The following commercial zones are hereby established and defined:

1.

Historic business district (HBD): The historic business district is the zone where the city's economic activity originated. This zone is intended to be an active mix of professional offices and residences, personal services and small retail establishments serving the employees and residents of the area. Emphasis on the city's cultural history is anchored by the Pioneer Museum on Third Street and the Dutch Village Mall on Seventh Street. Storefronts and streetscapes shall encourage pedestrian activity.

2.

Local commercial services (CSL): The purpose of the CSL zone is to provide a location for local scale retail development (stores less than sixty-five thousand square feet), medical, professional and financial services. Development within this zone should focus on pedestrian connectivity to the surrounding area. Residential development is also permitted in CSL areas that qualify for the mixed-use centers overlay and, on a limited scale, in the Central Lynden Sub-Area. This zone, together with the historic business district, provides the primary location for civic and social activities within the community.

3.

Regional commercial services (CSR): The purpose of the CSR zone is to support the development of large format retail and regional commercial development. In addition, this zone may support commercial establishments which require a retail contact with the public together with professional offices, storage and warehousing, or light manufacturing. This zone is located where larger parcels and arterial streets are available to support the traffic and land needs for these types of uses. This zone provides the primary location for businesses serving both the local and regional trade area. Residential development is permitted in CSR areas that qualify for the mixed-use centers overlay.

4.

Mixed-Use Centers (MUC) Overlay: The purpose of the MUC Overlay is to identify specific areas of the city within walking distance of existing commercial centers, where a mix of multi-family residential and compatible commercial use is appropriate. The overlay fosters a development pattern with direct, convenient pedestrian, bicycle, and vehicular access between residences and businesses. It promotes a compact growth pattern that is scaled and designed to be compatible with surrounding land uses and strives to provide sensitive transitions between different land uses.

(Ord. No. 25-1708, § 1, 6-2-2025)

The following table shows the uses permitted in each of the zoning areas. Any use that is not listed below is not a permitted use unless it is determined to be comparable to a permitted use by the community development director based on the applicant's statement of use. The applicant shall bear the burden of proof to show how the use is comparable to a listed use.

In the table below, uses are notated as follows: P = Permitted Use; PA = Permitted as an accessory use; N = Not permitted; C = Permitted as a conditional use.

(1)

See Sections 19.23.090 for special conditions for large retail uses and all uses within the mixed-use centers overlay.

(2)

See Section 19.23.100, Special Conditions for Automobile Service Stations and minimum parcel size.

(3)

Any arcade with ten or more machines shall have an adult supervisor on the premises during all hours of operation and shall not be located within three hundred feet of a school, church or residence.

(4)

These uses may not be located within three hundred from Front Street, or two hundred feet from a residentially zoned area, or within two hundred feet from the fairgrounds, or five hundred feet from a church or school.

(5)

This use is permitted only as described in LMC 19.23.110.

(6)

Eating and drinking establishments on properties utilizing the provision of mixed-use overlay centers must restrict drive-thrus to one lane per establishment and orient drive-thrus in such a way as to not interfere with pedestrian connectivity within the site. Drive-thru areas must be heavily landscaped. Drive-thrus may split into two lanes as long as the entrance and exit of the drive-thru narrow to a single lane.

(7)

Outdoor recreational facilities may be permitted conditionally in the CSR zone. Temporary recreational or sporting events may seek a special event permit in any of the city's zoning categories.

(8)

Business parks are required to formalize a development agreement with the city council after receiving a recommendation from the planning commission which:

a.

Specifies a list of permitted, conditional, and prohibited uses with the business park.

b.

Outlines a parking and loading standards which anticipates the uses permitted.

c.

Creates standards for and screening of outdoor storage and refuse areas.

d.

Addresses unique signage requirements.

e.

Indicates how the building siting and architecture addresses the street frontages at a pedestrian scale.

(9)

Manufacture, fabrication, assembly, woodworking and metal working shops locating within a CSL zoning category must acquire a conditional use permit if the subject property is located within three hundred feet of a residentially zoned property.

(10)

Storage facilities within a development utilizing mixed-use provisions may provide storage as an amenity to the on-site residents or as a commercial entity for off-site customers but it cannot be counted toward the minimum commercial space requirement as it does not support the goals of the mixed-use overlay. Additionally, flex space must not be used as or converted to storage facilities of any type. If storage facilities are included within a mixed-use overlay development it shall not occupy the primary street frontage of the development.

(Ord. No. 25-1708, § 1, 6-2-2025)

Accessory uses permitted shall include such functions as repair and service relating to the essential uses, and are as follows:

A.

Operation of motors and other equipment relating to the function of the essential use;

B.

Food preparation and other material or service preparation relating to the primary use, but not conducted;

C.

Business and advertising signs, providing such signs conform to the sign regulations of this chapter.

(Ord. No. 25-1708, § 1, 6-2-2025)

The permitted secondary uses, when permitted outright or after receiving a conditional use permit, are as follows:

A.

The servicing of new passenger cars, trucks, recreation vehicles and farm implementing machinery as a condition to the operation of a sales function only;

B.

