Chapter 21.50 INDUSTRIAL ZONES

Chapter 21.50
INDUSTRIAL ZONES

Sections:

21.50.050 Zones and purposes.

21.50.100 Uses allowed in the industrial zones.

21.50.105 Project design review.

21.50.110 Limitations on uses.

21.50.120 Adult establishments and retail uses.

21.50.150 Performance standards – Light Industrial zone.

21.50.160 Performance standards – Business and Technical Park zone.

21.50.200 Development standards.

21.50.210 Additional development standards.

21.50.220 Transition or buffer strip.

21.50.500 Signs.

21.50.900 Other regulations.

21.50.050 Zones and purposes.

A. Business and Technical Park Zone (BTP). The purpose of this zone is to provide a zone within the city for business and technical parks. Although primarily intended for business and technical parks, other compatible uses are not excluded, particularly those of a professional or business office, wholesale, manufacturing, and research development nature; provided they are capable of operating in a manner that is consistent with the intent of the zone. It is specifically intended to be a practical zone for tracts which, by reason of small size, might otherwise be difficult to develop into a business park or technical park as usually understood by the general public.

It is expected that the character of development in the BTP zone will be of high aesthetic standards: BTP-zoned areas are anticipated to be in highly visible locations, reflecting on the entire community. Also, the BTP zone has been designed to serve as a transitional zone near residential areas, and adequate aesthetic treatment of the BTP areas can minimize the impact of this use on nearby residences.

B. Light Industrial Zone (LI). The LI Light Industrial Zone is established to provide an area where light manufacturing and wholesaling operations involving little retail contact may be carried on; provided the uses conform to the performance standards of LMC 21.50.150.

The character of development of this area will be such that it will be in keeping with the highest standards of industrial parks, promoting beauty, comfort, and generally improving the area. (Ord. 2441 § 16, 2003; Ord. 2020 § 21, 1994; Ord. 1575 § 2, 1987; Ord. 1465 § 3, 1985; Ord. 1036 § 2, 1979; Ord. 407 § 2, 1968)

21.50.100 Uses allowed in the industrial zones.

Table 21.50.01
Use	BTP	LI
Accessory Greenhouses	AC*	–
Assembly of Wood, Light Metal, Glass, Electronic, Electrical or Plastic Parts or Components which are extruded, stamped, manufactured, shaped, or prepared elsewhere, not precluding minor processes such as cutting, drilling, soldering, or minor welding	P	P
Athletic Clubs containing such facilities as handball, racquetball, tennis, and basketball courts, swimming pools, and exercise rooms	P	P
Auditoriums	–	P
Auto Wrecking Yards	–	C
Automotive and Machinery Repairing and Storage	–	P
Banks and Other Financial Institutions	C	–
Barber Shops and Beauty Parlors	AC*	–
Biotechnology (except manufacturing pharmaceuticals)	P	P
Blacksmithing, Welding, and Metal Fabricating Shops	–	P
Bookstores, News Stands, and Stationery Stores	AC*	–
Bottling and Packaging Plants	C	–
Building Material Yards	–	P
Business and Professional Offices including offices of a clerical or administrative nature	P	P
Business Services and Office Supplies	P	–
Cabinet, Millwork, or Wood Prefabrication Operations	C	P
Child Day Care (e.g., day care for children of employees or of patrons)	–	AC
Contractor’s Offices, Shops, and Indoor Storage	P	P
Contractor’s Offices, Shops, and Storage Yards	–	P
Employees’ Cafeterias	AC	P
Florist Shops	AC*	–
Food and Dry Goods Distribution Operations	P	P
Food and Dry Goods Processing and Packaging	C	P
Freight Warehouse Terminals	C	P
Furniture Manufacture and Repair Shops	C	P
Wireless Communications Facility less than 300 feet from residential zones (as measured from the wireless communications support structure to the property line of the nearest residentially zoned parcel)+	C	C
Wireless Communications Facility 300 feet or more from residential zones (as measured from the wireless communications support structure to the property line of the nearest residentially zoned parcel)	P	P
Wireless Communications Facility, Attached	P	P
Gift Shops	AC*	–
Indoor and/or Outdoor Tennis Courts, Racquet Clubs, and Handball Courts	C	–
Research and Development	P	P
Laundry and Dry Cleaning Plants	–	P
Manufacturing, Rebuilding or Repairing Nonmetal Products	–	P
Manufacturing Pharmaceuticals	–	C
Mass Transit Storage and Maintenance Facilities	–	C
Mini-Warehouses	P	–
Municipal Services	P	P
Park and Pool Lots	C	P
Pharmacies in conjunction with medical, dental, optical, and chiropractic clinics	AC	–
Plant Nurseries	AC*	–
Printing, Publishing and Binding	P	–
Printing Plants	–	P
Public Utility Facilities	C	–
Recycling Collection Centers	–	C
Repair Shops for Household Appliances	AC*	–
Residences for Watchmen or Custodians	–	P
Restaurants providing on-premises service	AC*	–
Retail Lumber Yards	–	P
Universities, Colleges, Schools, including preschools, commercial schools, such as dancing, music, trade, etc.	P	–
Veterinary Clinics and Veterinary Hospitals+	C	–
Warehouses (except mini-warehouses)	P	P
Wholesale trade (i.e., wholesale stores)	P	P
Wholesale trade (i.e., wholesale stores) with retailing confined exclusively to products which are manufactured, packaged, repacked, reloaded or otherwise processed on the same premises	C	P
Wood, Coal and Oil Fuel Yards	–	P

