Chapter 21.44
PUBLIC AND SEMI-PUBLIC ZONE
Sections:
21.44.050 Purpose.
21.44.100 Uses allowed.
21.44.105 Project design review.
21.44.110 Repealed.
21.44.200 Development standards.
21.44.210 Additional development standards.
21.44.220 Transition or buffer strips.
21.44.250 Development standards for park facilities.
21.44.400 Accessory structures.
21.44.500 Signs.
21.44.900 Other regulations.
21.44.050 Purpose.
This classification is intended to provide for nonresidential uses of a public or quasi-public nature to be located in or near residential areas and to establish standards which will minimize the impact of the nonresidential uses on nearby properties. Whereas, nonresidential uses are ordinarily prohibited in single-family residential zones in the public interest, it is the intent of this classification that instead of such nonresidential uses being excluded, the public interest will be served by development standards which minimize or eliminate completely any undesirable effects of the nonresidential uses on existing homes. Also, it is intended that the provisions of this chapter will prevent future development in the area from being influenced towards a type of development contrary to that shown on the adopted comprehensive plan, with the result that the residential character will be preserved in the neighborhoods where this zone is established. (Ord. 2441 § 13, 2003; Ord. 2020 § 18, 1994; Ord. 470 § 2, 1969)
21.44.100 Uses allowed.
A. Permitted Uses.
1. Residential Uses. All uses which are permitted in the RS-8 single-family residential zone are permitted.
2. Institutional Uses. The following uses are permitted, subject to the standards of this chapter:
a. Churches;
b. Private or semiprivate memorial buildings;
c. Community clubhouses, convention centers, public golf courses, and accessory uses;
d. Art galleries, libraries, and museums;
e. Private schools, universities, and colleges;
f. Child day care;
g. Public parks, playgrounds, and schools;
h. Municipal buildings, including police stations, fire stations, and performing arts facilities;
i. Clubs or fraternal societies but not including those which provide entertainment or allow alcoholic beverages;
j. Transit center;
k. Park-and-ride lots;
l. Park and pool lots;
m. Existing wastewater treatment plant.
3. Temporary Uses. The operation of hot air balloons in conjunction with a temporary special event, subject to issuance of a temporary special event license in accordance with Chapter 5.30 LMC, except that no fee shall be required. Each applicant for such a temporary special event license shall verify that the balloon is to be operated by a licensed pilot and shall demonstrate adequate provisions for safe operation. No hot air balloon utilized in such a temporary special event shall bear any symbols, letters, or pictures whatsoever.
B. Conditional Uses.
1. All uses permitted through the issuance of a conditional use permit in the RS-8 zone, except as amended by this section;
2. Charitable, nonprofit or social service organizations other than those uses specifically allowed as a permitted use;
3. Medical facilities, including hospitals, convalescent homes, and nursing homes and medical or dental clinics;
4. Legal and professional services; and
5. Expansion or major alteration of an existing wastewater treatment plant.
C. Factors for Consideration for Proposed Conditional Uses. In considering any conditional use permit application, the hearing examiner shall consider all factors relevant to the public interest including, but not limited to:
1. Consistency of the proposal with the comprehensive plan and with the purpose of the P‑1 zone as stated in LMC 21.44.050, especially discouraging activities of a commercial or industrial nature, whether public or private;
2. Impact of the proposal on the visual and aesthetic character of the neighborhood;
3. Impact of the proposal on the distribution, density, or growth rate of the population in the neighborhood;
4. Orientation of facilities to developed or undeveloped residential areas;
5. Preservation of natural vegetation and other natural features;
6. Hours of operation;
7. Ability to provide adequate on-site parking;
8. Traffic impacts of the proposal on the neighborhood; and
9. Conformance of the proposal with the city noise ordinance, Chapter 10.12 LMC.
Whenever the proposed use involves occupying a partially or totally vacated school, the applicant must demonstrate that the proposed use will have no greater impacts than the use for which the facility was first designed.
