Chapter 22C.020 COMMERCIAL, INDUSTRIAL, RECREATION AND PUBLIC INSTITUTIONAL ZONES

The commercial, industrial, recreation and public institutional zone categories implement the commercial, industrial and recreational goals and policies and land use plan map designation of the comprehensive plan. The zones are for areas of the city designated by the comprehensive plan for commercial, industrial and recreational uses. The difference in the zoning categories reflects the diversity of commercial, industrial and recreation areas in the city. The zones are distinguished by the uses allowed and the intensity of development allowed. A wide range of uses is allowed in each zone. Limits on the intensity of uses and the development standards promote the desired character for the commercial, industrial or recreational area. The development standards are designed to allow a large degree of development flexibility within parameters that support the intent of the specific zone. The standards are intended to provide certainty to property owners, developers and neighbors about the limits of what is allowed in the various zoning categories. (Ord. 2852 § 10 (Exh. A), 2011).

22C.020.020 List of the commercial, industrial, recreation and public institutional zones.

The full names, short names and map symbols of the commercial, industrial, recreation and public institutional zones are listed below.

Full Name	Short Name/Map Symbol
Neighborhood business	NB
Community business	CB
General commercial	GC
Downtown commercial	DTC
Mixed use	MU
Light industrial	LI
General industrial	GI
Recreation	REC
Public/institutional zone	P/I
Whiskey Ridge	WR (suffix to zone’s map symbol)
Small farms overlay	SF (suffix to zone’s map symbol)
Property-specific development standards	P (suffix to zone’s map symbol)

(Ord. 3260 § 5 (Exh. E), 2023; Ord. 3193 § 12, 2021; Ord. 2852 § 10 (Exh. A), 2011).

22C.020.030 Characteristics of commercial, industrial, recreation and public institutional zones.

(1) Neighborhood Business Zone.

(a) The purpose of the neighborhood business zone (NB) is to provide convenient daily retail and personal services for a limited service area and to minimize impacts of commercial activities on nearby properties. These purposes are accomplished by:

(i) Limiting nonresidential uses to those retail or personal services which can serve the everyday needs of a surrounding residential area;

(ii) Allowing for a mix of housing and retail/service uses; and

(iii) Excluding industrial and community/regional business-scaled uses.

(b) Use of this zone is appropriate in neighborhood centers designated by the comprehensive plan which are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services.

(2) Community Business and Community Business – Whiskey Ridge Zones.

(a) The purpose of the community business (CB) and community business – Whiskey Ridge (CB-WR) zones is to provide convenience and comparison retail and personal services for local service areas which exceed the daily convenience needs of adjacent neighborhoods but which cannot be served conveniently by larger activity centers, and to provide retail and personal services in locations within activity centers that are not appropriate for extensive outdoor storage or auto-related and industrial uses. These purposes are accomplished by:

(i) Providing for limited small-scale offices as well as a wider range of the retail, professional, governmental and personal services than are found in neighborhood business areas;

(ii) Allowing for a mix of housing and retail/service uses; provided, that housing is not allowed in the community business – Whiskey Ridge zone; and

(iii) Excluding commercial uses with extensive outdoor storage or fabrication and industrial uses.

(b) Use of this zone is appropriate in community business areas that are designated by the comprehensive plan and are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services.

(3) General Commercial Zone.

(a) The purpose of the general commercial zone (GC) is to provide for the broadest mix of commercial, wholesale, service and recreation/cultural uses with compatible storage and fabrication uses, serving regional market areas and offering significant employment. These purposes are accomplished by:

(i) Encouraging compact development that is supportive of transit and pedestrian travel, through higher nonresidential building heights and floor area ratios than those found in CB zoned areas;

(ii) Allowing for outdoor sales and storage, regional shopping areas and limited fabrication uses; and

(iii) Concentrating large-scale commercial and office uses to facilitate the efficient provision of public facilities and services.

(b) Use of this zone is appropriate in general commercial areas that are designated by the comprehensive plan that are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services.

(4) Downtown Commercial Zone.

(a) The purpose of the downtown commercial zone (DTC) is to provide for the broadest mix of comparison retail, service and recreation/cultural uses with higher density residential uses, serving regional market areas and offering significant employment. These purposes are accomplished by:

(i) Encouraging compact development that is supportive of transit and pedestrian travel, through higher nonresidential building heights and floor area ratios than those found in GC zoned areas;

(ii) Allowing for regional shopping areas, and limited fabrication uses; and

(iii) Concentrating large-scale commercial and office uses to facilitate the efficient provision of public facilities and services.

(b) Use of this zone is appropriate in downtown commercial areas that are designated by the comprehensive plan that are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services.

(5) Mixed Use Zone.

(a) The purpose of the mixed use zone (MU) is to provide for pedestrian- and transit-oriented high-density employment uses together with limited complementary retail and higher density residential development in locations within activity centers where the full range of commercial activities is not desirable. These purposes are accomplished by:

(i) Allowing for uses that will take advantage of pedestrian-oriented site and street improvement standards;

(ii) Providing for higher building heights and floor area ratios than those found in the CB zone;

(iii) Reducing the ratio of required parking to building floor area;

(iv) Allowing for on-site convenient daily retail and personal services for employees and residents; and

(v) Minimizing auto-oriented, outdoor or other retail sales and services which do not provide for the daily convenience needs of on-site and nearby employees or residents.

(b) Use of this zone is appropriate in areas designated by the comprehensive plan for mixed use, or mixed use overlay, which are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services.

(6) Light Industrial Zone.

(a) The purpose of the light industrial zone (LI) is to provide for the location and grouping of non-nuisance-generating industrial enterprises and activities involving manufacturing, assembly, fabrication, processing, bulk handling and storage, research facilities, warehousing and limited retail uses. It is also a purpose of this zone to protect the industrial land base for industrial economic development and employment opportunities. These purposes are accomplished by:

(i) Allowing for a wide range of industrial and manufacturing uses;

(ii) Establishing appropriate development standards and public review procedures for industrial activities with the greatest potential for adverse impacts; and

(iii) Limiting residential, institutional, service, office and other nonindustrial uses to those necessary to directly support industrial activities.

(b) Use of this zone is appropriate in light industrial areas designated by the comprehensive plan which are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services.

(7) General Industrial Zone.

(a) The purpose of the general industrial zone (GI) is to provide for the location and grouping of industrial enterprises and activities involving manufacturing, assembly, fabrication, processing, bulk handling and storage, research facilities, warehousing and heavy trucking and equipment but also for commercial uses having special impacts and regulated by other chapters of this title. It is also a purpose of this zone to protect the industrial land base for industrial economic development and employment opportunities. These purposes are accomplished by:

(i) Allowing for a wide range of industrial and manufacturing uses;

(ii) Establishing appropriate development standards and public review procedures for industrial activities with the greatest potential for adverse impacts; and

(iii) Limiting residential, institutional, service, office and other nonindustrial uses to those necessary to directly support industrial activities.

(b) Use of this zone is appropriate in general industrial areas designated by the comprehensive plan which are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services.

(8) Recreation Zone.

(a) The purpose of the recreation zone (REC) is to establish areas appropriate for public and private recreational uses. Recreation would permit passive as well as active recreational uses such as sports fields, ball courts, golf courses, and waterfront recreation, but not hunting. This zone would also permit some resource land uses related to agriculture and fish and wildlife management.

(b) This recreation zone is applied to all land designated as “recreation” on the comprehensive plan map.

(9) Public/Institutional Zone.

(a) The purpose of the public/institutional (P/I) land use zone is to establish a zone for governmental buildings, churches and public facilities.

(b) This public/institutional zone is applied to all land designated as “public/institutional” on the comprehensive plan map.

(10) Small Farms Overlay Zone.

(a) The purpose of the small farms overlay zone (-SF suffix to zone’s map symbol) is to provide a process for registering small farms, thereby applying the small farms overlay zone and recording official recognition of the existence of the small farm, and to provide encouragement for the preservation of such farms, as well as encouraging good neighbor relations between single-family and adjacent development.

(b) Use of this zone is appropriate for existing and newly designated small farms. (Ord. 3260 § 6 (Exh. F), 2023; Ord. 3193 § 13, 2021; Ord. 3159 § 2, 2020; Ord. 2852 § 10 (Exh. A), 2011).

22C.020.040 Additional zoning standards.

The standards in this chapter state the allowed uses and development standards for the base zones. Sites with overlay zones, subarea or master plans are subject to additional standards. The official zoning maps indicate which sites are subject to these additional standards. (Ord. 2852 § 10 (Exh. A), 2011).

22C.020.050 Commercial, industrial, recreation and public institutional zones primary uses.

