Chapter 19.52
DOWNTOWN COMMERCE DISTRICT, D-C

Sections:

19.52.010 Purpose of district.

19.52.020 Uses permitted.

19.52.030 Uses permitted only after approval and grant of a special property use permit by the city council.

19.52.040 Environmental performance standards and general limitations.

19.52.050 Nonconforming uses.

19.52.060 Special regulations.

19.52.070 Area and dimensional requirements.

19.52.080 Fronting on street – Requirement.

19.52.090 Parking.

19.52.100 Signs.

19.52.110 Historic preservation.

19.52.010 Purpose of district.

(1) The primary purpose and objective of the downtown commerce (D-C) district is to enhance, promote and maintain the business and commercial uses of the downtown commercial core area of the city.

(2) It is the further purpose of this district to:

(a) Ensure land use compatibility among business, commerce and residences in terms of permitted uses, building height, bulk, scale;

(b) Provide for a business and commercial area in the central commercial core of the city that reflects its unique historical heritage; and

(c) Ensure that development occurs consistent with the goals, policies and implementation strategies of the Longview Comprehensive Plan and the policies of the Comprehensive Strategy for Downtown Longview Plan.

(3) It is also a purpose of this chapter to ensure consistent administration of the provisions hereof, and to authorize only the city council, with the advice of the planning commission, to grant special property uses within this district. (Ord. 2798 § 1, 2001).

19.52.020 Uses permitted.

In the downtown commerce district, D-C, no building or premises shall be used, nor shall any building or structure be hereafter erected or altered except for one or more of the following uses:

(1) Apartments above the first story of commercial buildings;

(2) Duplicating, mailing and stenographic services; printing and publishing;

(3) Retail bakeries;

(4) Retail stores for the sale of new and used goods and merchandise;

(5) Repair service shops for the repair or servicing of household and personal equipment, electronic equipment, small appliances, TV and stereo, shoes, etc.;

(6) Restaurants, cocktail lounges, taverns, cafes, cafeterias, take-out lunch stands, and confectionery shops, in which a group of people less than 50 in number at the same time is anticipated; drive-through facilities shall only be allowed as an accessory use that is appurtenant or incidental to the principally permitted uses;

(7) Professional office services, such as insurance agencies, engineering and architectural services, stock brokerages, title insurance companies, legal services, real estate offices and business and management consulting services;

(8) Offices of physician, optometrist, dentist, chiropractor, or other medical professional;

(9) Personal service facilities, such as barbershops and beauty parlors, exercise and reducing salons, travel agencies, photographic studios, laundry and dry cleaning, launderettes;

(10) Personal professional service uses, such as medical clinics; rehabilitation services, counseling services, alcohol and drug dependency treatment and counseling services, when located above the ground floor (street level) of all buildings;

(11) Banks, trust companies, credit unions and other financial institutions;

(12) Theaters, dancehalls, skating rinks, swimming pools, bowling alleys and other lawful commercial amusement and entertainment activities (excluding gambling casinos, card rooms, bingo parlors, horse-racing satellite facilities for pari-mutuel betting and video arcades);

(13) Incidental or minor manufacturing facilities in connection with retail stores, subject to the provisions of LMC 19.52.040(1);

(14) Museums, botanical and zoological gardens, public plazas, performing and cultural arts studios;

(15) Off-street parking lots and garages;

(16) Hotels and motels, convention centers and auditoriums;

(17) Sidewalk businesses in accordance with LMC 12.30.090 through 12.30.140;

(18) Storage of business records and files, and of inventory held for resale, within buildings and above the ground floor (street level) or in the basement thereof;

(19) Small animal clinics or veterinary hospitals with retail shop or office in connection therewith where the medical care and services administered to animals occur only within the confines of the principal structure located on the premises; and further provided, that refuse disposal meets the minimum standards of all applicable health requirements;

(20) Tents for special event sales by local retail merchants; provided, that such tents are erected on the same property on which the merchant has his regular place of business or on a parking lot adjoining the merchant’s regular place of business to which the merchant’s customers normally have access. All tents are subject to the following:

(a) Any such tent is fire-retardant and meets all applicable life safety and access requirements of LMC Title 18,

(b) That special sales are limited to a total of not more than 30 days in any calendar year per business, and not more than 10 successive days per sales event. Events held at a host location shall be included in the host business’s total allowable special event sale days, and

(c) Approval for such special event sale has first been granted by the city manager and the administrative fire chief;

(21) Other uses similar to any of the above, as determined by the director of community and economic development. (Ord. 2936 § 1, 2005; Ord. 2798 § 1, 2001).

