Chapter 15.415 Commercial Standards and Regulations

Chapter 15.415
Commercial Standards and Regulations

Sections:

15.415.005 Purpose

15.415.010 Authority and Application

15.415.100 Fueling/Service Stations

15.415.200 Sexually Oriented Business

15.415.300 Mobile Food Vending

15.415.400 Reentry Center Standards

15.415.005 Purpose

The purpose of this chapter is to delineate regulations that apply to the following commercial uses: fueling/service stations, sexually oriented businesses, mobile food vending and reentry centers. (Ord. 23-1003 § 7; Ord. 18-1009 § 7; Ord. 15-1018 § 1)

15.415.010 Authority and Application

The provisions of this chapter shall apply to all fueling/service stations, sexually oriented businesses, mobile food vending uses and reentry centers, regardless of where located. (Ord. 23-1003 § 8; Ord. 18-1009 § 8; Ord. 15-1018 § 1)

15.415.100 Fueling/Service Stations

A. The provisions of this section shall apply to all fueling/service stations, with or without associated convenience food marts.

B. Building Security and Site Layout.

1. All trash enclosures shall be within a clear line of sight and be visible from the cashier station, day or night.

2. All public phones shall be outgoing only, shall be visible from the cashier area and shall be located indoors. There shall be no outdoor locations for public phones.

3. Lighting shall meet the requirements of Chapter 17.36 SMC, Gasoline/Service Station and Convenience Store Lighting.

4. There shall be alarm systems on all outside doors and enunciators on interior doors/entrances.

5. There shall be adequate lighting that does not create shadows.

6. There shall be clear lines of sight from inside and outside the store.

C. Landscaping. A twenty (20) foot, Type I landscape strip shall be required for all property lines adjacent to or across a public right-of-way from residential uses.

D. Access. Access to fueling/service stations located on corner lots may be limited to “right-in, right-out only” if warranted by site conditions or traffic patterns based on the results of a traffic study. Site conditions or traffic patterns that may warrant right-in, right-out traffic movements include, but are not limited to:

1. Traffic volumes on adjacent rights-of-way that make left-hand turning movements a safety hazard; or

2. Left-hand turning movements from the station that interfere with the left-hand turning movements on adjacent public rights-of-way. (Ord. 15-1018 § 1)

15.415.200 Sexually Oriented Business

A. Purpose. The purpose of the sexually oriented business regulations is to establish a protection setback for sexually oriented business uses to minimize impacts to schools, public parks, public libraries, State-certified day care facilities, community/teen centers, churches and residential and lodging uses, and related uses.

B. Application. The provisions in this chapter shall apply to all sexually oriented and adult entertainment businesses.

C. Establishments Permitted. Sexually oriented business establishments shall be permitted by a major conditional use permit in commercial and industrial zones pursuant to the City of SeaTac Comprehensive Plan and zoning ordinances or any subsequent amendments by the City Council thereafter, as determined by the locational standards for sexually oriented business.

D. Locational Standards.

1. Any sexually oriented business which locates in the City shall, in addition to development standards and any other requirements, maintain a minimum distance of one thousand (1,000) feet from the following:

a. Property used for public and private schools;

b. Property used for public parks;

c. Property used for public libraries;

d. Property used for State-certified day care facilities;

e. Property used for community/teen centers;

f. Property used for churches, cemeteries or other religious facilities or institutions;

g. Property used for residential and lodging uses, and property zoned for residential uses;

h. Property used for other adult entertainment uses; and

i. Property used for organizations, associations, facilities and businesses which provide as a substantial portion of their activities, functions or business, the provision of services to children and/or youth, so that the premises of the organization, association, facility or business would have children and youth in attendance or at the location during a predominant portion of the operational hours of the organization, association, facility or business.

2. The distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or the zone classification boundary line from which the proposed land use is to be separated.

E. Development Standards. The development standards for sexually oriented businesses are the same as the applicable zoning regulations for the zoning district in which they are to be located, except as follows:

1. No electronic readerboards shall be allowed;

2. All parking areas shall be visible from the street fronting the entertainment, and access to the rear of the structure shall be for emergency vehicles only;

3. The parking areas shall be fully illuminated using street light standards; and

4. The exterior color of any building or structure, constructed after the effective date of this subsection, shall be of natural and earth tones. A single accent stripe of any color, no greater than one (1) foot in width, may be permitted, if approved by the Director.

The development standards in this section shall apply to all buildings, uses and property used for sexually oriented business/adult entertainment purposes.

F. Nonconforming Uses – Abatement.

1. Any sexually oriented business in existence as of the effective date of the ordinance codified in this chapter, which is in violation hereof, shall be deemed a nonconforming use. Such nonconforming uses shall not in any manner be enlarged, extended, altered or rebuilt except that such uses may be changed to comply with the provisions of this chapter.

