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A. Required Conditions. All uses permitted in this zone shall be subject to the following conditions:

1. All goods produced on the premises shall be sold at retail on the premises, except as provided herein.

2. Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matter, or water carried waste.

3. No service station or other establishment where motor fuel or lubricating oils are stored or motor services are rendered, may be located within 300 feet of any property upon which a place of worship, school, hospital, institution, theater, or public assembly seating over 50 persons, is located, and said distances shall be measured on a straight line or air line from the outer boundary or property line in the one instance to the nearest property or boundary line.

4. Outdoor Storage and Merchandise Display Requirements.

a. The total area allowed for outdoor storage and/or merchandise display shall be less than five percent of the total gross square footage of the subject store; provided, however, that 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 on 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 tree sales lots) shall be exempt from the requirements for this section.

5. On-site hazardous waste treatment and storage facilities as defined in MICC 19.16.010 are permitted as an accessory use to a permitted use in this zone. These facilities must comply with the state siting criteria as adopted in accordance with Chapter 70.105 RCW.

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; provided, animal hospitals and clinics shall be structurally enclosed.

6. Office uses.

7. Service stations.

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

15. Social service transitional housing, as provided in MICC 19.06.080.

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

17. Accessory uses customarily incidental to a principal use permitted outright in this section.

18. Hotels/motels and multiple-family dwellings.

19. Decorating shops.

20. Employment agencies.

21. Printing establishments and newspaper printing presses.

22. Public garages and auto repair shops.

23. Sales rooms or storerooms for motor vehicles and other articles of merchandise.

24. Telephone exchanges or telegraph offices.

25. Preschools, nursery schools and day care centers, subject to the following conditions:

a. Such facilities shall meet all applicable safety and licensing laws and requirements.

b. All outdoor play areas shall be adequately fenced.

26. Adult entertainment, subject to the following conditions:

a. The point of public entry into the structure housing the business shall be at least 800 feet from the property line of any R or MF zoned property; from the boundary of the area designated as “proposed landscaping” on Figure 6 of the final EIS (Volume I) for I-90; or from the property line of any property containing one or more of the following uses: single- or multiple-family dwelling, retirement home, preschool, nursery school or day care center, publicly owned park or open space, recreational area (commercial, noncommercial or private), public or private primary or secondary school, religious institution, governmental building, or an establishment which caters primarily to minors.

b. No adult business shall be located closer than 400 feet to another adult business. Such distance shall be measured by following a straight line from the nearest point of public entry into the proposed adult business to the nearest point of entry into another adult business.

c. Point of public entry into adult businesses shall not be located along 78th Avenue SE or along primary pedestrian corridors.

d. Window or exterior displays of goods or services which depict, simulate, or are intended for use in connection with specified sexual activities as defined by this title are prohibited.

C. Structure Setback Requirements. All structures shall have a minimum setback from any public right-of-way of 10 feet; except, service station pump islands which shall have a setback from the street line of at least 15 feet to provide for safe access or egress to or from such street.

D. Building Height Limit. Maximum allowable building height shall be the lesser of (1) three stories or (2) 36 feet, calculated using the method described in MICC 19.11.030(A)(3). (Ord. 19C-21 § 1 (Att. A); Ord. 03C-08 § 7; Ord. 99C-13 § 1).