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HomeMy WebLinkAboutord1984-0071 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 DATE: December 15, 1983 INTRODUCED BY: Johnson PROPOSED BY: ORDINANCE NO. 84 -7 AN ORDINANCE AMENDING THE BIRCH BAY COMPREHENSIVE PLAN TEXT, MAP AND ZONING IN REGARD TO THE NEIGHBORHOOD BUSINESS DESIGNATION AND DISTRICT. WHEREAS, the County Planning Agency has received a request from Navus Managment, Inc., to redesignate and rezone a 2.65 acre parcel from the Suburban designation of the Birch Bay Comprehensive Plan and the Suburban District - 4 families per acre designation of the Interim Zoning Map, to new designations of Neighborhood Business and Neighborhood Business District, respectively; and, WHEREAS, the subject parcel is located adjacent to the present Neighborhood Business District; and, WHEREAS, the Planning Commission has held public hearings upon the foregoing requests and prepared findings, reasons and a motion recommending approval of the request with one modification concerning the inclusion of professional offices of 2,500 square feet or less as a permitted use; NOW, THEREFORE, BE IT ORDAINED that the Birch Bay Comprehensive text and map, and the Interim Zoning Ordinance, are hereby amended in accordance with the findings, reasons and motion of the Planning Commission which are attached hereto and incorporated herein as Exhibit "A ". APPROVED this 5th day of January , 1984 WHAII�COM COUNTY COUNCIL 'WHATiCOM COU Y HINGTON "CPAAIG COLE',-,-- Chair.perison 1 ORDINANCE - 1. If 1 2 3 4 5 61 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 tir ATTEST "si' ' Clerk of- t C ncil APPROVED AS TO FORM; BR UM L. DISEND, Deputy Prosecuting Attorney (X) APPROVED ( ) VETOED <Z�� cm, Joh Louws, County Executive January 6, 1984 Published 12 -21 -83 and 1 -11 -84 This ordinance shall become effective January 16, 1984 ORDINANCE - 2. November 9, 1983 File ReY: CM 1 -83 ZM 1 -83 ZT 9 -83 WHATCOM COUNTY AGENCY REPORT PLANNING COMMISSION RESOLUTION ) IN THE MATTER OF AMENDING THE ) BIRCH BAY COMPREHENSIVE PLAN MAP'S ) FINDINGS, REASONS NEIGHBORHOOD BUSINESS DESIGNATION, AND ) AND MOTION THE INTERIM ZONING MAP FOR THE ) NEIGHBORHOOD BUSINESS DISTRICT LOCATED ) ON BIRCH POINT ROAD, AND AMENDING ) THE NEIGHBORHOOD BUSINESS DISTRICT ) TEXT IN THE INTERIM ZONING ORDINANCE ) WHEREAS, the Whatcom County Council approved Major Development Permit No. MDP 1 -82 on January 4,1983; and WHEREAS, the Whatcom County Planning Agency received on September 1, 1983, a request from Navus Management, Inc. to redesignate and rezone 2.65 acres which is located adjacent to an existing 4.6 acre Neighborhood Business area at Birch Point Road, from the "Suburban" designation of the Birch Bay Comprehensive Plan and "Suburban district - 4 families per acre" of the Interim Zoning Map to "Neighborhood Business" and "Neighborhood Business District ", respectively; and to amend the text of the "Neighborhood Business District" to increase the maximum size of a district from four (4) to eight (8) acres in order to implement the approval of MDP 1 -82; and WHEREAS, the Planning Commission received on October 3, 1983, a request from Navus Management, Inc. to replace the existing "Neighborhood Business District" of the Interim Zoning Ordinance with the "Neighborhood Commercial District" of the Official Whatcom County Zoning Ordinance, Title 20 in order to implement the approval of MDP 1 -82; and WHEREAS, pursuant to RCW 43.21C and WAC 197 --10 the SEPA Official determined that the comprehensive plan and zoning map amendments were adequately addressed in the draft and final Environmental Impact Statement prepared for MDP 1 -82, and the text revision proposed by the applicant would have no significant adverse impacts and a final Declaration of Non - Significance was issued; and WHEREAS, pursuant to RCW 36.70.390 and 36.70.590, legal notice was published in the Westside Record - Journal on September 7, 1.983, and October 5, 1983, and a copies of the public notice pertaining to the comprehensive plan and zoning map amendments were sent in a timely fashion to property owners within 300 feet; and WHEREAS, the Whatcom County Planning Department reviewed the requests and made recommendations thereon in a staff report dated September 15, 1983 (see exhibit 1), and staff report addendum dated October 12, 1983 (see exhibit 2); and WHEREAS, the Planning Commission opened the public hearing on the map amendment requests on September 20, 1983 and the text amendment request on October 18, 1983; and WHEREAS, the Planning Commission concurs with the Planning Department's recommendations with one modification concerning the inclusion of professional offices of 2,500 square feet or less as a permitted use; and WHEREAS, the Planning Commission has now concluded its hearings; NOW, THEREFOR, BE IT RESOLVED: Findings of Fact and Reasons for Action: 1. That a quorum of Commission members was present during the hearings. 2. That any potential adverse impacts as identified in the EIS prepared for MDP 1 -82 which relates to the map amendments have been duly considered by the Whatcom County Council in its approval of the Major Development Permit. 3. That the additional area would not substantially increase the intensity of land use when compared with existing conditions due to text amendments restricting the total floor area of the district. 4. That the text amendments are not expected to have a substantial adverse impact on the environment when compared with the existing zoning ordinance, due to similar community facility demands, use of performance criteria to minimize compatibility impacts, and similar impacts on environmental factors. 5. That there has been substantial change of conditions regarding the Neighborhood Business district located at Birch Point Road, due to the approval of Major Development Permit No. MDP 1 -82, and that the approval of the Birch Bay Comprehensive Plan and 'Zoning map amendments reflect the changed conditions. 6. That the amendment of the Birch Bay Comprehensive Plan and Interim Zoning maps would increase the size of the Neighborhood Business District located at Birch Point Road from 4.6 to 7.25 acres and would be appropriate due to topographic and site constraints. 7. That it is in the public interest to amend the Neighborhood Business zone text of the Interim Zoning Ordinance similar to that of the Neighborhood Commercial text of the Official Whatcom County Zoning Ordinance, Title 20, in order to treat all lands zoned for Neighborhood Commercial both by the Interim Zoning Ordinance and Title 20 are substantially the same. 8. That the map and text amendments are consistent with the policies of the Birch Bay Comprehensive Plan provided that policies addressing district location criteria and appropriate size are added to the comprehensive plan, factors which are currently included In the Neighborhood Business District text of the Interim Zoning Ordinance. 9. That the addition of the policies pertaining to district size and location into the text of the comprehensive plan are administrative in nature, since the provisions currently exist in the Zoning Ordinance. 10. That the additional policies are more appropriate in the comprehensive plan text since the issues addressed relate to the establishment of a district rather than the development of a use within a district. 11. That a majority of the Planning Commission recommends approval of an amendment to the Birch Bay Comprehensive Plan map and the Interim Zoning Map to expand the Neighborhood Business area located on Birch Point Road from 4.6 to 7.25 acres (see Exhibit 3), and recommends approval of an amendment to the text of Whatcom County Interim Zoning Ordinance and the Birch Bay Comprehensive Plan (see Exhibit 4). 