Chapter 19.44
COMMERCIAL ZONING DISTRICTS

Sections:

19.44.010    Purpose.

19.44.020    Uses.

19.44.030    Downtown commerce district – Special property use.

19.44.040    Neighborhood commercial district – Uses permitted.

19.44.050    Regional commercial district – Uses permitted.

19.44.060    Regional commercial district – Expansion of existing uses.

19.44.070    Dimensional standards.

19.44.080    Regional commercial district – Additional dimensional standards.

19.44.090    General provisions.

19.44.100    Recreational marijuana retail outlet.

19.44.110    Emergency shelters and emergency housing.

19.44.010 Purpose.

This chapter accommodates a range of commercial land uses in the community in five commercial districts and one mixed use district. All of these districts are intended to provide for land use compatibility while providing a high-quality environment for customers, businesses and employees.

The central business (CBD) district is the commercial area which is, shall be maintained, promoted as, and redeveloped as a major retail, service, financial, professional, and cultural center if not also the regional retail trade center for the Longview-Kelso urban area and vicinity. This area shall be developed and redeveloped with a dense, highly intensive land use pattern focusing on high-quality, urban style of development and architecture.

The downtown commerce (D-C) district is a part of the overall central business district identified in the comprehensive plan. The D-C district has the same purpose as the CBD zoning district but is designed to reflect its unique historical heritage. Pedestrian, bicycle, and transit access is emphasized to ensure that this area is walkable. Active storefronts are vital to maintaining a walkable ambiance for the downtown area.

The regional commercial (RC) district is characterized by development that typically contains a mixture of high intensity uses including regional shopping, offices, professional services, and entertainment facilities.

The overall intent of the office/commercial (O/C) district is to accommodate commercial and personal service establishments of a citywide or regional nature.

The general commercial (GC) district is intended to provide activity centers that serve the day-to-day needs of the community as well as the surrounding neighborhoods and residential areas but that are less intense than regional commercial areas.

The neighborhood commercial (NC) district purpose is to accommodate relatively small, compact areas located throughout the city that provide goods and services for the immediate neighborhood. These areas provide goods and services sought routinely and regularly, generally more on the basis of convenient location than price.

This chapter guides the orderly development of commercial areas based on the following objectives:

(1) Provide for efficient use of land and public services;

(2) Create a mixture of land uses that encourages employment and housing options in close proximity to one another;

(3) Provide formal and informal community gathering places and opportunities for socialization (e.g., active street fronts in the downtown district);

(4) Encourage new developments to support multiple modes of transportation such as public transit, pedestrians, and bicyclists;

(5) Accommodate a range of allowable business and commercial uses in appropriate locations at the neighborhood, community, and regional levels;

(6) Ensure land use compatibility among business, commerce and residences in terms of permitted uses, building height, bulk, scale;

(7) Provide attractive locations for business to locate; and

(8) To protect commercial areas from harmful encroachment by incompatible uses and to ensure no land shall be usurped by inappropriate uses. (Ord. 3450 § 7, 2021; Ord. 3202 § 14, 2012).

19.44.020 Uses.

Table 19.44.020-1 includes uses that are permitted (“P”) or allowed through a special property use permit (“SPU”). If a field is blank, or the use is not listed, the use is not allowed in that particular zone.

Table 19.44.020-1. Permitted uses in commercial zones. 

