Chapter 19.26
ZONE M-2 REGULATIONS1
Sections:
19.26.010 Use-standards table.
Repealed by Ord. 2397-99. (Ord. 2144-96 § 8, 1996; Ord. 2111-95 § 9, 1995; Ord. 1864-92 § 7, 1992; Ord. 1848 §§ 84 – 88, 1992; Ord. 1811-91 § 7, 1991; Ord. 1671-89 (part), 1989.)
19.26.020 Regulations for M-2 zoned properties located in the Central Waterfront Planning Area, as identified in Map No. 5.2.
A. Development Regulations/Standards for Properties Located West of the BNSF Railroad Right-of-Way.
1. Shoreline Master Program/Title 19.
a. All development in shoreline jurisdiction must comply with the regulations in the shoreline master program.
b. All uses and development must comply with the regulations/standards in the zoning code, except as modified herein.
2. Public Access Regulations.
a. Public access obligations, including timing of construction/dedication, must be clearly specified in shoreline permits.
b. Public access is required on site for non-water-dependent and water-related uses and is encouraged on site, preferably at the south end of the former Kimberly-Clark mill site with access from Federal Avenue, or if not possible at this location, elsewhere on the Central Waterfront shoreline when conflicts with water-dependent and water-related uses can be resolved. On-site public access would be limited to visual access to the water to prevent any public use of the harbor for boating, swimming, kayaking or other active water use. Public access may be provided off site if the following elements are met:
(1) Locating public access on site would result in a conflict with water-dependent and water-related uses;
(2) Public access is located along the shoreline; and
(3) Public access is consistent with the city’s shoreline public access plan.
3. Review Process. All uses and development in the Central Waterfront Planning Area shall be reviewed per the applicable review process in Title 15, except that uses and development classified as Review Process I in Title 15 shall be reviewed through Review Process II.
4. Permitted Uses. All M-2 zone permitted uses shall be allowed except for the following:
a. Adult use businesses.
b. Aircraft landing facilities, including seaplane terminals, helipads, and other landing facilities.
c. Any industry or use which is or is likely to become objectionable by reason of the emission of dangerous gases, odors or fumes, as determined by the planning director in consultation with the regulatory agency with principal jurisdiction to issue permits or other required approvals.
d. Asphalt and concrete batch plants.
e. Automobile, truck and vehicle sales or rental.
f. Bulk or retail fuel sales, service stations.
g. Bulk fuel storage*.
h. Chemical manufacture*.
i. Coal export facilities.
j. Composting facilities.
k. Dry cleaning plant.
l. Effluent treatment (not including stormwater runoff)*.
m. Fish cleaning and fish processing.
n. General purpose solid waste landfills, waste combustion*, and solid waste transfer stations.
o. Impound, tow and storage yards; vehicle dismantling; junk or salvage yards.
p. Leather tanneries.
q. Manufacture of creosote, tar-based materials and similar substances.
r. Manufacture, warehousing, or storage of explosives.
s. Marinas and recreational small boating facilities, such as rentals, launch areas, piers.
t. Outdoor storage of bulk materials*.
u. Petroleum, potash or bio-fuel* refining.
v. Railroad yards, except rail spurs or railroad facilities that are incidental to a permitted industrial use.
w. Recycling facilities*.
x. Slaughter of animals, processing of animal byproducts, fat rendering, or packing plant.
y. Smelters*.
z. Warehouses constructed after the effective date of this section, and wholesale distribution, except when associated with water-dependent cargo handling or an on-site manufacturing use. The floor area of warehousing and wholesale distribution, when associated with an on-site manufacturing use, is limited to fifty percent of that used for manufacturing and related office uses. The city may allow a higher percentage of total floor area to be used for warehouse if the proponent can demonstrate that it will result in higher employment density on the subject property than would be possible by meeting this standard.
aa. Water bottling facilities.
* = Except when ancillary to a permitted use.
“Ancillary” means subordinate to a principal use.
