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A. The purpose of the planned business zone (PBZ) is to provide a location for a mix of small scale, neighborhood oriented business, office, service, public and residential uses in high quality, coordinated developments which are compatible with adjacent residential areas. Development in the PBZ will be subject to requirements and design standards as further set forth herein.

Provided, that transit service is available, a sheltered transit stop and associated parking (transit center) shall be a public benefit feature encouraged in the PBZ. Appropriate incentives for the inclusion of a transit center in the PBZ shall be established by the design commission in conjunction with review and approval of a PBZ site plan and major new construction.

B. Uses Permitted.

1. Government services, utilities, and museums and art exhibitions.

2. Day care.

3. Healthcare services.

4. Personal services.

5. Professional, scientific, and technical services.

6. Office uses.

7. Service stations; provided, open spaces in this zone may not be used for storage, display, or sale of used vehicles or equipment.

8. Repair services.

9. Theaters.

10. Restaurants, cafeterias, catering.

11. Retail stores.

12. Financial and insurance services.

13. Commercial recreational areas; provided, teen dances and teen dance halls as defined herein are not permitted uses.

14. Single-family dwellings limited to single-family detached, single-family semi-detached, townhouses, and patio homes.

15. Commercial public storage facilities, including screened outdoor storage and indoor storage and accessory caretaker office/residence; provided, such use shall not abut 84th Avenue SE or SE 68th Street.

16. Special needs group housing as provided in MICC 19.06.080.

17. Social service transitional housing, as provided by MICC 19.06.080.

18. Wireless communications facilities subject to the conditions set out in MICC 19.06.040.

C. Location Criteria and Size of Zone.

1. Location of Planned Business Zone. A PBZ may be established and shown on the map portion of this code only if authorized by the comprehensive plan, and only within the general area of authority shown on the map portion of the comprehensive plan. The zone shall abut upon at least one major arterial street.

2. Size of PBZ. A PBZ district shall be at least five acres in area; provided, this does not restrict the size of individual lots in the PBZ.

D. Development Standards – General.

1. Buffer Requirements. All structures and off-street parking shall be set back from the perimeter property line of the PBZ as follows:

a. Adjacent and parallel to 84th Ave. SE: 75 feet.

b. Adjacent and parallel to SE 68th St. for 200 feet east of the intersection of SE 68th Street and 84th Avenue SE: 35 feet.

c. Beginning from a point 75 feet east of the southwest corner of the zone east to a point 345 feet from the southwest corner:

75 feet for nonresidential uses.

25 feet for residential uses.

d. The remainder of the zone: 25 feet.

Zero feet where the boundary is adjacent to the fire station and utilities substation.

e. The buffers may be modified to allow expansion or modification of the service station use at the corner of 84th Avenue SE and SE 68th Street through the PBZ site plan review process. This review shall provide conditions that assure compatibility with adjacent uses including, but not limited to, landscaping which screens objectionable views, light, glare and noise, as required by the design commission.

2. Landscaping Requirements. Required yards shall be landscaped, the landscaping to include incorporation of existing landscaping along with new shrubs and trees making the planned business zone compatible with surrounding uses and controlling objectionable views, glares or noise as further specified in the design standards. The installation and maintenance of such landscaping may be secured by a bond to the city in a reasonable amount if required by the Design Commission.

3. Minimum Open Space Requirements. Subject to review by the design commission, a minimum of 15 percent of the PBZ shall be maintained in open space, including buffers and setbacks.

4. Sign Requirements. Signs shall conform to the applicable subsections of MICC 19.12.080, Signs.

5. Outdoor Storage and Merchandise Display. Outdoor storage and/or display of merchandise is allowed as an accessory use to a permitted use in this zone, other than public storage facilities, housing for persons with handicaps, and single-family dwellings; provided, the storage or display area meets the following conditions:

a. The total area allowed for outdoor storage and/or merchandise display shall be no more than five percent of the total gross square footage of the subject use; provided, such area may exceed five percent if it is fenced or screened in a manner acceptable to the design commission;

b. Stored and/or displayed materials shall not obstruct fire lanes;

c. The stored and/or displayed materials shall be attractively and safely displayed, and remain within the area specified for such display;

d. Bulk (uncontained) materials shall be stored less than 24 hours;

e. Items stored on a site during construction and temporary uses approved by the code official (e.g. Christmas trees sale lots) shall be exempt from the requirements of this subsection.

6. Division of Land. The approval of a PBZ site plan as set forth in subsection H of this section showing the proposed parcel development and specific building locations is intended to satisfy the criteria for a variance in MICC 19.08.020(B) and division of parcels greater than four acres into four or fewer lots is permissible through a short subdivision.

7. Modification of Development Standards. It is the intention of this PBZ to encourage superior development proposals and toward that end, deviation from the development standards set forth in this section may be authorized when the design commission or the code official (whichever is appropriate to review the deviation) finds that, compared to such development standards, the deviation would advance the achievement of the stated purposes of the PBZ district and the spirit and intent of the design standards.

8. Relationship to Other Code Provisions. To the extent that other development standards are in conflict with those herein, the PBZ standards shall control.

E. Development Standards – Nonresidential.

1. Building Height Limit. No nonresidential structure shall exceed 36 feet in height, calculated using the method described in MICC 19.11.030(A)(3).

2. Minimum Parcel Area Requirements. There shall be no minimum parcel size for nonresidential uses.

3. Parking Requirements. All nonresidential uses permitted in this zone shall comply with the parking requirements set out in MICC 19.04.040.