(1) Permitted Uses (P). Uses permitted in the commercial, industrial, recreation and public institutional zones are listed in MMC 22C.020.060 with a “P.” These uses are allowed if they comply with the development standards and other standards of this chapter.

(2) Conditional Uses (C). Uses that are allowed if approved through the conditional use review process are listed in MMC 22C.020.060 with a “C.” These uses are allowed provided they comply with the conditional use approval criteria for that use, the development standards and other standards of this chapter. Uses listed with a “C” that also have a footnote number in the table are subject to the standards cited in the footnote. The conditional use review process and approval criteria are stated in Chapter 22G.010 MMC.

(3) Uses Not Permitted. If no symbol appears in the box at the intersection of the column and the row, the use is not permitted in that district, except for certain temporary uses.

(4) If a number appears in the box at the intersection of the column and the row, the use may be allowed subject to the appropriate review process indicated above, the general requirements of this code and the specific conditions indicated in the development condition with the corresponding number as listed in MMC 22C.020.070.

(5) If more than one letter-number combination appears in the box at the intersection of the column and the row, the use is allowed in that zone subject to different sets of limitation or conditions depending on the review process indicated by the letter, the general requirements of this code and the specific conditions indicated in the development condition with the corresponding number as listed in MMC 22C.020.070.

(6) All applicable requirements shall govern a use whether or not they are cross-referenced in a section. (Ord. 2852 § 10 (Exh. A), 2011).

22C.020.055 Modification of use regulations in nonresidential zones.

(1) Use Regulations That May Be Modified. An applicant may propose, and the director may approve, deny or conditionally approve a modification of the special regulations and notes in MMC 22C.020.070.

(2) Review Process.

(a) An applicant shall submit a request for modification, providing such information as is required by the director, including application fees.

(b) Notice of the proposed modification shall be provided to contiguous property owners.

(3) Evaluation Criteria. Any proposal to modify use regulations shall not undermine the intent of the standards. The director shall not approve a request for modification unless the proposal provides design elements or other appropriate mitigation equivalent or superior to what would likely result from compliance with the use regulations which are proposed to be modified. The director shall consider the following criteria in making a decision:

(a) The request for modification meets the intent of the standards being modified.

(b) The request for modification does not create any impacts or nuisances that cannot be mitigated, such as access points which are unsafe, noise, dust, odor, glare, visual blight or other undesirable environmental impacts.

(c) The request for modification meets any additional modification criteria for specific uses in this title. (Ord. 3207 § 4, 2022).

22C.020.060 Permitted uses.

Specific Land Use	NB	CB	CB-WR	GC	DTC	MU (63)	LI (81)	GI	REC	P/I
Residential Land Uses
Dwelling Units, Types:
Townhouse					P6	P
Multiple-family	C4	P4, C5		P4, C5	P4, P6	P
Manufactured home	P7	P7		P7		P7	P7	P7
Mobile home	P7	P7	P7	P7	P7	P7	P7	P7
Recreational vehicle	P7	P7		P7		P7	P7	P7
Tiny house or tiny house on wheels	P7	P7		P7		P7	P7	P7
Senior citizen assisted	P					C				P
Caretaker’s quarters (3)	P	P	P	P	P	P	P	P	P	P
Group Residences:
Adult family home (70)	P	P	P	P	P	P				P
Convalescent, nursing, retirement	C	P			P	P				P
Residential care facility	P	P			P	P	P70	P70	P70	P
Master planned senior community (10)						C				C
Enhanced services facility (77)		P		P		P
Transitional housing facilities (79)	P	P	P	P		P	P
Permanent supportive housing (79)	P	P	P	P		P	P
Emergency housing (80)	P, C	P, C	P, C	P, C		P, C	P, C
Emergency shelters – Indoor (80)	P, C	P, C	P, C	P, C		P, C	P, C
Accessory Uses:
Home occupation (2)	P8	P8, P9	P8, P9	P8, P9	P8, P9	P8, P9	P9	P9
Temporary Lodging:
Hotel/motel	P	P	P	P	P	P	P75
Bed and breakfast guesthouse (1)
Bed and breakfast inn (1)	P	P	P	P
Recreation/Cultural Land Uses
Park/Recreation:
Park	P11	P	P	P	P	P	P	P	P11	P
Marina					P			P	C	P
Dock and boathouse, private, noncommercial					P			P	P16	P
Boat launch, commercial or public					P			P		P
Boat launch, noncommercial or private					P			P	P17	P
Community center	P	P	P	P	P	P	P	P	P	P
Amusement/Entertainment:
Theater		P	P	P	P	P
Theater, drive-in				C
Amusement and recreation services		P18	P18	P18	P18	P19	P	C
Sports club	P	P	P	P	P	P	P	P
Golf facility (13)		P	P	P			P	P	C
Shooting range (14)				P15			P15
Outdoor performance center				C			C		C	C
Riding academy							P		C
Cultural:
Library, museum and art gallery	P	P	P	P	P	P	P	P	C	P
Church, synagogue and temple	P	P	P	P	P	P	P	P		P
Dancing, music and art center		P	P	P	P	P			C	P
General Services Land Uses
Personal Services:
General personal service	P	P	P	P	P	P	P	P
Dry cleaning plant		P	P				P	P
Dry cleaning pick-up station and retail service	P	P	P	P	P	P25	P76	P
Funeral home/crematory		P	P	P	P	P26	P76	P
Cemetery, columbarium or mausoleum	P24	P24	P24	P24, C20			P	P
Day care I	P70	P70	P70	P70	P70	P70	P21, 70	P70	P70	P70
Day care II	P	P	P	P	P	P	P21
Veterinary clinic	P	P	P	P	P	P	P76	P
Automotive repair and service	P22	C, P28	C, P28	P			P	P
Electric vehicle (EV) charging station (64)	P	P	P	P	P	P	P	P	P	P
EV rapid charging station (65), (66)	P	P	P	P	P67	P67	P	P
EV battery exchange station				P			P	P
Miscellaneous repair		P	P	P			P	P
Social services		P	P	P	P	P				P
Kennel, commercial and exhibitor/breeding (71)		P	P	P			P	P
Pet daycare (71), (72)		P	P	P	P	P	P76	P
Civic, social and fraternal association		P	P	P	P	C		P		P
Club (community, country, yacht, etc.)								P		P
Health Services:
Medical/dental clinic	P	P	P	P	P	P				P
Hospital		P	P	P	P	C				C
Miscellaneous health	P68	P68	P68	P68	P68	P68				P68
Supervised drug consumption facility
Education Services:
Elementary, middle/junior high, and senior high (including public, private and parochial)		C	C	C	C	C	P	C		C
Commercial school	P	P	P		P	P27				C
School district support facility	C	P	P	P	P	P	P	P		P
Vocational school		P	P	P	P	P27				P
Government/Business Service Land Uses
Government Services:
Public agency office	P	P	P	P	P	P	P	P		P
Public utility yard				P			P			P
Public safety facilities, including police and fire	P29	P	P	P	P	P	P			P
Utility facility	P	P	P	P		C	P	P		P
Private storm water management facility	P	P	P	P	P	P	P	P		P
Public storm water management facility	P	P	P	P	P	P	P	P		P
Business Services:
Contractors’ office and storage yard				P30	P30	P30	P	P
Interim recycling facility		P23	P23	P23			P			P
Taxi stands		P	P	P			P	P
Trucking and courier service		P31	P31	P31			P	P
Warehousing and wholesale trade				P			P	P
Mini-storage (36)		C78		C78			P76	P
Freight and cargo service				P			P	P
Cold storage warehousing							P	P
General business service and office	P	P	P	P	P	P30	P	P
Commercial vehicle storage							P	P
Professional office	P	P	P	P	P	P	P
Miscellaneous equipment rental		P30, 37	P30, 37	C38		P30, 37	P	P
Automotive rental and leasing				P			P	P
Automotive parking	P	P	P	P	P	P	P	P
Research, development and testing				P			P	P
Heavy equipment and truck repair							P	P
Automobile holding yard				C			P	P
Commercial/industrial accessory uses (73)	P39, 40	P39	P39	P39	P39, 40	P39, 40	P	P
Adult facility								P33
Factory-built commercial building (35)	P	P	P	P	P		P	P
Wireless communication facility (32)	P, C	P, C	P, C	P, C	P, C	P, C	P, C	P, C		P, C
State-Licensed Marijuana Facilities:
Marijuana cooperative (69)
Marijuana processing facility – Indoor only (69)
Marijuana production facility – Indoor only (69)
Marijuana retail facility (69)
Retail/Wholesale Land Uses
Building, hardware and garden materials	P47	P	P	P	P	P47	P76	P
Forest products sales		P	P	P			P
Department and variety stores	P	P	P	P	P	P	P76
Food stores	P	P	P	P	P	P45	P76
Agricultural crop sales		P	P	P		C	P76
Storage/retail sales, livestock feed							P76	P
Motor vehicle and boat dealers		P	P	P			P	P
Motorcycle dealers		C	C	P	P49		P	P
Gasoline service stations	P	P	P	P	P		P76	P
Eating and drinking places	P41	P	P	P	P	P46	P46	P
Drugstores	P	P	P	P	P	P	P76	P
Liquor stores		P	P	P
Used goods: antiques/secondhand shops		P	P	P	P	P
Sporting goods and related stores		P	P	P	P	P
Book, stationery, video and art supply stores	P	P	P	P	P	P
Jewelry stores		P	P	P	P	P
Hobby, toy, game shops	P	P	P	P	P	P
Photographic and electronic shops	P	P	P	P	P	P
Fabric and craft shops	P	P	P	P	P	P
Fuel dealers				P43			P43	P43
Florist shops	P	P	P	P	P	P
Pet shops	P	P	P	P	P	P
Tire stores		P	P	P	P		P76	P
Bulk retail		P	P	P			P76
Auction houses				P42			P76
Truck and heavy equipment dealers							P	P
Mobile home and RV dealers				C			P	P
Retail stores similar to those otherwise named on this list	P	P	P	P	P	P48	P44, 76	P44
Automobile wrecking yards							C	P
Manufacturing Land Uses
Food and kindred products		P50, 52	P50, 52	P50			P50	P
Winery/brewery		P53	P53	P	P53	P53	P	P
Textile mill products							P	P
Apparel and other textile products				C			P	P
Wood products, except furniture				P			P	P
Furniture and fixtures				P			P	P
Paper and allied products							P	P
Printing and publishing	P51	P51	P51	P		P51	P	P
Chemicals and allied products							C	C
Petroleum refining and related industries							C	C
Rubber and misc. plastics products							P	P
Leather and leather goods							C	C
Stone, clay, glass and concrete products							P	P
Primary metal industries							C	P
Fabricated metal products				C			P	P
Industrial and commercial machinery							C	P
Heavy machinery and equipment							C	P
Computer and office equipment				C			P
Electronic and other electric equipment				C			P
Railroad equipment							C	P
Miscellaneous light manufacturing				P54, 74	P54		P	P
Motor vehicle and bicycle manufacturing							C	P
Aircraft, ship and boat building							C	P
Tire retreading							C	P
Movie production/distribution				P			P
Resource Land Uses
Agriculture:
Growing and harvesting crops							P	P	P
Raising livestock and small animals							P	P	P
Greenhouse or nursery, wholesale and retail				P			P	P	C
Farm product processing							P	P
Forestry:
Growing and harvesting forest products							P
Forest research							P
Wood waste recycling and storage							C	C
Fish and Wildlife Management:
Hatchery/fish preserve (55)							P	P	C
Aquaculture (55)							P	P	C
Wildlife shelters	C	C	C						P
Mineral:
Processing of minerals							P	P
Asphalt paving mixtures and block							P	P
Regional Land Uses
Jail		C	C	C			C
Regional storm water management facility		C	C	C	C		C	C		P
Public agency animal control facility				C			P	P		C
Public agency training facility		C56	C56	C56		C56	C57			C57
Nonhydroelectric generation facility	C	C	C	C			C	C		C
Energy resource recovery facility							C
Soil recycling/incineration facility							C	C
Solid waste recycling								C		C
Transfer station							C	C		C
Wastewater treatment facility							C	C		C
Transit bus base				C			P			C
Transit park and pool lot	P	P	P	P	P	P	P	P		P
Transit park and ride lot	P	P	P	P	P	P	P	P		C
School bus base	C	C	C	C			P			C58
Racetrack	C59	C59	C59	C			P
Fairground							P	P		C
Zoo/wildlife exhibit		C	C	C						C
Stadium/arena				C			C	P		C
College/university	C	P	P	P	P	P	P	P		C
Secure community transition facility								C60
Opiate substitution treatment program facilities		P61, 62	P61, 62	P61, 62	P61, 62		P62	P62

