Chapter 17.135 SUPPLEMENTARY REGULATIONS FOR SPECIFIC USES

The principal and accessory uses, buildings and structures are subject to supplementary regulations in addition to those that are specified for the particular district in which such uses, buildings and structures are located. (Ord. 18-10 § 4 (part), 2018: Ord. 17-06 § 7 (part), 2017: Ord. 95-769 § 5 (part), 1995)

17.135.010 Accessory dwelling units.

A. Purpose. The purpose of these code provisions for accessory dwelling units is to (1) provide homeowners with flexibility in establishing separate living quarters within or adjacent to their homes for the purpose of caring for elderly parents, providing housing for their children, companionship, security services or other purposes; (2) increase the supply of affordable housing units within the community; and (3) ensure that the development of accessory dwelling units does not cause unanticipated impacts on the character or stability of single-family neighborhoods.

B. Applicability. Accessory dwelling units shall be allowed in all residential zoning districts (R3, R5, R7, R10, R12, R16, R20) if they are in compliance with all of the development standards listed below. Accessory dwelling units shall not be allowed in association with existing single-family dwellings located within nonresidential zoning districts.

C. Approval Process. A proposed accessory dwelling unit shall be processed as a Type I land use action subject to the provisions of this section.

D. Accessory dwelling units shall meet the following development standards:

1. Only one accessory dwelling unit shall be permitted on any residential lot.

2. Size. The gross floor area, calculated from finished wall to finished wall, shall not exceed forty percent of the gross floor area of the primary single-family structure, not including garage, and shall not exceed one thousand square feet. The gross floor area of an accessory dwelling unit shall not be less than what is required by the International Residential Code as adopted by reference in BGMC Title 15.

3. Architecture. Accessory dwelling units shall have an architectural treatment substantially similar to that of the principal dwelling. A detached dwelling unit must be on a permanent foundation, shall not exceed the allowable lot coverage or encroach into required setbacks as prescribed in the underlying zone. The applicable setbacks shall be the same as those prescribed for the primary structure, not those prescribed for detached accessory structures.

4. Scale and Visual Subordination. The accessory unit shall be visually subordinate to the primary unit. Specifically, new detached structures, or additions to existing structures, created for the purpose of establishing an accessory dwelling unit shall not comprise more than forty percent of the total front elevation of the visual structure (combined accessory unit and primary unit). This standard does not apply for internal conversions of existing structures. All accessory dwelling units shall be addressed by the city of Battle Ground and the property owner shall affix such address to be visible from the front entrance of such residence as per BGMC 12.112.030.

5. Parking. One additional off-street parking space is required in conjunction with the establishment of an accessory dwelling unit. However, the off-street parking requirements set forth in this code shall be maintained for the primary residence.

6. Design and Appearance. An accessory dwelling unit, either attached or detached, shall be consistent in design and appearance with the primary structure. Specifically, the roof pitch, siding materials, color and window treatment of the accessory unit shall be consistent with the primary structure.

7. Construction Standards. The design and construction of the accessory dwelling unit shall conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health, and any other applicable codes.

8. Accessibility. To encourage the development of housing units for people with disabilities, the building official may allow reasonable deviation from the stated requirements to install features that facilitate accessibility. Such facilities shall be in conformance with the city-adopted building code. (Ord. 22-20 § 10, 2022; Ord. 21-11 § 2, 2021; Ord. 18-10 § 4 (part), 2018: Ord. 17-06 § 7 (part), 2017: Ord. 15-04 § 30 (part), 2015: Ord. 99-008 § 2(B) (part), 1999; Ord. 96-800 § 5, 1996: Ord. 95-769 § 5 (part), 1995)

17.135.015 Accessory buildings and structures.

Accessory buildings and structures shall meet the following requirements:

A. Detached Accessory Buildings. A detached building, accessory to a single-family or duplex residence, may be constructed under one of the following criteria:

1. Overall. A detached building greater than two hundred square feet, accessory to a single-family or duplex residence, may be constructed according to the requirements and regulations for a principal building in the zone in which it is located, with the exception of a five-foot rear yard setback; the accessory structure shall be located behind the front elevation of the primary structure; and the nearest wall of the detached accessory building must be located a minimum of three feet from the wall of any building. Eaves of adjacent buildings must be at least four feet apart.