Use
Retail Sales and Service	D-C	CBD	RC1	NC2	GC	O/C
Sales oriented: stores selling, leasing, or renting consumer, home and business goods	P	P	P	P	P	P10
Personal service oriented: financial, insurance, real estate, professional outlets and offices, and beauty/barber shops	P	P	P	P	P	P
Health care providers3	P	P	P	P	P	P
Repair oriented: repair of TVs, bicycles, clocks, watches, shoes, guns, appliances and office equipment; photo or laundry drop-off; quick printing; tailor; locksmith; and upholsterer	P	P		P	P	P
Stand-alone liquor store		P8	P		P
Recreational marijuana retail outlets per LMC 19.44.100		P	P		P	P
Eating and Drinking Establishments	D-C	CBD	RC1	NC2	GC	O/C
Restaurant	P	P	P	P	P	P
Restaurant, with incidental consumption of alcoholic beverages	P	P8	P	SPU	P	P
Bars, taverns, and nightclubs	P	P8	P		P
Restaurant, with drive-through facility	P	P	P		P	P
Restaurant, with seating in the public right-of-way	P	P		P	P	P
Walk-up food establishment with no indoor seating	P	P		SPU	P	SPU
Brewpub	P	P	P9		P	P
Lodging, temporary stay	D-C	CBD	RC1	NC2	GC	O/C
Hotels, motels and lodges	P	P			P	P
Recreational vehicle (RV) parks per Chapters 19.65 and 19.90 LMC					P
Bed and breakfast inns	P4			P
Vehicle sales, renting, service, and storage	D-C	CBD	RC1	NC2	GC	O/C
Vehicle repair and service of consumer motor vehicles, including motorcycles, all-terrain vehicles and light and medium trucks		P			P	P
Automobile, light and medium truck dealers		P			P	P10
Bus, heavy truck, RV, travel trailer or other large vehicle dealers
Bicycle, motorcycle, all-terrain vehicle dealers	P5	P	P		P
Boat or marine craft dealer					P	P
Vehicle storage, outdoor					P
Vehicle washing					P	P
Vehicle renting and leasing		P			P	P
Vehicle fueling station		P	P11	P12	P	P10
Amusement/Cultural	D-C	CBD	RC1	NC2	GC	O/C
Indoor continuous entertainment activities such as bowling alleys, skating rinks, game arcades and pool halls	P	P	P		P
Outdoor continuous entertainment activities such as miniature golf and skateboard facilities	P				P
Theaters, indoor	P	P	P		P
Drive-in theaters, stadiums and arenas					P
Museums, botanical and zoological gardens, public plazas, performing and cultural arts studios	P	P			P
Athletic, health and racket clubs	P	P	P	P	P	P
Circuses, carnivals, or amusement rides		SPU			SPU
Membership clubs such as fraternal organizations	P6, 14	P			P
Gambling casinos, card rooms, bingo parlors, pari-mutuel betting parlors, and video arcades		SPU8
Residential	D-C	CBD	RC1	NC2	GC	O/C
Residential dwellings above the first story of commercial buildings	P	P		P	P	P
Mixed-use multifamily residential/commercial developments per LMC 19.46.015	P14				P
Congregate care, assisted living and continuing care facilities and nursing homes for elderly individuals; including accessory services to the above uses					SPU	SPU
Existing residences without any increase in density			P
Permanent supportive housing	P	P	P	P	P	P
Transitional housing	P	P	P	P	P	P
Emergency shelters per LMC 19.44.110	P	P			P	P
Emergency housing per LMC 19.44.110	P	P			P	P
Residential care facilities per Chapter 19.17 LMC	P	P	P	P	P	P
Education	D-C	CBD	RC1	NC2	GC	O/C
Schools that meet state requirements for elementary, secondary or higher education, public or private	SPU
Vocational or technical institutions and colleges	SPU	P			P	P
Dance, music or art schools or studios; athletic, sports-training or martial arts facilities or schools	SPU	P		SPU	P	P
Driving school	SPU	P			P	P
Miscellaneous	D-C	CBD	RC1	NC2	GC	O/C
Day care facilities for the care of more than 12 children	SPU	P		P	P	P
Commercial off-street parking lots and garages	SPU	P			P	P
Temporary uses per Chapter 19.41 LMC	P	P	P	P	P	P
Sidewalk businesses in accordance with LMC 12.30.090 through 12.30.140	P	P		P	P	P
Funeral parlors		P			P	P
Basic utility facilities, non-building structures13	SPU	SPU	SPU	SPU	P	SPU
Self-service storage (mini warehouses)					P	SPU
Convention centers	SPU	P	P		P	P
Bus terminals and stations, transportation and transit facilities	SPU	P	P	P	P	P
Drive-in and drive-through facilities associated with an allowed use	SPU	P	P		P	P
Telecommunications structures and equipment, subject to the provisions of Chapter 16.75 LMC		P	P	P	P	P
Small animal clinics or veterinary hospitals	P7	P7			P7	P7
Pet grooming	P	P	P	P	P	P
Boat marinas						P
Microbrewery/microwinery/craft distillery		SPU			P
Religious assembly and institutions, community centers	P6	P			P	P
Public safety facility		P	SPU		SPU	P

