).
17.50.020 Application.
This chapter shall apply to all uses and developments in areas designated C-1. (Ord. 1857 § 2 (Exh. B), 2018).
17.50.030 Purpose.
The intent and objective of this classification and its application is to provide for the location of a grouping of uses which are considered compatible uses having common or similar performance standards in that they represent types of enterprises involving the rendering of services, both professional or to the person, or on-premises retail activities. This zone represents the prime commercial designation for small to moderate scale commercial activities and should be developed in a manner which is consistent with and attracts pedestrian oriented activities. This zone encourages leisure shopping and provides amenities conducive to attracting shoppers.
There are several blocks zoned C-1 general commercial in old downtown Burlington located along Fairhaven, Victoria and Washington between Burlington Boulevard and Anacortes Avenue. The goal of the commercial zoning in this area is to attract new businesses and uses, and to upgrade existing businesses and uses that enhance the district as a whole, without having an adverse impact on parking or changing the character of the area. (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. 1857 § 2 (Exh. B), 2018).
17.50.050 Permitted primary uses.
Property located in downtown Burlington as mapped in the comprehensive plan that is zoned C-1 general commercial shall comply with the B-1 business district zoning regulations, unless a conditional use permit is authorized by the city council. See also BMC 17.05.100.
Hereafter all buildings, structures, or parcels of land zoned general commercial but located outside downtown Burlington shall only be used for the following, unless otherwise provided for in this title:
A. Multifamily dwellings, provided they are located in a mixed use development with commercial on the street frontage and apartments in a separate structure or on the upper floor(s);
B. Art, music and photography studios;
C. Automotive parts and accessories sales;
D. Banking and related financial institutions, excluding drive-in facilities, and located in a building containing another permitted use;
E. Bowling alleys, bingo halls, skating rinks and other commercial recreation;
F. Bus passenger terminals;
G. Civic, social, and fraternal clubs;
H. Commercial child day care centers;
I. Existing automobile service stations;
J. Funeral homes;
K. Health care facilities;
L. Hospitals and health care, to include small animal, but does not allow outside runs or kennels;
M. Hotels;
N. Meeting rooms and/or reception facilities;
O. Nursing homes;
P. Offices;
Q. Personal and household retail sales and service;
R. Printing and publishing;
S. Religious institutions;
T. Existing single-family and duplex dwellings;
U. Eating and drinking establishments, provided drive-through uses may only be permitted through a conditional use permit process as specified in BMC 17.50.070(D);
V. Schools, including art, business, barber, beauty, dancing, martial arts and music;
W. Theaters, except drive-in;
X. Trailer parks within 1,000 feet of the Skagit River Levee, subject to the following requirements:
1. A flood evacuation plan shall be prepared by the applicant, approved by the city and posted on the site. The plan shall include the following elements at a minimum:
a. A requirement that wheels shall not be removed from units;
b. A requirement that the hitch shall not be removed from units;
c. A requirement that only quickly removable, knockdown skirting shall be used;
d. A requirement that a plan is in place to move the units out;
2. The site shall have a row of screening trees or hedge around the perimeter;
3. The site shall be designed and maintained as a permanent long-term viable use, rather than an interim use and shall meet city standards for utilities and infrastructure;
4. The site shall be located in an area where it is unlikely to create land use conflicts with either industrial or residential properties;
5. The site shall be developed to minimize drainage impacts, with gravel and lawn and minimal asphalt;
6. The site shall take advantage of FEMA recommendations for location and shall be planned for ease of evacuation in the event of flood danger;
7. Park rules shall be approved by the city and posted on the site;
8. Health department and other required permits shall be obtained for the use;
9. A children’s play area approved by the city shall be provided on the site;
Y. Other uses may be permitted by the community development director or designee if the use is determined to be consistent with the intent of the zone and substantially the same with respect to function and impacts as another use permitted in the zone; provided, that if the use is listed as permitted or conditional in another zone it shall not be permitted. (Ord. 1857 § 2 (Exh. B), 2018).
17.50.060 Permitted accessory uses.
A. Automobile parking facilities;
B. Caretaker apartment;
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: Omnidirectioual antennas may exceed the height limitation by 15 feet, or in the ease 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. 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. Multifamily dwellings, either single purpose or as part of a mixed use development where the street frontage is primarily residential; provided, that an additional criterion for approval is that the site is better suited for housing than commercial development. Multifamily dwellings authorized under this provision shall comply with the plan review criteria in BMC 17.25.050(A) and 17.25.090;
B. Arcades;
C. Dance halls;
D. Drive-in facilities, including banks and restaurants, when located on a tenant pad on an existing development site or at a signalized intersection;
E. Government facilities, other than those listed as a permitted use;
F. Household goods storage, provided the following requirements are met:
1. No more than two main entrances and/or exits to the building and access to the individual storage area shall be from the inside of the building;
2. Landscaping and architectural improvements required to ensure compatibility with present and potential C-1 uses in the vicinity;
3. The site does not front on Burlington Boulevard;
G. Utility substations. (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 lots accessory to a permitted use;
2. Existing automobile sales and leasing areas;
3. 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;
4. Outdoor seating accessory to a permitted use;
5. Play areas accessory to a child day care center or school;
6. Refuse and recycling containers associated with a permitted use, provided they are screened from view in accordance with the requirements of chapter 17.80 BMC;
7. Temporary uses as permitted by the fire marshal, building official, community development director or designee or city engineer pursuant to the applicable ordinances;
8. Unloading and loading areas accessory to a permitted use;
9. Utility substations.
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. Parking 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. (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 lot coverage: none required.
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 to the maximum setbacks identified above may be authorized in the following instances:
a. A greater setback for drive-through uses may be authorized through the conditional use permit for the drive-in use; provided, that the building shall be located as close as possible to adjoining streets and shall be set back only the distance necessary to accommodate the drive-through and any associated queuing lanes.
b. The presence of a utility easement makes compliance with the maximum setback impossible; provided, that the building shall still be located as close as possible to adjoining streets.
c. The building entrance may be set back a greater amount to accommodate a wider sidewalk or additional landscaping.
d. A greater setback is necessary to accommodate m architectural design feature, such as: a unique building entrance, outside seating area, pocket park, or similar element.
e. Deviations from the maximum setback requirements may be granted for 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. The expansion or modification of existing buildings, when a greater setback is needed to preserve existing visual and physical access.
g. Other similar exceptions may be granted when consistent with the intent of providing a well-defined street edge and pedestrian oriented streetscape.
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 BMC 17.70.070.
G. Parking. See chapter 17.85 BMC.
H. Landscaping. See chapter 17.80 BMC.
I. Signs. See chapter 17.95 BMC. (Ord. 1857 § 2 (Exh. B), 2018).