(Ord. 3260 § 7 (Exh. G), 2023; Ord. 3243 § 5 (Exh. B), 2022; Ord. 3205 § 5, 2022; Ord. 3196 § 3 (Exh. A), 2021; Ord. 3193 § 14, 2021; Ord. 3180 § 2 (Exh. A), 2021; Ord. 3164 § 6, 2020; Ord. 3159 § 3, 2020; Ord. 3137 § 3 (Exh. B), 2019; Ord. 3086 § 1, 2018; Ord. 3085 § 3, 2018; Ord. 3071 § 4, 2017; Ord. 3057 § 6, 2017; Ord. 3054 § 12, 2017; Ord. 3022 § 9, 2016; Ord. 2985 § 5, 2015; Ord. 2981 § 1, 2015; Ord. 2980 § 1, 2015; Ord. 2959 § 7, 2014; Ord. 2932 § 3, 2013; Ord. 2898 § 9, 2012; Ord. 2852 § 10 (Exh. A), 2011).

22C.020.070 Permitted uses – Development conditions.

(1) Bed and breakfast guesthouses and inns are subject to the requirements and standards contained in Chapter 22C.210 MMC, Bed and Breakfasts.

(2) Home occupations are subject to the requirements and standards contained in Chapter 22C.190 MMC, Home Occupations.

(3) Limited to one dwelling unit for the purposes of providing on-site service and security of a commercial or industrial business. Caretaker’s quarters are subject to the provisions set forth in Chapter 22C.110 MMC, entitled “Temporary Uses.”

(4) All units must be located above a street-level commercial use; provided, that in the community business (CB) zone within Lakewood neighborhood planning area 11, a horizontal mixed use project may be proposed through a development agreement approved by city council.

(5) Twenty percent of the units, but no more than two total units, may be located on the street level of a commercial use, if conditional use permit approval is obtained and the units are designed exclusively for ADA accessibility. The street-level units shall be designed so that the units are not located on the street front and primary access is towards the rear of the building.

(6) Reserved.

(7) Manufactured homes, mobile homes, recreational vehicles, and tiny houses with wheels are only allowed in existing mobile/manufactured home parks.

(8) Home occupations are limited to home office uses in multifamily dwellings. No signage is permitted in townhouse or multifamily dwellings.

(9) Permitted in a legal nonconforming or conforming residential structure.

(10) Subject to Chapter 22C.220 MMC, Master Planned Senior Communities.

(11) The following conditions and limitations shall apply, where appropriate:

(a) Parks are permitted in residential and mixed use zones when reviewed as part of a subdivision or multiple-family development proposal; otherwise, a conditional use permit is required;

(b) Lighting for structures and fields shall be directed away from residential areas; and

(c) Structures or service yards shall maintain a minimum distance of 50 feet from property lines adjoining residential zones.

(12) Reserved.

(13) Golf Facility.

(a) Structures, driving ranges and lighted areas shall maintain a minimum distance of 50 feet from property lines adjoining residential zones.

(b) Restaurants are permitted as an accessory use to a golf course.

(14) Shooting Range.

(a) Structures and ranges shall maintain a minimum distance of 50 feet from property lines adjoining residential zones;

(b) Ranges shall be designed to prevent stray or ricocheting projectiles or pellets from leaving the property; and

(c) Site plans shall include safety features of the range; provisions for reducing noise produced on the firing line; and elevations of the range showing target area, backdrops or butts.

(15) Only in an enclosed building.

(16) Dock and Boathouse, Private, Noncommercial.

(a) The height of any covered overwater structure shall not exceed 20 feet as measured from the line of ordinary high water;

(b) The total roof area of covered, overwater structures shall not exceed 1,000 square feet;

(c) The entirety of such structures shall have not greater than 50 percent of the width of the lot at the natural shoreline upon which it is located;

(d) No overwater structure shall extend beyond the average length of all preexisting over-water structures along the same shoreline and within 300 feet of the parcel on which proposed. Where no such preexisting structures exist within 300 feet, the pier length shall not exceed 50 feet;

(e) Structures permitted hereunder shall not be used as a dwelling; and

(f) Covered structures are subject to a minimum setback of five feet from any side lot line or extension thereof. No setback from adjacent properties is required for any uncovered structure, and no setback from water is required for any structure permitted hereunder.

(17) Boat Launch, Noncommercial or Private.

(a) The city may regulate, among other factors, required launching depth, and length of docks and piers;

(b) Safety buoys shall be installed and maintained separating boating activities from other water-oriented recreation and uses where this is reasonably required for public safety, welfare and health; and

(c) All site improvements for boat launch facilities shall comply with all other requirements of the zone in which they are located.

(18) Excluding racetrack operation.