+See LMC 21.50.110.

Key:

P = Use is permitted as a primary use.

C = The use may be permitted through issuance of a conditional use permit.

AC = Use is permitted as an accessory conditional use and must be related to the principal use of the tenant space or property.

AC* = These accessory conditional uses may occupy no more than 25 percent of the floor area.

– = Use is prohibited.

(Ord. 2490 § 5, 2004; Ord. 2441 § 16, 2003; Ord. 2065 § 9, 1995; Ord. 2052 § 2, 1995; Ord. 2020 § 21, 1994; Ord. 1879 §§ 7, 8, 1992; Ord. 1766 § 8, 1990; Ord. 1648 § 3, 1988; Ord. 1575 § 4, 1987; Ord. 1465 § 3, 1985; Ord. 1458 § 7, 1985; Ord. 1445 §§ 4, 5, 1985; Ord. 1430 §§ 1, 2, 1985; Ord. 1361 § 2, 1983; Ord. 1347 § 1, 1983; Ord. 1182 §§ 1, 2, 1981; Ord. 1119 §§ 5, 6, 1980; Ord. 1036 § 2, 1979; Ord. 991 §§ 1, 2, 1978; Ord. 964 § 1, 1978; Ord. 748 § 1, 1974; Ord. 407 § 2, 1968)

21.50.105 Project design review.

A. Design Guidelines for Nonresidential Uses. Construction of any nonresidential structure or building with a gross floor area of more than 1,000 square feet permitted outright or by conditional use permit in any industrial zone shall comply with Lynnwood Citywide Design Guidelines for All 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.

B. Design Guidelines for Parking Lots and Parking Structures. 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 permitted outright or by conditional use permit in any industrial 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.

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 § 16, 2003; Ord. 2388 § 46, 2001)

21.50.110 Limitations on uses.

A. Veterinarian Clinics. Veterinarian clinics designed for treatment and care of pet animals, such as cats and dogs, shall be operated by a registered veterinarian. The animals must be confined within a building which shall have an exterior of masonry construction (or other building materials and/or construction techniques providing equivalent soundproofing, as approved by the building official); provided, that openings may be provided for ingress and egress according to fire code regulations and for a customer entrance of other than masonry construction (or equivalent) if the front entry is isolated from the balance of the building by a full wall partition. All rooms housing animals shall have mechanical ventilation adequate to provide an exchange of 50 cubic feet of air per minute per animal housed therein. The animal runs shall be surfaced with a minimum of two inches concrete or other impervious materials. Drainage must be away from adjoining properties and should be controlled upon the property involved. There shall be no cremation or other disposal of animals on the premises or incineration of refuse.

B. Park and Pool Lots. Park and pool lots may be permitted by a conditional use permit. In considering such a conditional use, the hearing examiner shall review all impacts upon the surrounding neighborhood, including but not limited to traffic, location, displacement of required stalls, ingress and egress, signs, and illumination. The applicant must submit a site plan with the property boundaries and the location of all buildings with their respective floor areas designated on the drawing. The available parking stalls to be used for a park and pool lot must be designated on the submitted site plan. Drawings depicting the proposed signs should also accompany the application.