D. Exemption from Conditional Use Permit Application Process. Some limited expansion of use and structures of existing uses at the Lynnwood wastewater treatment plant may be approved for exemption from the conditional use permit process by the community development director if the proposed alteration meets the following criteria:
1. The alteration does not expand the treatment capacity of the plant.
2. The alteration does not result in a significant increase in noise, odor, traffic, or visual impact.
3. Any proposal to add accessory structures does not result in the addition of more than 500 square feet of building coverage. (Ord. 2583 § 1, 2005; Ord. 2441 § 13, 2003; Ord. 2390 § 1, 2001; Ord. 2020 § 18, 1994; Ord. 1455 § 1, 1985; Ord. 1309 § 1, 1983; Ord. 1209 § 1, 1982; Ord. 470 § 2, 1969)
21.44.105 Project design review.
A. Design Guidelines for Nonresidential Uses. The following structures and parking facilities permitted outright or by conditional use permit in the public and semi-public zone shall comply with Lynnwood Citywide Design Guidelines for All Districts and Commercial Districts, as adopted by reference in LMC 21.25.145(B)(3), and receive approval pursuant to Chapter 21.25 LMC, unless otherwise specified in this chapter:
1. Construction of any nonresidential structure or building with a gross floor area of more than 1,000 square feet.
2. Construction of any parking lot and/or parking structure with 20 or more stalls or paved parking area of 5,400 square feet or more.
B. Design Guidelines for Multiple-Family Uses. Construction of any multiple-family structure or building including duplexes (two-family dwellings) permitted outright or by conditional use permit in the public and semi-public zone shall comply with Lynnwood Citywide Design Guidelines for All Districts and Multi-family Districts, as adopted by reference in LMC 21.25.145(B)(3), and receive approval pursuant to Chapter 21.25 LMC, unless otherwise specified in this chapter.
C. Supersede. Applicable Lynnwood Citywide Design Guidelines, as adopted by reference in LMC 21.25.145(B)(3), shall supersede any development standards and requirements of this chapter that may conflict, unless otherwise specified in this chapter.
D. Gateways and Prominent Intersections. See city of Lynnwood zoning map to identify development project sites within a gateway or prominent intersection location. Such sites shall be subject to
applicable gateway and/or prominent intersection design guidelines identified in the All Districts section of the Lynnwood Citywide Design Guidelines, as adopted by reference in LMC 21.25.145(B)(3). If any portion of a project site lies within a gateway or prominent intersection location, then the entire project shall comply with the applicable design guidelines. (Ord. 2441 § 13, 2003; Ord. 2388 § 22, 2001)
21.44.110 Limitations on use.
Repealed by Ord. 2388. (Ord. 2020 § 18, 1994; Ord. 1309 § 1, 1983; Ord. 1209 § 2, 1982; Ord. 470 § 2, 1969)
21.44.200 Development standards.
All uses permitted in the RS-8 zone shall be subject to RS-8 regulations. All other uses shall be subject to the regulations in this section.
A. Minimum Setbacks. There shall be a minimum setback for nonresidential buildings of 15 feet from any public street and 50 feet from any property line adjoining a single-family residential zone or use. The setback from any other property line shall be 25 feet. These setbacks shall be increased by one foot for each foot of height exceeding 45 feet, measured from the lowest ground elevation at the foundation to the ceiling of the highest story occupied.
B. Height. The height of buildings is not restricted; provided, that setbacks are increased with increased height in accordance with the setback regulations.
C. Lot Coverage. All buildings, including accessory buildings, shall not cover more than 35 percent of the area of the lot. (Ord. 2388 § 24, 2001; Ord. 2020 § 18, 1994; Ord. 470 § 2, 1969)
21.44.210 Additional development standards.
A. Parking Requirements. Parking requirements for the public and semi-public zone are as provided in Chapter 21.18 LMC; provided further, that at multiple-family residential development, 10 percent of the required parking may be in tandem parking; provided, that the area in which the tandem parking is located is designated on an approved site plan and that they are assigned by the management; or 10 percent of the parking stalls required may be located in a separate parking lot utilized only for recreation vehicles provided the area does not encroach on front, side, and rear yard setbacks.