2. Additional Provisions for Detached Buildings up to Two Hundred Square Feet. A detached building, accessory to a single-family or duplex residence, may be constructed within three feet from the rear and/or side setbacks, provided:

a. The detached accessory structure does not exceed two hundred square feet in floor area and is used for tool and storage shed, play house, or greenhouse and hothouse, and similar use.

b. No portion of the detached accessory building shall exceed twelve feet in height above grade, to roof peak.

c. Detached accessory buildings are subject to the building code provisions of BGMC Title 15.

B. Prior to Primary Structure Completion. An accessory building shall not be permitted prior to the completion of the primary building/structure and/or permitted use on the same lot.

C. Shipping and cargo containers can be used as temporary or permanent accessory structures in light industrial and regional commercial zones only. When used on a permanent basis, Type I site plan approval is required and the containers shall be screened from public and private rights-of-way and any neighboring residential zones with a B3 buffer. If used on a temporary basis, a temporary use permit will be required. When used as accessory structures, shipping or cargo containers are to observe all applicable setbacks, and are not to obstruct required parking or drive aisles, pedestrian routes, and emergency vehicle access points or be placed in any critical area on site. For the purposes of this section, “shipping and cargo containers” shall mean new or used prefabricated steel enclosures used for storing and transportation of goods and textiles.

D. Structures that are used for moving purposes, i.e., PODs in residential or commercial districts, shall be limited to thirty days or less. Containers must be placed on a driveway or other paved surface unless placement in the street is approved via an encroachment permit pursuant to Chapter 12.122 BGMC. Placement in the street will only be approved if placement on site is unfeasible. (Ord. 23-11 § 3, 2023; Ord. 21-11 § 2, 2021; Ord. 20-09 § 5 (part), 2020)

17.135.020 Automotive service stations and gasoline sales.

A. New Automotive Service Stations and Gasoline Sales. The minimum lot area for such use shall be ten thousand square feet, with at least one hundred feet of frontage on a public street. Gasoline pump islands shall be set back at least twenty feet from public rights-of-way.

B. Preexisting Automobile Service Stations in the Downtown Zone. Expansion of preexisting automotive service stations in the downtown zone is allowed if approved through the site plan review process. The site plan review shall be submitted to the community development department for review subject to the following criteria:

1. The expansion must increase the aesthetics of the business in the downtown core. Examples of improving the aesthetics include:

a. Additional on-site screening (i.e., fencing, landscaping);

b. Expanding building footprints to move the storage of vehicles and goods inside;

c. Shifting storage areas to the back, away from street frontage.

2. All outside storage areas must be screened by a six-foot fence (solid or chain link with privacy slats).

3. Any expansion must meet all development and design standards in the downtown zone, as provided in BGMC 17.118.030 and 17.118.040. (Ord. 24-02 § 2, 2024; Ord. 18-10 § 4 (part), 2018: Ord. 17-06 § 7 (part), 2017: Ord. 04-024 § 32, 2004: Ord. 95-769 § 5 (part), 1995)

17.135.030 Bed and breakfast establishments.

A. A bed and breakfast must be accessory to a dwelling unit as the principal use on the property. An individual or family who operates the bed and breakfast establishment must occupy the house as their primary residence. Bed and breakfast establishments shall be limited to a maximum of five bedrooms for guests. Food services may be provided only to overnight guests of the bed and breakfast.

B. Bed and breakfast establishments shall be processed as a Type I land use action, subject to the provisions of this section. (Ord. 18-10 § 4 (part), 2018: Ord. 17-06 § 7 (part), 2017: Ord. 99-008 § 2(B) (part), 1999; Ord. 95-769 § 5 (part), 1995)

17.135.050 Churches.

Churches, temples, mosques, synagogues, and other places of worship shall be located on a site of at least one-half acre. A minimum thirty-foot-wide yard shall be required abutting any residential district. (Ord. 18-10 § 4 (part), 2018: Ord. 17-06 § 7 (part), 2017: Ord. 04-024 § 34, 2004: Ord. 95-769 § 5 (part), 1995)

17.135.055 Temporary encampments for the homeless.

Pursuant to RCW 36.01.290, temporary encampments for the homeless are authorized by right by a hosting religious organization. The following standards shall apply:

A. A religious organization may host temporary encampments for the homeless on property owned or controlled by the religious organization whether within buildings located on the property or elsewhere on the property outside of buildings.