C. On-Site Hazardous Waste Treatment and Storage Facilities. “On-site hazardous waste treatment and storage facilities” are permitted as an accessory use to any activity generating hazardous waste and lawfully allowed in the BTP zone; provided, that such facilities meet the state siting criteria adopted pursuant to the requirements of RCW 70.105.210.

D. Facilities for the Storage and Maintenance of Mass Transit Vehicles. Facilities for the storage and maintenance of mass transit vehicles may be permitted by a conditional use permit. In considering such a conditional use the hearing examiner shall review all impacts upon the surrounding neighborhood with particular emphasis on traffic impacts. The applicant shall be required to provide a traffic study detailing the roads which would be impacted, expected volumes, park usage times, noise, effect of vehicle size, and any other relevant factors, and shall propose measures for mitigating traffic impacts.

E. Auto Wrecking Yards and Recycling Collection Centers. These uses may be permitted by conditional use permit. In considering such a conditional use permit application, the hearing examiner shall take into account all impacts upon the surrounding neighborhood with particular emphasis on visual, noise, water quality, and dust impacts. Due to the demonstrated tendency of wrecking yards and recycling collection centers to be visually offensive, such uses should not be located adjacent to residential zoning or to established business uses of such a low intensity or having such an aesthetic emphasis as to be adversely impacted by close proximity to a wrecking yard or recycling collection center. The hearing examiner may prescribe any conditions deemed necessary to minimize the impacts of such uses.

F. BTP Zone – General Considerations for Conditional Use Permits. In considering any conditional use permit application in the BTP zone, the hearing examiner and/or city council shall consider all factors relevant to the public interest, including but not limited to the following:

1. Traffic. Whether or not the proposal would change the nature of traffic in the area:

a. The rate of traffic generation of the proposed use in comparison with existing or planned uses in the area;

b. The proportion of the traffic consisting of heavy vehicular devices;

c. Traffic related impacts such as noise, emissions, and safety; and

d. The hours during which the maximum traffic flow will occur, particularly for locations near residential areas.

2. Machinery. Machinery, equipment or activities associated with the proposal:

a. The ability of the project to operate in compliance with the state noise law and without creation of other nuisances to nearby properties due to ground or air vibrations, electrical and/or other interferences with air waves.

3. Appearance. Visual impact of the project on adjacent and nearby properties:

a. Light and glare; and

b. Outdoor storage or other outdoor activities.

4. Property Values. Whether or not the design of the project including the exterior building materials to be used would adversely impact property values, and whether the design would be compatible with nearby properties in the vicinity.

5. Access. Feasibility of coordinated street access.

G. Wireless Communications Facility. A conditional use permit for a wireless communications facility shall be subject to the following additional standards:

1. Such facilities shall not be injurious to the neighborhood or otherwise detrimental to the public welfare;

2. The applicant shall demonstrate the need for the proposed tower (wireless communications support structure) to be located near a residential area, the procedures involved in the site selection and an evaluation of alternative sites and existing facilities on which the proposed facility could be located or co-located;

3. A site development plan shall be submitted showing the location, size, screening, and design of all buildings and structures, including fences, the location, size, and nature of outdoor equipment, and the location, number, and species of all proposed landscaping;

4. The facility shall be designed to be aesthetically and architecturally compatible with the natural and built environments. This includes, but is not necessarily limited to, building design and the use of exterior materials harmonious with the character of the surrounding neighborhood and the use of landscaping and privacy screening to buffer the facilities and activities on the site from surrounding properties. Any equipment or facilities not enclosed within a building (e.g., towers, transformers, tanks, etc.) shall be designed and located on the site to minimize adverse impacts on surrounding properties;

5. All wireless communications facilities shall comply with national, state or local standards, whichever is more restrictive, in effect at the time of application, for nonionizing electromagnetic radiation;

6. The applicant shall demonstrate a justification for the proposed height of the structures and an evaluation of alternative designs which might result in lower heights. If additional height over that allowed in the zone is justified it may be approved by the city; and

7. The applicant shall include an analysis of the feasibility of future consolidated use of the proposed facility with other public utility facilities.

