Four commercial zones are established:
HBD, historic business district;
CS-1, community shopping district--1;
CS-2, commercial services district--2;
CS-3, commercial services district--3. (Ord. 1081 § A, 1999: Ord. 1000 § A(part), 1995).

In order to preserve the downtown core in its historical location and to enhance the historic Dutch heritage, the city of Lynden has developed the HBD zoning designation. The purpose of this zone is to provide an area for the development of retail business and professional and financial services in their historical locations. Businesses in this area should promote pedestrian activity and provide easy access from the sidewalk.
In order to maintain neighborhood commercial, financial and professional services within the central cores of the city, the city has developed the CS-1 zone. The purpose of this zone is to provide areas for the development of retail business, neighborhood commercial, financial and professional services. Businesses within these areas should focus on pedestrian activity and provide easy access from the sidewalk.
In order to maintain the appropriate distribution of commercial uses, the city has developed the CS-2 zoning designation. The CS-2 zoning designation has been created for the development of businesses that need the support of higher volume traffic counts, and larger parcels to meet building size and parking requirements. It is intended to provide a suitable location for a variety of uses ranging from heavy commercial to highway commercial uses.
In order to facilitate a mix of heavy commercial uses with light industrial uses, the city has developed the CS-3 zoning designation. This zone is intended to promote agriculturally related retail sales, wholesale and warehouse uses and light industrial uses. (Ord. 1081 § B, 1999: Ord. 1026 § A(part), 1996; Ord. 1000 § A(part), 1995).

The table below shows permitted uses within each of the zones:

P = Permitted C = Conditional N = Not permitted

GLA = Gross leasable area GFA = Gross floor area

1 Primarily agricultural sales and related uses.

² Any residential uses within the HBD must be accessory to the primary commercial/retail use. Off-street parking must be a consideration in approving.

³ Any permitted establishment applying for a liquor license must be granted a conditional use permit before liquor can be sold on the premises.

⁴ See special conditions for automobile service stations.

⁵ Must provide off-street parking as required, no variances allowed.

⁶ 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.

⁷ These uses may not be located within three hundred feet 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.

⁸ Off-street loading and unloading areas for products shall be provided.

⁹ This use must be in conjunction to a permitted commercial use.

¹⁰ Individual retail stores less than thirty thousand square feet in size will require either a conditional use permit or they must be located within a planned unit development. Stores greater than thirty thousand square feet and less than sixty-five thousand square feet may only be permitted through a planned unit development. Stores greater than sixty-five thousand square feet in size will not be permitted.

¹¹ Use will be permitted if associated with a retail use.

¹² The use is permitted under the following conditions. These conditions may be varied through the receipt of a conditional use permit.

A. The use must take place in an existing building. The building may be modified for warehousing purposes, but construction of a new facility will require a conditional use permit. New construction must meet all Dutch/European design requirements for the CS-1 zone.

B. Primary access to the warehouse of facility may not be from Front Street or Grover Street, nor may a new facility front on either of these streets.

C. Off-street loading and truck parking facilities must be available at the site and may not abut Front Street or Grover Street without a landscape buffer as required in 19.61.090(A). All off-street parking requirements must be met on site.

D. The site must meet the requirements of the Engineering Design and Development Standards and the Uniform Building Code and Uniform Fire Code.

(Ord. 1293 § B, 2007; Ord. 1129 § A(part), 2002: Ord. 1112 § B, 2001: Ord. 1081 § C, 1999: Ord. 1051 § A(part), 1997; Ord. 1026 § A(part), 1996: Ord. 1000 § A(part), 1995).

A. Size requirements for the HBD and CS zones shall be as follows:

¹ Unless currently located nearer to rear property line.

² When adjacent to Badger Road, front setback shall be one hundred feet from highway centerline. 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, setbacks shall be consistent with the setback requirements listed in this section.

³ Not to exceed four floors. Building heights may be extended by a variance.

⁴ Higher height limits may be obtained with conditional use permits.

B. All development located on state highways must comply with the access requirements of the Washington State Department of Transportation and the city Manual for Engineering Design and Development Standards. (Ord. 1051 § A(part), 1997; Ord. 1000 § A(part), 1995).

The historic business district (HBD) is a principal retail shopping and office district which has been part of the city almost since its founding. As a result, it is the intention of the people of Lynden to preserve and enhance business in this area and to give it special consideration. All new construction within the HBD and CS-1 zoning districts shall be subject to review by the design review board. (Ord. 1000 § A(part), 1995).