5. Setbacks.
a. Security Setbacks. New facilities, including buildings, parking, storage areas and public access trails, are not permitted within fifty feet of Naval Station Everett. Roads and driving aisles are permitted within this fifty-foot setback.
b. In all other areas of the site:
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Front/street side |
10'/10' |
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Interior side |
10' |
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Rear |
10' |
6. Building Height.
a. Prior to construction of any structures on the site, the applicant shall propose and the planning director approve a reasonable base elevation that will accommodate future sea level rise. The maximum building height is fifty feet above the approved base elevation.
b. Building appurtenances cannot exceed five feet above the permitted height unless the planning director determines that the appurtenance must be above such height for proper operation.
c. Except within the corridors required in subsection A.8.a.2 of this section, buildings may be up to eighty feet above the base elevation to accommodate manufacturing processes which require structures taller than fifty feet. In such cases the applicant shall demonstrate why the process cannot be conducted in a building of fifty feet or less. Except for building appurtenances, only that portion of the structure containing the manufacturing process that cannot be conducted in a building of fifty feet or less may exceed fifty feet in height; other manufacturing processes, offices and other areas of intensive employee activity are prohibited above this height.
d. Water-dependent and water-related uses that provide substantial on-site public access shall be permitted a building height of seventy feet above the approved base elevation, except as required to meet shoreline master program standards related to impacting views.
7. Site Design.
a. Site and parking lot circulation shall allow for access so pedestrians and wheelchairs can easily gain access from public sidewalks and bus stops to building entrances through the use of pedestrian paths which are physically separated from vehicle traffic and maneuvering areas.
b. Access driveways for parking areas shall be located so as to cause the least possible conflict with vehicular and pedestrian traffic on public right-of-way. The planning director and traffic engineer have the authority to restrict the number, size and location of access driveways to private parking areas. The traffic engineer may require joint use of driveways.
c. Buildings, walls, and landscaping should be arranged to screen less visually aesthetic components necessary for industrial development, including loading and service bays, outdoor bulk storage areas, trash enclosures, mechanical equipment, and noise and odor producing facilities. Service areas and bulk storage should be screened from view of public right-of-way and screened with compatible architectural features and walls, and/or dense landscaping.
d. Trash enclosures should not be visually prominent from the public view of the site.
8. Building Design.
a. Views.
(1) To the extent practicable, buildings shall be oriented to minimize impacts on views from the east.
(2) Buildings greater than forty feet in height shall not be permitted in the portion of the site contained within the westward extension of the 21st through 26th Streets and Everett Avenue rights-of-way.
(3) Buildings greater than forty feet in height shall not exceed two hundred feet in length as measured from north to south in order to not create a solid wall of buildings as viewed from the east. Buildings shall be separated by at least twenty feet. The planning director may allow modification of these standards to accommodate manufacturing processes that require a longer building or buildings closer together. In such cases the applicant shall demonstrate why the process cannot be conducted in buildings meeting the standards.
View Corridors per Subsection A.8.a.2 of this Section
b. Building Entrances. Primary business and visitor entrances to principal buildings should be easily identifiable and relate to human scale.
(1) Locate main entrances to be clearly identifiable from primary driveways and drop-offs. For example:
(A) Design building entrances to contrast with the surrounding wall plane.
(B) Consider tinted glass, painted doors, or recessed features that will create a shaded effect.
(C) Create a frame around doorways, by changing materials from the primary facade material.
(2) All building entrances shall be well-lit.
(3) Consider using building entranceways as a transition from the building to the ground. Incorporate walls, terraces, grading and plant materials to accomplish this transition.
c. Except as provided in subsection A.17.d of this section, ground floor windows with clear, “vision” glass are required for all office and commercial uses, including those office and commercial uses that are contained within manufacturing uses. A minimum of thirty percent of the portion of the facade abutting the office and commercial uses shall be comprised of windows with clear, “vision” glass.
9. Building Materials. Building exterior materials shall be factory finished, stained, integrally colored, or otherwise suitably treated. Materials may include:
a. Split face or fluted concrete masonry units (CMU).
b. Factory glazed concrete masonry units (CMU).
c. Face brick.
d. Stone veneer.
e. Insulated glazing and framing systems.
f. Architectural pre-cast concrete.
g. Painted or stained site-cast concrete.
h. Architectural concrete.
i. Factory finished, standing seam metal roofing (for application to pitched roof systems only).
j. EIFS.
k. Architectural metal.
Do not use glossy metal.