12. That the Chairman and Secretary are hereby directed to place their signatures on this document and to transmit the same together with aforementioned Exhibit$ 1 to 4 to the Whatcom County Council. WHATCOM COUNTY PLANNING COMMISSION Chairman Secretary r Attachments: Exhibit 1 -Staff Report dated 9/15/83 Exhibit 2 -Staff Report Addendum dated 10/12/83 Exhibit 3 - Recommended Comprehensive flan and Interim Zoning Map Amendments (Exhibit 10 of the hearing) Exhibit 4 - Recommended Text Amendments to the Interim Zoning Ordinance Chapter 2.24.341 and the Birch Bay Comprehensive Plan Neighborhood Business Policies. September 15, 1983 File Ref: CM 1 -83 ZM 1 -83 ZT 9 -83 WHATCOM COUNTY PLANNING DEPARTMENT STAFF REPORT Applicant: Navus Management, Inc. Request Navus Management, Inc. is requesting three actions to be taken by Whatcom County. The first two actions would amend the Birch Bay Comprehensive Land Use Plan Map and the Interim Zoning Map in order to expand an existing "Neighborhood Business" plan designation and zone district from 4.6 to 7.25 acres. The existing plan designation and zoning of the 2.65 acre area being amended are "Suburban" and "Suburban District - 4 families per acre ", respectively. The third action requested by Navus Management would be to amend the "Neighborhood Business District" text of the Interim Zoning Ordinance as follows: 1. Permitted Uses a. Section 2.24.341.056: b. Section 2.24.341.057: (new) 2. Conditional Uses a. Section 2.24.341.156: (new) 3. Site of District "Other retail uses consistent with the district purpose provided that floor space does not exceed 2,400 6,000 square feet." "The aggregate floor area of all buildings within each neighborhood business com lex shall not exceed 30,000 uare eet.' "Eating and drinking establishments." a. Section 2.24.341.600: "Neighborhood business zones shall be no larger than four (4} eight (8) acres for the total area sufficient to carr out its purpose an no smaller than one acre." The purpose of the three requests is to implement the commercial segment of an approved project currently known as the Bay Club. History: Originally, in October 1977, Whatcom County approved Major Development Permit No. MAP 7 -77 and Long Plat No. LS 2 -75 for a 458 lot project on 149 acres known as Birch Bay Village Highlands. The project was revised in 1982 to its present form for a 465 unit condominium and 6.75 acre commercial development on 154 acres. Major Development Permit No. MDP 1 -82 for the revised project was approved by the Whatcom County Council on January 4, 1983. ._1_ Location: The requests would affect two different areas. The map amendments would affect the existing "Neighborhood Business District" located adjacent and north of Birch Bay Drive and the main entrance to Birch Bay Village and 1,930 feet east of fielder Road. The district is located on the southern boundary of the Bay Club project site (see Figure 1). The text amendments would affect all property zoned "Neighborhood Business" in unincorporated Whatcom County. There are four areas in the county which are zoned Neighborhood Business (see Figure 2). The four areas are located within Birch Bay which will be generally described as the Birch Bay Drive site 01. on Figure 2) located at the project site described above; Harbor View Road site 42) located adjacent and east of Harbor View Road about 2,600 feet north of Anderson Road at the American Campgrounds facility; Alderson Road site 03) located adjacent and south of Alderson Road and adjacent and east of Terrell Creek; and Birch Bay Marina site 44) located adjacent and east and west of Birch Bay Drive and it's intersection with Whitehorn Road. Statutory Provisions: Pursuant to RCW 36.70.380 and .390 a notice of public hearing has been advertised in the Westside Record - Journal on September 7, 1983, wherein the time, place and purpose of said hearing was so stated. In addition, since the map amendment requests affected one specific area rather than the entire district, the legal notice was sent to all property owners within 300 feet of the district being expanded. Pursuant to RCW 43.21C, the Whatcom County S.E.P.A. Official determined the EIS prepared for the Bay Club proposal is adequate. Copies of the draft and final EIS have been distributed to your Commission at a preceding meeting pertaining to the request. EXISTING CONDITIONS AND FINDINGS: General Land Use Distribution: Existing land use information including area for each of the four sites is summarized as foll.owst Site #1 #2 #3 #4 Existing Land Use Open Land Commercial 4 residences; commercial Ap2roximate Area 4.6 acres 5.3 acres 3.5 acres abandon commercial building and state park 5.3 acres Total area 18.7 acres Land use information consisting of existing land use, comprehensive plan designations and zoning for property adjacent to each site is summarized as follows: Direction Existing Land Use Site 41 Comprehensive Plan North: Open Land, Com- Suburban mercial, Residence -2- Zoning Suburban District -4 families per acre Site #1 continued Existing Comprehensive Direction Land Use Plan South: Residence Suburban East: Open Land, Residen- tial West: Open Land North and Residential South: families per acre West: Rural Residential East: Camping club North: Residential South: Residential East: Residential West: Residential and Terrell Creek North and Birch Bay West: South: Open Land East: State Park Suburban Zoning Suburban District -4 families per acre and Residential and Open Space District Suburban District -4 families per acre Suburban Suburban District -4 families per acre Site #2 Suburban Suburban District -4 families per acre Suburban Suburban District -4 familes per acre Suburban Suburban District -4 families per acre Site #3 Resort Resort District -High Density Medium Density Residential Medium Residential Density District -7 and Public families per acre Medium Density Residential Medium Residential Density District -7 families per acre Medium Density Resort District - Resort Medium Density Site #4 -3- Recreation and Open Space District Suburban Suburban District -4 families per acre Park Recreation and Open Space District rA ENVIRONMENTAL FACTORS Topography: For the site being amended, the existing district has slopes varying from 0 to 22 %. For the area proposed to be included in the district, slopes approach 47% along the eastern boundary of the Bay Club property while slopes in the proposed developed area of the site approach 25%. Conditions #14 and #52 of MDP 1 -82 require the formulation of a sedimentation and erosion control plan in order to control development impacts on these slopes. In addition, condition #8 required the retention of top soil on- site. Topography is relatively level for other existing sites and is not an issue since the proposed text amendments would not substantially change development on slopes over existing conditions. Soils and Geology: For the areas to be rezoned and redesignated, the geology is Alluvial Deposit while the soils according to the EIS is the Neptune Series which is well drained. For the same reason as topography, soils and geology would not be an issue for the text amendments. Drainage: For the Birch Bay Drive site, the MDP 1 -82 requires drainage plans, on -site retention and /or off -site drainage improvements, maintenance responsibilities, and provision of adequate easements. Thus, any potential adverse drainage impacts caused by increasing the Neighborhood Business district would be mitigated by the