DATE: February 27, 2001
TO: Councilmember Fred Fowler
FROM: Trudi Ryan through Robert LaSala
RE: Commercial/Industrial Development Adjacent to Residential

A study issue was recommended this year to analyze project review practices for commercial and industrial developments located adjacent to residentially zoned properties. That study issue fell below the line in ranking; however, this information is provided to you to increase your understanding of current practices.

The attached summary provides an overview of the Municipal Code requirements and other practices used by staff for reviewing the development and operations of commercial and industrial uses when they are adjacent to residentially zoned properties. The specific Municipal Code sections are provided in parenthesis.

If you have any questions regarding the summary, please contact me at 730-7435.

cc: Mayor Walker and City Councilmembers

Increased setbacks are required for commercial and industrial zoned properties adjacent to residential uses:

• Setbacks are increased from 25 feet in the front and 0 on the side and rear yards to 100 feet in industrial zones (19.34.070).
• Setbacks are increased to from 0 to 5 feet on the side and 10 feet in the rear for commercial zones (19.34.110).

• Side yards are increased by three feet for each story above the first (19.34.080(a)).
• Setbacks are required to be sufficient to allow no interference with solar access on adjacent properties (19.52.020).

Building height requirements are limited for commercial and industrial zoned zoning districts within 75 feet of a single family property line:

• Height is limited to 25 feet when adjacent to single story residential.
• Height is limited to 30 feet when adjacent to two-story residential (19.32.040).

All projects and uses within the City are required to operate in accordance with adopted noise standards. Noise or sound level shall not exceed fifty dBA during nighttime or sixty dBA during daytime hours at any point on adjacent residential property. (19.42.030 (a)).

It is also unlawful to make nighttime deliveries to a commercial or industrial establishment if the loading and unloading area of the establishment is adjacent to a property in a residential zoning district except for legal businesses operating before 1995. (19.42.030(c))

Lights, spotlights, floodlights, reflectors, and other means of illumination shall be shielded or equipped with special lenses in a manner to prevent any glare or direct illumination on other properties (19.42.050).

Lighting pole heights are often limited as a Condition of Approval for discretionary projects when pole height may have a negative effect on adjacent properties.

Ground vibration generated or produces on the premises shall not be perceptible at any point on the property line without the use of a special measuring instrument (19.42.060).

No property may operate or permit activity that is obnoxious or offensive or creates a nuisance to occupants or commercial visitors of adjacent buildings or premises by reason of emission of dust, fumes, glare, heat, liquids, noise, odors, smoke, steam, vibrations or similar disturbances (19.42.020(a)).

No loudspeakers or sound amplifiers or instruments can be operated to project beyond a building or out-of-doors between the hours of 10:00 p.m. and 10:00 a.m. except as allowed during public events with a permit from Public Safety (9.48.010).

The use of loudspeakers (such as at car dealers) is typically prohibited by Condition of Approval through discretionary permits.

A standard Condition of Approval for discretionary permits adjacent to residential uses restricts truck deliveries, parking lot sweeping, garbage pick up to the hours of 7:30 a.m. – 6:00 p.m. weekdays and Saturdays and not at all on Sundays or national holidays.

For all work being performed on industrial and commercial properties within the City, hours for construction are limited to prevent nuisance (16.08.150). Work performed by contractors may occur Monday through Friday from 7:00 a.m. to 6:00 p.m. Saturday work may occur from 8:00 a.m. to 5:00 p.m. No activity is allowed on Sundays or national holidays.

No loud environmentally disruptive noises, such as air compressors without mufflers, continuously running motors or generators, loud music etc. will be allowed where it may be a nuisance to adjacent properties.

Waivers to these requirements may be allowed subject to approval by the City Building Division or under emergency conditions.

Minimum landscape buffer requirements are used between commercial/industrial properties and residential uses (19.38.070 (e, 1-3)):

• The buffer shall maintain a width of at least 10 feet.
• The buffer shall include a decorative masonry wall 6 feet in height. The height of the wall may be increased as a Condition of Approval on discretionary projects.
• The buffer shall include a planted screen of trees and shrubs.

Four-sided enclosures are required to fully screen a recycling and trash receptacle from public view. Enclosures are not allowed in setback areas unless approved by a use permit (19.38.030(a)).

All exterior mechanical, electrical or other type of equipment whether installed on the ground, roof or walls is required to be screened from view from adjoining properties or streets (19.38.020). Screening is required to be architecturally compatible with the building where it is constructed.

Return to RTC# 02-395