10. Mechanical Equipment.
a. Mechanical and electrical equipment mounted on the roof shall be organized, proportioned, detailed, landscaped (with decks or terraces), or screened and colored to be an integral element of the building.
b. Mechanical equipment shall not be located on wall facades visible from West Marine View Drive.
11. Modulation and Architectural Treatment.
a. Modulation is required for exterior walls greater than one hundred feet long.
(1) The minimum modulation depth is five feet.
(2) The minimum modulation length is fifteen feet.
(3) The maximum modulation length is one hundred feet.
(4) The minimum height of modulation is fifty percent of height of facade.
b. As an alternative to the modulation standards of subsection A.11.a of this section, architectural treatments such as orientation of doors and windows, varying use of building materials and colors and use of landscaping may be approved by the city to break up flat expanses of building walls, or a combination of techniques providing the desired effect.
12. Outdoor Activities and Operations. Except for water-dependent and water-related uses, predominant activities and operations shall be completely enclosed within buildings or structures, except for customary appurtenances such as loading and unloading areas.
13. Outdoor Storage.
a. Bulk Materials. Definition for storage of bulk materials: the holding or stockpiling on land of material and/or products in a bulk form or in bulk containers, including but not limited to aggregate, topsoil, powder, grain, stone, bricks, wood chips, metal, building materials, parts, pallets, utility piping, used materials, and metal. Bulk materials may include products for sale, materials used in manufacturing activities, inoperable equipment or vehicles, and recycled materials.
The following standards apply to outdoor storage of bulk materials:
(1) Outdoor storage of bulk materials shall only be permitted when a necessary and incidental part of a permitted industrial use.
(2) Bulk materials cannot be located in required setbacks, including special setbacks from Naval Station Everett.
(3) Bulk materials can occupy an area no more than fifty percent of the area of the building footprint of the principal building; provided, that the city may allow this standard to exceed fifty percent if it supports manufacturing processes that result in an employment density of ten or more jobs per acre on site.
(4) Bulk materials storage shall be screened with walls or dense landscaping.
(5) Bulk materials storage shall comply with all applicable environmental and air quality regulations.
b. Shipping Containers/Marine Cargo. Outdoor storage of shipping containers, large cargo, and heavy equipment is permitted as part of deepwater marine terminals, or when associated with an on-site manufacturing use.
14. Truck Loading and Maneuvering Areas. Loading docks shall not be visible from West Marine View Drive.
15. Performance Standards. All permitted uses must address the generation of nuisance irritants such as noise, smoke, dust, odor, glare, visual blight or other undesirable impacts during the review process for establishing, expanding or modifying the use.
a. Lighting and Glare.
Site Lighting. The intent of this provision is to encourage the use of lighting as an integral design component to enhance buildings, landscaping, or other site features; increase night sky visibility and to reduce the general illumination of the sky; reduce horizontal light glare and vertical light trespass from a development onto adjacent parcels and natural features; and use lighting in conjunction with other security methods to increase site safety.
(1) All site lighting shall meet dark-sky standards.
(2) Site Lighting Levels. All publicly accessible areas shall be lighted with average minimum and maximum levels as follows:
(A) Minimum of one-half foot candle;
(B) Maximum (for high volume pedestrian areas and building entries) of four foot candles.
(3) Lighting shall be provided at consistent levels, with gradual transitions between maximum and minimum levels of lighting and between lit areas and unlit areas. Highly contrasting pools of light and dark areas shall be avoided.
(4) Parking area lighting fixtures shall be full cut-off (zero percent candlepower at ninety degrees horizontal and ten percent maximum candlepower at eighty degrees from vertical), dark-sky rated, and mounted no more than thirty feet above the ground, with lower fixtures preferable so as to maintain a human scale.
(5) Lighting for parking areas within three hundred feet of areas designated for residential uses shall be on light standards not exceeding twenty feet or the height of any building situated between the parking area and the area designated for residential use, whichever is taller.
(6) Pedestrian-scaled lighting (light fixtures no taller than fifteen feet) is encouraged in areas of pedestrian activity.
(7) Lighting must not trespass onto adjacent private parcels, nor shall a light source (luminaire) be visible at the property line. All building lights shall be directed onto the building itself and/or the ground immediately adjacent to it. The light emissions shall not be visible above the roofline of the building.