(19) Amusement and recreation services shall be a permitted use if they are located within an enclosed building, or a conditional use if located outside. In both instances they would be subject to the exclusion of a racetrack operation similar to other commercial zones.

(20) Structures shall maintain a minimum distance of 100 feet from property lines adjoining residential zones.

(21) Permitted as an accessory use; see MMC 22A.020.020, the definition of “Accessory use, commercial/industrial.”

(22) Only as an accessory to a gasoline service station; see retail and wholesale permitted use table in MMC 22C.020.060.

(23) All processing and storage of material shall be within enclosed buildings and excluding yard waste processing.

(24) Limited to columbariums accessory to a church; provided, that existing required landscaping and parking are not reduced.

(25) Drive-through service windows in excess of one lane are prohibited in Planning Area 1.

(26) Limited to columbariums accessory to a church; provided, that existing required landscaping and parking are not reduced.

(27) All instruction must be within an enclosed structure.

(28) Car washes shall be permitted as an accessory use to a gasoline service station.

(29) Public Safety Facilities, Including Police and Fire.

(a) All buildings and structures shall maintain a minimum distance of 20 feet from property lines adjoining residential zones;

(b) Any buildings from which fire-fighting equipment emerges onto a street shall maintain a distance of 35 feet from such street.

(30) Outdoor storage of materials or vehicles must be accessory to the primary building area and located to the rear of buildings. Outdoor storage is subject to an approved landscape plan that provides for effective screening of storage, so that it is not visible from public right-of-way or neighboring properties.

(31) Limited to self-service household moving truck or trailer rental accessory to a gasoline service station.

(32) All WCFs and modifications to WCFs are subject to Chapter 22C.250 MMC including but not limited to the siting hierarchy, MMC 22C.250.060. WCFs may be a permitted use or a CUP may be required subject to MMC 22C.250.040.

(33) Subject to the conditions and requirements listed in Chapter 22C.030 MMC.

(34) Reserved.

(35) A factory-built commercial building may be used for commercial purposes subject to the following requirements:

(a) A factory-built commercial building must be inspected at least two times at the factory by the State Building and Electrical Inspector during the construction process, and must receive a state approval stamp certifying that it meets all requirements of the International Building and Electrical Codes. At the building site, the city building official will conduct foundation, plumbing and final inspections; and

(b) A factory-built commercial building cannot be attached to a metal frame allowing it to be mobile. All structures must be placed on a permanent, poured-in-place foundation. The foundation shall be structurally engineered to meet the requirements set forth in Chapter 16 of the International Building Code.

(36) Mini-storage facilities are subject to the development standards outlined in Chapter 22C.170 MMC.

(37) Except heavy equipment.

(38) With outdoor storage and heavy equipment.

(39) Incidental assembly shall be permitted; provided, it is limited to less than 20 percent of the square footage of the site excluding parking.

(40) Light industrial uses may be permitted; provided, there is no outdoor storage of materials, products or vehicles.

(41) Excluding drinking places such as taverns and bars and adult entertainment facilities.

(42) Excluding vehicle and livestock auctions.

(43) If the total storage capacity exceeds 6,000 gallons, a conditional use permit is required.

(44) The retail sale of products manufactured on site shall be permitted; provided, that not more than 20 percent of the constructed floor area in any such development may be devoted to such retail use.

(45) Limited to 5,000 square feet or less.

(46) Eating and Drinking Places.

(a) Limited to 4,000 square feet or less.

(b) Drive-through service windows in excess of one lane are prohibited in Planning Area 1.

(47) Limited to hardware and garden supply stores.

(48) Limited to convenience retail, such as video, and personal and household items.

(49) Provided there is no outdoor storage and/or display of any materials, products or vehicles.

(50) Except slaughterhouses.

(51) Limited to photocopying and printing services offered to the general public.

(52) Limited to less than 10 employees.

(53) In conjunction with an eating and drinking establishment.

(54) Provided there is no outdoor storage and/or display of any materials, products or vehicles.

(55) May be further subject to the provisions of city of Marysville shoreline management program.

(56) Except weapons armories and outdoor shooting ranges.

(57) Except outdoor shooting ranges.

(58) Only in conjunction with an existing or proposed school.

(59) Except racing of motorized vehicles.

(60) Limited to land located along east side of 47th Avenue NE alignment, in the east half of the northeast quarter of Section 33, Township 30N, Range 5E, W.M., and in the northeast quarter of the southeast quarter of Section 33, Township 30N, Range 5E, W.M.

(61) Opiate substitution treatment program facilities permitted within commercial zones are subject to Chapter 22G.070 MMC, Siting Process for Essential Public Facilities.

(62) Opiate substitution treatment program facilities, as defined in MMC 22A.020.160, are subject to the standards set forth below:

(a) Shall not be established within 300 feet of an existing school, public playground, public park, residential housing area, child care facility, or actual place of regular worship established prior to the proposed treatment facility.

(b) Hours of operation shall be restricted to no earlier than 6:00 a.m. and no later than 7:00 p.m. daily.

(c) The owners and operators of the facility shall be required to take positive ongoing measures to preclude loitering in the vicinity of the facility.

(63) Permitted uses include Whiskey Ridge zones.

(64) Level 1 and Level 2 charging only.

(65) The term “rapid” is used interchangeably with Level 3 and fast charging.

(66) Rapid (Level 3) charging stations are required to comply with the design and landscaping standards outlined in MMC 22C.020.265.

(67) Rapid (Level 3) charging stations are required to be placed within a parking garage.

(68) Excepting “marijuana (cannabis) dispensaries,” “marijuana (cannabis) collective gardens,” and “marijuana cooperatives” as those terms are defined or described in this code and/or under state law; such facilities and/or uses are prohibited in all zoning districts of the city of Marysville.

(69) No person or entity may produce, grow, manufacture, process, accept donations for, give away, or sell marijuana concentrates, marijuana-infused products, or usable marijuana within commercial, industrial, recreation, and public institution zones in the city. Provided, activities in strict compliance with RCW 69.51A.210 and 69.51A.260 are not a violation of the Marysville Municipal Code.

(70) Permitted within existing legal nonconforming single-family residences.

(71) Subject to the requirements set forth in MMC 10.04.460.

(72) Pet daycares are restricted to indoor facilities with limited, supervised access to an outdoor fenced yard. Overnight boarding may be permitted as a limited, incidental use. Both outdoor access and overnight boarding privileges may be revoked or modified if the facility is not able to comply with the noise standards set forth in WAC 173-60-040.

(73) Shipping/cargo and similar storage containers may be installed on commercial or industrial properties provided they are screened from public view pursuant to MMC 22C.120.160, Screening and impact abatement.

(74) Tanks, generators, and other machinery which does not generate nuisance noise may be located in the service/loading area. Truck service/loading areas shall not face the public street and shall be screened from the public street.

(75) Hotels/motels are prohibited within Arlington Airport Inner Safety Zones (ISZ) 2, 3, and 4. Hotels/motels that are proposed to locate within Arlington Airport Protection Subdistricts B and C shall be required to coordinate with the Arlington Municipal Airport to ensure that height, glare, and other aspects of the hotels/motels are compatible with air traffic and airport operations.

(76) Use limited to properties that have property frontage along State Avenue/Smokey Point Boulevard.

(77) Enhanced services facilities (ESFs) are permitted when the building is located within the area depicted in MMC 22C.280.050, Figure 1. In the GC and CB zones, ESFs shall be located in a building in which the ESF is located above a permitted ground floor commercial use. See Chapter 22C.280 MMC for enhanced services facility regulations.

(78) Mini-storage facilities may be allowed in the CB and GC zones as a conditional use on property located east of Interstate 5, north of 100th Street, and west of 47th Avenue NE, subject to the following conditions:

(a) The property does not have direct frontage on an arterial street.

(b) Vehicular access to the property is limited by physical constraints, such as railroad tracks, proximity to congested public street intersections where turning movements are restricted, or other physical barriers that limit convenient vehicular access for higher-traffic-generating uses such as retail or office.

(c) Buildings shall be located a minimum of 150 feet from the nearest arterial street or interstate highway right-of-way.

(79) An operations plan, to mitigate potential impacts on the surrounding community, must be provided by the sponsor and/or property owner at the time of application. The operations plan must address the following elements to the satisfaction of the city:

(a) Name and contact information for key staff;

(b) Roles and responsibilities of key staff;

(d) Site/facility maintenance;

(e) Occupancy policies, including resident responsibilities and a code of conduct that address, at a minimum, the use or sale of alcohol and illegal drugs, threatening or unsafe behavior, and weapon possession;

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

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

(h) Procedures for maintaining accurate and complete records; and

(i) Additional information as requested by the community development director to ensure current best practices for permanent supportive housing and transitional housing facilities are used.