The storage of delivery trucks relating to the use of the retail and commercial property;

C.

The storage of materials or commodities to be used and/or sold in the conduct of the retail business functions.

A.

Setbacks. Setbacks are established to ensure adequate circulation and access for emergency services. All setbacks are measured from the property line to the foundation. The setback requirements shall be as follows:

(1)

May be located closer if parking is available underground with access to Judson Alley.

(2)

When adjacent to Badger Road, front setback shall be one hundred feet from Highway Center line. When adjacent to the Guide Meridian Highway the front setback shall be one hundred feet from the center of the highway on the east side and one hundred and ten feet from the center of the highway on the west side. Once the required right-of-way for planned improvements has been acquired through dedication or WSDOT indicates it is not to be needed, setbacks shall be consistent with the setback requirements listed above.

(3)

Where construction types and the International Building Code allow, the side yard setback in any commercial zone may be zero; provided, however, that the setback between a building and a right-of-way will not be less than ten feet.

B.

Highway Frontage: All development located on state highways must comply with the access requirements of the Washington State Department of Transportation in addition to the city of Lynden Manual for Engineering Design and Development Standards.

C.

Drive-Thrus: All businesses with a drive-thru window must have a minimum queue length of sixty feet. This is a cumulative total but does not include the vehicle at the drive-thru window. Businesses generating more than twenty-five p.m. peak hour trips must include queuing in the required traffic analysis checklist.

D.

Accessory Structures in Commercial Zones: Structures are considered accessory when they are incidental or clearly subordinate to the primary use. Structures may be considered accessory when they do not house the primary functions of the use of the property or are scaled so that the area of the structure equals only twenty percent or less of the gross floor area of the primary structure. Commercial properties are permitted accessory structures according to these standards:

1.

Building permits are required for all structures greater than one hundred twenty square feet;

2.

Building permits are required for all structures intended to remain on the property for more than seventy-two hours;

3.

Administrative design review and approval is required for commercial accessory structures which have a floor area greater than twenty percent of the primary commercial structure and are visible from street rights-of-way;

4.

Front and rear setbacks may be reduced by half for accessory structures with a gross floor area of one thousand five hundred square feet or less.

(Ord. No. 25-1708, § 1, 6-2-2025)

A.

Purpose. The city's design standards are used as a tool to ensure development in the City of Lynden is of high quality, well designed and to produce projects that reflect the values and character of the Lynden community. Development plans must maintain compliance with the design standards adopted in the Lynden Municipal Code. These standards address site design, exterior building design and features, streetscapes, trash and mechanical areas, and signage.

B.

Applicability.

1.

New commercial structures are subject to the design review process. Approval is based on compliance with the City of Lynden Commercial Design standards except that some accessory structures are exempt from the design review process per LMC 19.23.050(D).

2.

Commercial exterior remodels will be evaluated by the Director to determine if the proposed remodel is substantial enough to warrant the design review process. All commercial remodels are required to address aspects of site design such as lighting, landscape, street trees and the screening of mechanical equipment and trash disposal areas at the time of building permit even if it is determined that the Design review process is not required.

3.

The Historic Business District (HBD) of the city of Lynden has a number of historic buildings which are more than fifty years old and play a role in the history of the city. Additionally, an aesthetic character based on the Dutch and European background of the founders of the community was also established in this area. To preserve this character and the community's unique identity, all new construction within the HBD shall reflect a historic Dutch and European aesthetic. Alternately, exterior remodels within the HBD may be designed to restore or pay tribute to the structure's historic architecture. Designs are subject to administrative design review and approval.

4.

Additional Applicability. School buildings and houses of worship, such as churches, and their associated accessory structures which have a footprint greater than one thousand five hundred square feet are subject to commercial design standards and the design review process.

C.

Relief. Commercial design standards may only be varied through the variance process described in LMC 19.45.

(Ord. No. 25-1708, § 1, 6-2-2025)

Decorative additions to the fronts of buildings currently existing within the historic business district and CSL zone are allowed to extend into the public right-of-way as described here.

A.

Projections may be made on the side of the building facing the street only, no overhang may occur in the alleys.

B.

Materials used for decorative additions to buildings must be non-combustible, except for limited wood trim which may be approved by the building official, subject to building codes.

C.

Signs, marquees, canopies, or awnings with less than fifteen feet clearance above a sidewalk shall not extend into or occupy more than two-thirds the width of the sidewalk measured from the building. A minimum height clearance of eight feet is required.

D.

Projections into public right-of-way that have more than fifteen feet of clearance above the sidewalk are subject to the provisions of the International Building Code and the approval of the building official.

(Ord. No. 25-1708, § 1, 6-2-2025)

All commercial buildings, those listed in LMC 19.23.060, and developments utilizing the provisions of the mixed-use centers overlay, unless exempted per LMC 19.23.050(D), must meet the site and building design standards described below.

Design review focuses on the appearance of new construction, site planning, and items such as landscaping, signage, and lighting. The intent of design standards is that new construction contributes positively to the city's streetscape and the pedestrian environment. Design should be interesting, appropriate to the site, functionally efficient, and safe.