19.52.030 Uses permitted only after approval and grant of a special property use permit by the city council.

The following uses may be permitted in the D-C district only after the grant of a special property use permit by the city council, following a public hearing conducted by the planning commission and/or the city council:

(1) Bus terminals and stations, transportation and transit facilities;

(2) Public facilities and services including government buildings and offices, administrative offices of government agencies, governmental and social service organizations, public or governmental housing authorities;

(3) Primary and secondary schools, private schools, vocational or technical institutions and colleges, dancing schools or studios, gymnasiums and related athletic, sports-training, or martial arts facilities or schools;

(4) Telecommunications structures and equipment, subject to the provisions of Chapter 16.75 LMC;

(5) Group homes and other social service agencies providing 24-hour residential care;

(6) Halfway houses;

(7) Fraternal clubs and lodges and similar membership organizations;

(8) Gambling casinos, horse-racing satellite facilities for pari-mutuel betting, card rooms, bingo parlors and video arcades;

(9) Day care facilities for the care of children exceeding 12 in number, subject to state and local building code and fire regulations;

(10) Multiple-family residential developments (mixed use);

(11) Any property use to be conducted on the basement level, or floor levels above the ground floor (street level), of any building for the assembly or gathering of people for any purpose in a room of any size, in which a group of people greater than 50 in number at the same time is anticipated.

In considering the grant of such special property use as provided in this subsection (11), the planning commission shall not recommend approval of and the city council shall not grant such special property use permit unless the planning commission and/or the city council finds:

(a) That the use for which such permit is sought will not be injurious to the district or otherwise detrimental to the public health, safety, and general welfare; and

(b) That adequate off-street parking will be available to serve the needs of such use, and the parking of vehicles in connection with such use will not cause congestion of public streets or off-street parking facilities and will not unreasonably interfere with the use of off-street parking for commercial and residential purposes;

(12) Any property use to be conducted on the ground floor (street level) of any building for the assembly or gathering of people for any purpose in a room of any size, in which a group of people greater than 50 in number at the same time is anticipated.

In considering the grant of such special property use as provided in this subsection (12), the planning commission shall not recommend approval of and the city council shall not grant any such special property use permit unless the planning commission and/or the city council finds:

(a) That the use for which such permit is sought will not be injurious to the district or otherwise detrimental to the public health, safety, and general welfare; and

(b) That adequate off-street parking will be available to serve the needs of such use, and the parking of vehicles in connection with such use will not cause congestion of public streets or off-street parking facilities and will not unreasonably interfere with the use of off-street parking for commercial and residential purposes; and

(c) That the use will not unreasonably interfere with or inhibit retail commerce and trade, and that such use will not create a situation in which more than 20 percent of the aggregate lineal platted lot frontage within the same block and on the same side of the street is permitted to be used for a purpose not described in LMC 19.52.020;

(13) Personal professional service uses, such as medical clinics, rehabilitation services, counseling services, alcohol and drug dependency treatment and counseling services, when located on the ground floor (street level) of all buildings. (Ord. 2883 § 1, 2004; Ord. 2798 § 1, 2001).

19.52.040 Environmental performance standards and general limitations.

Every use permitted within the D-C district shall be subject to the following general limitations and standards:

(1) No use, activity, or equipment shall be permitted that creates a nuisance or is offensive, objectionable, or hazardous by reason of creation of excessive odors, noise, sound, vibrations, electrical and/or magnetic interference, dust, dirt, smoke, or other pollutants, noxious, toxic, or corrosive fumes or gases, radiation, explosion or fire hazard, or by reason of the generation, disposal, or storage of hazardous or dangerous wastes or materials in a manner inconsistent with RCW Title 70 as presently constituted or as may be subsequently amended;

(2) Accessory uses are permitted that are customarily appurtenant or incidental to the principally permitted uses;

(3) Except as otherwise permitted, all uses shall be conducted within an enclosed structure. (Ord. 2798 § 1, 2001).

19.52.050 Nonconforming uses.

The lawful use of the land or premises existing on February 1, 2001, may be continued; but if such nonconforming use is discontinued for a period of six successive calendar months, any further use of such land or premises shall be in conformity with the provisions of this chapter. The mere presence of a structure shall not be deemed to constitute the continuance of a nonconforming use unless the structure is actually occupied and employed in maintaining such use. (Ord. 2798 § 1, 2001).

19.52.060 Special regulations.

The following special regulations apply to certain uses and locations within the D-C district:

(1) Multiple-family residential and commercial development (mixed use) shall be allowed in the D-C district; provided, that no residential uses may be located on the ground floor (street level). Mixed use projects adjacent to single-family uses shall not be permitted except pursuant to a special property use permit. (Ord. 2798 § 1, 2001).