(80) All facilities are subject to the regulations set forth in Chapter 22C.290 MMC, Emergency Housing and Shelters. Facilities with 30 or more residents require a conditional use permit.

(81) Permitted uses for properties zoned light industrial with a general commercial overlay include uses allowed in the light industrial and general commercial zones. (Ord. 3263 § 2 (Exh. B), 2023; Ord. 3260 § 8 (Exh. H), 2023; Ord. 3243 § 6 (Exh. C), 2022; Ord. 3205 § 6, 2022; Ord. 3196 § 3 (Exh. A), 2021; Ord. 3193 § 15, 2021; Ord. 3180 § 2 (Exh. A), 2021; Ord. 3164 § 7, 2020; Ord. 3159 § 4, 2020; Ord. 3137 § 3 (Exh. B), 2019; Ord. 3086 § 2, 2018; Ord. 3054 § 13, 2017; Ord. 3022 § 10, 2016; Ord. 2985 § 6, 2015; Ord. 2981 § 2, 2015; Ord. 2979 § 4, 2014; Ord. 2959 § 8, 2014; Ord. 2932 § 4, 2013; Ord. 2898 § 10, 2012; Ord. 2852 § 10 (Exh. A), 2011).

22C.020.075 Adaptive reuse of buildings in nonresidential zones.

(1) Purpose. The purpose of this section is to allow existing buildings located in nonresidential zones to be considered for uses that are not otherwise permitted, but which, if properly designed and managed, would not create negative impacts on surrounding properties or the area in general. Existing buildings that, due to their location or configuration are not readily usable for permitted uses, as determined by the director, may be considered using the process described herein. This process differs from the unlisted use process listed in MMC 22A.010.070 in that uses that are not specifically authorized in the zone may be considered using the process described herein.

(2) Review Process.

(a) An applicant shall submit a request for modification, providing such information as is required by the director, including application fees.

(b) Notice of the proposed modification shall be provided to contiguous property owners.

(3) Review Criteria. The following criteria shall be used as the basis for approving, denying, or conditionally approving a request to allow the use of existing building space for a use not otherwise permitted in the zone.

(a) Traffic generated by the proposed use.

(b) Impacts from odor, noise, vibration, dust or other nuisances.

(d) Public safety impacts.

(e) Compliance with building and fire codes.

(f) Hours of the day of proposed use or activity.

(g) Proposed management and operational procedures to minimize and mitigate potential impacts.

(h) Other factors not specified herein that would create a conflict with the uses that are permitted in the zone.

(4) Actions Authorized.

(a) Approval. The city may approve a proposal that is found to be compatible with surrounding land uses.

(b) Denial. Any proposal that would adversely affect properties in the immediate vicinity or give the outward appearance of a use or activity that is incompatible with the intent and purpose of the zone in which it is located shall be denied.

(c) Revocation. The city shall retain the right to revoke an approval issued under this section for a use that fails to comply with any conditions of said approval, or which operates in a manner inconsistent with representations made in the application. (Ord. 3207 § 6, 2022).

22C.020.080 Densities and dimensions.

(1) Interpretation of Tables.

(a) Subsection (2) of this section contains general density and dimension standards for the various zones and limitations specific to a particular zone(s). Additional rules and exceptions, and methodology, are set forth in MMC 22C.020.090.

(b) The density and dimension table is arranged in a matrix format and is delineated into the commercial, industrial, recreation and public institutional use categories.

(c) Development standards are listed down the left side of the table, and the zones are listed at the top. The matrix cells contain the minimum dimensional requirements of the zone. The parenthetical numbers in the matrix identify specific requirements applicable either to a specific use or zone. If more than one standard appears in a cell, each standard will be subject to any applicable parenthetical footnote set forth in MMC 22C.020.090.

(2) General Densities and Dimension Standards.

Standards	NB	CB	GC	DTC	MU (12)	LI	GI	REC	P/I	WR-MU (15)	WR-CB (15)
Base density: Dwelling unit/acre	None (18)	12	12	12	28 (1)	0	0	0	0	12	0
Maximum density: Dwelling unit/acre	None (18)	27 (13)	None (13)	None	28	0	0	0	0	18 (13)	0
Minimum street setback (3)	20 feet	None (7)	None (7)	None (7)	None (7, 8)	None (7)	None (7)	20 feet	None (7, 8)	None (7, 8, 14)	None (7, 14)
Minimum interior setback	10 feet (side) 20 feet (rear)	None (4)	None (4)	None (4)	None (9)	None (4) 50 feet (5)	None (4) 50 feet (5)	None (4)	None (4)	5 feet (9, 16, 17)	None (4)
Base height (6)	25 feet	55 feet	35 feet	55 feet	45 feet	65 feet	65 feet	35 feet	45 feet	45 feet	55 feet
Maximum impervious surface: Percentage	75%	85%	85%	85%	85%, 75% (11)	85%	85%	35%	75%	85%, 75% (11)	85%

(Ord. 3263 § 3 (Exh. C), 2023; Ord. 3260 § 9 (Exh. I), 2023; Ord. 3235 § 2 (Exh. A), 2022; Ord. 3216 § 2 (Exh. A), 2022; Ord. 3193 § 16, 2021; Ord. 3159 § 5, 2020; Ord. 3107 § 3, 2018; Ord. 2852 § 10 (Exh. A), 2011).

22C.020.090 Densities and dimensions – Development conditions.

(1) These densities are allowed only through the application of mixed use development standards.

(2) Reserved.

(3) Gas station pump islands shall be placed no closer than 25 feet to street front lines. Pump island canopies shall be placed no closer than 15 feet to street front lines.

(4) A 25-foot setback is required on property lines adjoining residentially designated property.

(5) A 50-foot setback only required on property lines adjoining residentially designated property for industrial uses established by conditional use permits, otherwise no specific interior setback requirement.

(6) Height limits may be increased when portions of the structure or building which exceed the base height limit provide one additional foot of street and interior setback beyond the required setback for each foot above the base height limit.

(7) Subject to sight distance review at driveways and street intersections.

(8) A 20-foot setback is required for multiple-family structures.

(9) A 15-foot setback is required for (a) commercial or multiple-family structures on property lines adjoining single-family residentially designated property, and (b) a rear yard of a multistory residential structure, otherwise no specific interior setback requirement. Interior setbacks may be reduced where features such as critical area(s) and buffer(s), public/private right-of-way or access easements, or other conditions provide a comparable setback or separation from adjoining uses.

(10) Reserved.

(11) The 85 percent impervious surface percentage applies to commercial developments, and the 75 percent rate applies to multiple-family developments.

(12) Reduced building setbacks and height requirements may be approved on a case-by-case basis to provide flexibility for innovative development plans; provided, that variance requests which are greater than 10 percent of the required setback shall be considered by the hearing examiner.

(13) Subject to the application of the residential density incentive requirements of Chapter 22C.090 MMC.

(14) Required landscaping setbacks for developments on the north side of Soper Hill Road are 25 feet from the edge of sidewalk.

(15) Projects with split zoning (two or more distinct land use zones) may propose a site plan to density average or adjust the zone boundaries using topography, access, critical areas, or other site characteristics in order to provide a more effective transition.

(16) Townhome setbacks are reduced to zero on an interior side yard setback where the units have a common wall for zero lot line developments.

(17) Townhome setbacks are reduced to five feet on side yard setbacks, provided the buildings meet a 10-foot separation between structures.

(18) There is no minimum or maximum density for this zone. Residential units are permitted if located above a ground-level commercial use. (Ord. 3193 § 17, 2021; Ord. 3159 § 6, 2020; Ord. 3107 § 4, 2018; Ord. 2852 § 10 (Exh. A), 2011).

22C.020.100 Measurement methods.

The following provisions shall be used to determine compliance with this title:

(1) Street setbacks shall be measured from the existing edge of a street right-of-way or temporary turnaround or, in the case of a substandard street, the setbacks shall be measured from the edge of the ultimate right-of-way section planned for the street, except as provided by MMC 22C.020.180;

(2) Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation, five-foot (or less) wide pedestrian walkways or surface water retention/detention facilities. (Ord. 2852 § 10 (Exh. A), 2011).

22C.020.110 Calculations – Allowable dwelling units.

Permitted number of dwelling units shall be determined as follows:

(1) The maximum allowed number of dwelling units shall be computed by multiplying the gross project area (in acres) by the applicable density.

(2) When calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows:

(a) Fractions of 0.50 or above shall be rounded up, provided this will not exceed the base density by more than 10 percent; and

(b) Fractions below 0.50 shall be rounded down. (Ord. 2852 § 10 (Exh. A), 2011).

22C.020.120 Calculations – Site area used for density calculations.

All areas of a commercial site may be used in the calculation of allowed residential density. (Ord. 2852 § 10 (Exh. A), 2011).