The community development director is authorized to promulgate administrative guidelines and material to illustrate the requirements of this chapter or to provide examples of commercial design elements that are permitted or prohibited by this chapter. Such guidelines and material may be revised periodically at the discretion of the community development director.

A.

Architecture. Intent: Buildings must contribute to an attractive streetscape in scale and form. Facades must include variations and features which enhance visual interest. First floors and entryways must establish inviting pedestrian scale features, spaces and amenities that make it easier and safer to walk and orient oneself to destinations, especially those with disabilities, children and the elderly.

1.

Building Scale and Transition to the Pedestrian Environment.

a.

Scale. The use of porticos and other features to reduce the height of the front of the building to a pedestrian scale is required.

i.

Ground floor facades that front public streets or primary parking areas shall have porticos, arcades, covered entry areas, awnings or other such features along no less than sixty percent of their horizontal length.

ii.

Unenclosed, open-air porticos, arcades, or structural pedestrian covers may encroach into the front and side setbacks by as much as half of the minimum required setback.

b.

Entryway Cover.

i.

All entrances that front public streets or primary parking areas shall provide a minimum of twenty square feet of cover from the weather.

ii.

All entrances intended for customers, regardless of their location, shall provide a minimum of twenty square feet of cover from the weather.

c.

Entryway Design. The required portico feature should include design elements and variations which give support the character of the building as well as enhance the pedestrian scale. Each building on a site shall have clearly defined, visible entrances. Primary entrances must feature no less than three of the following design elements:

i.

Arcade, plaza or portico.

ii.

Raised parapets over entries.

iii.

Arched elements.

iv.

Display windows.

v.

Outdoor patio space with pedestrian seating.

vi.

Peaked roof forms.

vii.

Recesses or projections.

viii.

Decorative lighting.

d.

Multi-business Building. Where additional businesses will be located in the principal building, each business shall have at least one exterior customer entrance that conforms to the above requirements.

e.

Adjoining Sidewalks. Entry ways may not exit directly onto a travel lane or parking aisle. Pedestrian traffic must be directed to pedestrian walkways.

2.

Facades and Exterior Walls. Facades must be articulated to visually reduce scale and avoid walls which present a uniform and imposing appearance. Facades must provide features which add visual interest. All commercial and mixed-use projects must meet the following standards.

a.

Articulation. Facades greater than one hundred feet in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least three percent of the length of the façade. The cumulative length of the recess or projection must be a minimum of twenty percent of the length of the façade but should not be more than sixty percent of the façade length. Projections associated with this standard may encroach into the building setback by up to two feet.

b.

Landscape Enhancement. Facades that include primary entrance(s) or front a public street or the primary parking area and are greater than one hundred feet in length, measured horizontally, shall incorporate landscape enhancements along the façade of the building.

i.

Area must be created at a ratio of fifty square feet of landscape for every one hundred linear feet of façade.

ii.

Enhancements may be ground level or raised beds/planters but must installed in such a way as to be permanent features.

iii.

The minimum landscape area may be met by the cumulative total of multiple landscape beds or planters but shall not include the landscape required per parking lot standards.

c.

Openings. Doors and windows must make up at least forty percent of total linear length of façades which front public streets or primary parking areas. This requirement is applicable to every floor of a multi-story building.

d.

Façade Patterns. Building facades must have architectural features and patterns that provide visual interest including a repeating pattern that shall incorporate no less than three of the elements listed below. At least one of these elements shall repeat horizontally. All elements shall repeat at intervals of no more than thirty feet, either horizontally or vertically. Elements include:

i.

Sunshades,

ii.

Canopies,

iii.

Windows,

iv.

Color change,

v.

Texture change,

vi.

Material module change, and

vii.

Expression of architectural or structural bay through a change in plane no less than twelve inches in width, such as an offset, reveal, or projecting rib.

e.

Additional Architectural Details. The use of a combination of architectural elements is required. Structures with the Commercial Services-Regional (CSR) zone that are required to complete the design review process must include a minimum of three of the following elements; structures in the Commercial Services - Local (CSF) zone must include four of the following; structures in the Historic Business District (HBD) zone must include five of the following elements.

i.

Display windows on the primary ground floor façade a minimum of forty percent of the linear distance of the façade;

ii.

Two or more roof line features with a pitch of eight and a half or greater;

iii.

Gables, or a façade replicating gables with decorative bracing, venting or scroll work;

iv.

Timber accents;

v.

Decorative textural patterns;

vi.

Broad roof overhangs a minimum of three feet or greater;

vii.

Arched elements.

viii.

Quoins or corbels.

ix.

Cornice details.

x.

Use of brick masonry materials or stone as horizontal bands, accent facades, or columns;

xi.

Stucco finishes;

xii.

Repetitious use of window fenestration;

xiii.

Repetitious use of wall mounted lighting fixtures which illuminate the building or pedestrian spaces;

xiv.

Structural canopies or sunshades.

xv.

Decorative metal;

xvi.

Window boxes or shutters.