1. See LMC 19.44.050 for further clarification on what is a permitted use within the regional commercial district.

2. See LMC 19.44.040 for further clarification on what is a permitted use within the neighborhood commercial district.

3. Providers of ambulance services need a special property use permit.

4. Bed and breakfast inns must be located above the first floor in the D-C district.

5. No outdoor display of motorized vehicles is allowed.

6. In the D-C district any property use intended to primarily provide meeting areas for secular and nonsecular uses without an ongoing active ground floor use is prohibited. An “active ground floor use” means a retail, business, or entertainment use where persons come and go on a constant and frequent basis.

7. The medical care and services administered to animals shall occur only within the confines of the principal building located on the premises.

8. These uses are not allowed within 700 feet of the centerline of the west end of the city street named Mark Morris Court.

9. Brewpubs are permitted outright only in conjunction with LMC 19.44.050(4), sit-down restaurants with a minimum enclosed floor area of 5,000 square feet.

10. These uses are only allowed in the O/C district if they are located west of 12th Avenue, except Assessor’s Parcel Number 08749 is allowed to have these uses also.

11. Per LMC 19.44.050.

12. Per LMC 19.44.040.

13. City water, sewer, and drainage pump stations are permitted outright in all commercial districts and are not subject to setback requirements of this chapter.

14. In the D-C zone, these uses may only be located on lots with frontage on 12th and 14th Avenues.

(Ord. 3461 § 1, 2022; Ord. 3450 § 7, 2021; Ord. 3442 § 4, 2021; Ord. 3425 § 2, 2020; Ord. 3421 § 2, 2020; Ord. 3395 § 3, 2019; Ord. 3362 § 2, 2017; Ord. 3358 § 1, 2017; Ord. 3297 § 7, 2015; Ord. 3268 § 3, 2014; Ord. 3262 § 2, 2014; Ord. 3202 § 14, 2012).

19.44.030 Downtown commerce district – Special property use.

In the downtown commerce district special property use permits are granted by the city council. Per LMC 2.03.060, the city council shall conduct an open-record public hearing prior to their decision. Per LMC 2.27.070, the planning commission shall make recommendations to the city council for the granting or denial of such permits. (Ord. 3450 § 7, 2021; Ord. 3202 § 14, 2012).

19.44.040 Neighborhood commercial district – Uses permitted.

(1) To ensure consistency with the purpose statement for the neighborhood commercial district as given in LMC 19.44.010, the types of land uses and their size shall be limited as follows:

(a) Land uses are restricted to those uses that provide sales and services to neighborhoods not on a citywide or regional basis.

Neighborhood convenience store (vehicle fueling stations are allowed in conjunction with a convenience store but only upon receiving a special property use permit per Chapter 19.12 LMC);

Pharmacy/drug store;

Variety/sundries store;

Snacks, e.g., ice cream parlor, bakery;

Personal services, e.g., beauty or barber shop;

Indoor recreation facilities (no alcohol beverages), e.g., arcade, computer gaming/internet access, pool hall;

Tutoring centers, computer classes, after-school math and reading centers, and arts and crafts classes;

Transitional housing;

Permanent supportive housing, subject to standards set forth in Chapter 19.22 LMC;

Medical and dental offices for primary care and/or wellness programs;

Other uses listed in the broad categories in the Retail Sales and Service section of Table 19.44.020-1 are allowed in the neighborhood commercial district upon receiving a written determination from the director that the use:

(i) Primarily serves adjacent neighborhoods;

(ii) No generation of dust, odors, noise, vibration, or electrical interference or fluctuation shall be perceptible beyond the property line;

(iii) Vehicle traffic generated by the use shall be limited to no more than 200 trip ends per weekday on average.

The director’s decision may be appealed to the appeal board of adjustment per LMC 19.12.045 and 19.12.047.

(b) The amount of floor space for each business shall be limited as follows: Storage and any other ancillary floor space are included in the floor space limit.

