Chapter 28.69 — C-M COMMERCIAL MANUFACTURING ZONE

The following regulations shall apply in the C-M Commercial Manufacturing Zone unless otherwise provided in this chapter. This zone strives to provide a desirable living environment by preserving and protecting surrounding residential land uses in terms of light, air and existing visual amenities. (Ord. 2585, 1957; Ord. 3710, 1974; Ord. 4005 §19, 1979)

• A. Any use permitted in the C-2 Zone and subject to the use restrictions and limitations contained in that zone, except that any such use specifically mentioned hereafter shall be subject to the restrictions of the C-M Zone.

• B. Any of the following uses, provided that such operations, manufacturing, processing or treatment of products are not obnoxious or offensive by reason of emission of odor, dust, gas, fumes, smoke, liquids, wastes, noise, vibrations, disturbances or other similar causes which may impose hazard to life or property:

  1. Automobile body shop.

  2. Automobile paint shop.

  3. Bakery goods manufacturing.

  4. Boat building and repairing and machine shop.

  5. Building contractor and material storage.

  6. Cabinet shop.

  7. Canvas and canvas products manufacturing.

  8. Car wash.

  9. Cement products manufacturing.

  10. Cleaning and dyeing.

  11. Clothing products manufacturing.

  12. Draying and truck yard or terminal.

  13. Electronics products manufacturing.

  14. Emergency Shelters in compliance with Chapter 28.79 .

  15. Equipment and trailer rental and storage.

  16. Food products manufacturing.

17. House moving.

18. Laundry.

19. Lumber yard.

20. Machine shop.

21. Plating works.

22. Produce warehouse.

23. Research and development establishment and related administrative operations.

24. Rug cleaning.

25. Sheet metal shop.

26. Sign manufacturing.

27. Storage warehouse.

28. Tire retreading.

29. Veterinary hospital.

30. Other businesses and occupations that are substantially similar to the uses enumerated above, as determined and documented by the Community Development Director in a manner similar to the substantial conformance determination process provided in the adopted Planning Commission Guidelines.

• C. Accessory buildings and accessory uses.

• (Ord. 3120, 1966; Ord. 3398, 1970; Ord. 3710, 1974; Ord. 5459, 2008; Ord. 5662, 2014)

• A. Maximum Building Height. No building in this zone shall exceed a height of four stories, nor shall any building exceed a height of 60 feet.

• B. Community Benefit Projects. Notwithstanding the maximum building height specified in subsection A above, no building constructed in this zone after the effective date of the ordinance enacting this chapter shall exceed a height of 45 feet unless the project qualifies as a Community Benefit Project or a Community Benefit Housing Project, and the Planning Commission expressly makes all of the following findings:

  1. Demonstrated Need. The applicant has adequately demonstrated a need for the project to exceed 45 feet in building height that is related to the project's benefit to the community, or due to site constraints, or in order to achieve desired architectural qualities;

  2. Architecture and Design. The project will be exemplary in its design;

  3. Livability. If the project includes residential units, the project will provide amenities to its residents which ensure the livability of the project with particular attention to good interior design features such as the amount of light and air, or ceiling plate heights;

  4. Sensitivity to Context. The project design will complement the setting and the character of the neighboring properties with sensitivity to any adjacent federal, state, and City Landmarks or any nearby designated Historic Resources, including City-designated Structures of Merit.

• C. Buildings Adjacent to Residential Zones. The building height of a building which will be immediately adjacent to a residential zone shall not exceed the height allowed in the most restrictive adjacent residential zone for that part of the structure constructed within a distance of 30 feet or one-half the height of the proposed structure, whichever is less, provided, however, a project which qualifies as a Community Benefit Project or a Community Benefit Housing Project under subsection B above need not comply with this requirement.

• D. Timing and Procedure for Projects Requiring the Planning Commission Building Height Findings.