3.

Rooflines. Variations in roof lines add interest and reduce the scale of the buildings.

a.

Roofline Variation. Buildings with a footprint of five thousand square feet or larger must include at least two different rooflines or heights. Height variables may be accomplished by parapets however, elevator shafts or rooftop mechanical rooms or screening features cannot be counted as a roofline variable.

b.

Parapets. The average height of parapets or other roof treatments shall not exceed fifteen percent of the height of the supporting wall and such parapets may not exceed one-third of the height of the supporting wall at any time.

4.

Exterior Materials and Colors. Exterior building materials and colors comprise a significant part of the visual impact of a building and should be reflective of the community's character, and surrounding neighborhood.

a.

Materials. Predominant exterior building materials shall be high quality materials that are easily maintainable, and graffiti resistant. Material suggestions include without limitation; brick, wood or fiber cement siding, architectural metal panels, and tinted and textured concrete masonry units.

b.

Variation. All facades facing public streets and primary parking areas must include at least two different materials.

c.

Color. The use of metallic colors or fluorescent colors as a building's primary color is prohibited.

d.

Prohibited Materials. Predominant exterior materials shall not include the following items, unless they are manufactured to meet the other design criteria: unfinished concrete blocks, and smooth faced tilt-up concrete panels.

5.

Back and Side Facades.

a.

Materials and Pattern. The side and rear of a building visible from any public street must incorporate the materials and façade patterns utilized on the primary façade(s).

b.

Pedestrian Areas. All areas accessed by pedestrians, including employee entrances and loading areas must be lit in such a way as to provide safety without spreading light beyond the boundary of the parcel.

6.

Building Signage.

a.

Sign Placement. Architecture must be designed in such a way as to anticipate signage. Façade designs must indicate areas where signs are anticipated.

B.

Site Design.

1.

Parking Lot Orientation. Parking lots should not overpower the visual impact of any site. They should provide safe, convenient and efficient access for vehicles and pedestrians. Bus stops, drop-off/pick-up locations, and loading areas must be considered as integral parts of the site configuration.

a.

A minimum setback of three feet is required between any property line and the surface of a parking stall. This setback must be lawn or landscaped area. This does not apply to shared drive aisles or loading areas.

b.

At least one pedestrian walkway shall be provided within the parking lot from each abutting street to the pedestrian walkway abutting the building.

c.

Parking lot landscaping shall meet or exceed the requirements of Section 19.61.100 of the Lynden Municipal Code.

d.

Retail stores that provide customers with shopping carts must also provide outdoor cart corrals. Corrals must be located throughout the parking areas in convenient and sufficient numbers and must be easily accessible. Corrals shall not be established or added to required landscape areas but may utilize required parking stalls if deemed necessary.

e.

All lighting in the parking lot shall be directed downward to minimize glare on neighboring properties.

f.

Inclusion of bicycle parking capable of accommodating two or more bicycles, is required for every mixed-use center, every restaurant, and every retail store greater than ten thousand square feet. Bicycle parking must be located so that it does not impede pedestrian walkways when bicycles are present.

2.

Pedestrian Flows. Intent: Pedestrian accessibility provides multi-modal access to nearby neighborhoods, reducing traffic impacts and enabling the development to project a friendlier more inviting image.

a.

Sidewalks along primary facades. Sidewalks, no less than eight feet in width, shall be provided along the full length of commercial buildings along any façade featuring a customer entrance and along any façade abutting primary parking areas. Landscape areas may replace this sidewalk requirement where continuation of a sidewalk would not provide connection to parking, amenities, or adjacent properties.

b.

Merchandise Displays. In no instance shall outdoor displays of merchandise or shopping cart storage impede the pedestrian movement at the entrance of the store.

3.

Landscape. Landscape installation is required per the commercial landscape standards found in LMC 19.61.

4.

Outdoor Storage, Trash Collection and Loading Areas. Intent: Loading areas and outdoor storage areas exert visual and noise impact on surrounding neighborhoods. These areas, when visible from adjoining properties and/or public streets, must be screened, recessed, or enclosed. While screens and recesses can effectively mitigate these impacts, the selection of inappropriate, or difficult to maintain screening materials can exacerbate the problem. Loading areas must also be designed to efficiently and safely accommodate truck traffic and waste haulers.

a.

Areas for permanent outdoor storage, trash collection or compaction, loading, or other such uses shall be screened from the public and private rights-of-way.

b.

The city's franchise waste hauler must have the opportunity to comment on proposed site plan during the design review process. The hauler may request revisions which relate to truck movement such as minimum turning radius and may dictate the appropriate size of trash enclosures given the proposed use.

c.

Storage areas shall not be constructed over required parking spaces unless the property owner demonstrates to the community development department that the site exceeds the required parking counts per LMC 19.51.040.

d.

Loading docks, truck parking, outdoor storage, HVAC equipment, trash and recycling dumpsters and compacters, and other service functions shall be incorporated into the overall design of the building and the site so that the visual and acoustic impacts of the functions are fully contained and out of view from primary parking areas, adjacent properties and public streets.

e.