Provided, that this subsection shall not apply to utility facilities located on a property which are accessory to the property or to the transmission, distribution or collection lines and equipment necessary to provide a direct utility connection to the property or neighboring properties, or to those utility facilities located on public right-of-way. (Ord. 2441 § 16, 2003; Ord. 2065 § 10, 1995; Ord. 2020 § 21, 1994; Ord. 1879 § 8, 1992; Ord. 1648 §§ 4, 5, 1988; Ord. 1458 § 7, 1985; Ord. 1445 §§ 4, 5, 1985; Ord. 1361 § 2, 1983; Ord. 1347 § 1, 1983; Ord. 1119 § 5, 1980; Ord. 1036 § 2, 1979; Ord. 991 §§ 1, 2, 1978; Ord. 964 § 1, 1978; Ord. 748 § 1, 1974; Ord. 407 § 2, 1968)

21.50.120 Adult establishments and retail uses.

A. Adult Establishments and Retail Uses Permitted. Adult establishments and retail uses shall be permitted in the Light Industrial zones only; provided, that the Light Industrial zone is located south of 196th Street SW, and provided the use meets the locational standards set forth below.

B. Location Standards. Any adult establishment or retail use which locates in the city of Lynnwood shall, in addition to any other requirements, meet the following:

1. Separation from Locations. No adult establishment or retail use shall be allowed to locate within 300 feet of any property zoned residential or P-1, or any property which is occupied by living quarters for homeless teenage parents.

2. Measurement of Distance. The 300-foot separation shall be measured by following a straight line, without reference to intervening structures, between the nearest point on a line defining a residentially zoned or P-1 zoned property or property which is occupied by living quarters for homeless teenage parents and the nearest point of the building or portion thereof used by an adult establishment or retail use.

C. Variance from Separation Requirements. Whenever the proponent of an adult establishment or an adult retail use subject to the separation requirements pertaining to adult establishments or adult retail uses set forth in this chapter believes that strict application of such requirements is not necessary to achieve an effective degree of physical separation between the adult establishment or the adult retail use and property zoned P-1 or residential or which is occupied by living quarters for homeless teenage parents, the proponent(s) may apply to the hearing examiner for a variance from such requirements.

1. Criteria. 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 variance established in Chapters 2.22 and 21.26 LMC:

a. Topographical 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 pattern 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.

2. Decision. If after considering these criteria the hearing examiner finds that an effective separation between the proposed adult establishment or adult retail use and property zoned residential or P-1 or which is occupied by living quarters for homeless teenage parents 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 variance shall be denied. (Ord. 2441 § 16, 2003; Ord. 2020 § 21, 1994; Ord. 1988 § 2, 1994; Ord. 1903 §§ 4, 5, 6, 1992; Ord. 1890 §§ 4, 6, 1992; Ord. 1847 §§ 3, 4, 5, 1991; Ord. 1765 §§ 3, 4, 6, 1990)

21.50.150 Performance standards – Light Industrial zone.

All environmental or operational characteristics of a permitted use shall comply with the standards established in this section.

A. Noise. The noise emanating from a premises used for industrial activities shall be muffled so as to not become objectionable due to intermittent beat, frequency or shrillness and shall not exceed those standards contained in Chapter 10.12 LMC.

B. Lighting. Industrial and exterior lighting shall not be used in such a manner that produces glare on public highways and neighboring property. Arc welding, acetylene torch cutting or similar processes shall be performed so as not to be seen from any point beyond the outside of the property.

C. Fire and Safety Hazards. The storage and handling of inflammable liquids, liquefied petroleum, gases, and explosives shall comply with rules and regulations falling under the jurisdiction of the fire chief, the laws of the state and other local ordinances.

D. Electrical Interference. Provisions must be made for necessary shielding or other preventive measures against interferences occasioned by mechanical, electrical, electronic, and nuclear equipment use, or processes with electrical apparatus in nearby buildings or land uses.

E. Odors. The emission of obnoxious odors of any kind shall not be permitted nor the emission of any toxic or corrosive fumes or gases. Dust created by an industrial operation shall not be exhausted or wasted directly into the atmosphere.

F. Smoke or Particulate Matter.

1. The emission of smoke or particulate matter of a density equal to or greater than number three on the Ringlemann Chart, as currently published and used by the U.S. Bureau of Mines, is prohibited at all times.

2. Dust and other types of air pollution borne by the wind from such sources as storage areas and roads shall be minimized by landscaping, paving, oiling or other acceptable means.