(8) Building wall mounted parking lot lighting is prohibited.
A lighting plan demonstrating compliance with these standards shall be submitted for review and approval at time of submittal for any permit that includes site lighting.
b. Noise.
(1) Noise of machines and operations shall be muffled so as to not become objectionable due to intermittence or beat frequency, or shrillness.
(2) Any use that would potentially generate significant noise shall submit a study by an independent acoustical engineer during the applicable review process. The study must describe mitigation measures necessary to ensure the development will comply with the city’s noise regulations, such as site design, types of facilities and equipment, and facilities operations.
c. Air Emissions.
(1) Uses that generate substantial odors detectable beyond the property line are prohibited.
(2) An odor analysis must be submitted at time of land use permit review. At a minimum, the analysis must describe the activities, processes, and products/chemicals used on the site and the potential for odors to be detected beyond the property line. If the analysis shows the potential for odors to be detected beyond the property line, a more detailed quantitative/qualitative analysis by a professional with expertise in odor analysis must be submitted. The analysis must describe how odors will be prevented, minimized, captured, controlled or contained.
Uses which involve the following odor-emitting processes or activities are examples of uses that will likely be required to submit detailed analysis: lithographic, rotogravure or flexographic printing; film burning; fiberglassing; handling of heated tars and asphalts; incinerating (commercial); metal plating; tire buffing; vapor degreasing; wire reclamation; use of boilers (greater than ten million British thermal units per hour, ten thousand pounds steam per hour, or thirty boiler horsepower); breweries, wineries, and distilleries. The following are examples of uses that will likely be required to submit more detailed analysis when not part of small retail or service uses: cooking of grains, smoking of food or food products, coffee or nut roasting, deep-fat frying, dry cleaning, animal food processing.
The planning director, in consultation with the Puget Sound Clean Air Agency (PSCAA), shall determine the appropriate measures to be taken by the applicant in order to significantly reduce potential odor emissions and airborne pollutants, so that odors detectable beyond the property line are not substantial. Once a use is authorized, any measures which were required by the permit shall be maintained.
(3) If a use is found to generate odors not anticipated at time of permit review, the planning director shall direct the applicant to complete additional odor analysis and take measures to reduce odors to insubstantial levels at the property line. If the odors cannot be reduced to insubstantial levels, the planning director shall require the use to cease.
16. Landscaping.
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Street frontage |
Lesser of 10' or distance between building and lot line 15' for parking abutting ROW |
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Private internal roadways |
10' of landscaping with street trees 30' on center |
|
Side/rear lot lines |
10' Type III |
|
200 square feet of entryway landscaping is required for the business and visitor entrances to all principal buildings |
|
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Adjacent to Naval Station Everett and Port of Everett |
Landscaping shall be maintained to allow visibility of the required setback areas between 18 inches and 6 feet above grade |
17. Compatibility with Naval Station Everett.
a. Any development that is on a lot within two hundred feet of Naval Station Everett or has frontage on the shoreline shall coordinate with Naval Station Everett on security and public safety issues. A comprehensive security and public safety plan must be submitted to the city at time of land use permit review. Naval Station Everett shall be provided at least fifteen days to review and comment on the plan. The planning director is authorized to establish conditions that address potential security impacts upon Naval Station Everett.
b. Any business in the M-2 zoned portion of the Central Waterfront Planning area that generates electromagnetic radiation (EMR) shall coordinate with Naval Station Everett. An EMR frequency spectrum plan must be submitted to the city at time of land use permit review. Naval Station Everett shall be provided at least fifteen days to review and comment on the plan. The planning director is authorized to establish conditions that address potential EMR impacts to Naval Station Everett.
c. Any development that generates marine traffic must coordinate with Naval Station Everett. A port operations plan must be submitted to the city at time of land use permit review. Naval Station Everett shall be provided at least fifteen days to review and comment on the plan. The planning director is authorized to establish conditions that address potential impacts from marine traffic on Naval Station Everett.
d. All windows on north facing facades within one hundred feet of Naval Station Everett shall be translucent (does not allow views to Naval Station Everett).