19.52.070 Area and dimensional requirements.

There shall be no building site dimensions or yard requirements, except as may be required by the director of community and economic development or the city council pursuant to LMC 19.52.030. (Ord. 2798 § 1, 2001).

19.52.080 Fronting on street – Requirement.

Every principal structure shall front on or be located on property which fronts upon a street dedicated to and maintained by a municipal corporation; provided, however, that entrances to buildings may front on alleys. (Ord. 2798 § 1, 2001).

19.52.090 Parking.

Every permitted land use hereafter erected or enlarged within the downtown commerce district, D-C, shall provide off-street automobile parking and truck loading and unloading facilities as required by applicable sections of Chapter 19.78 LMC. (Ord. 2798 § 1, 2001).

19.52.100 Signs.

The following signs, when displayed in accordance with this section, are allowed within the downtown commerce (D-C) district.

(1) Permanent Signs – General Provisions for Permanent Signs. The total number and area of permanent signs in this district shall conform to the following:

(a) The total aggregate area of all signs per building frontage shall not exceed an area equal to one and one-half square feet per each lineal foot of building frontage elevation or 32 square feet, whichever is greater. The maximum total aggregate sign area permitted for all sign types is 150 square feet per occupancy. For purposes of calculating this area, the maximum height of the building elevation shall be 18 feet.

(b) The total area of all regulated signs within this district shall not exceed 150 square feet per building frontage elevation.

(c) Unless specifically permitted, the height of a sign shall be measured from the finished ground (grade) level, excluding mounds, berms, etc., to the top of the sign or the highest portion of the sign structure or frame, whichever is greater.

(d) Unless otherwise specifically permitted, changeable copy signs, readerboards and letterboards shall not be permitted.

(e) Conforming and/or nonconforming signs in existence at the time of the enactment of the ordinance codified in this section shall be counted in establishing the permitted area or size of all new signs to be permitted on the property.

(2) Types of Permanent Signage Permitted.

(a) Awning, Canopy and Marquee Signs.

(i) Maximum number of signs permitted: The maximum number of signs will be limited by the total aggregate sign area permitted.

(ii) Maximum allowable sign area: The maximum allowable sign area is limited by the total aggregate sign area permitted. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign.

(iii) Placement: Anywhere on awning or canopy subject to meeting the maximum sign height restriction. For marquee signs, the sign shall be integral to the marquee. There shall be no extension or embellishments past the edge of the marquee.

(iv) Maximum sign height: 18 feet above grade to the top of the sign or sign structure.

(v) Illumination: Any type of illumination is allowed. Internally illuminated awning, canopy or marquee signs are limited to 40 percent of the maximum sign area otherwise allowed.

(vi) Changeable copy: Changeable copy shall be permitted on theatre marquee signs only.

(b) Directional Signs.

(i) Maximum number of signs permitted: One per driveway entrance/exit. No advertising copy shall be displayed on directional signs.

(ii) Maximum allowable sign area: Six square feet. The area of directional signs shall not be included within the total aggregate sign area permitted.

(iii) Maximum sign height: Five feet above grade elevation to the top of the sign or sign structure.

(iv) Illumination: Internal or indirect illumination is permitted.

(v) Additional requirements: Freestanding signs shall contain landscaping at the base of the sign at the rate of two square feet of landscaping per one square foot of sign face area, where practical. At least 50 percent of the landscaped area must contain live plant material.

(c) Directory Signs.

(i) Maximum number of signs permitted: One sign per entrance, limited to wall-mounted signs only.

(ii) Maximum allowable sign area: Eight square feet. If larger multitenant building requires additional signage, each additional tenant allowed 0.375 square foot of signage per lease foot. The area of all directory signs shall count towards the total aggregate sign area permitted.

(iii) Maximum sign height: 18 feet above grade to the top of the sign or sign structure.

(iv) Illumination: Direct or indirect illumination is permitted.

(v) Additional requirements: Directory signs shall be reserved for use on multitenant buildings only.

(d) Freestanding Signs.

(i) Maximum number of signs permitted: One sign per business frontage for businesses not located on Commerce Avenue.

(ii) Maximum sign face area, per side: 75 square feet.

(iii) Maximum sign face area, total of all sides: 150 square feet.

(iv) Maximum sign height: 18 feet above grade to top of sign or sign structure.

(v) Additional requirements: The sign structure may be either pole or monument type. The sign may be illuminated directly or indirectly. No

portion of the sign or sign structure shall extend over the right-of-way. Landscaping shall be provided around the base of the sign at a rate of one-half square foot of landscaping per one square foot of sign face area, where practical. At least 50 percent of the landscaped area must contain live plant material.