22C.020.130 Lot area – Prohibited reduction.

Any portion of a lot that was required to calculate and ensure compliance with the standards and regulations of this title shall not be subsequently subdivided or segregated from such lot. (Ord. 2852 § 10 (Exh. A), 2011).

22C.020.140 Setbacks – Specific building or use.

When a building or use is required to maintain a specific setback from a property line or other building, such setback shall apply only to the specified building or use. (Ord. 2852 § 10 (Exh. A), 2011).

22C.020.150 Setbacks – Modifications.

The following setback modifications are permitted:

(1) When the common property line of two lots is covered by a building(s), the setbacks required by this chapter shall not apply along the common property line.

(2) When a lot is located between lots having nonconforming street setbacks, the required street setback for such lot may be the average of the two nonconforming setbacks or 60 percent of the required street setback, whichever results in the greater street setback.

(3) When a base station or WCF equipment is proposed for placement on private property abutting ROW, the setback may be administratively reduced, provided the application demonstrates good cause for such reduction and adequate area for screening and landscaping is provided. (Ord. 2852 § 10 (Exh. A), 2011).

22C.020.160 Setbacks – From regional utility corridors.

(1) In commercial and industrial development, easements shall be used to delineate regional utility corridors.

(2) All buildings and structures shall maintain a minimum distance of five feet from property or easement lines delineating the boundary of regional utility corridors, except for utility structures necessary to the operation of the utility corridor. (Ord. 2852 § 10 (Exh. A), 2011).

22C.020.170 Setbacks – From alleys.

(1) Structures may be built to five feet of the property line abutting an alley, except as provided in subsection (2) of this section.

(2) Vehicle access points from garages, carports or fenced parking areas shall be set back a minimum of 10 feet from the lot line abutting an alley, except where the access point faces an alley with a right-of-way width of 10 feet, in which case the garage, carport, or fenced parking area shall not be located within 20 feet from the rear lot line. No portion of the garage or the door in motion may cross the property line. (Ord. 2852 § 10 (Exh. A), 2011).

22C.020.180 Setbacks – Adjoining half-street or designated arterial.

In addition to providing the standard street setback, a lot adjoining a half-street or designated arterial shall provide an additional width of street setback sufficient to accommodate construction of the planned half-street or arterial. (Ord. 2852 § 10 (Exh. A), 2011).

22C.020.190 Height – Exceptions to limits.

The following structures may be erected above the height limits of MMC 22C.020.080(2):

(1) Roof structures housing or screening elevators, stairways, tanks, ventilating fans or similar equipment required for building operation and maintenance; and

(2) Fire or parapet walls, skylights, chimneys, smokestacks, church steeples, flagpoles, and utility line towers and poles. (Ord. 3054 § 14, 2017; Ord. 2852 § 10 (Exh. A), 2011).

22C.020.200 Lot divided by zone boundary.

When a lot is divided by a zone boundary, the following rules shall apply:

(1) When a lot contains both residential and nonresidential zoning, the zone boundary between the zones shall be considered a lot line for determining permitted building height and required setbacks on the site;

(2) Uses on each portion of the lot shall only be those permitted in each zone pursuant to Chapter 22C.010 MMC and this chapter. (Ord. 2852 § 10 (Exh. A), 2011).

22C.020.210 Sight distance requirements.

Except for traffic control signs, the following sight distance provisions shall apply to all intersections and site access points:

(1) A sight distance triangle area per city standards shall contain no fence, berm, vegetation, on-site vehicle parking area, signs or other physical obstruction between 30 inches and eight feet above the existing street grade.

Note: The area of a sight distance triangle between 30 inches and eight feet above the existing street grade shall remain open.

(2) The community development director or city engineer may require modification or removal of structures or landscaping located in required street setbacks, if:

(a) Such improvements prevent adequate sight distance to drivers entering or leaving a driveway; and

(b) No reasonable driveway relocation alternative for an adjoining lot is feasible. (Ord. 2852 § 10 (Exh. A), 2011).

22C.020.220 Building setbacks – Dwellings above ground floor of commercial uses.

Dwelling units constructed above ground floor commercial uses shall not be required to comply with residential setback requirements; provided, that such dwelling units shall be constructed in compliance with commercial and residential standards of the fire code and the building code. (Ord. 2852 § 10 (Exh. A), 2011).

22C.020.230 Commercial, industrial, recreation and public institutional zones – Purpose.

This section through MMC 22C.020.390 apply to new commercial, industrial, and mixed use development as noted herein. The purpose of this section is to:

(1) Encourage the realization and creation of a desirable and aesthetic environment in the city of Marysville;

(2) Encourage and promote development which features amenities and excellence in site planning, streetscape, building design and contribution to community charm;

(3) Encourage creative approaches to the use of land and related physical developments;

(4) Minimize incompatible and unsightly surroundings and visual blight which prevent orderly community development;

(5) Allow a mixture of complementary land uses that may include housing, retail, offices, and commercial services, to create economic and social vitality and to encourage the linking of vehicle trips;

(6) Develop commercial and mixed use areas that are safe, comfortable and attractive to pedestrians;

(7) Reinforce streets as public places that encourage pedestrian and bicycle travel;

(8) Reduce opportunities for crimes against persons and property;

(9) Minimize land use conflicts and adverse impacts;

(10) Provide roadway and pedestrian connections between residential and commercial areas;

(11) Provide public places and open space networks to create gateways, gathering places, and recreational opportunities that enhance the natural and built environment;

(12) Minimize the rate of crime associated with persons and property and provide for the highest standards of public safety through the implementation of crime prevention through environmental design (CPTED) principles in design review. (Ord. 3244 § 1 (Exh. A), 2022; Ord. 2852 § 10 (Exh. A), 2011).

22C.020.240 Commercial, industrial, recreation and public institutional zones design requirements – Applicability and interpretations.

(1) The intent of these design standards is to:

(a) Provide building design that has a high level of design quality and creates comfortable human environments;

(b) Incorporate design treatments that add interest and reduce the scale of buildings;

(d) Encourage functional, durable, and environmentally responsible buildings.

(2) Applicability.

(a) The design standards in MMC 22C.020.245 apply to light industrial (LI) zoned properties as generally described below, and as depicted in Maps 1 and 2:

(i) Within the Smokey Point master plan area;

(ii) With a general commercial (GC) overlay;

(iii) Located southwest of the intersection of 88th Street NE and State Avenue; and

(iv) Abutting State Avenue/Smokey Point Boulevard, 128th Street NE, 136th Street NE, and 152nd Street NE; provided, that design standards shall only apply to buildings located within 150 feet of these public streets for properties not subject to subsections (2)(a)(i) through (2)(a)(iii) of this section.

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Map 1

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Map 2

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(b) The design standards in MMC 22C.020.250 apply to all new development within the following zones: general commercial (GC), community business (CB), downtown commercial (DTC), neighborhood business (NB), and mixed use (MU); provided, that development that is exclusively multi-family shall be subject to the design standards set forth in MMC 22C.010.290.

(i) Construction activities which do not require a building permit;

(ii) Interior remodels of existing structures;

(iii) Modifications or additions to existing commercial, industrial, office and public properties when the modification or addition:

(A) Constitutes less than 10 percent of the existing horizontal square footage of the use or structure; and

(B) Constitutes less than 10 percent of the existing building’s exterior facade.

(3) Interpreting and Applying the Design Standards.

(a) These standards capture the community visions and values as reflected in the comprehensive plan’s neighborhood planning areas. The city’s community development director (hereinafter referred to as “director”) retains full authority to determine whether a proposal meets these standards. The director is authorized to promulgate guidelines, graphic representations, and examples of designs and methods of construction that do or do not satisfy the intent of these standards.

(b) Many of these site and building design standards call for a building or site to feature one or more elements from a menu of items. In these cases, a single element, feature, or detail may satisfy multiple objectives. For example, a specially designed or fabricated covered entry with attractive detailing might be counted toward requirements for human scale, building corners, and building details.

(c) Within these standards, certain words are used to indicate the relative importance and priority the city places upon a particular standard.

(i) The words “shall,” “must,” and “is/are required” mean that the development proposal must comply with the standard unless the director finds that:

(A) The standard is not applicable in the particular instance; or

(B) The development proposal meets the intent of the standards in some other manner.

(ii) The word “should” means that the development proposal will comply with the standard unless the director finds that:

(A) The standard is not applicable in the particular instance;

(B) The development proposal meets the intent of the standards in some other manner; or

(iii) The words “is/are encouraged,” “can,” “consider,” “help,” and “allow” mean that the action or characteristic is allowed and will usually be viewed as a positive element in the city’s review.