conditions of the permit. For the same reason as topography, drainage would not be an issue for the text amendments. Compatibility Factors: Relative to the zone district amendment request, Birch Bay Village, a residential development is located directly across Birch Bay Drive. According to the EIS the commercial area may negatively impact the residential area with traffic noise, light and glare. However, increasing the Neighborhood Business district from 4.6 to 7.25 acres may reduce such impacts since the proposed text amendments would limit the amount of building square footage which could be developed in a district thereby limiting potential traffic and glare impacts. Further, the Neighborhood Business District and the major development permit requirements both specify installation of landscaping buffers. For the same reasons, compatibility factors associated with the text amendments should not be substantial, although two higher usage facilities, eating and drinking establishments, could be allowed. However, these uses are conditionally permitted and must meet compatibility criteria of the conditional use permit standards. COMMUNITY FACILITIES /UTILITIES: Sewer and Water: All of the Neighborhood Business Districts are within the service area of Water District No. 8 and all currently have or planned to have access water and sewer mains, although Water District No. 8 may have overcommitted available sewer capacity. The proposed text amendments would not be expected to have a significant impact on water and sewer usage. Increasing floor area of retail uses from 2,500 to 6,000 square feet would not be expected to place substantial additional demands on the services since the number of employees and customers would not substantially increase. Regarding eating and drinking establishments, the Bellingham- Whateom County Health District indicates that these additional uses would not be expected to significantly contribute to sewer and /or water demands. In addition, any proposed use -4- would have to obtain commitments from Water District No. 8 before service can be obtained. For the proposed map change, Water District No. 8 indicated the entire Bay Club development in combination with existing commitments would exceed the sewer plant's total capacity. However, the District indicates the Comprehensive Sewer System Plan is being updated to increase the plant's capacity and fees received from the Bay Club proposal would contribute towards the plant's expansion. Further, the plant is not currently at capacity and not all the existing commitments have been used. The Hearing Examiner and County Council adopted the map development, including the expanded commercial area, based on the finding that currently the existing facilities are available and built to adequate standards. Fire Protection: Fire service would be provided by Fire District No. 13. The text amendments and map changes would not increase demands on fire service when compared with existing conditions and current permit approval commitments. Law Enforcement: Whatcom County Sheriff Department would provide law enforcement service for the Birch Bay area. The text amendments and map changes would not significantly change law enforcement demands when compared with existing conditions and current permit approval commitments. Traffic: According to the Birch Bay Plan, all Neighborhood Business Districts would be generally served by arterials. The amount of additional traffic expected by eating and drinking establishments may be greater than retail uses presently permitted by the zone, but would be comparable with other conditionally permitted uses currently allowed in the district. The expanded retail use would not be expected to have significant differences over present requirements since several permitted retail uses in the zone would be the same size and trip generation factors would either be the some or less. In addition, the text amendment would establish an aggregate floor area of 30,000 square feet which would be a limiting factor. For the map amendment, the additional area may increase traffic potential over the existing Neighborhood Business District configuration. However, the additional traffic would be a small percentage when considered in relation to the entire development approved by Whatcom County. Further, any traffic impacts as mitigated by adopted conditions have been accepted by the County in the approval of the Major Development Permit. CONSISTENCY WITH CURRENT ZONE DISTRICT REgUiREMENTS: The current "Neighborhood Business District" presently is intended to provide convenience facilities for people within are area as is expressed in its purpose statement. "To provide small areas for retail sales of convenience goods, primarily to residents living within one to two miles of the district. The permitted businesses sell products or provide services which are needed frequently, in small quantities, and often during times outside of normal business hours. Floor space of commercial structures is restricted to insure that business remains on a neighborhood basis. All new buildings are subject to special review under the conditional use process. Total area of the zone is limited to that area sufficient to carry out its purpose. These zones may be located on relatively minor arterial streets and highways as the amount of traffic generated is expected to be small. These zones should not be located closer than one mile to any otehr commercial zone." -5- Allowing other retail uses to be developed to 6,000 square feet would be consistent with the district's intent to restrict floor area space since other permitted uses currently are allowed to be developed to 6,000 square feet. The text amendment to limited permitted uses to 30,000 square feet would be consistent with the stated purpose of limiting floor space in order to insure business remain on a neighborhood basis. The addition of eating and drinking establishments as conditionally permitted would be consistent with providing services which are needed frequently in small quantities, and often during times outside normal business hours. The size of the facilities would have to be consistent with the purpose of the district and their need would be based qn marked conditions. Generally, expanding the size of the district from 4 to 8 acres as proposed by the text amendment, we believe would not be consistent with the purpose of the district to limit area to that sufficient to carry out the district's purpose. For many neighborhood commercial districts, 5 acres is an adequate area and is consistent with the area requirements of Title 20. For the specific site of the Bay Club, however, expanding the district from 4.6 to 7.25 acres would appear to be consistent with the district's stated purpose because of site and design contraints. CONSISTENCY OF THE AMENDMENT REQUEST WITH THE BIRCH BAY d-Alu i?T7uT?MQTVT. BT A Tel. The Birch Bay Plan was adopted by the Planning Commission and County Commissioners in early 1977. Relevent policies for the text and map amendments pertain to applicable portions of the "Neighborhood Business" text of the plan as follows: GENERAL The following uses are considered acceptable in this area upon approval of a Planned Unit Development or other type of review, as appropriate: 1. Retail facilities limited to services or sale of items that supply the daily personal needs of neighboring residents. 