18. Subdivision of Property or Boundary Line Adjustments. Subdivisions, binding site plans, or boundary line adjustments shall comply with the standards of Title 18, and with the following additional requirements:
a. The subdivision, binding site plan or boundary line adjustment shall make provision for, and shall not preclude, the development or extension of public infrastructure, public streets, or provision of shoreline public access to other parcels or potential future parcels of land within the Central Waterfront Planning Area.
b. The subdivision, binding site plan or boundary line adjustment shall be reviewed using the review process defined in subsection A.3 of this section.
B. Properties Located Between BNSF Right-of-Way and West Marine View Drive.
1. Review Processes. All uses and development shall be reviewed per the applicable review process in Title 15, except that uses and development classified as Review Process I shall be reviewed through Review Process II.
2. Uses.
a. Permitted Uses.
(1) Offices.
(2) Indoor retail.
(3) Restaurant, excluding those with drive-up windows.
(4) Financial institution, excluding those with drive-up windows.
(5) Commercial parking lot, excluding long-term storage of vehicles, boats, commercial vehicles, or other vehicles or equipment.
(6) M-2 zone permitted industrial uses when conducted within a fully enclosed building.
b. Prohibited Uses.
(1) Outdoor storage.
(2) All uses prohibited in subsection A.4 of this section.
3. Development Standards.
a. Building height: twenty-five feet.
b. Building setbacks: none.
c. Landscaping.
(1) West Marine View Drive: Type 3, lesser of five feet or distance between building and property line.
(2) All other property lines: Type 3, lesser of five feet or distance between building and property line.
4. Site Design.
a. Site and parking lot circulation shall allow for access so pedestrians and wheelchairs can easily gain access from public sidewalks and bus stops to building entrances through the use of pedestrian paths.
b. Access driveways for parking areas shall be located so as to cause the least possible conflict with vehicular and pedestrian traffic on public right-of-way. The planning director and traffic engineer have the authority to restrict the number, size and location of access driveways to private parking areas. The traffic engineer may require joint use of driveways.
c. Service areas should be screened from view of public right-of-way and screened with compatible architectural features and walls, and/or dense landscaping.
d. Trash enclosures should not be visually prominent from the public view of the site.
5. Building Design.
a. Building Entrances. Primary building entrances should be easily identifiable and relate to human scale.
(1) Locate main entrances to be clearly identifiable from primary driveways and drop-offs. For example:
(A) Design building entrances to contrast with the surrounding wall plane.
(B) Consider tinted glass, painted doors, or recessed features that will create a shaded effect.
(C) Create a frame around doorways, by changing materials from the primary facade material.
(2) All building entrances shall be well-lit.
(3) Consider using building entranceways as a transition from the building to the ground. Incorporate walls, terraces, grading and plant materials to accomplish this transition.
b. Ground floor windows with clear, “vision” glass are required for all office and commercial uses, including those office and commercial uses that are contained within manufacturing uses. A minimum of thirty percent of the portion of the facade abutting the office and commercial uses shall be comprised of windows with clear, “vision” glass.
6. Building Materials. Building exterior materials shall be factory finished, stained, integrally colored, or otherwise suitably treated. Materials may include:
a. Split face or fluted concrete masonry units (CMU).
b. Factory glazed concrete masonry units (CMU).
c. Face brick.
d. Stone veneer.
e. Insulated glazing and framing systems.
f. Architectural pre-cast concrete.
g. Painted or stained site-cast concrete.
h. Architectural concrete.
i. Factory finished, standing seam metal roofing (for application to pitched roof systems only).
j. EIFS.
k. Architectural metal.
Do not use glossy metal.
7. Mechanical Equipment.
a. Mechanical and electrical equipment mounted on the roof shall be organized, proportioned, detailed, landscaped (with decks or terraces), or screened and colored to be an integral element of the building.
b. Mechanical equipment shall not be located on wall facades visible from West Marine View Drive.
8. Outdoor Activities and Operations. Predominant activities and operations shall be completely enclosed within buildings or structures, except for customary appurtenances such as loading and unloading areas.
9. Performance Standards. All uses shall comply with the requirements of subsection A.15 of this section. (Ord. 3312-13 § 2, 2013: Ord. 1671-89 (part), 1989.)
Editor’s note: Ord. 2397-99 repealed the use-standards tables formerly codified in Chapter 26. Please refer to the use tables in Chapter 5 and the development standards table in Chapter 6 for all zones.