  1. Conceptual Design Review. Prior to the Planning Commission considering an application for a Community Benefit Project or a Community Benefit Housing Project pursuant to this section, a project shall receive

conceptual design review by the Historic Landmarks Commission or the Architectural Board of Review as required by Title 22 .

2. Planning Commission Consideration of Findings.

   • a. Design Review Projects. If a project only requires design review by the ABR or HLC under Title 22 , the Planning Commission shall review and consider the building height findings of this section after conceptual design review and before consideration of the project by the HLC or ABR for Project Design approval.

• b. Staff Hearing Officer Projects. If a project requires the review and approval of a land use permit by the Staff Hearing Officer, the Planning Commission shall review and consider the building height findings after conceptual design review pursuant to Title 22, but before the preparation of a full application for the consideration of the land use permit by the Staff Hearing Officer.

  - c. Planning Commission Projects. If a project requires the review and approval of a land use permit by the Planning Commission, the Planning Commission shall review and consider the building height findings after conceptual design review pursuant to Title 22, but before the preparation of a full application for review by the Development Application Review Team (DART) and before the consideration of the land use permit by the Planning Commission. 
  
  - d. Appeals from the Planning Commission Determination. A decision of the Planning Commission regarding the building height findings is appealable to the City Council pursuant to the provisions of Chapter **1.30** of this code. 
  

• (Ord. 2585, 1957; Ord. 3710, 1974; Ord. 4005 §20, 1979; Ord. 5630, 2013)

The following setback requirements shall be observed on all lots within this zone:

• A. Front setback. A front setback of not less than the indicated distance shall be provided between the front lot line and all buildings, structures and parking on the lot as follows:

  1. Nonresidential or mixed use buildings, structures and parking: No setback required.

  2. Exclusively residential buildings, structures and parking: R-3/R-4 front setback requirement.

• B. Interior setback adjacent to nonresidential zone. An interior setback of not less than the indicated distance shall be provided between an interior lot line that abuts a nonresidentially-zoned parcel and all buildings, structures and parking on the lot as follows:

  1. Nonresidential or mixed use buildings or structures: No setback required.

  2. Exclusively residential buildings or structures: R-3/R-4 interior setback requirement.

  3. All parking and driveways: No setback required.

• C. Interior setback adjacent to residential zone. An interior setback of not less than the indicated distance shall be provided between an interior lot line that abuts a residentially-zoned parcel and all buildings, structures, and parking on the lot as follows:

  1. All buildings and structures: 10 feet or one-half the building height, whichever is greater.

  2. Residential parking and driveways: R-3/R-4 interior setback requirements.

  3. Nonresidential or mixed use parking and driveways: five feet, landscaped. In addition, a minimum six-foothigh solid fence or decorative wall shall be provided along the property line abutting a residentially-zoned parcel, except where such fence or wall will interfere with traffic safety or would be inconsistent with the provisions of Section 28.87.170 . However, the requirement for a fence or wall may be reduced or waived by the design review body that reviews the project.

• (Ord. 5459, 2008)

None, except all buildings or portions thereof used exclusively for dwelling purposes shall comply with the provisions of the R-4 Zone.

(Ord. 2585, 1957; Ord. 3710, 1974)

None, except all buildings or portions thereof used exclusively for dwelling purposes shall comply with the provisions of the R-4 Zone.

(Ord. 2585, 1957; Ord. 3710, 1974)

Any lot in this zone developed exclusively for residential use or developed with a mixed use development shall provide outdoor living space in accordance with the provisions of the R-3/R-4 Zone as stated in Section 28.21.081 . (Ord. 5459, 2008)

Development plan review and approval by the Planning Commission are sometimes required by Chapter 28.85 . (Ord. 4140, 1982; Ord. 5609, 2013)

Notwithstanding any provision of law to the contrary, no application for a land use permit for a nonresidential construction project will be accepted or approved on or after December 6, 1989 unless the project complies with the provisions outlined in Development Plan Approval, Chapter 28.85 . (Ord. 4670, 1991; Ord. 5609, 2013)