Sales oriented: 5,000 square feet;

Personal service oriented: 2,000 square feet;

Repair oriented: 1,500 square feet;

Restaurant: 2,000 square feet;

Indoor recreation facilities: 2,000 square feet;

Athletic, health and racket clubs: 4,000 square feet;

Dance, music or art schools or studios; athletic, sports-training or martial arts facilities or schools: 4,000 square feet;

Medical or dentist office and/or wellness center: 2,000 square feet.

(2) Beer and wine may be served and consumed on the premises of a restaurant located within the neighborhood commercial (NC) district, only as a special property use, permitted by the appeal board of adjustment. Any special property use permit granted by the appeal board of adjustment shall be subject to the following determinations and/or requirements:

(a) The serving and consumption of beer and wine is not expected to have an unreasonable adverse effect on adjoining residential property uses arising from increased traffic, noise or lights;

(b) The serving and consumption of beer and wine shall be permitted to occur only when accompanied by the serving of food, and not independent thereof;

(c) The hours of restaurant operation shall be limited in such a manner as to not unreasonably have an adverse effect on the residential character of adjoining property. (Ord. 3450 § 7, 2021; Ord. 3202 § 14, 2012).

19.44.050 Regional commercial district – Uses permitted.

In the regional commercial district, RC, no building or premises shall be used or shall any building or structure be hereafter erected or altered except for one or more of the following uses. If a conflict arises between this section and Table 19.44.020-1, this section shall prevail.

(1) Individual (stand-alone) retail or supermarket stores; provided, that they are operated in a structure with an enclosed floor area of 20,000 square feet or larger;

(2) Retail or supermarket uses of any size; provided, that they are located within a structure with a minimum enclosed floor area of 40,000 square feet;

(3) Individual (stand-alone) retail and supermarket stores operated in a structure that has a minimum enclosed floor area of 5,000 square feet; provided, that:

(a) An individual (stand-alone) retail or supermarket store exceeding 40,000 square feet of enclosed floor area is constructed as part of the same overall development; or

(b) The total square footage of all proposed permitted uses is equal to or exceeds 80,000 square feet of enclosed floor area and is part of a comprehensive development plan;

(4) Sit-down restaurants with a minimum enclosed floor area of 5,000 square feet;

(5) Fast-food (including drive-through) restaurants and cafes of any size that are developed as part of, or within, a comprehensive development proposal or project that is equal to or exceeds 80,000 square feet of enclosed floor area;

(6) Vehicle fueling stations operated in conjunction with one or more permitted uses; provided, that it is part of a comprehensive development plan that includes a minimum enclosed floor area of 80,000 square feet, but not including stand-alone service stations with or without mini-marts;

(7) Entertainment facilities which occupy structures with a minimum enclosed floor area of 20,000 square feet;

(8) Office uses or personal service establishments operated in structures that include a minimum enclosed floor area of 20,000 square feet;

(9) Existing legal lots, built on or vacant, that were commercially zoned prior to April 18, 2008, shall not be subject to the square footage requirements set forth in subsections (1), (2), (3), (4), (5), (6), (7) and (8) of this section now or in the future even if they are subsequently combined or otherwise consolidated; provided, that all land divisions must comply with this chapter;

(10) Single-family detached dwellings and their customary accessory buildings and uses, existing on the effective date of the regulations codified in this chapter, but not including new single-family residences, with the following exception: legal lots existing as of the original effective date of this chapter that do not have an existing residence or commercial structure on them and are not otherwise used for commercial purposes, including parking lots, may construct one single-family residence per existing vacant lot;

(11) Transitional housing;

(12) Permanent supportive housing, subject to standards set forth in Chapter 19.22 LMC; and

(13) Accessory uses and structures constructed on lots that have a preexisting residence. (Ord. 3450 § 7, 2021; Ord. 3202 § 14, 2012).

19.44.060 Regional commercial district – Expansion of existing uses.

The following standards apply to all structures and uses existing on the original effective date of the regulations codified in this chapter:

(1) Existing Residential Uses. The restoration or reconstruction of a residence in its existing footprint is allowed, provided a building permit is issued within one year of the date of its [residence] partial destruction by fire, explosion, act of God or act of public enemy. A legally established residential use or structure may be expanded, remodeled or rebuilt; provided, that the construction and use conform to the residential district, R-1 zoning standards. Expansions of up to 25 percent of the existing residential footprint (in square feet) are allowed and shall be measured cumulatively from the effective date of the ordinance codified in this chapter.