3. Emission of particulate matter in excess of 0.2 grain per cubic foot of conveying gas or air measured at any property line is prohibited.

4. The rate of emission of particulate matter from all sources on any property shall not exceed a net weight of one pound per acre of property during any one hour.

G. Liquid and Solid Wastes. Storage of animal or vegetable waste which attracts insects or rodents or otherwise create a health hazard shall be prohibited. No waste products shall be exposed to view from eye level from any property line.

H. Open Storage. All storage shall be located within an area no closer to the street right-of-way line than designated in LMC 21.50.200 and shall be enclosed with a heavy wire fence or of a similar type, with the top of the fence not to be less than six feet above the adjoining street level, or by an attractive hedge or board fence at least six feet high.

In case of the open storage of lumber, coal or other combustible material, a roadway shall be provided, graded, surfaced, and maintained from the street to the rear of the storage area to permit free access of fire trucks at any time. (Ord. 2441 § 16, 2003; Ord. 2020 § 21, 1994; Ord. 1281 § 1, 1982; Ord. 407 § 2, 1968)

21.50.160 Performance standards – Business and Technical Park zone.

All environmental or operational characteristics of a permitted use shall comply with the standards established in this section.

A. Noise. The noise emanating from a premises used for industrial activities shall be in accordance with state noise law.

B. Lighting. Industrial and exterior lighting shall not be used in a manner that produces glare on public highways and neighboring property. Arc welding, acetylene torch cutting or similar processes shall be performed so as not to be seen from any point beyond the outside of the property, and to not interfere with the use of nearby properties. (Ord. 2441 § 16, 2003; Ord. 2020 § 21, 1994; Ord. 1036 § 2, 1979)

21.50.200 Development standards.

A. Categories.

1. Business and Technical Park Zone. This section establishes two categories of development standards for the Business and Technical Park zone based upon the manner in which the subject site is oriented to residential zones. These categories are defined as:

a. Transitional. Transitional sites are those sites which have street frontage within 100 feet of an RS zone as measured from either the front or side property line of the industrial site.

b. General. General sites are those sites which are surrounded by multiple-family, business, commercial and/or industrial zoning so there is no RS zone within 100 feet of the front or side property line of the industrial site.

2. Light Industrial Zone. This section establishes two categories of development standards for the Light Industrial zone based upon the manner in which the subject site is oriented to residential zones. These categories are defined as:

a. Transitional. Transitional sites are those sites any part of which is within 100 feet of any residential zone or a P-1 zone as measured from any property line of the industrial site.

b. General. General sites are those sites which are surrounded by business, commercial and/or industrial zoning so there is no residential or P-1 zone within 100 feet of any property line of the industrial site.

B. Development Standards.

Table 21.50.02
Dimension	BTP		LI
Dimension	Transitional*	General	Transitional*	General
Maximum Building Height++	35 ft.**	35 ft.**	35 ft.	35 ft.
Minimum Front Setback
Abutting Arterials
All Buildings, Fences, and other Outdoor Uses other than parking	50 ft.	50 ft.
Office Buildings			70 ft.	50 ft.
Service Buildings			100 ft.	70 ft.
Service Yards			100 ft.	70 ft.
Abutting Access and Collector Streets
All Buildings, Fences, and other Outdoor Uses other than parking	40 ft.	40 ft.
Office Buildings			70 ft.	50 ft.
Service Buildings			100 ft.	70 ft.
Service Yards			100 ft.	70 ft.
Minimum Street Side Yard Setback
Abutting Arterials
All Buildings, Fences, and other Outdoor Uses other than parking	50 ft.	50 ft.
Office Buildings			40 ft.	40 ft.
Service Buildings			40 ft.	40 ft.
Service Yards			20 ft.	15 ft.
Abutting Access and Collector Streets
All Buildings, Fences, and other Outdoor Uses other than parking	40 ft.	40 ft.
Office Buildings			30 ft.	30 ft.
Service Buildings			30 ft.	30 ft.
Service Yards			10 ft.	10 ft.
Minimum Interior Side Yard
Abutting any Residential Zone	25 ft.	25 ft.	20 ft.	none
Abutting BN or BC Zones	none	none	20 ft.	none
Abutting Other Commercial, Industrial or Business Zones	none	none	none+	none
Minimum Lot Area	1 acre	1 acre	1 acre	1 acre
Minimum Lot Width	150 ft.	150 ft.	none	none

Key:

* Unless other standards are approved in connection with a planned unit development or conditional use permit; see also LMC 21.50.220.