(e) Identification Signs – General Requirements. The letters or numerals shall be five inches in height minimum and 12 inches in height maximum. New (not historic) building names may have letters up to a maximum of 18 inches in height. Information on the sign may contain the address and/or the name of building only; the name of business or sign copy “affiliated with a business” will be addressed as a business identification sign and subject to meeting total aggregate sign area permitted. No permit is required for identification signs.

(f) Mural Signs – General Regulations. Murals are exempt from the provisions of this code. However, any advertisement of any kind within a mural will be considered a wall sign and shall be regulated as such. Decorative or artistic murals may be painted or otherwise placed on any building or structure without a sign permit. However, a rendition of the mural shall be reviewed and approved by the community development department prior to placement to ensure that it is not considered a sign or advertising device. Proposed murals may also require a certificate of appropriateness from the historical preservation commission.

(g) Projecting Signs.

(i) Maximum number of signs permitted: One sign per business entrance.

(ii) Maximum allowable sign area: 32 square feet on each sign face, regardless of the number of projecting signs. The area of a projecting sign shall count towards the total aggregate sign area permitted.

(iii) Maximum sign height: 18 feet above grade to top of sign or sign structure. Signs shall observe a minimum clearance of eight feet above grade elevation.

(iv) Illumination: Direct or indirect illumination is permitted.

(v) Changeable copy: Changeable copy shall not be permitted on projecting signs along Commerce Avenue, or on Maple Street, Broadway, Hudson Street, Hemlock Street or Florida Street east of the alley between 14th Avenue and Commerce Avenue, and west of the alley between 12th Avenue and Commerce Avenue; however, changeable copy may be placed on projecting signs located in other areas of the district including both sides of the alleys located between Commerce Avenue and 12th Avenue, and Commerce Avenue and 14th Avenue.

(h) Roof Signs.

(i) General provisions: Roof signs are permitted only if the director of the community development department, or their designee, determines that reasonable circumstances exist to permit a roof sign. A special property use permit shall be required. Special property use permits for roof signs shall be approved by the planning commission and the city council in accordance with LMC 2.27.070.

(ii) Location: Roof signs are permitted to be located on the edge of roofs of buildings only, and are subject to review and approval by the city council.

(iii) Maximum number of signs permitted: If approved by the city council, one roof sign may be permitted per business. The area of the roof sign shall count towards the total aggregate sign area permitted. The roof sign must face the main thoroughfare and contain no visible support structure.

(iv) Maximum allowable sign area: Roof signs shall not exceed a maximum of 15 percent of the area of the building elevation facing the main thoroughfare.

(v) Maximum sign height: Eight feet above the roof parapet to the top of sign or sign structure.

(vi) Illumination: Internal and external illumination is permitted. Internally illuminated signs are limited to 40 percent of the maximum sign area otherwise allowed.

(i) Sandwichboard Signs.

(i) Maximum number of signs permitted: One per street frontage per business on private property. The business must possess a current sidewalk business license.

(ii) Maximum allowable sign area: Six square feet.

(iii) Maximum sign height: Six and one-half feet, measured vertically (90 degree angle with the ground). [The sign, when set at an angle of 23 degrees from the ground will measure six feet in height.]

(iv) Minimum sign height: 30 inches.

(v) Maximum sign width: 30 inches.

(vi) Illumination: Self-contained illumination is permitted. No other type of illumination shall be permitted.

(vii) Placement: Each sandwich board must be placed on the sidewalk in front of or within 15 feet of the main entrance of the business or multitenant building. Sandwichboard signs may be placed near markings separating parking spaces, but not within a crosswalk and not closer than 15 feet from the intersection of the extension of the curb lines (edge of curbs on the vehicular traffic side) of each intersecting street. Signs may be placed within locations shown on the sidewalk usage map, which is on file in the community development department. No sandwichboard sign may be placed where the unobstructed space for the passageway of pedestrians is reduced to less than five feet. Trees, landscaping planters, poles, other signs, hydrants, trash receptacles, tree grates, etc., are all considered obstructions. Questions as to the placement of sandwichboard signs shall be determined by the community development director or their designee.

(viii) Display hours: The sign may be displayed during business hours only. Sandwichboard signs must be removed when the business closes for the day.

(j) Wall Signs and Cabinet Signs. Tenant directory signs, projecting signs, marquee signs and incidental signs are not considered wall or cabinet signs.