F. Development Standards – Residential.

1. Criteria for Residential Units. The intent for residential development in the PBZ is for a variety of housing units smaller in size than the surrounding neighborhood, developed in a planned and coordinated manner. Except as otherwise provided in this section, no residential units shall be located under or over another unit or within a commercial structure.

2. Building Height Limit. No residential building shall exceed 30 feet in height, calculated using the method described in MICC 19.11.030(A)(3). Antennas, lightning rods, plumbing stacks, flagpoles, electrical service leads, chimneys and fireplaces and other similar appurtenances may extend to a maximum of five feet above the height allowed for the main structure.

3. Parcel Area Requirements. For all residential parcels, the average parcel size shall be 7,200 square feet, including access driveways and other amenities included in residential parcels. Dedicated open space may be counted toward the average parcel size.

4. Gross Floor Area and Lot Coverage. For all residential parcels, the gross floor area ratio shall not exceed 45 percent of the lot area and the lot coverage shall not exceed 35 percent of the lot area; provided, no residential buildings shall exceed 2,800 square feet, including garage. Exceptions to the lot coverage shall be allowed as established in MICC 19.15.040.

5. Yard Requirements.

a. For residential parcels fronting on 68th Street SE, each building site shall have front, side and rear yards not less than the following:

i. Front yard depth: 20 feet;

ii. Rear yard depth: 25 feet;

iii. Side yard depth: The sum of the side yards shall not be less than 15 feet; provided, no side yard abutting an interior lot shall be less than five feet and no side yard abutting a street shall be less than 10 feet.

b. For all other residential parcels, there shall be no minimum standards for yards, except for the perimeter buffer requirements as established in subsection (D)(1) of this section.

c. Where the perimeter buffer and the parcel setback overlap, the setback will be determined by either the buffer or the setback requirements, whichever one is greater.

6. Maximum Number of Residential Units.

a. The maximum number of residential units allowed in the PBZ shall be 30.

b. The maximum number of attached units in any single building shall be four.

G. Design Requirements.

1. Design Review for Major New Construction.

a. Site Plan Design Review. All proposals for major new construction in the PBZ shall conform to a site plan (PBZ site plan) filed with the community planning and development department and approved by the design commission in accordance with the PBZ development standards set forth in subsections D, E, and F of this section and the design standards. In approving the PBZ site plan, the design commission shall utilize the procedures specified in MICC 19.15.220.

b. Development Proposal Design Review. In addition to the PBZ site plan approval, specific development proposals for major new construction shall be reviewed by the design commission for compliance with the PBZ site plan, the PBZ development standards set forth in subsections D, E, and F of this section, and the design standards.

In approving a development proposal for major new construction, the design commission shall utilize the procedures specified in MICC 19.15.220. At the option of the applicant, the PBZ site plan approval may proceed in advance of or concurrently with the review of specific development proposals.

2. Design Review for Minor Modifications. The community planning and development department shall review minor exterior modifications to buildings or structures in the PBZ and minor modifications to the PBZ site plan for compliance with the development standards and the design standards. If the community planning and development department determines that the modification is of great significance it may refer the modification to the design commission.

3. Design Review Process. Review and approval of site plan review and major new construction shall conform to the public notice and hearing requirements as established in MICC 19.15.100.

H. Division of Land through Binding Site Plan.

1. Application. Property that contains the following types of development in the PBZ may be divided through a binding site plan process as set out in RCW 58.17.035:

a. A division of lots or parcels when the use is a permitted light industrial or commercial use in the PBZ; and/or

b. A division of land made by subjecting a portion of a parcel of land to Chapter 64.34 RCW (Condominium Act) for the purpose of creating condominiums parcels.

2. Binding Site Plan Requirements.

a. If major new construction is proposed concurrent with the binding site plan, approval of a PBZ site plan is required. If no new construction is proposed, a binding site plan may be approved solely by the planning commission. Where a PBZ site plan has been approved by the design commission, the planning commission shall use such approved PBZ site plan as the basis for the approval of the binding site plan.

b. Submittal of an application for a binding site plan shall be in compliance with application requirements established by the community planning and development department. Binding site plans shall be drawn to a scale of one inch equals 20 feet and shall include the design of any lots or building envelopes and the areas designated for landscaping and parking. The application shall contain all conditions, covenants, easements and restrictions for use of the land. Setbacks shall not be applied to internal lot lines; provided, residential yard requirements shall be maintained in accordance with subsection (F)(5) of this section.

c. The binding site plan is subject to review and approval by the planning commission and subject to the public notice and hearing processes as established in MICC 19.15.100.

d. A copy of an approved binding site plan shall be filed for record with the county auditor. Prior to recording, the applicant shall submit the original binding site plan mylar to the community planning and development department for signatures. One reproducible copy shall be furnished to the community planning and development department after recording.

e. Approved binding site plans shall be binding and all provisions, conditions, and requirements of the binding site plan shall be legally enforceable on the purchaser or any person acquiring a lease or ownership interest of any lot or parcel created pursuant to the binding site plan. A sale, transfer, or lease of any lot or parcel created pursuant to the binding site plan that does not conform to the requirements of the binding site plan approval shall be considered a violation of this code and shall be restrained by injunctive action and shall be illegal as provided in Chapter 58.17 RCW, Plats, Subdivisions Dedications.

f. Amendments to or vacations of an approved binding site plan shall be made through the process outlined in this section for the original binding site plan. (Ord. 19C-21 § 1 (Att. A); Ord. 04C-08 § 8; Ord. 03C-08 § 5; Ord. 01C-06 § 1; Ord. 99C-13 § 1).