(2) Existing Commercial Uses. Existing commercial uses that do not conform to this chapter may be expanded, enlarged, extended (including hours of operation), remodeled or rebuilt. This allowance relates strictly to the use and size (square footage) of the operation in relation to the permitted uses set forth in LMC 19.44.050. Any expansion, enlargement, extension, remodel or rebuilding must meet area, landscaping, transportation, parking, stormwater control and all other applicable standards unless otherwise approved. (Ord. 3450 § 7, 2021; Ord. 3202 § 14, 2012).

19.44.070 Dimensional standards.

Table 19.44.070-1 provides the density and dimensional standards for each zone. No building, structure or use shall hereafter be erected, constructed or established on a lot that does not meet the requirements for lots as contained in this chapter and for the district in which said lot is located, except for nonconforming lots of record as defined in Chapter 19.09 LMC. “NR” means no restriction.

Table 19.44.070-1. Dimensional standards by zone. 

Standards
	D-C	CBD	RC	NC2	GC	O/C
Minimum lot size (square feet)	NR	5,000	One Acre1	5,000	6,000	5,000
Minimum lot frontage/width (feet)	NR	40	40	40	50	40
Minimum front setback (feet)	NR		10	30	NR	20
Maximum front setback (feet)	10	NR	NR	NR	NR	NR
Rear yard setback (feet)	NR		101	20	10	10
Side yard setback (feet)	NR		101	10	NR	10
Side yard (street) setback – corner lot, street flanking (feet)	NR		101	15	10	15
Maximum building height (feet)	60	60	48, with no building over 3 stories	35	48, with no building over 3 stories3	112
Maximum impervious area of lot	NR	90%	90%	80%	85%	85%

1. See LMC 19.44.080 for additional dimensional standards and exemptions.

2. See LMC 19.44.090 for additional dimensional standards.

3. See LMC 19.46.015 for height standards for mixed-use multifamily residential/commercial developments and hotels.

(Ord. 3450 § 7, 2021; Ord. 3421 § 3, 2020; Ord. 3202 § 14, 2012).

19.44.080 Regional commercial district – Additional dimensional standards.

(1) Minimum Lot Size.

(a) Lots 10,000 square feet or larger may be created provided the site is part of an existing shopping center or is part of a comprehensive development project that includes one or more permitted uses which have a combined enclosed square footage of 80,000 square feet or greater.

(b) Lots that existed on April 18, 2008, that do not meet the minimum area requirements of this section may be developed in accordance with this chapter; provided, that all other standards are met unless otherwise approved, including those set forth in LMC 19.44.050 and 19.44.060.

(2) Rear Yard Setback. The minimum rear yard setback is 20 feet if the rear yard abuts a residential zone plus an additional one-half foot for each foot the building exceeds 20 feet in height to a maximum setback requirement of 40 feet. Buildings in excess of 20 feet may be stepped.

(3) Side Yard Setback. The minimum side yard setback is 15 feet if the side yard abuts a residential zone plus an additional one-half foot for each foot the building exceeds 20 feet in height to a maximum setback requirement of 40 feet. Buildings in excess of 20 feet may be stepped. (Ord. 3450 § 7, 2021; Ord. 3202 § 14, 2012).

19.44.090 General provisions.

(1) Every principal structure shall front on or be located on property that fronts upon a street dedicated to and maintained by a municipal corporation. The amount of frontage required is given in Table 19.44.070-1.

(2) All driveways, parking areas, and pedestrian ways shall be surfaced with an all-weather surface. Curb and gutter shall be provided where required by the street design standards.

(3) Every land use hereafter erected or enlarged within the commercial districts (D-C, CBD, RC, NC, GC and O/C) shall provide off-street automobile parking and truck loading and unloading facilities as required by applicable sections of Chapter 19.78 LMC.

(4) Corner Lots. Landscaping, screening, fencing, equipment and materials shall not be located on corner lots so as to create sight obstructions at intersections. Appropriate sight distance shall be maintained in accordance with LMC and city engineering standards to the satisfaction of the public works director or their designee.

(5) Stormwater Management. Stormwater management shall conform to Chapter 17.80 LMC and all other applicable statutes.

