21.46.119 Limitations on uses – Other uses

21.46.119 Limitations on uses – Other uses.

A. Wireless Communication Facility. A conditional use permit for a wireless communication 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 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 outside 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 building environment. 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.

B. Self-Service Storage Facilities in Commercial Zones. Self-service storage facilities have characteristics in common with both commercial uses and industrial uses. This subsection provides regulations to appropriately site self-service storage facilities in certain commercial zones while maintaining the desired character and function of those zones. In general, self-service storage facilities generate low levels of vehicular and pedestrian activity and do not contribute to the vitality of a commercial area compared to other commercial uses. Historically self-service storage facilities have visually resembled industrial facilities, but some recently constructed facilities have featured designs compatible with higher quality commercial development. If designed appropriately as stand-alone multistory structures that emulate the exterior architecture of residential or multifamily or as components located within larger multistory office or residential structures, self-storage uses may be located without adversely impacting comprehensive plan goals, zoning district intent or the surrounding neighborhood. Thus, self-storage uses in commercial zones shall adhere to the additional development standards articulated in this chapter.

a. Where this chapter provides for self-service storage facilities upon property zoned CG, self-service storage facilities are permitted only within multistory structures designed to emulate multifamily or office buildings.

b. Where this chapter provides for self-service storage facilities upon property zoned CC or ACC, self-service storage facilities are permitted as an accessory use, and may occupy no more than 20 percent of the property’s building floor area. With the exception of the business office and loading/unloading facilities, self-service storage facilities shall not be permitted upon the ground or street level of the multistory building.

c. Permitted Activities. The only activities permitted in individual storage units shall be the rental of the unit and the pickup and deposit of goods and/or property in dead storage. Storage units shall not be used for activities such as:

i. Residences, offices, workshops, studios, hobby or rehearsal areas;

ii. Manufacturing, fabrication, or processing of goods, service or repair of vehicles, engines, appliances, or other electrical equipment, or any other industrial activity;

iii. Conducting retail sales of any kind including garage or retail sales or auctions or to conduct any other commercial activity;

iv. Storage of flammable, perishable or hazardous materials or the keeping of animals.

d. Accessory Uses. Accessory uses such as the rental of trucks, trailers or moving equipment (hand carts, jacks and lifts, etc.), the installation of trailer hitches, or the sale of boxes or packing materials are permitted only if they are otherwise permitted in the zone in which the facility is located, and shall meet all use and development standards of the commercial zone.

i. Self-service storage facilities located in commercial zones shall not operate or allow tenant access between the hours of 10:00 p.m. and 7:00 a.m. if the site abuts a Class A EDNA, as defined in Chapter 10.12 LMC, Noise.

ii. The director may permit extended hours of operation if the facility operator demonstrates that due to facility design or other factors the facility will not have significant noise impacts on the adjacent Class A EDNA property. The burden of proof is on the facility operator.

iii. Nothing in this section overrides or supersedes any requirement of Chapter 10.12 LMC and all restrictions of Chapter 10.12 LMC apply even during allowed hours of operation.

f. Outdoor Storage Prohibited. Within commercial zones, all goods and property stored in a self-service facility shall be stored in an enclosed building. No outdoor storage of boats, RVs, vehicles, etc., or storage in outdoor storage pods or shipping containers is permitted.

2. Development Standards. All development standards of the commercial zone in which the facility is located apply unless the standard is superseded by regulations in this subsection.

i. All storage units shall gain access from the interior of the building(s) or site – no unit doors may face the street or be visible from off the property.

ii. If the facility abuts residentially zoned property, the facility loading bays, docks or doors shall not be visible from the residential property.

iii. Electrical service to storage units shall be for lighting and climate control only. No electrical outlets are permitted inside individual storage units. Lighting fixtures and switches shall be of a secure design that will not allow tapping the fixtures for other purposes.

b. Additional standards for self-service storage facilities in the commercial zones as outlined in Table 21.46.12 subject to the following limitations:

i. The facility shall be located in a multistory building.

ii. Loading docks, entrances or bays may not be located on a street-facing side of a building and shall be screened from residential uses.

3. Design Standards. Design review shall be required for all new construction and expansions of self-service storage buildings to ensure the development has a high quality design and is appropriate to the desired character of the zone it is located in and the adjacent neighborhood. Self-service storage facilities shall meet the requirements of Chapter 21.25 LMC, Project Design Review, and the following requirements:

a. Fences and Walls. Fences and walls including entry gates shall be constructed of high quality materials and shall be compatible with the design and materials of the building(s) and site. The design guidelines for fences and walls and the following provisions shall apply to self-service storage facilities:

i. Decorative metal or wrought iron fences are preferred.

ii. Chain-link (or similar) fences, barbed or razor wire fences and walls made of precast concrete blocks are prohibited.

iii. Fences or walls are not allowed between the main or front building on the site and the street.

iv. Street-front landscape areas required by the design guidelines or elsewhere in this code shall not be fenced.

b. Ground and Upper Floor Facades. Ground floor and upper floor facades for self-service storage facility buildings in commercial zones shall meet the following requirements:

i. The ground floor transparency requirements of the commercial districts design guidelines shall also apply to each floor above the ground floor of a self-service storage facility building that is visible from a street or from a residentially zoned area.

ii. The ground floor on rear or side facades facing residential areas do not have to meet subsection (B)(3)(b)(i) of this section if they are effectively visually screened from view from the street or nearby residential uses by a transition or landscape strip.

iii. The design guidelines for treating blank walls and for opaque walls in the design shall apply to the upper floors of self-service storage buildings.

iv. In order to promote visual compatibility with commercial and multifamily development allowed in commercial zones, self-service storage facilities buildings shall incorporate architectural and design features common to commercial and/or multifamily development. Examples of such architectural and design features include: massing, proportion; facade modulation; exterior building materials and detailing; varied roof line; pedestrian scale; fenestration; repetition; etc.

c. Street Entrance. The business office of self-service storage facilities in commercial zones shall have a pedestrian entrance facing the street.

i. This entrance shall be considered the “main” or “principal” entrance to the building for the purpose of the design guidelines or other sections of this chapter even if the majority of customers using the facility enter through loading docks, bays, doors or other side or rear entrances.

ii. This entrance shall meet the design guideline prominent entrance requirements.

d. Materials. Self-service storage facility buildings shall be surfaced in high-quality materials. Unfaced concrete block, painted masonry, tilt-up and precast concrete panels and prefabricated metal sheets are prohibited. Prefabricated buildings are not allowed.

e. Design Departures. In addition to the requirements for design departures in Chapter 21.25 LMC, the director shall find that a request for approval of a design departure will not cause the development or the use to be inconsistent with the desired character of the zone on which it is located or have negative impacts on surrounding uses. (Ord. 3258 § 20, 2017; Ord. 3233 § 25, 2016; Ord. 3010 § 5 (Exh. A), 2013; Ord. 2947 § 6, 2012; Ord. 2441 § 14, 2003; Ord. 2065 § 8, 1995; Ord. 2020 § 19, 1994; Ord. 1963 § 2, 1993; Ord. 1758 § 5, 1990)