Use of portable, metal storage containers as a permanent storage solution is not permitted unless the containers are screened from view of public and private streets. Temporary use, less than three months per calendar year, of these storage methods is permitted.

f.

Non-enclosed areas for the sale of seasonal inventory shall be clearly defined. These areas may infringe on required parking for three or fewer months and shall not impede pedestrian walkways.

g.

Materials, colors and design of any screening walls and/or fences shall conform to those used as predominant materials and colors on the building. Chain link with slats, tarps, banners or privacy tape is not permitted as a screening option however chain link fence combine with a landscape hedge is allowed.

h.

Wall-mounted mechanical equipment including, but not limited to, heat pumps, air conditioning units, condensers, or exhaust systems must be screened or located so as not to be visible from public streets, shared access easements, or primary parking areas. Landscaping cannot be considered an adequate visual barrier if any portion of a wall-mounted piece of equipment exceeds eight feet in height. A physical wall-mounted or free-standing screen or cover must be used.

i.

All ground-mounted or roof-mounted mechanical equipment must be screened from view when observed from adjacent public streets.

a.

Screens used on rooftop equipment must coordinate with the materials, colors, and architectural style of the building.

b.

Ground-mounted equipment may be screened with fencing, screens, or evergreen landscaping.

5.

Site Lighting. Intent: The goal of site lighting is to provide appropriate and sufficient lighting for building security as well as pedestrian and vehicle safety while minimizing light spill-off into other properties. Lighting should also be used to highlight building entrances and architectural features.

a.

Shielded light sources. All lighting must be shielded from the sky and adjacent properties either through exterior shields or through optics within the fixture.

b.

All entrances and address numerals must be illuminated.

c.

No light is permitted to spill over property lines so as to cause a nuisance to adjacent property owners or to interfere with passing drivers or pedestrians.

6.

Signage. Intent: Signage should enhance the character of the building and should help the public find their way to where they need to go. Signage should be attractive, well-lit and consistent with the design of the building and surrounding neighborhood.

Sign design and installation must be consistent with standards of LMC 19.33.

(Ord. No. 25-1708, § 1, 6-2-2025)

Mixed-Use centers are intended to accommodate both residential and commercial uses. Site design and architecture should be done in such a way as to prioritize pedestrian movement and facilitate neighborhood commercial uses.

In addition to those requirements described in LMC 19.23.080 those projects which utilize the provisions of the mixed-use centers are subject to the regulations described below.

A.

Site Design.

1.

Pedestrian Flows. Intent: Parking areas and outdoor recreation/open spaces within mixed-use project must be accessible and safe while providing excellent pedestrian connection. Connections should facilitate pedestrian access to on-site and nearby commercial services.

a.

Pedestrian walkways must be anchored by special design features such as towers, arcades, porticos, sculptural art, water features, planter walls or other architectural elements that define circulation ways and outdoor spaces. An anchor feature and repetitious elements of this feature must create a theme which appears at building entrances, the on-site residential amenities within the designated open space, and the flex space.

b.

Continuous internal pedestrian walkways, no less than six feet in width, shall be provided from the public sidewalk or right-of-way to the customer and residential entrances of all buildings on the site. Secondary pedestrian walkways that traverse the parking lot may be five feet in width. Walkways shall connect pedestrian activity such as, but not limited to transit stops, street crossings, buildings and store entry points, and central features and community spaces.

c.

On-site walkways shall feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers, or other such materials for no less than fifty percent of their length.

d.

All internal pedestrian walkways shall be distinguished from driving surfaces through the use of durable, low maintenance surface materials such as pavers, bricks, or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways. Pedestrian walkways must also be protected from the driving lanes by curb stops, bollards, or other features that restrict vehicular access, while continuing to provide access for shopping carts.

e.

Internal pedestrian walkways provided in conformance with the section above, shall provide weather protection features such as awnings or arcades within thirty feet of all customer or resident entrances.

2.

Landscape/Screening buffer between public sidewalks and residential windows on mixed-use projects.

a.

When residential units are located on the first floor of a mixed-use building landscape areas, a minimum of six feet wide, are required between any public or private sidewalk and the façade of the building if the façade includes windows. This landscape area may be replaced by residential patio space if the space is enclosed by a wall or fence not less than forty-two inches in height.

b.

This landscape/screening buffer standard is reduced to three feet for small-scale mixed-use projects.

3.

Lighting.

a.

In addition to site lighting of parking areas, pedestrian scale light fixtures are required along pedestrian spaces and walkways which connect the site to adjoining public streets as well as those walkways connecting building entrances to open space amenities and flex spaces.

b.

Pedestrian scale fixtures are light poles no more than fifteen feet in height or bollards.

c.

Spacing must be such that pathways maintain a consistent level of light coverage.

d.

All pedestrian lighting must be directed downward to prevent unnecessary light spill into the night sky.