2. Such uses that are deemed nonconforming pursuant to the terms of this section shall be permitted to continue for nine (9) years following the adoption of the ordinance codified in this chapter, unless such use is terminated for any reason whatsoever prior thereto for a period of thirty (30) days or more. Thereafter, such nonconforming use shall terminate or come into compliance with the terms of this chapter. It is provided, however, that, notwithstanding the term of the lease, upon the expiration of any lease for a nonconforming sexually oriented business use, the sexually oriented business use shall no longer be permitted to continue at the same location thereafter. It is further provided that after the effective date of the ordinance codified in this chapter, leases for nonconforming sexually oriented business uses shall not be extended or amended in any way that delays the expiration of the term of the lease.

G. Variance from Locational Requirements.

1. Whenever the proponents of a sexually oriented business subject to the locational requirements set forth in this chapter feel that the strict application of such requirements is not necessary to achieve an effective degree of physical separation between the sexually oriented business and noted uses in subsection (D)(1) of this section, the proponent(s) may apply to the Hearing Examiner for a variance from such requirements.

2. In determining when a variance should be granted, and if so, to what extent, the Hearing Examiner shall consider the following, in addition to the general criteria for a variance established in Chapter 15.115 SMC, Land Use Actions and Procedures:

a. Topographic and other features of the land which provide actual separation between the proposed business or other land use and surrounding land uses;

b. Pedestrian and vehicular circulation patterns in the vicinity of the proposed activity; and

c. Any other fact or circumstance which has a significant effect upon the need for the full separation distance required by this chapter.

3. If, after considering these criteria, the Hearing Examiner finds that an effective separation between the proposed adult entertainment use and the residential zone classification or other stated uses can be achieved without requiring the full distance of separation provided by this chapter, the Hearing Examiner shall determine the degree of variance to be allowed and shall grant such variance. Otherwise, the application for the variance shall be denied. (Ord. 15-1018 § 1)

15.415.300 Mobile Food Vending

A. Application. The provisions of this section shall apply to all mobile food vending businesses in all zones where such use is permitted.

B. Exemptions. These provisions do not apply to catered, private events or permitted concession sales.

C. Mobile Food Vending as Permitted Uses. Mobile food vending may be permitted as follows:

1. Mobile food vending may be permitted as a primary or accessory use in applicable zones.

2. Mobile food vending may be allowed within parks, plazas, or schools as part of a special event, approved pursuant to either a temporary use permit or by concession contract or special use permit pursuant to SMC 2.45.520.

3. Mobile food vending shall not be located within any public right-of-way unless approved through a right-of-way use permit pursuant to Chapter 11.10 SMC.

D. Standards for Mobile Food Vending.

1. Mobile food vendors shall obtain a City of SeaTac business license and conform to all King County – Seattle Health Department standards.

2. All mobile food vending operations shall be self-contained; provided, that outdoor seating may be provided.

3. Parking and Circulation.

a. Drive-up and/or drive-through facilities are prohibited.

b. All mobile vending shall be located on an approved surface and maintain adequate pedestrian and vehicular circulation through parking lots.

c. Mobile food vending as a primary use shall provide paved parking adequate to serve customers.

4. Signage. In addition to advertising on the mobile vending vehicle, secondary signage shall also be allowed pursuant to SMC 15.600.070. (Ord. 21-1008 § 15; Ord. 18-1009 § 9)

15.415.400 Reentry Center Standards

A. Purpose. The purpose of this section is to establish reasonable standards for the siting of a reentry center to minimize impacts and ensure neighborhood compatibility within the City of SeaTac, while protecting the public health, safety, welfare and peace of both facility residents and the broader community.

B. Applicability. This section is applicable to reentry centers and does not include regulations for Federal, State and/or local correction facilities, or other uses as regulated by SMC 15.115.040, Essential Public Facilities. Specific needs of each reentry center facility will be reviewed through the conditional use permit process in SMC 15.115.020.

C. Siting.

1. Buffer.

a. A reentry center shall not be located closer than one thousand seven hundred fifty (1,750) feet from the property of any elementary-middle school, high school, park, or community center (including teen centers and YMCA) within or outside of City limits.

b. For the purposes of this subsection (C)(1), distance shall be measured in a straight line from the closest property line upon which the proposed reentry center is to be located, to the closest property line from which the proposed reentry center is to be separated.

2. Dispersion.

a. A new or expanding reentry center shall not be located closer than one-half (1/2) mile from the closest property line of any other reentry center.