(d) The project proponent may submit proposals that he/she feels meet the intent of the standards but not necessarily the specifics of one or more standards. In this case, the director will determine if the intent of the standard has been met. (Ord. 3293 § 1 (Exh. A), 2023; Ord. 3260 § 11 (Exh. K), 2023; Ord. 3244 § 2 (Exh. B), 2022; Ord. 3193 § 18, 2021; Ord. 2927 § 9, 2013; Ord. 2852 § 10 (Exh. A), 2011).

22C.020.245 Industrial site and building design standards.

(1) Applicability.

(a) Prior to submitting a building permit application, all development to which these standards apply shall be required to submit a site plan and elevations addressing the standards in this section for administrative review and approval by the community development director.

(b) The site and building design standards of this section apply to development of the light industrial (LI) zoned properties as generally described and depicted in MMC 22C.020.240(2).

(c) The crime prevention through environmental design (CPTED) provisions of this section apply to all new commercial developments of over 12,000 square feet in building area.

(2) Site Layout and Building Orientation.

(a) The site shall be planned to create an attractive and functional street edge that accommodates pedestrian access. Examples of ways that a development meets the requirements of this provision are to:

(i) Define the street edge with buildings, landscaping or other features.

(ii) Provide for building entrances that are visible from the street and primary parking area.

(iii) Provide for a sidewalk at least five feet wide if there is not space in the public right-of-way.

(iv) Provide building entries that are accessed from the sidewalk; preferably these access ways should be separated from the parking and drive aisles. If access traverses the parking lot, then it should be raised and clearly marked.

(b) The front building facade shall be oriented towards at least one street. For sites that front multiple streets, buildings are encouraged to orient towards both streets; provided, that priority shall be given to streets that are more visible and/or provide a better opportunity for increased pedestrian activity as determined by the director.

(c) Passenger vehicle parking should be located in front of the building near the entrance. Commercial vehicle parking should be located behind or to the side of buildings. Passenger and commercial vehicle accesses should be separated where allowed by the city’s engineering design and development standards.

(d) Service areas shall be located behind buildings, and screened in accordance with MMC 22C.120.160, Screening and impact abatement. Service courts are encouraged when the development includes multiple buildings, or as common facilities between sites when access is shared.

(e) Large sites (over two acres) shall provide amenities for employees and visitors such as benches, weather protected seating areas, covered walkways, or other features that are integrated into the site design. On-site open space is encouraged to be provided. The number and type of amenities shall be approved by the director based on site acreage, layout, and end users.

(3) Relationship of Buildings and Site to Adjoining Area.

(a) Where adjacent buildings and neighborhoods are consistent with the comprehensive plan and desired community character, new buildings and structures should consider the visual continuity between the proposed and existing development with respect to building setbacks, placement of structures, location of pedestrian/vehicular facilities and spacing from adjoining buildings. Solar access of the subject and adjacent properties should be considered in building design and location.

(b) Harmony in texture, lines and masses is encouraged.

(d) Public and quasi-public buildings and structures shall be consistent with the established neighborhood character.

(4) Landscape and Site Treatment.

(a) Parking lot screening and interior landscaping shall be provided consistent with Chapter 22C.120 MMC. The following criteria shall guide review of plans and administration of the landscaping standards in the zoning code:

(i) The landscape plan shall demonstrate visual relief from large expanses of parking areas.

(ii) The landscape plan shall provide some physical separation between vehicular and pedestrian traffic.

(iii) The landscape plan shall provide decorative landscaping as a focal setting for signs, special site elements, and/or pedestrian areas.

(iv) In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards or other devices.

(v) Where building sites limit planting, the placement of trees or shrubs in parkways or paved areas is encouraged.

(vi) Screening of outdoor service yards and other places which tend to be unsightly shall be accomplished by use of walls, fencing, planting, berms or combinations of these.

(vii) Landscaping should be designed to create definition between public and private spaces.

(viii) Where feasible, the landscape plan shall coordinate the selection of plant material to provide a succession of blooms, seasonal color, and a variety of textures.

(ix) The landscape plan shall provide a transition in landscaping design between adjacent sites, within a site, and from native vegetation areas in order to achieve greater continuity.

(x) The landscape plan shall use plantings to highlight significant site features and to define the function of the site, including parking, circulation, entries, and open spaces.

(xi) Where feasible, the landscape plan shall integrate natural approaches to storm water management, including featured low impact development techniques.

(b) Street Landscaping. Where the site plan includes streetscape plantings, the following guidelines apply:

(i) Sidewalks and pathways should be separated from the roadway by planting strips with street trees wherever possible.

(ii) Planting strips should generally be at least five feet in width. They should include evergreen shrubs no more than four feet in height and/or ground cover in accordance with the city of Marysville landscape standards (Chapter 22C.120 MMC) and Marysville administrative landscaping guidelines.

(iii) Street trees placed in tree grates may be more desirable than planting strips in key pedestrian areas.

(iv) Use of trees and other plantings with special qualities (e.g., spring flowers and/or good fall color) are strongly encouraged to unify development.

(c) Exterior lighting shall be part of the architectural concept. Lighting shall enhance the building design and adjoining landscaping. Appropriate lighting levels shall be provided in all areas used by pedestrians or automobiles, including building entries, walkways, parking areas, circulation areas, and other open space areas, in order to ensure safety and security, and provide a distinctive character to the area. New developments shall provide a lighting site plan which identifies lighting equipment, locations and standards, and implements the following design standards:

(i) All public areas shall be lighted with average minimum and maximum levels as follows:

(A) Minimum (for low or nonpedestrian and vehicular traffic areas) of one-half foot candle;

(B) Moderate (for moderate or high volume pedestrian areas) of one to two foot candles; and

(ii) 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.

(iii) Parking lot lighting shall be subject to the provisions set forth in MMC 22C.130.050(3)(d).

(iv) Pedestrian-scale lighting (light fixtures no taller than 15 feet) is encouraged in areas with high anticipated pedestrian activity. All fixtures over 15 feet in height shall be fitted with a full cut-off shield, be dark sky rated, and mounted no more than 25 feet above the ground with lower fixtures preferable so as to maintain a human scale. Lighting shall enable pedestrians to identify a face 45 feet away in order to promote safety.

(v) Light levels at the property line should not exceed 0.1 foot candle (fc) adjacent to business properties, and 0.05 foot candle adjacent to residential properties.

All building lights shall be directed onto the building itself and/or the ground immediately adjacent to it. The light emissions should not be visible above the roofline of the building. Light fixtures other than traditional cobra heads are encouraged.

(vi) Uplighting on trees and provisions for seasonal lighting are encouraged.

(vii) Accent lighting on architectural and landscape features is encouraged to add interest and focal points.

(5) Site Design Utilizing Crime Prevention Through Environmental Design (CPTED) Principles. Development that is subject to this section shall incorporate the following CPTED strategies into building design and site layout:

(a) Access Control. Guidance of people coming and going from a building or site by placement of real and perceived barriers. Provision of natural access control limits access and increases natural surveillance to restrict criminal intrusion, especially into areas that are not readily observable.

(b) Surveillance. Placement of features, uses, activities, and people to maximize visibility. Provision of natural surveillance helps to create environments where there is plenty of opportunity for people engaged in their normal behavior to observe the space around them.

(c) Territoriality/Ownership. Delineation of private space from semi-public and public spaces that creates a sense of ownership. Techniques that reduce the perception of areas as “ownerless” and, therefore, available for undesirable uses. Examples of ways in which a proposal can comply with CPTED principles are outlined in the CPTED Guidelines for Project Design and Review, prepared by the city.

(6) Building Design – Architectural Scale. The architectural scale standards are intended to encourage compatibility of structures with adjacent properties, to help the building fit in with its context, and to add visual interest to buildings.

(a) Facade Modulation. All new buildings shall provide modulation (measured and proportioned inflexion or setback in a building’s facade) on facades facing a public street, trail, parking lot, park, or within 100 feet of and visible from a residential use in a residential zone as follows:

(i) Walls over 150 feet long must break up the length of the facade by providing vertical modulation at least eight feet deep and 20 feet long at appropriate intervals (on multistory buildings, the modulation must extend through at least half of the building floors).

(ii) The minimum modulation depth detailed in subsection (6)(a)(i) of this section may be reduced to two feet if tied to a change in color or building materials, and/or roofline modulation.

(iii) The director may consider departures from these standards, provided the proposed treatment meets or exceeds the intent of these standards.

(b) Facade Articulation. All new buildings shall provide facade articulation on facades facing a public street, trail, parking lot, park, or within 100 feet of and visible from a residential use in a residential zone as follows:

(i) Articulation of the building’s base, middle, and top.

(A) The “base” shall be distinct at ground level through the use of articulation, or building materials that suggest stability and strength, such as stone, masonry, or concrete.