** Or three stories, whichever is less, unless a greater height is specifically allowed as part of a conditional use permit approval.

+ A four-hour fire wall is required.

++ See LMC 21.50.210.

(Ord. 2441 § 16, 2003; Ord. 2242 § 14, 1999; Ord. 2075 § 7, 1996; Ord. 2020 § 21, 1994; Ord. 1630 §§ 7, 8, 1988; Ord. 1465 § 3, 1985; Ord. 1452 § 1, 1985; Ord. 1343 §§ 5, 6, 1983; Ord. 1196 §§ 1 – 6, 1981; Ord. 1052 §§ 1, 2, 1979; Ord. 1036 § 2, 1979; Ord. 638 § 1, 1972; Ord. 407 § 2, 1968)

21.50.210 Additional development standards.

A. Building Height.

1. BTP Zone. For those buildings taller than three stories, the floor area to lot area ratio (FAR) shall not exceed 0.4, unless specifically allowed by conditional use permit approval. In connection with any such conditional use permit approval, the applicant shall demonstrate that the additional floor area will not adversely impact traffic flow and volumes on the public streets, as compared to other existing or anticipated developments on other properties in the same zone and vicinity.

2. LI Zone. A height variance may be obtained when a proof of conformance with the general intent of this chapter has been established.

B. Setbacks for Fences. All setbacks in subsection (A) of this section shall also apply to fences. However, fences, walls and hedges up to six feet high may be located in any portion of an industrial-zoned lot as long as they are not located within intersection and driveway sight distance triangles, do not obstruct driver and pedestrian visibility, comply with applicable Lynnwood Citywide Design Guidelines, as adopted by reference in LMC 21.25.145(B)(3), and are approved through project design review (Chapter 21.25 LMC).

C. Landscaping Requirements for Sites in the Light Industrial Zone.

1. On a transitional site, at least 50 percent of the front yard area shall be landscaped which may include landscaping requirements in parking lots.

2. On a general site, at least 25 percent of the front yard area shall be landscaped which may include landscaping requirements in parking lots.

3. Where interior property lines of a site being developed are not affected by other landscaping standards and are not adjoined by buildings, trees shall be planted inside and along the property line with a spacing of 40 feet or less between the trees.

D. Parking Requirements.

1. Required Number of Stalls. Requirements for parking are provided in Chapter 21.18 LMC. At transitional sites in the BTP zone, the landscaping requirement along zoning boundaries which occur along streets may be counted to fulfill front yard parking lot landscaping, providing the building is located no closer to the street than the minimum allowable setback.

2. Landscaping in Parking Areas.

a. 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, shall be provided so as to achieve 50 percent groundcover within two years.

b. Landscaping in Right-of-Way. Additional plantings may be placed on street right-of-way behind the sidewalk line if the property owner provides the city with a written release of liability for damages which may be incurred to the planting area from future street expansion or utility installation and/or agrees to relocate plantings at owner’s expense.

c. Coverage. Ten percent of the 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; and

iii. All landscaping must be located between parking stalls or between parking stalls and the property lines.

d. 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.

e. 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.

E. Surface Water Management. Each industrial area shall have adequate facilities for management of surface water.

F. Screening of Service Yards. Service yards shall be site-screened so that a visual barrier is established between the storage yard and local streets and arterials.

Screening shall be installed on side yard setbacks between street right-of-way and service buildings or storage yards (except for driveways). It shall consist of either:

1. 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; or

2. A site-screening evergreen hedge that provides a sight, sound, and psychological barrier between zones with some degree of incompatibility. The spacing of plants shall be such that they will form a dense hedge within five years. Minimum plant height shall be four feet.

