21.46.900 Other regulations.
A. Refuse and Recycling Collection Areas and Enclosures. On-site paved and enclosed refuse recycling collection areas shall be provided on sites where new buildings are being constructed or existing buildings are being remodeled or expanded, and shall comply with the requirements of this section. One-family dwelling units, two-family dwelling units, and public parks are exempt from the requirements of this section.
1. Development Standards. Refuse and recycling collection areas in all commercial zones shall comply with the development standards below. The following development standards shall supersede other applicable setback requirements of this chapter and any Lynnwood Citywide Design Guidelines, as adopted by reference in LMC 21.25.145(B)(3), that may conflict:
a. Set back a minimum of 25 feet from a public street;
b. Set back a minimum of 25 feet from any interior property line adjoining an RS or RM zone or a P-1 zone with one-family dwelling units if a business site is one acre or larger in area; or
c. Set back a minimum of 15 feet from any interior property line adjoining an RS or RM zone or a P-1 zone with one-family dwelling units if a business site is less than one acre in area.
2. Enclosure. All refuse and recycling collection areas shall be enclosed on three sides by a six-foot-high sight-obscuring fence which uses building materials, color, and design details similar to the primary buildings on the site and a six-foot-high gate on one side. The height of the enclosure may include the height of a surrounding slope or berm (height measured from bottom inside edge of the collection area). The enclosure shall include a gate which can be secured in an open or closed position. If the enclosure includes a gate made of metal chain link fencing, the fencing shall contain slats which screen the view of containers and materials inside the collection area. An alternative design may be approved if it is determined that such alternative would provide equal or better screening, architectural compatibility, and containment.
3. Parking. No refuse and recycling collection area shall be located in such a way that new or existing parking stalls will prevent or interfere with the use and servicing of the collection area.
4. Design. Refuse and recycling collection areas shall be sized, located, and constructed per standards established by the public works department.
B. Procedural Requirements for Proposed Rezoning to the Neighborhood Commercial Zone (NC). The minimum and maximum area specified in LMC 21.46.200(A) shall apply to all future rezones to the Neighborhood Commercial (NC)) zone.
In addition, the applicants shall provide such market information as may be required by the planning commission or city council in determining whether the proposed development will promote the general welfare of the city. Businesses which are nonconforming in another zone but which would be conforming if zoned Neighborhood Commercial (NC) may be rezoned Neighborhood Commercial without regard to the minimum and maximum area, upon a finding that such a rezone would be in the public interest and/or the businesses in question would be consistent with the general intent of the Neighborhood Commercial zone.
C. Requirements for Development of Properties in the General Commercial (CG) Zones.
1. Plans. Shopping centers or other multi-store retail developments in the General Commercial zones shall be subject to the same site plan and utility plan requirements as are required in the Neighborhood Commercial (NC) zone. The plan shall include a landscaping plan as per LMC 21.46.210(B); provided, however, that an alternate arrangement to LMC 21.46.210(B)(2)(d) may be approved by the planning commission if it finds that the alternate plan would be more effective in meeting the stated objectives of LMC 21.46.210(B).
2. Site Utilization. Unless the site plan provides for full utilization of the lot or parcel, the utilized part shall be officially divided from the remainder under the city subdivision regulations and the subdivision shall conform to all normal subdivision requirements. As a condition of the subdivision, the city may require that all parcels of the subdivision have common access to public streets.
D. Surface Water Management. All building permit applications and site plans required herein shall provide adequate facilities for the management of surface water.
E. Elimination of Nonconforming Uses. All site plans shall provide for the elimination of nonconforming uses. (Ord. 3233 § 29, 2016; Ord. 3010 § 5 (Exh. A), 2013; Ord. 2441 § 14, 2003; Ord. 2388 § 37, 2001; Ord. 2020 § 19, 1994; Ord. 1911 § 2, 1992; Ord. 1790 § 4, 1990; Ord. 1686 § 2, 1989; Ord. 1359 § 4, 1983; Ord. 963 § 1, 1978; Ord. 522 § 3, 1969)