1. Landscaping in Parking Areas.
a. Purpose. The purpose of these landscaping provisions is:
i. To break up the visual blight created by large expanses of barren asphalt which make up a typical parking lot;
ii. To encourage the preservation of mature evergreens and other large trees which are presently located on most of the potential multiple-family housing sites in this city;
iii. To provide an opportunity for the development of a pleasing visual environment in the multiple-family housing zones of this city from the viewpoint of the local resident and visitor passing through the zones (a purpose of this section) as well as from the viewpoint of the multiple-family housing dweller (a purpose of the multiple-family housing developer);
iv. To insure the preservation of land values in multiple-family housing zones by creating and insuring an environmental quality which is most compatible with the development of this land; and
v. To provide adequate control over the application of landscaping standards so that these objectives are accomplished in the most effective manner and to avoid the abuse of these intentions by placing the described landscaping in remote parts of the site or in recreational areas where they bear no relationship to these objectives.
b. Planting at Street Frontages. Development sites with parking areas located only between the sides of buildings opposite the street and interior property lines shall provide a 10-foot-wide planting area along the entire street frontage, except for driveways, walkways and other pedestrian spaces. Development sites with single-aisle, double-loaded parking areas located between buildings and the street right-of-way, parking areas between buildings or parking areas between buildings and the closest side property line shall provide a 15-foot-wide planting area along the entire street frontage with the same above exceptions. Development sites with multi-aisle parking areas located between buildings and the street right-of-way shall provide a 20-foot-wide planting area along the entire street frontage with the same above exceptions. Planting shall consist of ornamental landscaping of low plantings and high plantings. The minimum height of trees shall be eight feet for evergreen trees and 10 feet for all other species. Trees shall be spaced a maximum of 25 feet on center with branches eliminated to a height of six feet where necessary to prevent sight obstruction. The required trees in this planting area may be located within the adjacent street right-of-way as long as they comply with Lynnwood Citywide Design Guidelines, as adopted by reference in LMC 21.25.145(B)(3), and are approved by the public works department. Low evergreen plantings or a mixture of low evergreen and deciduous plantings with a maximum height of 30 inches, in bark or decorative rock, shall be provided so as to achieve 50 percent groundcover within two years.
The location and width of the planting area may be modified in accordance with the following provisions: that up to five feet of the 10-foot total required may be installed in portions of city right-of-way which are not covered by impervious surfaces or, in the case of right-of-way which is not fully improved, are not projected to be covered by impervious surfaces upon full improvement.
c. Landscaping in Right-of-Way. Property owners who install landscaping on portions of right-of-way not covered by impervious surfaces shall provide the city with a written release of liability for damages which may be incurred to the planting area from any public use of the right-of-way and an indemnity to the city against any injuries occurring within that portion of right-of-way so utilized.
d. Coverage. Ten percent of parking areas located between buildings or between buildings and interior property lines, and single-aisle, double-loading parking areas located between buildings and the street; and 15 percent of multi-aisle parking areas located between buildings and street shall be in landscaping (exclusive of landscaping on the street frontage and required landscape buffers); provided, that:
i. No landscaping area shall be less than 100 square feet in area or less than five feet in width;
ii. No parking stall shall be located more than 45 feet from a landscaped area. The planning commission may approve landscaping plans involving alternatives to this specification for individual properties if it finds that the alternative plans would be more effective in meeting the above stated purposes of this section; and
iii. All landscaping must be located between parking stalls or between parking stalls and the property lines. Landscaping which occurs between parking stalls and multiple-family housing or between parking stalls and multiple-family housing recreation areas shall not be considered in the satisfaction of these landscaping requirements.