B. The building official shall perform a site inspection of the facility to assure the necessary measures are in place to protect public health and safety. Any actions determined to be corrected shall not substantially burden the religious organization.

C. The religious organization shall pay the city the actual costs associated with the review and approval of the encampment.

D. For the purposes of this section, “religious organization” means the federally protected practice of a recognized religious assembly, school, or institution that owns or controls real property.

E. Any appointed or elected public official, public employee of this city is immune from civil liability for (1) damages arising from the permitting decisions for a temporary encampment for the homeless as provided in this section and (2) any conduct or unlawful activity that may occur as a result of the temporary encampment for the homeless as provided in this section. (Ord. 18-10 § 4 (part), 2018: Ord. 17-06 § 7 (part), 2017: Ord. 15-04 § 30 (part), 2015)

17.135.057 Occupation of recreational vehicles and other vehicles or structures on private property prohibited.

A. Permitting the occupancy and/or occupying any of the following on private property, in any zone, for a period in excess of fourteen consecutive days or for more than thirty total days in any calendar year: a recreational vehicle, camper trailer, vehicle, tent, any other temporary structure, or any structure that is not deemed habitable under the city’s zoning or building regulations.

B. Exceptions to subsection A of this section may include the authorization of a temporary use, as authorized under BGMC 17.135.130. (Ord. 21-35 § 5, 2021)

17.135.060 Circuses and carnivals.

Circuses and carnivals are permitted subject to the receipt of a special event license. (Ord. 18-10 § 4 (part), 2018: Ord. 17-06 § 7 (part), 2017: Ord. 04-024 § 35, 2004: Ord. 99-008 § 2(B) (part), 1999; Ord. 95-769 § 5 (part), 1995)

17.135.065 Collective gardens.

A. Purpose. The purpose of this section is to regulate medical cannabis collective gardens in a manner that minimizes the impacts of collective gardens on surrounding properties and protects the public health, safety, and welfare, while allowing qualified patients to create and participate in collective gardens. The creation of a collective garden means qualifying patients sharing responsibility for acquiring and supplying the resources required to produce and process cannabis for medical use. This may include resourcing a location for a collective garden, equipment, supplies, and labor necessary for proper construction, plumbing, wiring, and ventilation of a garden of cannabis plants.

B. Applicability. This section contains development requirements and performance standards that apply to all applications to establish and operate a medical cannabis collective garden. Medical cannabis collective gardens are allowed in only in the regional center, community center, and light industrial districts. See BGMC 17.118.020 and 17.120.020.

C. Required Review. A Type II land use review is required to operate a medical cannabis collective garden. The director shall review applications to operate a medical cannabis collective garden for compliance with this section, RCW 69.51A.085, now or as hereafter amended, and with all other applicable provisions of the Battle Ground City Code.

D. Submittal Requirements. In addition to the information required for a Type II land use review, an application for a collective garden shall comply with or contain the following:

1. The application shall be made by a qualifying patient and include verification of that status, as described in RCW 69.51A.010(4) and 69.51A.010(7), now or hereafter amended; and

2. A map drawn to scale that demonstrates compliance with the separation requirements of this section. The director may require the applicant, at the applicant’s expense, demonstrate compliance with the separation requirements. This demonstration may include, but is not limited to, a survey map showing these features prepared by a surveyor licensed in the state of Washington.

E. Requirements Applicable to Medical Cannabis Collective Gardens. All applications to operate a medical marijuana collective garden shall comply with the following requirements and the provisions of RCW 69.51A.085, now or hereafter amended:

1. Not more than one collective garden shall be established on a single tax parcel or lot;

2. A collective garden may not be located within one thousand feet of public or private schools, child care services, child day care centers, religious institutions, public libraries, public and private playgrounds, community centers, any other collective garden, or a recreational marijuana producer, processor, or retailer;

3. A collective garden shall be located in a structure; no garden will be permitted outdoors;

4. No collective garden shall be located in any manner or place where the cannabis plants may be viewed from an abutting public or private property;

5. A collective garden shall be ventilated so that the odor from the cannabis cannot be detected by a person with a normal sense of smell from any abutting use or property;