3. Siting Process Requirements.

a. Following identification of a site under consideration within the City of SeaTac, written notification of site selection shall be provided directly to the Community and Economic Development Director.

b. Prior to scheduling the mandatory preapplication meeting with the City, the applicant shall hold a minimum of one (1) public meeting within the City limits to inform the neighborhood and solicit public comment.

i. Public meeting(s) shall occur between the hours of 5:00 p.m. through 9:00 p.m. on weekdays, or anytime on a weekend.

ii. Public meeting(s) subject to this section shall occur within the corporate City limits of SeaTac.

iii. At least fourteen (14) days prior to the public meeting, written notification of the public meeting shall be provided to all parcels and associated addresses, including residents, owners, and tenants within a one-half (1/2) mile radius of the proposed site(s). The written notification shall also be published in the City’s officially designated newspaper and be provided to the Community and Economic Development Director.

iv. The applicant shall provide a public meeting agenda, which shall include, at a minimum, a description of the proposed project description, site location, time line, and proposed site and building layout. The neighborhood meeting should provide a time for verbal public comments from attendees and provide contact information for the applicant for written comments.

c. All public notifications shall include:

i. Date, time and location of the meeting;

ii. A description of the proposed project;

iii. A description of the site, including current zoning classification, site address/parcel number, and vicinity map reasonably sufficient to inform the reader of the general location;

iv. The name, address and telephone number of the applicant and/or agent;

v. A statement that persons may appear at the meeting and provide public comment and/or may provide written comment to the applicant and/or agent listed.

d. Copies of the mailing list, agenda, attendance sign-in sheet, minutes, written comments received, presentation materials, handouts and documents shall be included in the mandatory preapplication meeting submittal.

e. In addition to compliance with local siting and development requirements, the Department of Corrections (“DOC”), its agents, or any private or public entity under contract with the DOC shall provide verifiable proof of compliance with the siting requirements and site selection process as required under RCW 72.65.220 and WAC 137-57-050, including a copy of the Local Advisory Committee recommendation to the Secretary and Secretary preliminary approval (if applicable) at the time of conditional use permit application.

D. Development Standards.

1. Occupancy.

a. A reentry center shall house no more than thirty (30) persons, excluding resident staff.

2. Appearance.

a. The reentry center shall match the bulk and scale of the uses allowed in the zone where the reentry center is located. The design, construction, appearance, physical integrity, and maintenance of the reentry center shall provide an environment that is attractive, sustainable, functional, appropriate for the surrounding community, and conducive to residents’ stability. Building entries shall be prominent and highly visible from other buildings and public areas.

b. Exterior lighting to be located as to minimize spillover light on surrounding properties while maintaining appropriate intensity and hours of use to ensure that security is maintained.

3. Street Frontage.

a. The reentry center shall not be located on a property that has street frontage on a principal or minor arterial road.

4. Open Space.

a. Minimum Area Required. A minimum of one hundred twenty (120) square feet of open space shall be provided per person, allocated by type as follows:

Outdoor Common Space	Minimum 50%
Outdoor Single-Purpose Space	Up to 50%
Indoor Common Space	Up to 50%

b. General Location and Design Requirements.

i. To the extent possible, all open space shall be centrally located, accessible, and usable to residents while maintaining a high level of visibility from the structure.

ii. Open space shall not be located adjacent to dumpster enclosures, loading/service areas, or other incompatible uses.

iii. Vehicular use areas, critical areas and associated buffers, setbacks, and landscaping shall not count towards open space requirements.

c. Outdoor Common Space. Outdoor common space shall be usable outdoor multipurpose space accessible by all residents, including but not limited to: courtyards, plazas and multipurpose green spaces.

i. Design Features. Courtyard/plaza areas shall include:

(A) Minimum width of twenty (20) feet and a minimum depth of fifteen (15) feet.

(B) A minimum of one (1) tree for each two hundred (200) square feet of required area.

(D) Outdoor Single-Purpose Space. Outdoor single-purpose facilities shall be usable and accessible by all residents, including, but not limited to: swimming pools, tennis and sport courts.

(E) Indoor Common Space. Indoor common space shall be usable and accessible by all residents, including, but not limited to: amenities and/or equipment for recreational uses such as lounge rooms, game rooms and exercise rooms. Lobbies and hallways do not count as indoor common space.

E. Performance Standards.

1. Operations.

a. A security plan containing, but not limited to the following, shall be provided at time of conditional use permit application:

i. Staffing, scheduling and level of responsibilities;

ii. On-site and off-site security and surveillance measures;

iii. Policy and procedure for locating a missing reentry center participant.

2. Site and Transit.

a. A written transit, pedestrian, and bicycle access plan from the subject site to services shall be submitted at time of conditional use permit application.

3. Compliance With Additional Regulations.

a. In addition to the Zoning Code under this title, reentry centers shall comply with the provisions of the Building and Construction Code under SMC Title 13 and are subject to the provisions of crime prevention through environmental design (CPTED) under SMC Title 17.

b. Reentry centers shall abide by all Federal and State laws and regulations, as well as Department of Corrections policies. (Ord. 23-1003 § 9)