e. Amount of Landscaping. The planting area shall include liberal landscaping using such material as trees, ornamental shrubs, lawn or combination of such materials.
f. Landscaping Adjacent to Parking Stalls. Where landscaping areas which fulfill city standards are adjoined by angular or perpendicular parking stalls, landscaping in the form of groundcover materials or plants may be installed in that portion of any parking stall which will be ahead of the wheels and adjacent to the landscaped area; provided, that curbing or wheel stops are installed in a position which will protect the plants from damage. Such landscaping shall not be construed to be part of the percentage of landscaped area required by this chapter nor a reduction of the parking stall.
g. Additional Landscaping Along Specified Streets. Along streets where it may be desirable and feasible to obtain a higher degree of continuity in landscaping from property to property than is provided for here, the city council, upon recommendation by the planning commission, may designate specific street frontage landscaping plans for those streets. See Chapter 21.06 LMC.
B. Fences and Hedges. Fence and hedge regulations are as provided in Chapter 21.10 LMC. (Ord. 2441 § 13, 2003; Ord. 2388 § 25, 2001; Ord. 2020 § 18, 1994; Ord. 1770 § 12, 1990; Ord. 1472 § 2, 1985; Ord. 1461 § 1, 1985; Ord. 1424 § 1, 1984; Ord. 1253 §§ 1, 2, 1982; Ord. 1241 § 1.2, 1982; Ord. 575 § 1, 1970; Ord. 489 § 1, 1969; Ord. 470 § 2, 1969; Ord. 386 § 1, 1968)
21.44.220 Transition or buffer strips.
Transitional or buffer landscaped strips (also referred to as greenbelts) shall be installed where the side yard or rear yard of a property zoned to the public semi-public zone is adjacent to a property zoned RS, except that no transition or buffer strip shall be required for those uses which are permitted without a conditional use permit in the RS-8 zone. All landscaped strips shall be a minimum of 10 feet wide.
A. Maintenance. Whenever greenbelts or landscaping are required to be installed according to city zoning requirements, the plant material shall be regularly maintained and kept in a healthy condition in accordance with zoning requirements, Lynnwood Citywide Design Guidelines, as adopted by LMC 21.25.145(B)(3), and approved development plans. Maintenance shall also include regular weeding, removal of litter from landscaped areas, and repair or replanting so that the greenbelts or landscaping continue to comply with zoning requirements and/or development plans.
B. Minimum Standards.
1. Planting and Fencing. The planting strip shall consist of one row of evergreen conifer trees, spaced a maximum of 10 feet on center. Minimum tree height shall be six feet. The remainder of the planting strip shall be promptly planted with low evergreen plantings which will mature to a total groundcover within five years. A permanent six-foot site-screening fence shall be placed at the property line.
2. Signed Plans. All landscaping plans shall bear the seal of a registered landscape architect or signature of a professional nurseryman and be drawn to a scale no less than one inch to 20 feet. The landscape architect or professional nurseryman shall certify that the species of plants are fast-growing and that the design of the plan will fulfill city code requirements within five years.
3. Installation Prior to Occupancy. All landscaping that fulfills the city code requirements shall be installed prior to occupancy of any structure located on the same site.
If, due to extreme weather conditions or some unforeseen emergency, all required landscaping cannot be installed prior to occupancy, then a cash deposit or guarantee account with the city shall be provided as financial security to guarantee installation of the remaining landscaping. The security shall be equal to the cost of the remaining landscaping including labor and materials or a minimum of $500.00. The security shall not extend for a period of more than 30 days. If, within 30 days, the remaining landscaping is installed according to code requirements and approved development plans, then all funds shall be refunded.
C. Fence Regulations.
1. Definition. For the purposes of this section, a “site-screening fence” means a solid one-inch-thick board (nominal dimensional standards) fence. One made of brick, rock or masonry materials may be substituted for a board fence;
2. Exceptions. Where a fence is required by the above standards, no fence will be required in those cases where a fence already exists which meets the intent of this section. However, if the existing fence is ever removed, demolished or partially destroyed, then the owner of the property first being required by the section to provide the necessary fence will be responsible for replacing the fence.