G. Development Standards – Cooperative Programs. In the BTP zone, cooperative development of adjacent properties is encouraged. LMC 21.46.900(E) provides incentives which should be considered when contemplating development, particularly the development of relatively small properties. (Ord. 2441 § 16, 2003; Ord. 2388 § 47, 2001; Ord. 2020 § 21, 1994; Ord. 1630 § 7, 1988; Ord. 1465 § 3, 1985; Ord. 1461 § 3, 1985; Ord. 1424 § 3, 1984; Ord. 1343 § 5, 1983; Ord. 1052 §§ 1, 2, 1979; Ord. 1036 § 2, 1979; Ord. 888 § 4, 1976; Ord. 638 § 1, 1972; Ord. 575 § 1, 1970; Ord. 407 § 2, 1968)

21.50.220 Transition or buffer strip.

A. Transitional or buffer landscaped strips (also referred to as greenbelts) shall be installed in the following situations:

1. Where the side yard or rear yard of a property zoned to any industrial zone is adjacent to a property zoned single-family residential or multiple-family residential; or

2. Where the side yard or rear yard of a property zoned to any industrial zone is adjacent to a property zoned public and semi-public; or

3. Where the side yard or rear yard of a property zoned to any industrial zone is adjacent to a property zoned to any commercial zone, except the general commercial and PRC zones.

B. 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 reference in 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.

C. Minimum Standards.

1. Planting and Fencing. Planting and fencing shall be installed and maintained as specified below, except that in the BTP zone, ornamental landscaping of low plantings and high plantings may be substituted for dense plantings where there is potential impairment of drivers’ visibility by dense plantings near streets, thereby softening the visual impact of the industrial buildings on the residential area where it is not practical for the foregoing reasons to attempt to screen the building from view entirely. This ornamental landscaping shall consist of trees (with a minimum of height of eight feet for evergreen trees and 10 feet for all other species) spaced a maximum of 25 feet on center with branches eliminated to a height of six feet where necessary to prevent sight obstruction; and low evergreen plantings, or a mixture of low evergreen and deciduous plantings, with a maximum height of 30 inches, provided so as to achieve 50 percent groundcover within two years.

a. Where a Property Zoned to any Industrial Zone is Adjacent to a Property Zoned Single-Family Residential or Multiple-Family Residential. The purpose of this landscaping is to provide a sight, sound, and psychological barrier between zones with a high degree of incompatibility. This planting strip shall be at least 20 feet in width and shall consist of two rows of evergreen conifer trees. The trees shall be staggered and spaced a maximum of 10 feet on center, so as to form an effective visual barrier within five years. The minimum tree height shall be six feet. A permanent six-foot site-screening fence shall be placed at the property line.

b. Where a Property Zoned to any Industrial Zone is Adjacent to a Property Zoned Public and Semi-Public. The planting strip shall be at least 10 feet in width and shall consist of a site-screening evergreen hedge that provides a sight, sound, and psychological barrier between zones with some degree of incompatibility. The spacing of plants shall be such that they will form a dense hedge within five years. Minimum plant height shall be four feet.

A permanent six-foot site-screening fence shall be placed at the property line.

c. Where a Property Zoned to any Industrial Zone is Adjacent to a Property Zoned to any Commercial Zone, Except the General Commercial and PRC Zones. The planting strip shall be at least five feet in width and shall consist of a site-screening evergreen hedge that provides a sight, sound, and psychological barrier between zones with some degree of incompatibility. The spacing of plants shall be such that they will form a dense hedge within five years. Minimum plant height shall be four feet.

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.

D. 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.

E. 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 shall be $200.00. 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. 2451 § 5, 2003; Ord. 2441 § 16, 2003; Ord. 2388 § 48, 2001; Ord. 2020 § 6, 1994; Ord. 1881 § 4, 1992; Ord. 1790 §§ 1, 2, 3, 1990; Ord. 1781 § 2, 1990; Ord. 1474 § 1, 1985; Ord. 1465 § 3, 1985; Ord. 1257 § 6, 1982; Ord. 1036 § 3, 1979; Ord. 888 §§ 1 – 4, 1976; Ord. 670 § 1, 1972; Ord. 638 § 1, 1972; Ord. 575 § 1, 1970; Ord. 489 § 1, 1969; Ord. 464 §§ 1, 2, 1969; Ord. 407 § 2, 1968; Ord. 386 §§ 2, 3, 1968; Ord. 383 § 3, 1968; Ord. 190 Art. X §§ 10.6, 10.7, 1964)

21.50.500 Signs.

See LMC 21.16.330 for sign regulations. (Ord. 2310 § 48, 2000)

21.50.900 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 shall comply with the development standards below. The following development standards shall supersede other applicable setback requirements of this chapter and any 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 § 16, 2003; Ord. 2388 § 49, 2001; Ord. 2020 § 21, 1994; Ord. 1911 § 2, 1992)