6. Any transportation or delivery of medical cannabis from the collective garden shall be conducted by the collective members or designated provider so that quantities of medical cannabis allowed by RCW 69.51A.085, now or as hereafter amended, are never exceeded;

7. No signs or symbols advertising the collective garden shall be permitted.

F. Release of Liability and Hold Harmless. The permittee of a medical cannabis collective garden shall provide an executed release in a form approved by the Battle Ground city attorney to the city of Battle Ground, for itself, its agents, officers, elected officials and employees from any injuries, damages, or liabilities of any kind that result from any arrest or prosecution or seizure of property, or liabilities of any kind that result from any arrest or prosecution for violations of federal or state law relating to operation or siting of a collective garden. Additionally, within the release document, the permittee of a medical cannabis collective garden shall indemnify and hold harmless the city of Battle Ground and its agents, officers, elected officials, and employees from any claims, damages, or injuries brought by adjacent property owners or other third parties due to operations at the collective garden and for any claims brought by any of the collective garden members, employees, agents, guests, or invitees for problems, injuries, damages, or liability of any kind that may arise out of the cultivation, processing, or distribution of medical cannabis at the collective garden.

G. Conflicts. In the event of a conflict between RCW 69.51A.085 and this section, the most restrictive provision shall apply. (Ord. 18-10 § 4 (part), 2018: Ord. 17-06 § 7 (part), 2017: Ord. 14-17 § 3, 2014)

17.135.070 Day care centers commercial.

Child care centers, kindergartens, and similar facilities shall comply with any requirements imposed by the state of Washington per Chapter 170-295 WAC. (Ord. 18-10 § 4 (part), 2018: Ord. 17-06 § 7 (part), 2017: Ord. 95-769 § 5 (part), 1995)

17.135.075 Dog day care development standards.

A. General Standards. All dog day care facilities regardless of the zoning district in which they are located shall comply with the following criteria:

1. Dog day care facilities shall be processed as a Type I site plan review.

2. The hours of operation shall be limited daily from 6:00 a.m. to 10:00 p.m.

3. A maximum of forty dogs on the premises.

4. The dogs may be groomed, trained, exercised and socialized, but not kept or boarded overnight, bred, sold, or let for hire.

5. Dog day care facilities shall be subject to Chapter 6.10 BGMC, Animal Regulations.

6. Walls, partitions and floor/ceilings assemblies separating dog day care facilities from residential uses shall have a sound transmission class (STC) as required by the building code.

7. A fifty-foot setback shall be maintained where any outdoor recreation abuts a residential use. If dog day care facilities are contained wholly indoors, the standard setbacks of the underlying district shall apply.

8. Any outdoor recreation areas shall provide a sight-obscuring fence. The fence shall provide full containment for the dogs and shall be deep enough and secured to the ground to prevent escape and high enough to prevent dogs from jumping or climbing over. (Ord. 18-10 § 4 (part), 2018: Ord. 17-06 § 7 (part), 2017: Ord. 16-15 § 8 (part), 2016)

17.135.080 Fences, hedges and walls.

A. Applicability. This section applies to all fences, walls and hedges constructed in the city of Battle Ground.

B. Permits Required. Fence permits shall be processed as a Type I land use action. A fence permit is required for any fences over forty-two inches.¹

C. Exemptions. This chapter does not apply to fences or walls forty-two inches or less in height, measured from grade, unless such a wall is structurally supporting additional weight from a building or parking area.

D. Hedges. Hedges located in a sight distance or vision clearance triangle must be maintained at a height of forty-two inches or less per BGMC 12.116.220 and 17.135.088. All other hedges within private property are not regulated by this chapter.

E. Location and Height of Fences, Hedges, and Walls. Fences, hedges, and walls must be wholly contained on or within the applicant’s property. Fences, hedges and walls must not be placed in any manner to hinder access to an easement or be within a vision clearance triangle per BGMC 17.135.088.

1. In residential zones, fences that are streetward of the front wall of the house shall be limited to three and one-half feet in height. Fences shall be limited to six feet in height along the rear and side property line behind the front wall of the house.

2. In commercial zones, fences are limited to six feet in height.

3. In industrial zones, fences are limited to an overall height of eight feet. Barbed wire and razor wire are only allowed in industrial zones. In these cases, two feet of such wire can be attached to the top of a six-foot wall or fence, as long as it is vertical or angled in toward the enclosure.