(B) The “middle” of the building shall be distinguished through a change in material or color, windows, or other architectural features.

(C) The “top” of the building shall emphasize a distinct profile or outline with elements such as a project parapet, cornice, variation in roofline, or other technique.

(ii) At least two of the following articulation features must be provided for every 60 feet of facade:

(A) Window fenestration.

(B) Weather protection.

(D) Change in building material or siding.

(E) Vertical piers/columns.

(F) Trellises/art/living wall.

(G) Strong vertical and horizontal reveals, off-sets, or other three dimensional details; or

(H) Other methods that meet the intent of these standards.

Exception: Alternative articulation methods will be considered by the director provided such treatment meets or exceeds the intent of the standards and guidelines. For example, use of high-quality building materials (such as brick or stone) with attractive detailing may allow a building to meet the intent of the standards using greater articulation intervals. Also, where the articulated features are more effective in breaking up the facade into smaller components, then a greater distance between articulation intervals may be acceptable.

(c) Where the view of buildings from trails, parks, or residential zones is obscured due to the provision of high quality landscape screening and fencing, or existing vegetation or structures, the director may waive compliance with this section for the impacted facades.

(7) Building Materials. The building materials standards are intended to encourage the use of a variety of high-quality, durable materials that will enhance the visual image of the city; provide visual interest and distinct design qualities; and promote compatibility and improvement within surrounding neighborhoods through effective architectural detailing and the use of traditional building techniques and materials. The following standards apply:

(a) Building exteriors shall be constructed from high-quality, durable materials. Exterior building materials shall not project or reflect natural or artificial lighting or glare into residential areas. Exterior building materials shall be factory finished, stained, integrally colored, or otherwise suitably treated. Materials may include:

(i) Split face or fluted concrete masonry units (CMU).

(ii) Factory glazed concrete masonry units (CMU).

(iii) Face brick.

(iv) Stone veneer.

(v) Insulated glazing and framing systems.

(vi) Architectural pre-cast concrete.

(vii) Painted or stained site-cast concrete.

(viii) Architectural concrete.

(ix) Factory finished, standing seam metal roofing (for pitched roofs only).

(x) Architectural metal. Metal siding must have visible corner molding and trim, and must be factory finished with a matte, nonreflective surface.

(xi) Alternative materials may be approved by the director; provided, that the design quality and permanence meet the intent of this section.

(b) Prohibited materials in visible locations unless an exception is granted by the director based on the integration of the material into the overall design of the structure:

(i) Highly tinted or mirrored glass (except stained glass) covering more than 10 percent of the exterior of any building, or located at the ground level along the street.

(ii) Corrugated fiberglass.

(iii) Prefabricated metal buildings with corrugated metal siding.

(iv) Plywood siding, including T-111 and similar siding. Board and batten is an exception.

(v) Materials which project or reflect natural or artificial glare onto public streets (e.g., highly reflective sheet metal, etc.).

(vi) Vinyl siding on the ground floor.

(vii) Any sheet materials, such as wood or metal siding, with exposed edges or unfinished edges, or made of nondurable materials as determined by the director.

(8) Blank Walls.

(a) The blank wall standards are intended to: reduce the visual impact of large, undifferentiated walls; reduce the apparent size of large walls through the use of various architectural and landscaping treatments; enhance the character and identity of the city; and ensure that visible sides of buildings provide visual interest. A wall (including building facades and other exterior building walls) is defined as a blank wall if a ground floor wall or portion of a ground floor wall over six feet in height has a horizontal length greater than 50 feet that does not have a significant building feature, such as a window, door, modulation, articulation, or other special wall treatment within that 50-foot section.

(b) All blank walls within 150 feet of and visible from a parking lot or drive aisle (excluding service area parking), public street, trail, park, or residential use in a residential zone shall be treated in one or more of the following measures:

(i) Incorporate windows or doors;

(ii) Install a vertical trellis in front of the wall with climbing vines or plant materials sufficient to obscure or screen at least 50 percent of the wall’s surface within three years; said landscaping shall be subject to a landscape maintenance security held for three years to ensure that the vines or plant materials successfully establish. For large blank wall areas, the trellis must be used in conjunction with other treatments described below;

(iii) Provide a landscaped planting bed at least five feet wide or a raised planter bed at least two feet high and three feet wide in front of the wall. Plant materials must be able to obscure or screen at least 50 percent of the wall’s surface within three years; said landscaping shall be subject to a landscape maintenance security held for three years to ensure that the landscape materials successfully establish;

(iv) Provide artwork (mosaic, mural, decorative masonry, metal patterns or grillwork, sculpture, relief or other art, etc.) over at least 50 percent of the blank wall surface. Artwork should be located in areas that have good visibility to the public, and artwork, particularly murals, are strongly encouraged to reflect the history and heritage of the city and state;

(v) Provide architectural features such as setbacks, indentations, overhangs, projections, articulated cornices, bays, reveals, canopies, or awnings;

(vi) Provide material variation, textural changes, brick or metal banding, or color changes;

(vii) Other method as approved by the director. For example, landscaping or other treatments may not be necessary on a wall that employs high-quality building materials (such as brick) and provides desirable visual interest.

(9) Building Entrances. The intent of the building entrances standards is to ensure that buildings are inviting and accessible, that entrances are easy to locate, and that pedestrian activity is encouraged.

(a) Distinctive Entrance Treatment. An architectural treatment that is distinctive and proportional to the facade must be provided by the primary building entrance. Distinctive entrance treatments may include, but are not limited to, a more prominent or higher roofline or parapet above the entrance, decorative columns or posts, or equivalent treatment as determined by the director.

(b) Weather Protection. Weather protection at least five feet deep and at least eight feet above ground level is required over the primary building entrances. Weather protection at least three feet deep and at least eight feet above ground level is required over the secondary entrances (applies only to entrances used by the public). Entrances may satisfy the weather protection requirements by being set back into the building facade.

(d) Visibility and Accessibility. Building entrances must be prominent and visible from the surrounding streets and must be connected by a walkway to the public sidewalk. Pedestrian pathways from public sidewalks to primary entrances or from parking lots to primary entrances shall be accessible, conforming to federal and state Americans with Disabilities Act requirements, and shall be clearly delineated.

(e) Transparency. Entries must feature glass doors, windows, or glazing (window area) in or near the door so that the visitor and occupant can view people opening the door from the other side. (Ord. 3293 § 2 (Exh. B), 2023; Ord. 3244 § 3 (Exh. C), 2022).

22C.020.250 Site and building design standards.

(1) Applicability.

(b) The site and building design standards of this section apply to institutional and commercial development.

(c) The crime prevention through environmental design (CPTED) provisions of this section apply to all new commercial developments of over 12,000 square feet in building area.

(2) Relationship and Orientation of Buildings to Site and Street Front.

(a) The site shall be planned to create an attractive street edge and accommodate pedestrian access. Examples of ways that a development meets the requirements of this provision are to:

(i) Define the street edge with buildings, landscaping or other features (see Figure 1).

(ii) Provide for building entrances that are visible from the street.

(iii) Provide for a sidewalk at least five feet wide if there is not space in the public right-of-way.

(b) The development shall provide site development features that are visible and pedestrian-accessible from the street. These features could include plazas, open space areas, employee lunch and recreational areas, architectural focal points, and access lighting.

(d) Commercial and mixed use buildings must be oriented towards at least one street. For sites that front multiple streets, commercial and mixed use buildings are encouraged to orient towards both streets; provided, that priority shall be given to streets that are more visible and/or provide a better opportunity for increased pedestrian activity.

(e) Commercial and mixed use building facades facing the street must have transparent windows or door covering at least 25 percent of the ground floor facade between four to eight feet above the level of the sidewalk. Departures will be considered by the director; provided, that the proposed building configuration and design enhances the pedestrian environment.

(f) No more than 50 percent of total project parking spaces may be located between the building’s facade and the primary public street (street from which primary access is obtained) unless it is not feasible due to parcel size, topography, environmental conditions, or other factors as determined by the director. Where the property fronts on more than one public street, this provision applies to only one street frontage.

(g) Parking lots may not be located on corner locations adjacent to public streets unless no feasible on-site alternative exists.

(h) For large commercial and mixed use sites (over two acres) that feature multiple buildings, developments shall configure buildings to create focal points for pedestrian activity on the site. However, no more than 50 percent of the street frontage may be occupied by vehicular access or parking. Exceptions: An increased percentage of parking or vehicular access along the street front may be allowed where the configuration allows the development to better meet the intent of these standards. For example, if the configuration allows for a centralized plaza surrounded by a concentration of retail uses, an increase in the percentage of parking along the street front would be allowed.

Figure 1 – Examples of buildings that provide a well-defined streetscape.