2. . Public or quasi - public services. It is suggested that the development In this area be limited to small retail stores and personal service establishments. A maximum of four such areas should be considered for the total Birch Bay Area, the precise location to be determined by growth patterns in the area. A market study should be required. DESIGN Indiscriminate location of new businesses along arterials should be curtailed; new Neighborhood Business areas should be located at intersections of two arterial roads. The proposed text and map amendments would appear to be consistent since new uses would be quasi- publie services and the resulting action would not indiscriminately locate new business but confine businesses to a currently defined commercial node. -6- El RECOMMENDATION: _.J Generally, the Planning Department agrees with the intend and purpose of the proposed text and map changes. The addition of eating and drinking establishments would be consistent with our current planning program as reflected in the "Neighborhood Commercial District" of Title 20. Further, as cited above, it appears such uses are also consistent with the current planning program for Birch Bay. We feel any compatibility issue can be addressed through the conditional use process. Regarding the zoning and comprehensive plan map changes, staff would support the request due to topographic and design constraints of the site, and as a reslut of past county approval of MDP 1 -82 which expresses the legislative Intent as to the extent of the commercial area for the site. However, we have specific concerns over the detail of several of the text changes. First, the amendment to Sections 2.24.341.056 and .057 pertaining to floor area of individual uses and for the entire district should be revised. The district's purpose would be better accomplished by establishing general floor area requirements for individual uses and the district, rather than as part of the permitted use section. This alternative would also bring the Neighborhood Business District consistent with the County's official Zoning Ordinance. Second, we disagree with changing the district area from 4 to 8 acres. Generally, staff finds that a neighborhood commercial district can be accomodated on a 5 acre site. However, we also are of the opinion that establishing a district's size as part of the zoning ordinance is inappropriate and Section 2.24.341.600 should be deleted from the zone text and included as a policy In the Birch flay Comprehensive Plan. As Illustrated by this project, an ordinance specifying the exact size of a district is too restrictive to accomodate unique contraints. The size of a particular district should be determined through the legislative process with the comprehensive plan policies acting as an overall guide to maintain consistency. Further, this modification would also bring the Birch Bay plan and zoning established in 1977 consistent with the County's current land use planning program. The Planning Department's recommended text amendments appear on Attachment 1. -7- Ifr � !f0 ll. 4 t e r O f 4• 1 W M 0.7,•A A, O , s�. Ul •4 elf Is �Aq .. s ....J _ 2 0 0 •o �o _ A040 L. L L.9 R� IA 10 _ — - - _ - _ Tf4cT'0' �• j 4W 41 54 'NW4NA` t Ani` 1 ' caw .0,44V 1 se el '�t 1 V. rid •' 1 _. tr ! 16 �NAiql��orhoAod • �o � ' � ,A ,• � Exlstlr� � pa �� ,� >> •.�.. p�pased T.4.. Tex 0 . ���►� ian ' T lo 4 v •, � r V l• • °o • �• F IGUO 1 '. pct..: jjS ff 7j RD f + I�:.. �� i. v � • -. biNCU r.V - irHbE.N NUwM I i OR m ` SOH RM' 07 30 ra1 107 ! • � I Rom., ROB O , 5�71'I�`1� - —cvr`• 31 _ R r RMQ 7 64 Gp / I / NRi�h�orhood 9�aineya Qia r►r� Sites AA �/ •,� A WArb0v V i ew Road ,NBA ! % y► _ 4 .43 AI Avrwo Road ._. -.��4 - aura, a *.y Mpriru+ FIGUU 2 Attachment 1 Proposed Staff Zoning and Comprehensive Plan Amendments As a Result of Navus Management, Inc. Requests I. NEIGHBORHOOD BUSINESS DISTRICT ZONE TEXT .050 PERMITTED USES The following uses are permitted in an existing commercial building: .051 Retail grocery stores of up to 6;A00 square feet in total floor spaee. .052 Drug stores of up to 6j00 square feet in total floor spaee. .053 Hardware stores of up to Bf999 square feet in total floor spaee. .054 Barber and beauty shops. .055 Laundromat. .056 Other retail uses consistent with the district purpose provided that floor spaee does not eneeed ", 00 square feet. .150 CONDITIONAL USES .156 Eatim and Drinking Establishments .600 648E OF 9%TR4GT MAXIMUM BUILDING SIZE Neighborhood business series sha44 be no larger than four (0 aeries and no smaller than one 4� aerew .601 Maximum allowable floor area shall not exceed 6,000 square feet per individual use allowed in the District, .602 The aggregate floor area of all buildings within each Nei Business zone district shall not exceed 30,000 square feet. II. NEIGHBORHOOD BUSINESS COMPREHENSIVE PLAN DESIGN POLICIES Neighborhood business zone districts should be no larger than five (5) acres and no smaller than one 1 acre. October 12, 1983 File Ref: CM 1 -83 ZM 1 -83 ZT 043 WHATCOM COUNTY PLANNING DEPARTMENT STAFF REPORT ADDENDUM Introduction: The Planning Commission, on September 20, 1983, held a public hearing for the above referenced comprehensive plan and Interim Zoning map amendments, and text changes to the "Neighborhood Business District" of the Interim Zoning Ordinance as proposed by Navus Management, Inc. At the applicant's request, the Commission continued the hearing until October 18, 1983, in order to consider a new text amendment proposed by the applicant. Subsequently, the applicant has submitted a new text amendment which requires an advertiged public hearing due to the substantive changes. Request: Navus Management, Inc. has modified it's proposed text amendment to totally revise the "Neighborhood Business District" text with the text of the "Neighborhood Commercial District" of the Official Whatcom County Zoning Ordinance, Title 20 (see Addendum Attachment 1). The general change$ of the text amendment would be as follows: Purpose Statement: Proposed text would omit defining service area at 1 or 2 miles, requirement for conditional use permit, and location criteria. Uses: Proposed text amendment would add baker shop, stationery store, professional offices, laundry and dry cleaning, and eating and drinking establishments. It would omit institutional uses, marinas and launching ramps, and accessory indoor dining facilities which are allowed by the present zone and development standards for service stations. Lot Size: The amendment would reduce minimum lot size from 6,000 square feet to no specific lot size. District aizes would be changed from 4 acres to nothing specified. Maximum Building Size: Maximum floor area for each permitted use would not be changed while conditionally permitted uses would be reduced from no maximum size to 6,000 square feet per use. The amendment would establish a maximum total floor area for a district of 30,000 square feet. The existing zone does not specify a maximum floor area but, based on lot coverage requirements and 4 acre district size, building coverage of over 87,000 square feet could be allowed. Setbacks: Front yard - same; Side yard - same within the district, but would increase from 10 to 25 feet when next to another district; Rear yard - would be reduced from 15 to 10 feet unless next to another district, then increased from 15 to 25 feet. Lot Coverage: The amendment would reduce lot coverage from 50 to 30%. Open Space: The amendment would establish a new provision. Develo ment Standards: Facility design, off street parking and loading, and ewa c pros one wou d be new. Performance Standards: Proposed standards which pertain to explosive material, noise, and emissions are new. Statutory Provisions: Pursuant to RCW 36.70.380 and .390, a notice of the public hearing has been advertised in the Westside