(i) Maximum number of signs permitted: The number of signs will be limited by the total aggregate sign area permitted. Flat signs are preferred.

(ii) Maximum allowable sign area: 20 percent of the area of the building elevation per business.

(iii) Maximum allowable sign height: 18 feet to top of sign or sign structure. No portion of sign shall cover or be placed over any window.

(iv) Placement: Wall signage may be placed on any elevation. Cabinet signs may project from the building elevation a maximum of 14 inches.

(v) Illumination: Direct or indirect illumination is permitted. Sign illumination shall not result in glare being directed toward surrounding properties. The source of illumination shall not be visible from a walkway or street. Internally illuminated cabinet signs are limited to 40 percent of the maximum sign area otherwise allowed.

(k) Window Signs.

(i) Maximum number of signs permitted: The number of signs will be limited by the total aggregate sign area permitted.

(ii) Maximum coverage of window: Signs shall not exceed a maximum of 25 percent of the glass area, per window.

(iii) Additional requirements: Neon signs within windows and glass doors shall be permitted. Nonilluminated letterboard signs shall be permitted (see definitions section). Window signs may be separately illuminated. No permit shall be required for window signs.

(3) Temporary Signs. The total number and area of temporary signs in this district shall conform to the following:

(a) The aggregate area of all signs per building frontage shall not exceed an area equal to 20 percent of the building frontage elevation, with a total aggregate sign area permitted of 150 square feet. For purposes of calculating this area, the maximum height of the building elevation shall be 18 feet.

(b) No temporary sign may be displayed at a height exceeding 18 feet as measured to the top of the sign.

(c) Unless otherwise specifically stated, no individual temporary sign shall be displayed for a period of time exceeding 60 days.

(d) Holiday lights and decorations, including decorations on windows, are not considered signs.

(e) No permits shall be required for temporary signs.

(4) Types of Temporary Signage Permitted.

(a) Business Promotional Signs. Temporary business promotional signs, posters, banners, advertising flags, streamers and clusters of pennants are permitted to be displayed for a period of 60 days each occurrence. All such materials shall be removed immediately at the end of the 60-day time period.

(b) Temporary Window Signs.

(i) Temporary window signs are permitted and may be displayed for a period not to exceed 60 days per sales or service event.

(ii) The maximum area of all permanent and temporary window signs shall not exceed 25 percent of the total exterior window area.

(iii) Community, civic and service club event announcement posters and signs, and nonprofit announcements are exempt from these requirements.

(c) Real Estate Signs, On-Premises.

(i) The maximum number of on-premises real estate signs permitted is two per vacant tenancy.

(ii) The maximum allowable sign area shall be 12 square feet for signs placed on buildings or within windows, and 32 square feet for freestanding signs erected on vacant lots.

(iii) On-premises real estate signs shall be attached to an exterior wall or window in such a manner so as to not be a hazard to pedestrians. Signs may be placed adjacent to the property line, but shall not be placed within the right-of-way.

(iv) All on-premises real estate signs shall be removed within seven days of the property and/or buildings being advertised is sold, rented or leased.

(d) Short-Term Construction or Development Signs.

(i) A maximum of one sign shall be permitted per project. The sign may be freestanding, or be a wall or banner sign attached to the construction fence or structure on the site.

(ii) The maximum sign area permitted is four square feet, unless legally required by government contractors to be larger. No sign shall exceed a height of six feet.

(iii) Construction or development signs shall not be posted on the property until after the issuance of a building permit. All signs shall be removed when construction is complete or upon the issuance of a certificate of occupancy, whichever occurs first. In all instances, the maximum duration any such sign may be displayed is two years.

(iv) Signs may be placed adjacent to the property line, but shall not be placed within the right-of-way.

(v) No off-premises signs shall be allowed.

(vi) Copy and graphics on the sign are limited to identification of the project and participants, and shall only include the site identification, participating professional firms and contractors, and a description and/or purpose of the building or construction project.

(5) Notwithstanding the foregoing, buildings and structures in the D-C district located easterly of 12th Avenue and westerly of 14th Avenue and fronting on Washington Way, containing a single business occupant, and having not less than 10,000 square feet of ground floor area, may maintain and display signs as permitted in this section, and signs as permitted in LMC 19.45.060. However, roof signs shall comply with subsection (2)(h) of this section. (Ord. 2926 § 1, 2005; Ord. 2839 § 7, 2002; Ord. 2798 § 1, 2001).

19.52.110 Historic preservation.

Properties located in the D-C district which are listed on the State Register of Historic Places or on the Longview Historic Inventory shall comply with the provisions of Chapter 16.12 LMC. (Ord. 2798 § 1, 2001).