In those cases where the slope of the land is such that the location of a fence required by the above standards is impractical or ineffective in satisfying the intent of this section, the community development director may, at his discretion, permit a location which more adequately satisfies the intent of this section.
D. Exception. The community development director may reduce the required buffer width and revise the required planting and fencing if the director finds that, due to the intensity of existing or proposed landscaping, change in topography between properties, use of the properties along the abutting property line, or other characteristics of the abutting properties, a reduced buffer width will provide adequate separation between the properties.
A request for approving a reduction in a required buffer shall be made in writing and shall describe fully the reduction and the basis for the request. The fee for processing a request is shown in Chapter 3.104 LMC. The person(s) requesting the buffer reduction bear the burden of proof that the reduced buffer will provide adequate separation and screening between properties.
At least 28 calendar days prior to acting on a request for buffer reduction, notice of the request shall be mailed to the owners of all properties that abut the site of the proposed reduction. Action on a request may not be taken until this noticing period has expired.
Anyone may appeal a determination regarding an exception by the director under this subsection by filing a written statement of the reason(s) for the appeal with the community development department. Such an appeal shall be processed pursuant to Process II (LMC 1.35.200 et seq.). (Ord. 2699 § 31, 2007; Ord. 2451 § 2, 2003; Ord. 2441 § 13, 2003; Ord. 2388 § 26, 2001; Ord. 2020 § 6, 1994; Ord. 1881 § 4, 1992; Ord. 1790 §§ 1, 2, 3, 1990; Ord. 1781 § 2, 1990; Ord. 1474 §§ 1, 2, 1985; Ord. 1465 § 3, 1985; Ord. 1257 § 6, 1982; Ord. 1036 § 3, 1979; Ord. 888 §§ 1, 2, 3, 1976; Ord. 670 § 1, 1972; Ord. 575 § 1, 1970; Ord. 489 § 1, 1969; Ord. 470 § 2, 1969; Ord. 464 §§ 1, 2, 1969; Ord. 386 §§ 2, 3, 1968; Ord. 383 § 3, 1968; Ord. 190 Art. X §§ 10.6, 10.7, 1964)
21.44.250 Development standards for park facilities.
A. Buildings and structures at properties designated “Parks, Recreation, and Open Space” on the future land use plan map of the comprehensive plan shall be subject to the development standards in LMC 21.44.200; provided, that the community development director may authorize a reduction in the minimum setback from a public street to the following:
1. Structures and buildings no more than one story in height and with a gross floor area of 1,000 square feet or less: 10 feet.
2. Structures and buildings either more than one story in height or with a gross floor area greater than 1,000 square feet (or both): 15 feet.
3. Provided, that the director finds:
a. The standards in LMC 21.44.200 would not allow use of a building or structure in the park as that building or structure is intended to be used; and
b. Use of the building or structure would not adversely affect adjoining properties.
B. Notice of such approval shall be mailed to owners of property that adjoin the site of the proposed building or structure. Approval of a building or structure under this section may be appealed within 14 calendar days of issuance of a determination under this section using Process II. The date of issuance shall be three days following the date of mailing of the notice. (Ord. 2441 § 13, 2003; Ord. 2388 § 27, 2001; Ord. 2240 § 2, 1999)
21.44.400 Accessory structures.
A. Solar Energy Systems. The use of solar energy systems can be an effective and efficient method for producing energy and reducing energy consumption. The majority of residential structures within Lynnwood were constructed before solar energy systems became a viable means for producing energy, thus lot yard setbacks and height restrictions do not take such systems into account. The city of Lynnwood finds that it is in the best public interest to encourage solar energy systems. If it is found that a solar energy system would have a positive impact on energy production and conservation while not having an adverse environmental impact on the community, but the placement of such system requires violation of city setback or maximum height limitations, allowance of such systems may be permitted through the variance process and shall be encouraged. In viewing such variance request, the following shall be considered in making a determination:
1. That the solar energy system has a net energy gain;
2. That the solar energy system is designed to minimize glare towards vehicular traffic and adjacent properties;
3. That the solar energy system not adversely affect solar access to adjacent properties;
4. That the solar energy system comply with all other city zoning, engineering, building, and fire regulations; and
5. That the solar energy system is found to not have any adverse impacts on the area, which impacts shall include, but not be limited to, the effects of such system upon the views from neighboring properties and public ways.
