Chapter 22.46
NEIGHBORHOOD COMMERCIAL DISTRICT (NC)
Sections:
22.46.005 Administrative uses.
22.46.008 Development standards.
22.46.001 Purpose.
The NC zoning district is intended to implement the comprehensive plan’s neighborhood commercial land use designation. This district provides for small-scale shopping areas that offer retail convenience goods and personal services primarily for the daily needs of nearby neighborhoods. This zoning district is designed to reduce vehicle trips by providing convenient shopping for nearby residents. NC zones are located on transit routes, and site and building design also encourage pedestrian, bicycle and transit use. A pedestrian orientation is required for new development and new automobile-oriented uses are prohibited. Neighborhood commercial sites are limited in size to keep them in scale with the neighborhoods they serve and nearby uses. In addition, high quality landscaping is used to make the area attractive and functional and to minimize negative impacts on nearby uses. Other measures, such as buffering requirements and limits on hours of operation, may be used to reduce impacts to nearby residences. Limited residential uses above the ground floor level of mixed-use buildings are encouraged. Master plans are required for substantial redevelopment or substantial new development within areas designated “special planning areas” on the comprehensive plan’s land use designation map. (Ord. 1562 § 20, 2015; Ord. 1246 § 9, 2000).
22.46.002 Permitted uses.
Uses permitted subject to site plan approval in accordance with Chapter 22.72 FMC and administrative design review approval in accordance with Chapter 22.66 FMC:
(a) Retail sales store including, but not limited to, the sale or rental of the following items: antiques, appliances (small), art and art supplies, bicycles, books, clothing, fabrics, flowers, gifts, groceries, hardware, hobby and craft supplies, home furnishings, lawn and garden equipment and supplies, paint and wallpaper, music, pets, pharmaceuticals, photography supplies and processing, sporting goods, stationery, and videos.
(b) Commercial service including, but not limited to: beauty and hair care, consulting, copying, fitness/health studios, laundry and cleaning (self-service), locksmithing, office equipment repair, optical, paging, pet grooming, post office or postal substation, studio photography, real estate sales, shoe repair, tailoring, telecommunication sales, and travel agency service.
(c) Food- or beverage-serving establishment including, but not limited to: bakery, cafeteria, coffee shop, confectionery, delicatessen, espresso stand, ice cream or yogurt shop, restaurant and other sit-down, self-service or take-out establishments. See FMC 22.58.029 for standards regulating establishments licensed by the Washington State Liquor and Cannabis Board to serve liquor for on-premises consumption. See FMC 22.46.005 for establishments serving liquor for on-premises consumption in an outdoor customer seating area.
(d) Commercial office serving primarily a local clientele including, but not limited to: medical, dental, optometric, business and professional office.
(e) Culturally enriching use including, but not limited to: art gallery, dance studio, library, museum, live theater venue and senior center.
(f) Residential dwelling units, including family group homes and adult family homes, located above the ground floor of a commercial establishment, not to exceed a maximum density of six units per gross acre of site area.
(g) Necessary public or quasi-public utility building, structure or equipment, unstaffed and less than or equal to 500 square feet in gross floor area (subject to compliance with landscape standards in Chapter 22.62 FMC). Excludes substation. (Ord. 1568 § 1, 2015; Ord. 1562 § 21, 2015; Ord. 1246 § 9, 2000).
22.46.003 Accessory uses.
Uses permitted in conjunction with, or accessory to, a principal use permitted in FMC 22.46.002:
(a) Temporary accessory use or structure (subject to compliance with FMC 22.58.015).
(b) Home occupation – Type I (subject to compliance with FMC 22.58.013).
(c) Employee recreation facility and play area.
(d) Family day-care facility (subject to compliance with FMC 22.58.010).
(e) Other accessory use or structure which is subordinate and incidental to a principally permitted use, as determined by the director.
(f) Electric vehicle charging station (subject to compliance with FMC 22.58.025).
(g) Electric vehicle battery exchange station (subject to compliance with FMC 22.58.025).
(h) Delivery service, when the principal use is located within a neighborhood commercial center abutting a street classified as an arterial in the Fircrest Comprehensive Plan, provided delivery vehicles use an arterial, and do not use an abutting local street, for making deliveries. (Ord. 1575 § 10, 2016; Ord. 1509 § 8, 2011; Ord. 1246 § 9, 2000).
22.46.004 Conditional uses.
Uses permitted subject to conditional use permit approval in accordance with Chapter 22.68 FMC and administrative design review approval in accordance with Chapter 22.66 FMC:
(a) Child day-care center.
(b) Preschool, accredited, public or private.
(c) Home occupation – Type II (subject to compliance with FMC 22.58.013).
(d) Necessary public or quasi-public structure or equipment greater than 500 square feet in gross floor area (subject to compliance with landscape standards in Chapter 22.62 FMC). Excludes substation.
(e) Personal wireless telecommunications facility (subject to compliance with Chapter 22.24 FMC).
(f) A use not listed above which: is not listed in another zoning district as a permitted or conditional use; is similar in nature to the above list of permitted and conditional uses; is consistent with the purpose and intent of this zoning district; and is compatible with the uses on adjoining properties. (Ord. 1246 § 9, 2000).
22.46.005 Administrative uses.
Uses permitted subject to administrative use permit approval in accordance with Chapter 22.70 FMC:
(a) Outdoor sidewalk cafe or other food- or beverage-serving facility or establishment, when located on a public sidewalk or other public right-of-way area (subject to compliance with FMC 22.58.017).