Record - Journal on October 5, 1983, wherein the time, place and purpose of said hearing was so stated. The SEPA requirements will be met prior to the County Council decision. Summary Discussion: Generally, the proposed amendment would be consistent with the policies of the Birch Bay comprehensive plan since it would provide for small retail facilities and personal service establishments which would serve the needs of neighboring residents. Further, the design considerations of the plan are embodied in the proposed text amendment. However, we question whether professional offices would conform with retail and personal service establishments serving the needs of neighboring residents; particularly when these offices could be 6,000 square feet in size. We are also concerned that uses allowed by other convenience retail stores would be consistent with the intent of the plan since there is no provision relating it to the plan policies or purpose statement as there is in the existing text. Further, the amendment would omit specific service area and location criteria as well as criteria for the district's size. The proposed amendment would not have a substantial adverse change on the scale and type of development allowed in the district. Use activities would be expanded to provide a more diverse set of land uses which may occur in a neighborhood business zone district. These expanded activities would not create a substantial change in impacts when compared with uses allowed in the existing none district. Impacts on soils, drainage, geology and other natural systems are more dependent on size and location of a use rather than type of uses. is we indicated in the original staff report, impacts that the additional uses would have on such services as fire protection, law enforcement, traffic, sewer and water would be similar to current uses allowed in the neighborhood business zone. Potential compatibility issues would also be addressed by the text amendment but in a different manner. Generally, the existing text attempts to resolve those issues primarily through the conditional use permit process with certain development standards pertaining to screening also being established. The text amendment attempts to address the compatibility issues by expanding the development and performance standards. In particular, proposed maximum floor area sire requirements for a district would ensure that the scale of development would be compatible with the surrounding non - commercial area. Further, with appropriate amendments certain uses which create unique compatibility problems would be conditionally permitted in the district in order to address any potential problems. Recommendation: Generally, staff would support adoption of the amendment with certain reservat ons. In our opinion it would not be appropriate to adopt Title 20 to the Maine -Birch Bay Subarea at this time. The attendant comprehensive plan update which establishes locational criteria, etc. would not be adopted by the proposed action. Further, the action would apply Title 20 to a minor portion of the Blaine -Birch Bay Subarea which may create administrative as well as consistency problems. The Department would support amending the Interim Zoning Ordinance to adopt a text similar to the "Neighborhood Commercial District" zone of Title 20 provided that several changes to the plan and zoning text are inade to ensure the intent of the Birch Bay plan is carried out. The proposed permitted use "other convenience retail stores ", should specify the use be consistent with the comprehensive plan policies. Professional offices should be provided as a conditional use so that the facilities can be reviewed for consistency with the comprehensive plan policies as well as for potential compatibility impacts (i.e. traffic, scale, etc.) with surrounding non - commercial areas. In addition, the "Neighborhood Business's plan policies should be amended to include appropriate district size, location criteria and if found appropriate by the Commission, service area criteria. We are of the opinion that since these criteria currently appear in the "Neighborhood Business District" text, the addition of the criteria in the comprehensive plan policies would be administrative in nature and could be done without a new application. ADDENDUM ATTACHMENT 1 J. 2q.6O.010�2A.60.151 Chapter 2.0.60 NEW PROPOSED CHANGES TO BIRCH BAY PLAN " EIGIigA�F104A OOSif� S"': Tq.''AI�IGH QRNaAQ COMMCRPI4" 20.60.010 NEW PROPOSED PURPOSE The purpose of the Neighborhood Commercial 'District is to provide for small, concentrated land areas intended for retail sales of convenience goods and services to persons residing within a neighborhood trade or service area. An additional purpose of the District is to provide developmental standards aimed at achieving cohesive, coordinated 4evel9pment within this District 20.60.050 NEW PROPOSED PERMITTED USES The following per{nitted uses shall be admiaistered pursuant to the applicable Provisions of the Whatcom County SEPA Ordinance,' the Whatcom County Subdiv1514R., ArOin4ng0, Ond the W 440 CopntX 'Shnreli!,k Managewnt Program. .Q� Or shop... _ .054 .Prup storg. Q�.G Ha r�r�a re s ��►re r .A58 Statianar�r store• �, '� .047 Qther;ogveRipnpe retail Stored not groter than 250Q square feet. 20.50.100 NEW PROPOSED ACCESSORY USES . . .1Q�: .Single family dwe�li�Ss. ,' 20.60.150 NEW PROPOSED CONDITIONAL USES Unless otherwise provided herein, conditional uses shall be :administered ursuant to the applicable provisions of Chapter 20.80 (Supplementary Requirements and Chapter 20.$4 (Yariance4, Conditional Uses and Appeals) of the'Official Whatcom County Zoning Ordinance, the Whatcom County SEPA Ordinance,'the official Whatcom Compty Syh0iYisj9q R,r�1{�aiac4 and, the Wh tc�m gpu.ntY Shoreline Management Progrem. X751 .Service statin��: . . r. 6159 and Ary cleaning establishments. .153 Eating and drinking establishments. 20.60.200 NEW PROPOSED PROHIBITED USES All Qther uses. 20.60.250 NEW PROPOSED MINIMUM LOT SIZE The minimum lot size Shall be consistent with the area required to meet the Building Setb4ci$ �.Qt gpyer4ge, and povelopment S 404 rds of this pistrict. 20.60.300 NEW EROPOSED MAXIMUM BUILDING SIZE flcar :ea�ll.nut,�,�,.9�!l$;".;fi,`.. 1,0004441 use a lowed in the District. .302 The aggregate floor area of all buildings within each Neighborhood Gwmiercial Bonn 44trict shall. god pxceed 3,Q,001 0 sgyare feet. 20.60.350 NEW PROPOSED BUILDING SETBACKS ' Building setbocks'shall be administered pursµant to Sectign 90.$0.2p0 of the Official Whetcom C9untj.4oninq Qrdinanec. ; 20.60.400 NEW PROPOSED HEIGHT LIMITATIONS Maximum building height shall not pxceod twepty -fiVC (25) feet. 20.60.450 NEW PROPOSED LOT COVERAGE Buildings or structures shall not occupy more than thirty percent (30 %) of a parcel. 20.60.500 NEW PROPOSED OPEN SPACE At least fifteen percent (15 %) of the site shall be kept free.of buildings,. Wt P tyrgs* hard.sorfiging► parking arc #§ and. oppr ippe rYipus sprfaces. 