(Ord. No. 25-1708, § 1, 6-2-2025)

The purpose of this section is to promote the health, safety and general welfare in the city by establishing standards for the site design and the operation of vehicular service stations. The need for such standards is created by the high volume of traffic and the frequency with which vehicles enter and leave the sites. By establishing these standards, it is intended that the smooth flow of traffic will be facilitated and greater safety will be provided for the residents of Lynden, automobile passengers, and pedestrians.

A.

Code Compliance: All service stations shall be in conformance and compliance with all federal, state and local statutes, laws and ordinances.

B.

Traffic Study: A traffic impact analysis will be required for any new fueling station and the expansion of existing fueling stations.

C.

Development Standards: Development standards and criteria of the zoning district/subzone shall apply unless otherwise noted in this section.

1.

Minimum lot size shall be fourteen thousand four hundred square feet.

2.

Ingress and egress must conform to the requirements of the city of Lynden Engineering Design and Development Manual.

3.

On-site lighting shall be located, directed, and/or shielded in a manner which reduces light glare or spill onto adjacent properties or rights-of-way.

4.

Separate public restrooms shall be provided for male and female and shall be barrier-free in conformance with WAC 51-20.

5.

A dumpster enclosure containing a dumpster shall be located strategically on the site in sufficient size and/or number to reduce off-site litter.

6.

Trash receptacles shall be located strategically and in sufficient number to reduce off-site litter.

7.

All portions of a service station site not utilized for landscaping or for other open space shall be paved. All perimeters shall be landscaped.

D.

Operational Standards:

1.

No operation, service, or activity shall be permitted which would constitute a legal nuisance.

3.

Accessory truck, trailer and vehicle rental or sales shall be permitted where allowed by zoning.

4.

Fire Department permits and inspections are required related to the storage of hazardous material. If deemed necessary, a policy manual for the management of hazardous material incidents may be required by the Fire Department prior to occupancy of the facility.

(Ord. No. 25-1708, § 1, 6-2-2025)

A.

Purpose. The primary purpose of mixed-use projects using the mixed-use centers overlay is to:

1.

Provide for a compatible mix of multifamily housing, neighborhood commercial businesses, and semi-public open spaces;

2.

Foster a development pattern offering direct, convenient pedestrian, bicycle, and vehicular access between residences and businesses;

3.

Promote a compact growth pattern to efficiently use developable land, and to enable the cost-effective extension of utilities, services, and streets; frequent transit service; and to help sustain neighborhood businesses;

4.

Foster the development of mixed-use areas that are arranged, scaled, and designed to be compatible with surrounding land uses and which provide sensitive transitions between different land uses;

5.

Ensure that buildings and other development components are arranged, and designed, and oriented to facilitate pedestrian access.

B.

Establishment, Scope, and Criteria for Approval of a Mixed-Use Overlay Assignment. Mixed-use overlay is established in Chapter 2 of the city of Lynden Comprehensive Plan. Locations of the overlay are identified within the city of Lynden Comprehensive Plan land use element according to the criteria described below.

The Mixed-use overlay is assigned to key locations within the city of Lynden which are within one quarter of a mile of existing commercial centers.

Properties are eligible to utilize the provisions within the mixed-use overlay when the following criteria are met:

1.

Sub-Area: Properties located within the West Lynden Commerce Subarea are not eligible for mixed-use overlay provisions.

2.

Zoning: The property zoned Commercial Services—Local (CSL) or Commercial Services—Regional (CSR).

3.

Scale: The property or contiguous group of subject properties applying to construct a project using the provisions of the mixed-use overlay at least one acre in size.

4.

Location: The subject property(s) is within walking distance of a qualifying commercial center.

a.

Walking distance is one quarter mile or less as measured from the edge of the subject property to the geometric center of the qualifying commercial center following a walkable path.

b.

Qualifying commercial centers are identified in the land use element of the city's comprehensive plan. These centers have at least seventeen thousand square feet of gross floor area dedicated to general retail uses and at least six tenants which provide goods or services to the general public.

c.

New commercial centers can be added to the city's list of qualifying commercial centers through an amendment to the land use element of the city's comprehensive plan.

C.

Small Scale Mixed-Use within the Historic Business District (HBD) and Commercial Services—Local (CSL) Zones of the Central Lynden and the South Historic Business District (SHBD) sub-areas.

1.

Applicability within the Historic Business District (HBD).

a.

Properties within the HBD that do not meet the criteria to utilize mixed-use center provisions due to the scale of the property/development site are permitted to establish residential uses on upper stories.

b.

Ground level space is limited to commercial (nonresidential) uses permitted within the HBD except that up to forty percent of the ground level may be utilized for Type A and Type B adaptable residential dwelling units as defined by the International Building Code in order to facilitate the creation of accessible units for individuals with disabilities.

i.

Commercial space used to fulfill the commercial component must equal sixty percent of the gross ground floor(s) of the building(s) constructed.

ii.

The minimum area dedicated to the commercial component shall not include parking garage, mechanical rooms, riser rooms, or storage facilities. Refer to LMC 19.23.020 for permitted mixed-use overlay commercial uses and special requirements regarding storage facilities.

2.