Accessory uses permitted in the HBD and CS zones 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 essential use, but not conducted independently as well as food services preparation in industrial buildings in the CS-2 zone;
C. Business and advertising signs, providing that such signs conform to the sign regulations of this title;
D. Residential dwelling units in the CS-1 zone. Parking requirements will be a consideration in the approval of the application. (Ord. 1036 § A, 1997: Ord. 1000 § A(part), 1995).

The permitted secondary uses in the HBD and CS zones, 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. (Ord. 1000 § A(part), 1995).

Decorative additions to the fronts of buildings currently existing within the historic business district are allowed to extend into the public right-of-way a maximum of four inches with the following limitations:
A. Additions may be made on the side of the building facing the street only, no overhang may occur in the alleys;
B. Materials must be noncombustible, except for limited wood trim which may be approved by the building official, subject to building codes;
C. Maximum projection for the first eight feet vertical shall not exceed four inches into the public right-of-way, except signs, marquees or awning which may be allowed by city code or building codes. (Ord. 1000 § A(part), 1995).

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 gasoline 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.
Development Standards and Criteria.
A. Code Compliance. All gasoline service stations shall be in conformance and compliance with the following:
1. Uniform Building Code as adopted by the city;
2. Uniform Fire Code as adopted by the city;
3. City zoning code;
4. All other applicable city codes and ordinances;
5. All applicable state statutes;
6. All applicable federal regulations;
7. Uniform Plumbing Code as adopted by the city.
B. Traffic Study.
1. A traffic impact analysis will be required whenever a gasoline station meets one or more of the following conditions:
a. A new gasoline station is proposed;
b. An existing gasoline service station increases pumping capacity through the addition of hoses and/or pumps;
c. The site of an existing gasoline service station is expanded in size or reconfigured to allow such expansion;
d. Existing ingress or egress to a gasoline service station is modified;
e. An existing service station is reopened for business after a closure of six months or more.
2. The traffic impact study shall contain, but is not limited to, the following information:
a. Analyze future or horizon year (year of opening and five years from opening) level of service (LOS) conditions with and without the project;
b. Analyze proposed driveway LOS for project; check sight distance;
c. Evaluate potential queuing or parking problems;
d. Determine percentage of project traffic to total future traffic (used in cost allocation analysis if necessary);
e. Signal warrant analysis if appropriate.
C. Development Standards. Development standards and criteria of the zoning district/subzone shall apply unless otherwise noted in this section.
1. Lot Size. Minimum lot size shall be fourteen thousand four hundred square feet.
2. Lot Frontage. Adequate to accommodate ingress and egress to the site, with a minimum of one hundred seventy feet. The minimum distance of any driveway from the right-of-way line of an intersection shall be fifty feet, and the minimum distance of any driveway from an adjacent property line twenty-five feet.
3. Lighting. 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. Off-Street Parking. One stall per employee of the gasoline service station. For uses associated with or accessory to the gasoline service station, parking requirements shall be as specified in this code.
5. Signs shall comply with applicable provisions of this code.
6. Separate public restrooms shall be provided for male and female and shall be barrier-free in conformance with WAC 51-20.
7. A dumpster enclosure containing a dumpster shall be located strategically on the site in sufficient size and/or number to reduce off-site litter.
8. Trash receptacles shall be located strategically and in sufficient number to reduce off-site litter.
9. All portions of a gasoline service station site not utilized for landscaping or for other open space shall be paved. All perimeters shall be landscaped.
10. No gasoline service station shall be located less than three hundred feet from any park, playground, church, school or public place of assembly. No service station shall be located closer than six hundred feet from the nearest property line of another service station.
D. Ingress/Egress and On-Site Circulation.
1. Separate ingress and egress points shall be provided unless a traffic study demonstrates that a dual ingress/egress driveway can be implemented without adverse impact on adjacent streets.
2. No direct ingress to a gasoline service station shall be permitted from arterials, unless approved by the State Department of Transportation and the city.
3. A minimum of seventy feet of clear vehicle stacking (queuing) shall be provided on-site and in-line with each row of pump islands.
4. Driveways shall be a maximum of thirty-five feet in width.
5. Alleys shall not be used for ingress/egress.
E. Operational Standards.
1. No operation, service or activity shall be permitted which would constitute a legal nuisance.
2. A formal litter control program, as approved by the city, shall be implemented.
3. Accessory truck, trailer and vehicle rental or sales shall be permitted where allowed by zoning.
4. No major vehicle repair shall be conducted on site. Major repair shall include, but not be limited to, body repair and straightening or disassembly of body or engine parts.
5. Gasoline fueling operations shall be under the visual control of the station.
6. A policy manual for the management of hazardous material incidents is to be submitted to the city for review and approval prior to occupancy of the facility.
7. Nozzle latch open devices are subject to Uniform Fire Code requirements. (Ord. 1000 § A(part), 1995).