20.60.550 NEW PROPOSED BUFFER AREA When parcel situated, within this District adjoin an Urban Residential. Residential -Rural or Rural districtt side and agar y4rd setbacks shall be inc.rpasaO to *WY-fiyp 05) feet. 20.60.600 NEW PROPOSED SIGN REGULATIONS Sign regulations shall Oe administered pursu4nt to Section 2Q.BQ, §AQ of the Official Whotcw Coot, Zoning Qr4in4nce. 20.60.650 NEW PROPOSED DEVELOPMENT STANDARDS .b5j. Facility Design: Individual development within a Neighborhood Commercial zone str ct s 411 be desigped t4 4ccomnod4te additional commercial Ove- lppment on 404ocent propertj 19 ap integrated manner.' Consistent IJ L IJ architectural treatment among structures is encouraged. Each development shall screen roof mounted 59 46 not to be vis4ole Oy surrounding uses'qr roads, Landscaping.: A landscape plan, pursuant to Section 20.80.610 of the Officiol Whotcom County Zoning Ordinance, shall be submitted to the Zoning Admi ni s tro tpr fqr oproyo.1, UP PlAp 041). confirm t9 the fQllpwinq regOrwots, (1) Fifteen, (15) feet within the front yard setback and situated adjacent to the road shall be used only for landscaping, walkways and signs. Tho rol PA in0er of the front lord setback may be used for Oicyqle parking. Screening shall be provided for buildings, storage areas and parkipq areas which abut non- commercial or pan-inqwstrifl districts, If fence 'Ifiss -than (6) feet nor more than seven (7) feet in height; and it shall be supplemented by a planting strip of veget4tion, At least four (4) feet in Width, 64ch'vesetA�ian q (3) Fencos and wells shall 00 kept in good vFqe,- xwp,.Q sfto 1 oc ropi ow wwiopixv Off-street parking and loading,,, 11, Rl - Far vehicular parking or driveways A lowed r intgripr lots. no vehic shall 44 Al hetweeh More and public right-of.Wq and for corner lots, f!o'P.4rking Qr driveway §h4l] op 41loWoo betW go 4 404 - w 9. q - the OQO� dy-44 A Oicyclp pqrking 4re4 at a rate of one space. per ong-thousand (10,900) sq4aro ftot of floor area or 4 minipw r m 9f one space, whichever 1s, .greater, shall bq proyiOe4'for each use, Each bicycle parking space shall consist of 4 rack Qr 90rON44re dP siqtj fd o r 'the. loc� 0 (3) If two or more Owsjnes4o$ adjoin each other are pthtrwip 00900 And developpd Ina cparoipated fAshiqp'as determined by;thp Zo(ling'AAmini itr4tqr in order to utilize shared. parking facilltiess then the total number of required parking spaces for all the usesilivolved shall be reduced by 3a% or not le§x th4p 5 space Except As provided in this sectiop, off-street parking and loading Shall Oo' 401nistered pwrsu4pt 4nce. Sidewalks: 514ewolg§ 4411 Po JP00.10 pmw4pt W the roquir#lwrlt� # 0q, Y tip noor Drainage; Drainage plans shall be reviewed and approved by the County' Engineer# wswot to of tN Pon NOOCCA C9404 "3- I 4 . §56 Driveways: Pursuant to Section 20.8O.640 of the Official Whatcom County Zoning ordinance, driveway plans shall be reviewed by the County Engineer or State Reprtm nt of Highw4y4r e5 applipale and approved ay the County Cowl! ... .657 Access; Access shall conform to the provisions of Section 20,80.600 of the :.official What om Cpoty Zoning Ordinance, .6h$ Lighting: Lighting shall be designed to avoid accessive glare onto neighboring Prpper�ties, and. to not creme safp,t� hazords.or unreasonable intprforel�co wjfp adjacent yses. .6 9 Binding Site Plan;. Should the commercial u$e be developed as ppart of a bindings to pan, it shall be administered pursuant to Title 19 of the Whatcom countl pPde Sp di on Re liw .at. $ bpd. additional roquirementS, � as.,applicabl'e...�:.w, �. :,� � � .,,..�,..;.:�..: �;;.;�.�1��.:_- ..: .,,s, ".r •..><.> . 20.60.700 NEW PROPOSED PERFORMANCE STANDARDS Tha;fgllgwi,ng prQy.isipps shall aRpj�.�fa 411 9s9,; within W.s uistrict: .791 There shall be nq storage or handling of h4z4rdous. explosive, highly flom+aple, pterials which would cause fire, explosion. or safety hazards, except. the staragp. gnd. dispnin9 .Pf . gasoa j.np in service stations,. . . .709 " "..There shall be'nq�prodvction of noise at. any property line of any use irk,,' thi; pistrict, .jin':ppess of thg''a,Yq.r #ge �nte�•�it>� of st�gat end traffic POOP 040411. 4.41.PWrict, •703'. There ow qp . 'pmossian pf oot'p �,irx od.9rs* smokes or tolcic gases and ,744- .There shall be Rq:prgduttion of hedt, glare pr vihratipq perceptible from nar propertyeI no of toe QCe�if,p pq which spch haat,' 9 rp.� .gar vipratipn .705 There shall be no storage or merchandising outdoors.r _ _ .... ... .. .r... �, .y M� r:rtA �'Y''C:.'. •'w '.!': r'. 1.'!':.t'.4'� J'_r' � � � .r/. ,. _ .'l.rl .". N S IT E PLAN SCALE i 1"=200 SW-M BAY VLLUX COMPREHENSIVE PLAN AND REZONE EXISTING ZONES NS NEIGHBORHOOD BUSINESS S4 SUflURBAK NOTE: ENTIRE SITE IS ZONED S4 THE BAY CLUB AT BIRCH BAY, WASH'NGTON m A & B - Sites recommended to be redesignated from "Suburban" to 'Tleighborhood Business" on the Birch Bay Comprehen- sive Plan and rezoned from "Suburban District -4 famil- ies per acre" to 1T1ei hbpr- hood Commercial District` Exhibit 4 RECOMMENDED TEXT AMENDMENTS TO THE INTERIM ZONING ORDINANCE CHAPTER 2.24.341 AND THE BIRCH BAY COMPREHENSIVE PLAN NEIGHBORHOOD BUSINESS POLICIES 1. Proposed text for Chapter 2.24.341 of the Interim Zoning Ordinance (See Appendix 1 of this Exhibit for the current text of Chapter 2.24.341). 2.24.341 NC NEIGHBORHOOD COMMERCIAL DISTRICT .010 PURPOSE The purpose of the Neighborhood Commerical District is to provide for small, concentrated land areas Intended for retail sales of convenience goods and services to persons residing within a neighborhood trade or service area. An additional purpose of the District is to provide developmental stanadards aimed at achieving cohesive, coordinated development within this District and achieving compatibility between commercial and surrounding residential uses. .050 PERMITTED USES The following permitted uses shall be administered pursuant to the applicable provisions of the Whatcom County SEPA Ordinance, the Whatcom County Subdivision Ordinance, and the Whatcom County Shoreline Management Program. .051 Barber and beauty shops. .052 Baker shop. .053 Drug store. .054 Food market. .055 Hardware store. .056 Stationary store. .057 Other convenience retail stores and professional offices not greater than 2,500 square feet. .100 ACCESSORY USES .101 Single family dwellings.. .150 CONDITIONAL USES Unless otherwise provided herein, conditional uses shall be administered pursuant to the applicable provisions of Chapter 2.24.600 (Supplementary Requirements) and Chapter 2.24.160 (Variances, Conditional Uses and Appeals) of the Interim Zoning Ordinance, and the Whatcom County SEPA Ordinance, the Official Whatcom County Subdivision Ordinance and the Whatcom County Shoreline Management Program. .151 Service station. .152 Laundry and dry cleaning establishments. .153 Eating and drinking establishments. .250 PROHIBITED USES All other uses. .300 MINIMUM LOT SIZE The minimum lot size shall be consistent with the area required to meet the Building Setback, Lot Coverage, and Development Standards of this District. .320 MAXIMUM BUILDING SIZE .321 Maximum allowable floor area shall not exceed 6,000 square feet per individual use allowed in the District. .322 The aggregate floor area of all buildings within each Neighborhood Commercial zone district shall not exceed 30,000 square feet. .350 BUILDING SETBACKS .351 Front yards shall be twenty -five (25) feet. The setback shall be measured from the edge of the existing road right -of -way; provided that, the Zoning Administrator shall ascertain whether or not the setback should be adjusted to reflect; 1) a change in street classification; 2) the potential for change as a result of adopted laws, or street, neighborhood or comprehensive plans; or 3) scheduled road widening. .352 Rear yards shall be ten (10) feet. Side and rear yard setbacks shall be increased to twenty -five (25) feet for those parcels situated adjacent to a residential district. .400 HEIGHT LIMITATIONS Maximum building height shall not exceed twenty -five (25) feet. .450 LOT COVERAGE Buildings or structures shall not occupy more than thirty percent (30%) of a parcel. .500 OPEN SPACE At least fifteen percent (15%) of the site shall be kept free of buildings, structures, hard