Applicability within the Central Lynden and SHBD Sub-areas. The CSL zones of the Central Lynden and SHBD subareas include properties that have traditionally included a wide variety of uses. These sub-areas, as a whole, represent a mixed-use district. To continue to facilitate this mixed-use identity, properties located in the Central Lynden and SHBD sub-areas that are zoned CSL but are not within the Historic Business District (HBD) and do not qualify for mixed-use centers provisions due to the scale of the property are permitted to establish new residential uses in the following situations:

a.

Mixed Use within a Single Building. Residential units are permitted in the CSL zone, in the Central Lynden and SHBD subareas, on the upper floors of a building which features commercial space on the first floor but overall building height is typically limited to thirty-two feet unless a conditional use permit is granted to allow building height to reach forty-eight feet. Conditional use proposals for additional height should demonstrate consistent scale with other nearby structures and address potential impacts of the additional height.

b.

Conversion of an Existing House.

i.

A second residential attached unit is permitted within or by adding onto structures that were constructed as single-family homes prior to 1992. All renovations and additions are subject to building permit approval. Additional units may also require utility upgrades.

ii.

If the net lot area is eight thousand square feet or greater, up to three attached units are permitted through the renovation of an existing structure subject to the standards and design criteria listed in this sub-section. This provision is only applicable for parcels that, as of 2023, due to their scale do not qualify for the mixed-use centers overlay.

c.

New Construction.

i.

New duplex structures are permitted on CSL zoned properties within the Central Lynden and SHBD sub-areas subject to the design criteria listed in this sub-section.

ii.

If the net lot area is eight thousand square feet or greater, up to three attached units are permitted as new construction subject to the standards and design criteria listed in this sub-section. This provision is only applicable for parcels that, as of 2023, due to their scale do not qualify for the mixed-use centers overlay.

3.

Design Standards for Small Scale Mixed-Use within the Central Lynden and South Historic Business District Subareas: Commercial Services-Local (CSL) Zone

a.

Design Review: New multifamily residential construction within the CSL zones in the Central Lynden and SHBD sub-areas require design review approval when exterior changes are proposed. In addition to the city's design standards the following criteria must be met:

i.

New construction must match the scale of the surrounding structures. Applicants must supply images of adjacent structures when submitting an application to the design review board.

ii.

Although multiple units are accommodated, the architectural styles of new construction must mimic that of a single-family home if the adjoining properties were constructed as single-family homes.

iii.

Garage access, if proposed, must be from the alley if alley access if available so as to limit garage doors along street frontages.

iv.

Front entry must be shared between units or distributed to different facades of the building so as to appear as a single-family home.

b.

Residential parking standards within the CSL zones of the Central Lynden and SHBD sub-areas: Two parking spaces are required for the first residential unit, one space per every additional unit.

D.

Separation of Uses/Transition Buffers. To ensure that different land uses are adequately separated, landscape buffers shall be instituted as detailed in LMC 19.61.090. Additionally, setbacks immediately adjacent to residentially zoned properties increase in association with greater building heights as described within this subsection.

E.

Mixed-Use Overlay Development Standards.

1.

A project developing within a mixed-use overlay, that is not meet the description of small scale mixed-Use as described in LMC 19.23.110(C), is subject to the following development standards:

2.

The maximum height of residential building may be increased to up to sixty feet through the successful approval of a conditional use permit. Additional height proposals must demonstrate how the extra height is appropriate to the scale of the site and how it is mitigated to be cohesive with other buildings on the site and the surrounding land uses. A stepped-back façade or additional architectural articulation may be required.

3.

Setbacks: If an adjacent property has a residential zoning, the setbacks along that property line must be a minimum of twenty feet or half of the proposed mixed-use overlay building height, whichever is greater.

Setbacks from adjacent properties with commercial, industrial, or public use zoning must be a minimum of fifteen feet.

Setbacks from street frontage must be consistent with the front setbacks of the underlying CSL or CSR zoning.

4.

Building articulation and façade treatment. Refer to LMC 19.23.080 and 19.23.090 for specific design requirements affecting building articulation and façade treatments.

F.

Shared Parking Opportunities in Mixed-Use Commercial Centers. A mix of non-residential and residential uses provide an opportunity to share parking resources as peak demand times for these uses vary.

1.

Parking for residential uses must be provided consistent with LMC 19.51 or as established through a planned residential development contract.

2.

Parking for non-residential uses may be reduced by twenty-five percent when developed in conjunction with the mixed-use center provisions on a shared site.

3.

Mobile or seasonal commercial uses such as food trucks or fruit stands that are set up within semi-public flex spaces are not required to provide parking in association with their use.

4.

Parking counts may be further reduced from the allowance described in this section only if a parking study demonstrates feasibility. In order for a parking study to be considered, the following standards apply:

i.

The parking study must be prepared by a professional engineer using industry accepted practices and methodologies.

ii.

The study shall use acceptable data sources and the data shall be comparable with the uses and intensities proposed for the proposed development activity.

iii.

If the director determines that the independent parking study more accurately captures the parking need, he or she may adjust the parking requirement in accordance with said study.

iv.