(6) Lighting. Lighting shall be directed downward, inward and away from public rights-of-way and adjoining uses. All lighting shall be shielded so that the direct illumination shall be confined to the property boundaries of the light source.

(7) Outdoor Storage and Product Display. Product display and outdoor storage shall be located only in designated areas as illustrated on an approved site plan and shall not block required pedestrian pathways, vehicular circulation routes or parking areas and shall not negatively impact public safety.

(8) Screening of Mechanical Equipment. Rooftop mechanical equipment shall be screened in a manner that is incorporated in the architectural form of the building. Mechanical equipment located on the ground shall be screened by fencing and/or landscaping.

(9) Loading Areas, Refuse Receptacles. Solid waste and recycling receptacles, service areas and loading docks shall be screened from adjacent residential properties and public rights-of-way by an opaque visual barrier no lower than the highest point of the receptacles. Screening may include landscaping, walls, fences, topographic changes, buildings, horizontal separation, or any combination thereof. Overhead doors and loading docks shall not face gateways, arterial or collector streets unless completely screened from view and shall not be located in required front yards.

(10) Offensive Activities. No use, activity, or equipment shall be permitted that creates a nuisance or is offensive, objectionable, or hazardous by reason of creation of excessive odors, noise, sound, vibrations, electrical and/or magnetic interference, dust, dirt, smoke, or other pollutants, noxious, toxic, or corrosive fumes or gases, radiation, explosion or fire hazard, or by reason of the generation, disposal, or storage of hazardous or dangerous wastes or materials in a manner inconsistent with RCW Title 70 as presently constituted or as may be subsequently amended. (Ord. 3450 § 7, 2021; Ord. 3351 § 6, 2017; Ord. 3202 § 14, 2012).

19.44.100 Recreational marijuana retail outlet.

The following standards apply to recreational marijuana retail outlets:

(1) All recreational marijuana retail outlets shall be licensed per Chapter 314-55 WAC.

(2) Prohibited Areas. Recreational marijuana retail outlets shall not be allowed in the following areas:

(a) Within 250 feet of a residential district.

(b) Within a mobile home park, trailer park and/or RV park or within 250 feet of any mobile home park, trailer park and/or RV park.

(3) The distances specified in subsection (2) of this section shall be measured as follows:

(a) For subsection (2)(a) of this section, the distance shall be measured as the shortest straight line distance from the nearest wall of the building housing the licensed premises to the residential zoning district boundary line.

(b) For subsection (2)(b) of this section, the distance shall be measured as the shortest straight line distance from the property line of the licensed premises to the property line of a use listed in subsection (2)(b) of this section.

(4) Consumption of marijuana, products containing marijuana or alcohol on the premises is prohibited, as are any other associated uses such as a smoking room, dance or performance space, private club, open-to-the-public nightclub, cabaret, tavern, or similar establishment. (Ord. 3450 § 7, 2021; Ord. 3262 § 3, 2014).

19.44.110 Emergency shelters and emergency housing.

The following standards apply to emergency shelters and emergency housing:

(1) Emergency shelters and emergency housing shall be consistent with the definitions given in Chapter 19.09 LMC.

(2) Prohibited Areas. Emergency shelters, emergency housing shall not be located within 1,000 feet of another emergency shelter, emergency housing facility, in commercial zones.

(3) Emergency shelters shall be subject to standards for facility operations and management plans set forth below:

(a) Facility operations and management plans are required to be filed with the city with each new application for emergency shelters. The plan should address:

(i) Roles and responsibilities of key staff;

(ii) Site/facility management, including a security and emergency plan;

(iii) Site/facility maintenance;

(iv) Occupancy policies, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on the on-site use or sale of alcohol and illegal drugs and threatening or unsafe behavior. The sponsor and/or managing agency shall ensure that items deemed as weapons are stored in a safe location;

(v) Provision of human and social services, including staffing plan and outcome measures;

(vi) Outreach with surrounding property owners and residents and ongoing good neighbor policy; and

(vii) Procedures for maintaining accurate and complete records.

(b) The shelter security plan must be updated regularly with easily accessible contact information for key staff and leadership of the emergency shelter. (Ord. 3450 § 7, 2021; Ord. 3358 § 2, 2017).