surfacing, parking areas and other impervious surfaces. .550 BUFFER AREA When one or more parcels situated within this District adjoin a residential zone district, side and rear yard setbacks shall be increased to twenty -five (25) feet. .600 SIGN REGULATIONS .601 Single face signs placed on walls or eves of business establishments shalt not exceed thirty (30) square feet. .602 One free stainding sign is permitted for each Neighborhood Commercial zone district. Each sign shall not exceed sixty (60) square feet with a maximum height of ten (10) feet. .603 Lighted signs shall only be internally or indirectly illuminated. .604 Reader board signs shall be allowed for tenant Identification only, and merchandise or price special advertising shall be prohibited. .650 DEVELOPMENT STANDARDS .651 Facility Design: Individual development within a Neighborhood Commercial zone district shall be designed to accommodate additional commercial development on adjacent property In an integrated manner. Consistent architectural treatment among structures is encouraged. Each development shall screen roof mounted mechanical equipment so as not to be visable by surrounding uses or roads. .652 Landscaping: A landscape plan, pursuant to Section 2.24.600.651 of the Interim Zoning Ordinance, shall be submitted to the Zoning Administrator for approval. The plan shall confirm to the following requirements: .653 (1) Fifteen (15) feet within the front yard setback and situated adjacent to the road shall be used only for landscaping, walkways and signs. The remainder of the front yard setback may be used for bicycle parking. (2) Screening shall be provided for buildings, storage areas and parking areas which abut non - commercial or non - industrial districts. If screening consists of a fence or wall, it shall not be less than six (6) feet nor more than seven (7) feet in height; and it shall be supplemented by a planting strip of vegetation, at least four (4) feet in width. Such vegetation shall not obstruct necessary vision of pedestrian and vehicular traffic. (3) Fences and walls shall be kept in good repair, and dead or dying vegetation shall be replaced immediately. Off - Street parking and loading: (1) For interior lots, no vehicular parking or driveways shall be allowed between a store and public right -of -way and for corner lots, no parking or driveway shall be allowed between a store and the right -of- way of the store fronts. (2) A bicycle parking area at a rate of one space per one thousand (1,000) square feet of floor area or a minimum of one space, whichever is greater, shall be provided for each use. Each bicycle parking space shall consist of a rack or other structure designed for the lock -up of a bicycle. .705 There shall be no storage or merchandising outdoors. 2. Proposed Text Amendments to the Neighborhood Business Policies of the Birch Bay Comprehensive Plan. NEIGHBORHOOD BUSINESS GENERAL The following uses are considered acceptable in this area upon approval of a Planned Unit Development or other type of review, as appropriate: 1. Retail facilities limited to services or sales of items that supply the daily personal needs of neighboring residents. 2. Public or quasi - public services. It is suggested that the development in this area be limited to small retail stores and personal service establishments. A maximum of four such areas should be o considered for the total Birch Bay Area, the precise location to be determined by growth patterns in the area. A market study should be required. DESIGN A landscaped buffer strip should be provided between this area and adjacent residential areas. A maximum two -story height should be considered, contingent upon the preservation of view of the adjacent properties. Multiple driveway access to arterial roads should be discouraged. Adequate offstreet parking and loading should be provided, preferably in common, at each center. Indiscriminate location of new businesses along arterials should be curtailed; new Neighborhood Business areas should be approximately five (5) acres in size located at intersections of two arterial roads, and centrally located to serve planned residential neighborhoods. Signs should be controlled to protect adjacent property values and community appearances, and to enhance traffic safety. (3) If two or more businesses adjoin each other are otherwise designated and developed in a coordinated fashion as determined by the Zoning Administrator in order to utilize shared parking facilities, then the total number of required parking spaces for all the uses involved shall be reduced by 30% or not less than 5 spaces per retail establishment, whichever is greater. (4) Except as provided In this section, off- street parking and loading shall be administered pursuant to Section 20.80.700 of the Official Whatcom County Zoning Ordinance. .654 Sidewalks: Sidewalks shall be installed pursuant to the requirements of the County Engineer. .655 Drainage: Drainage plans shall be reviewed and approved by the County Engineer, pursuant to Section 2.24.600.653 of the Interim Zoning Ordinance. .656 Driveways: Pursuant to Section 2.24.600.654 of the Interim Zoning Ordinance, driveway plans shall be reviewed by the County Engineer or State Department of Highways, as applicable and approved by the County Council. .657 Access: Access shall conform to the provisions of Section 2.24.600.656 of the Interim Zoning Ordinance. .658 Light: Lighting shall be designed to avoid accessive glare onto neighboring properties, and to not create safety hazards or unreasonable interference with adjacent uses. .659 Bindings Site Plan: Should the commercial use be developed as part of a binding site plan, it shall be administered pursuant to Title 19 of the Whatcom County Code (Subdivision Regulations) and additional requirements, as applicable. 20.60.700 PERFORMANCE STANDARDS The following provisions shall apply to all uses within this District. .701 There shall be no storage or handling of hazardous, explosive, highly flammable materials which would cause fire, explosion, or safety hazards, except the storage and dispensing of gasoline in service stations. .702 There shall be no production of noise at any property line of any use in this District in excess of the average intensity of street and traffic noise found in the District. .703 There shall be no emission of dust, dirt, odors, smoke, or toxic gasses and fumes. .704 There shall be no production of heat, glare or vibration perceptible from any property line of the premises upon which such heat, glare or vibration is being generated. Appendix 1 of Exhibit 4 Existing Chapter 2.24.341 of The Interim Zoning Ordinance SECTION 341 2.24.341 NB NEIGHBORHOOD BUSINESS DISTRICT �.. .010 PURPOSE To provide small areas for retail sales of convenience goods, primarily to residents living within one to two miles of the district. The permitted businesses sell products or provide services which are needed frequently, in small quantities, and often during times outside of normal business hours. Floor space of commercial structures is restricted to insure that business remains on a neighborhood basis. All new build- ings are subject to special review under the conditional use process. Total-area-of the zone is limited to that area sufficient to carry out its purpose. These zones may be located on relatively minor arterial streets and highways as the amount of traffic generated is expected to be small. These zones should not be located closer than on* mile to any other commercial zone. .050 PERMITTED USES The following uses are permitted in an existing commercial building: .051 Retail