(b) Establishment licensed by the Washington State Liquor and Cannabis Board to serve liquor for on-premises consumption in an outdoor customer seating area (subject to compliance with FMC 22.58.029).
(c) Uses otherwise subject to site plan or conditional use permit approval which have been authorized by the hearing examiner as part of a master plan pursuant to FMC 22.46.006. (Ord. 1638 § 20, 2019; Ord. 1568 § 2, 2015; Ord. 1246 § 9, 2000).
22.46.006 Master plans.
Approval of a master plan by the hearing examiner is required for substantial redevelopment or substantial new development within areas designated “special planning areas” on the comprehensive plan’s land use designation map. Each master plan shall contain a pedestrian plaza with landscaping, seating, tables and complementary uses that render the site a pleasant, safe and comfortable resting, socializing and picnicking area for employees and shoppers. The master plan shall be processed as a major site plan in accordance with Chapter 22.72 FMC. Upon approval of a master plan, specific uses that would otherwise be subject to site plan or conditional use permit approval in Chapter 22.68 FMC and determined by the director to be consistent with the approved master plan may be approved in accordance with the administrative use permit review process contained in Chapter 22.70 FMC. No additional hearing examiner approval is required for these previously authorized uses. If a proposed individual use represents a substantial modification to, or departure from, the approved master plan, the proposal shall be processed as a site plan amendment in accordance with FMC 22.72.012. (Ord. 1638 § 21, 2019; Ord. 1246 § 9, 2000).
22.46.007 Prohibited uses.
The following uses are prohibited:
(a) Drive-up or drive-through facility.
(b) Off-street parking facility which provides greater than 120 percent of the minimum required number of parking stalls specified in FMC 22.60.003.
(c) Tavern, night club, sports entertainment facility or lounge as defined by the Washington State Liquor and Cannabis Board.
(d) Adult entertainment establishment.
(e) Second-hand store, other than antique store. (Ord. 1575 § 11, 2016; Ord. 1568 § 3, 2015; Ord. 1325 § 1, 2003; Ord. 1246 § 9, 2000).
22.46.008 Development standards.
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Maximum height |
30 feet. A maximum 40-foot height may be authorized if one or more levels of structured parking is provided at or below grade level within the building footprint. For other exceptions, see FMC 22.58.007. |
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Front yard and side street side yard setback |
Zero feet minimum / 20 feet maximum for first two stories. Additional stories shall be stepped back at least 10 feet from the wall plane of the first two stories. On street blocks where a historic main street development pattern is represented by buildings constructed to or near the front property line, new construction shall be built with a comparable setback that places the storefront abutting the sidewalk or in line with other buildings at or near the property line. On other street blocks where this historic pattern is not well established, new construction shall reinforce or establish a historic main street pattern. The maximum setback in such cases shall be 20 feet, unless the building is separated from a street by another principal building on the same lot. At least 75% of the length of the |
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ground floor street-facing facade of a building shall be within the maximum setback. |
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Minimum interior side yard setback |
10 feet when abutting any “R” district; otherwise zero feet. |
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Minimum rear yard setback |
20 feet when abutting any “R” district; otherwise zero feet. |
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Minimum alley setback |
12 feet from an alley lot line; provided, that a structure may project over the required rear yard alley setback if a 14-foot clear vertical distance between the structure and ground level is maintained. |
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Maximum floor area for a single commercial use |
15,000 square feet. |
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Maximum lot coverage for structures |
65% for all structures combined. 75% for all structures combined if at least 50% of required parking is provided at or below grade level within the building footprint. |
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Maximum impervious surface coverage |
85% for structures and other impervious surfaces combined. |
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Ground floor use of a commercial or mixed use building |
See FMC 22.64.016(a). |
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Continuous storefront requirement for parking structures |
See FMC 22.64.016(b). |
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Minimum floor to ceiling height for ground floor commercial space |
See FMC 22.64.016(c). |
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Minimum storefront window area for ground floor commercial space |
See FMC 22.64.020(a). |
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Exterior wall modulation |
Building elevations greater than 60 feet in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least 6 feet. The projections or recesses shall extend at least 20% of the length of the facade. No uninterrupted length of any building elevation shall exceed 60 horizontal feet. See FMC 22.64.009 for an illustration of this requirement. Alternative designs that: incorporate recessed or projecting balconies; use base, middle and top treatments with different forms; include roof modulation; and/or provide strong articulation of the facade through the use of multiple siding materials and textures, various building forms, awnings and variation in colors – in conjunction with appropriate landscaping, may be approved in lieu of compliance with the wall modulation standard specified above. |
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Pedestrian plaza requirements |
See FMC 22.58.016. |
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Business hours |
6:00 a.m. through 12:00 midnight, unless further restricted through the site plan review or conditional use permit review processes – see Chapters 22.68 and 22.72 FMC. |
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Additional specific use and structure regulations, including performance standards |
See Chapter 22.58 FMC. |
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Parking, circulation, and transit improvements |
See Chapter 22.60 FMC. |
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Landscaping regulations |
See Chapter 22.62 FMC. |
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Design standards |
See Chapter 22.64 FMC. |
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Sign regulations |
See Chapter 22.26 FMC. |
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Calculations resulting in a fraction shall be rounded to the nearest whole number with .50 being rounded up. |
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(Ord. 1562 § 22, 2015; Ord. 1311 § 9, 2002; Ord. 1272 § 6, 2001; Ord. 1246 § 9, 2000).