In order to show that the proposed energy system will conform to the above, the applicant shall be required to submit a site plan and elevations showing the location, size, and dimensions of the solar energy system and its relation to all adjacent properties. Care shall be taken to insure that the design, materials used, and colors architecturally blend in with the existing structure. The city may require that the site plan and elevations and/or energy saving calculations be prepared by an engineer, architect or builder specializing in solar energy construction.
B. Heat Pumps. The use of heat pumps also may be an effective and efficient method for reducing energy consumption. The majority of residential structures were constructed before heat pumps became a viable means for reducing energy consumption, thus lot yard setbacks did not take them into account. In some instances the only and/or the best location of a heat pump will not comply with the minimum five-foot setback from all property lines. Heat pumps within the five-foot setback may be permitted through the variance process. In order for any such variance to be granted, it must be found that:
1. The heat pump does not exceed the applicable dba noise level at the property line;
2. The heat pump does not cause an adverse environmental impact; and
3. The proposed location is the more desirable in lieu of the minimum five-foot setback. Supporting documentation shall be provided by an individual knowledgeable of heat pump operation and installation. (Ord. 2441 § 13, 2003)
21.44.500 Signs.
See LMC 21.16.300 for sign regulations. (Ord. 2441 § 13, 2003; Ord. 2310 § 38, 2000)
21.44.900 Other regulations.
A. Refuse and Recycling Collection Areas and Enclosures. On-site paved and enclosed refuse and recycling collection areas shall be provided on sites where new buildings are being constructed or existing buildings are being remodeled or expanded, and shall comply with the requirements of this section. One-family dwelling units, two-family dwelling units, and public parks are exempt from the requirements of this section.
1. Development Standards. Refuse and recycling collection areas in the public and semi-public zone shall comply with the development standards below. The following development standards shall supersede other applicable setback requirements of this chapter and any applicable Lynnwood Citywide Design Guidelines, as adopted by reference in LMC 21.25.145(B)(3), that may conflict:
a. Set back a minimum of 25 feet from a public street;
b. Set back a minimum of 25 feet from any interior property line adjoining an RS or RM zone or a P-1 zone with one-family dwelling units if a business site is one acre or larger in area; or
c. Set back a minimum of 15 feet from any interior property line adjoining an RS or RM zone or P-1 zone with one-family dwelling units if a business site is less than one acre in area.
2. Enclosure. All refuse and recycling collection areas shall be enclosed on three sides by a six-foot-high site-obscuring fence which uses building materials, color, and design details similar to the primary buildings on the site and a six-foot-high gate on one side. The height of the enclosure may include the height of a surrounding slope or berm (height measured from bottom inside edge of
the collection area). The enclosure shall include a gate which can be secured in an open or closed position. If the enclosure includes a gate made of metal chain link fencing, the fencing shall contain slats which screen the view of containers and material inside the collection area. An alternative design may be approved if it is determined that such alternative would provide equal or better screening, architectural compatibility, and containment.
3. Parking. No refuse and recycling collection area shall be located in such a way that new or existing parking stalls will prevent or interfere with the use and servicing of the collection area.
4. Design. Refuse and recycling collection areas shall be sized, located, and constructed per standards established by the public works department. (Ord. 2441 § 13, 2003; Ord. 2388 § 28, 2001; Ord. 2020 § 18, 1994; Ord. 1911 § 2, 1992)