grocery stores of up to 6,000 square feet in total floor space. .052 Drug stores of up to 6,000 square feet in total floor space. .053 Hardware stores of up to 6,000 square feat in total floor space. .054 Barber and beauty shops. .055 Laundromat. .056 Other retail uses consistent with the district purpose provided that floor space does not exceed 2,500 square feet. .100 ACCESSORY USES .101 Residential occupancy of upper floors of commercial structures by the owner or operators and their families. .102 Offstreet parking to serve a permitted or conditional use. .103 Indoor dining facilities accessory to a grocery, drug store, or service station, provided there shall be an additional parking space for every four (4) units of seating capacity. JAM 9 3 1918 SECTION 341 `J .150 CONDITIONAL USES .151 Utility development, provided that service or outdoor storage facilities are not permitted. .152 Institutional uses which are compatible with the pur- pose, and permitted uses of this and immediately adjacent zones. .153 Automobile service stations, provided the following minimum standards are satisfied; (1) The service station is to be limited to two pump islands with no more than three pumps at each island. (2) The leading edge of the pump island shall not be closer than twenty -five (25) feet to the road right -of -way line. (3) A landscaped area shall be provided parallel to the street; this area shall be developed with f shrubs and trees not more than ten (10) feet apart. Landscaping shall be installed not more than one year after a building permit is granted. Land- scaping shall not obstruct necessary vision of traffic, vehicular and pedestrian. A landscape plan shall be submitted for approval of the Zoning Officer, and a bond or other performance guarantee posted, in accordance with procedures outlined in Section 2.24.600.651. (4) No service station shall be used exclusively for automobile repair work, and automobile body repair is specifically prohibited. .154 Marinas and public or commercial launching ramps. .155 All permitted uses listed in Paragraph .050,when con - struction of a new building is required. .250 PROHIBITED USES .251 Sauna bath facilities, massage parlors, body painting studios, and photography studios which provide live models for lewd purposes. (1) Any business or establishment where lewd films are publicly exhibited as a regular course of business, or possessed for the purpose of such exhibition; (2) Any business or establishment where a lewd film is publicly and repeatedly exhibited, or possessed for the purpose of such exhibition; ins 3 19A SECTION 341 (3) Any business or establishment in which lewd publi- cations constitute a principal part of the stock in trade. .252 Any use not listed as a permitted, accessory, or condi- tional use, unless such use is customarily and clearly accessory to such allowed uses.. .300 MINIMUM LOT SIZE Lot Size: A permitted or conditional use shall have a site of at least 6,000 square feet. .350 SETBACKS .351 Front yards shall be twenty -five (25) feet; provided that where existing buildings on immediately adjacent lots along the same road frontage have lesser front yards, the front yard requirement shall be the same as the average of the front yards of said adjacent buildings; provided further that in no case shall a front yard be less than ten (10) feet. The fifteen (15) feet of a front yard closest to the road shall be used only for landscaping, driveways, walkways, and signs as provided in Paraqraph .550; the balance of any front yard may be used for park- ing. A front yard shall be maintained from all adjacent public roads. .352 Rear yards shall be fifteen (15) feat. .353 Side yards shall not be required where abutting a busi- ness, commercial, or industrial zone; in other cases, at minimum of ten (10) feet shall be provided. .354 Shore setbacks shall be as required in the County Shore- line Management Program; provided that a setback of fifteen (15) feet shall be maintained from ordinary high water mark of all significant water bodies. .400 LOT COVERAGE Maximum Lot Coverage: Total area covered by buildings shall not exceed fifty percent (50 %) of lot area. .450 HEIGHT LIMITS .451 When measured by Method A, building height shall not exceed twenty -five (25) feet. .452 When measured by Method B, building height shall not exceed fifteen (15) feet. .500 PARKING REQUIREMENTS .501 Offstreet parking shall be provided in accordance with the requirements of Section 9.24.620. JAM 13 on SECTION 341 ,1 .502 Offstreet loading facilities shall be provided in accor- dance with the requirements of Section 2.24.620. .550 SIGNS .551 On premise signs for business uses are permitted, subject to the following provisions: (1) One free - standing sign for each use, not to exceed ten (10) feet in height, surface area of such sign shall not exceed sixty (60) square feet. (2) One wall sign for each street frontage; surface area of such sign shall not exceed sixty (60) square feet. .552 General Stanards: (1) Signs must be non - moving, non - fluttering, and non - rotating; internal lighting, floodlighting, neon tubing, and similar lighting is permitted provided that the light source is constant. , (2) Pennants, banners, small lights, and similar deco- rations of a seasonal, holiday, or special event character are allowed for up to ninety (90) days per year. (3) Free- standing sign setbacks shall be no less than ten (10) feet from the property line. (4) Temporary signs applied to the inside of windows are permitted, provided that such signs do not cover more than twenty -five percent (25%) of the surface of any window. .553 Sign Control Exemptions: Exemptions shall be as provi- ded in Section 2.24.600.630. .600 SIZE OF DISTRICT Neighborhood business zones shall be no larger than four (4) acres and no smaller than one (1) acre. .650 GENERAL REQUIREMENTS .651 Landscaping: A landscape plan for all permitted and conditional uses except single family, two family, and three family dwellings shall be submitted to the Zoning Officer for his approval. The plan shall meet the requirements of Section 2.24.600.651, and shall include that portion of the front yard required to be landscaped under terms of paragraph .351 of thid Section. In addition, the landscape plan shall provide for screening of buildings, storage areas, and parking areas from all abutting zones other than business, commercial, or industrial. If such screening consists of a fence or wall, it shall be not less than six (6) feet nor more !� .IAN X 3 WN SECTION 341 than seven (7) feet in height, and shall be supplemented by a planting strip, with vegetation, at least four (4) feet in width, on the outside of the screening. Vegeta- tion may be used as screening, provided that it is at least three (3) feet in height at time of planting and is designed to provide a visual barrier at all times during the year. Such vegetation shall not obstruct necessary vision of pedestrian and vehicular traffic. Fences and walls shall be kept in good repair and dead or dying vegetation shall be replaced immediately. .652 Miscellaneous Standards (1) All uses must be conducted entirely within a fully enclosed building, except in the came of service to customers which may be rendered outside the building, but in all cases, storage shall be entirely inside fully enclosed buildings. (2) Lighting shall be so designed as to avoid excessive glare into neighboring properties, nor present a safety hazard or an unreasonable interference to adjacent uses. (3) Drainage and driveway standards set forth in 2.24.600.653 and .654 shall be met. (N8 District adopted 01- 23 -78) ,U 3$ IN