If the director determines, in his or her sole discretion, that the independent fee calculation study is not accurate, reliable, or sufficient, the director may reject the said study and requirement parking capacity consistent with that outlined in LMC 19.51.

v.

The director may require the applicant to submit additional or different documentation for consideration at any time. If the director decides that third-party engineers are needed to review the calculation and related documentation, the applicant shall pay for the reasonable cost of a review by such engineers.

vi.

Determinations made by the planning director pursuant to this section may be appealed to the hearing examiner subject to the procedures set forth in LMC 17.11.

G.

Residential Open Space Requirements. Shared open space is required when residential components are introduced to a commercial property through the mixed-use centers overlay. The open space must include functional amenities that provide outdoor recreational/leisure spaces such as playgrounds, picnic or patio areas, sports courts, off-leash dog areas, or similar. These community open spaces will be reviewed and approved by the Technical Review Committee (TRC) through the Design review approval process. The TRC will review for the following criteria:

1.

Minimum size of the open space is ten percent of the net lot area. Net lot area, in this case, is calculated by removing the area dedicated to public right-of-way, critical areas and protected critical area buffers from the gross lot area.

2.

The minimum open space calculation cannot indoor common areas such as party rooms. Shared, outdoor patios or balconies may be included in the open space calculation but private patios or balconies that are specific to a residential unit may not be included.

3.

Inclusion of critical areas in the open space requirement only equal to the space dedicated to a recreational trail or other accessible amenity that has been established via the appropriate permitting process. Proposed improvements for active use within a critical area and/or its buffer are subject to critical area review (LMC 16.16.150).

4.

The recreational portions of the open space must be readily accessible and visible to residents. This can include trails, playground, dog park, courts, or similar functional space that is proportionally scaled to the number of residents who will be using the amenity.

5.

Open spaces may be gated or otherwise restricted so that only residents can access.

6.

Lighting and landscape must be utilized to create safe and attractive spaces.

H.

Required Commercial Area or Flex Space. A priority of the mixed-use centers overlay is to facilitate pedestrian-oriented development and street-level activity. This serves to benefit residents within the development, nearby businesses, and the greater Lynden community.

Commercial properties which utilize the provisions of the mixed-use centers overlay must include neighborhood-oriented commercial uses or reserve space on site called flex space.

1.

Required interior commercial component.

a.

If an interior commercial space will be used to fulfill the commercial component, it must equal sixty percent of the gross ground floor(s) of the building(s) constructed.

b.

The minimum area dedicated to the commercial component shall not include parking garage, mechanical rooms, riser rooms, or storage facilities. Refer to LMC 19.23.020 for permitted mixed-use overlay commercial uses and special requirements regarding storage facilities.

2.

Flex space. If interior commercial uses are not established prior to, or simultaneously with residential components of the mixed-use centers overlay the project must reserve a portion of the property as flex space as described in this section.

a.

Flex space must equal twenty percent of the net lot area. Net lot area, in this case, is calculated by removing the area dedicated to public right-of-way, critical areas and protected critical area buffers from the gross lot area.

b.

A public access easement must be recorded which addresses policing and posting of permitted hours of access.

c.

A pedestrian oriented plaza or irrigated lawn areas that are visible and easily accessible to the public as well as onsite residents.

d.

Outdoor seating.

i.

At least one sitting space for each two hundred fifty square feet of flex space shall be included in the plaza or lawn areas.

ii.

Seating shall be a minimum of sixteen inches in height and thirty inches in width. Ledge benches shall have a minimum depth of thirty inches.

iii.

Half of the seating must be located in areas that would experience seasonal shade.

e.

Trash receptacles must be provided in pedestrian areas. These are to be maintained by the property management/owner/association

f.

Trees and landscape. Trees in proportion to on-site plaza and sidewalk space at a minimum of one tree per eight hundred square feet, at least two caliper when planted.

g.

Accommodations for outdoor vending and food trucks must be included. This includes water and electrical hook-up locations.

h.

Stormwater facilities or critical area buffers that prevent pedestrian access may be included under the following provisions:

i.

Inaccessible areas shall encompass no more than forty percent of the required semi-public area.

ii.

Inaccessible areas must act as amenities to the accessible portion of the required area by being visually appealing, providing landscape variety or natural habitat in a way that enhances the pedestrian experience within the remainder of the semi-public area.

i.

Additionally, privately-owned public spaces shall include at least three of the six following elements:

i.

Covered seating options;

ii.

Water features or public art;

iii.

Outdoor dining areas; and

iv.

Decorative pedestrian lighting;

v.

Children's play structures. This may include interactive sculpture, or traditional playground equipment;

vi.

Other amenities not listed above that provide a public benefit.

I.

Flex Space Conversion. The portion of the property designated as flex space semi-public open space may be converted into commercial use. When this occurs, shared parking provisions described in LMC 19.23.110(F) may be utilized. Pedestrian connections must be maintained from the residential structures to any commercial use. Design must be consistent with LMC 19.23.080 and 19.23.090 and is the development is subject to design review.

(Ord. No. 25-1708, § 1, 6-2-2025)