F. Retaining Walls. Retaining walls shall be considered part of any fence and shall be included in overall height measurement. Combined retaining wall and fences shall not exceed the height limits for fences established by this section unless:

1. Approved by the planning director due to topographic limitations; or

2. In residential zones, a combined fence and retaining wall height at the property line shall be six feet.

a. The fence height may increase by one foot for every foot set back from the retaining wall until the fence reaches a maximum height of six feet. In all cases, the buffer must contain at least two feet in width of soil for planting between the retaining wall and fence.

b. The terraced wall shall contain a landscape buffer of live ground cover and shrubs which reach a minimum height of three to four feet within three years of planting. Those wishing to utilize this provision of code must also include a landscape plan stating shrub type, size, and quantity as part of their fence permit application.

c. The property owner shall be responsible for the perpetual care and maintenance of the buffer. (Ord. 22-20 § 10, 2022; Ord. 21-11 § 2, 2021; Ord. 20-09 § 5 (part), 2020: Ord. 18-10 § 4 (part), 2018: Ord. 17-06 § 7 (part), 2017: Ord. 16-15 § 8 (part), 2016: Ord. 04-024 § 36, 2004: Ord. 99-008 § 2(B) (part), 1999; Ord. 98-025 § 1, 1998: Ord. 95-769 § 5 (part), 1995)

17.135.081 Gated access standards.

A. Purpose. The standards for gated access are provided below and subject to a Type I review as authorized by the planning director. These standards are intended to implement safe ingress and egress while promoting visual attractiveness and site security.

B. Permit and Development Standards. A Type I land use permit is required for any gate across an access driveway, unless exempted per below:

1. Exemptions. The permit and development standards of this section shall not apply for the following: any commercial or industrial development where the gate will remain open during business hours, or any residential gate for a secondary driveway, when allowed under BGMC 12.116.243, to be used exclusively for access to RV, boat or similar vehicle parking area.

C. Development Standards. A detailed site plan shall be submitted with the Type I application which depicts the access point(s) and demonstrates all of the following required elements:

1. Stacking Area. Each access point shall show an area of sufficient length and width to safely stack traffic coming onto the property from the adjacent roadway. The applicant’s traffic engineer or city engineer shall determine the length of the stacking area based on trips to the site and the adjacent roadway type and design configuration. A parking area shall be provided to the right of the entry lane to accommodate visitors not able to open the gate.

2. Entrance/Exit Design. Adequate vision clearance shall be provided so that motorists leaving a gated community have a clear view of the sidewalk on either side of the exit, and so that approaching pedestrians have a clear view of any approaching vehicle. Gated community entrances and exits shall be designed to achieve travel speeds not to exceed five miles per hour, and shall require a vehicle stop directly prior to crossing the street sidewalk. Entrance and exit areas shall be designed so that vehicles approaching or leaving the gated community can queue to enter/exit the traffic stream without blocking the sidewalk.

3. Turnaround Feature. Each gate access point shall have an area that allows traffic to safely maneuver a turnaround when the gate is in a closed position.

4. Lane Width Inside the Gate. Fire and emergency access vehicles require passing room within the development; twenty feet of unobstructed driving surface is required on the interior side of the access point and gate.

5. Emergency Vehicle Access Required. Each project will be required to meet the requirements of BGMC 15.105.090.

6. No Encroachment into the Publicly Owned Right-of-Way. The gates, operating equipment and fencing shall be located wholly within the private portion of the property. The property line shall be clearly indicated on the site plan. Swing gates are not allowed to encroach into the public right-of-way. The drives, streets, and lanes inside a gated community are to remain private.

7. Pedestrian Access. Separate pedestrian access from driving lanes is required. Each access point shall have a pedestrian access and walkway that is separate from the driving lanes and links directly to the public sidewalk. Pedestrian walkways shall meet all standards for accessibility required by the Americans with Disabilities Act.

8. Lighting. Lighting fixtures shall be established and maintained at the access points to provide vehicle and pedestrian safety. The required lighting shall be automatically controlled to turn on during the hours of darkness.

9. Vision Clearance. Each access point shall demonstrate vision clearance per BGMC 12.116.220.

10. Gate Material. The moving portion of the gate shall be constructed of material that is at least eighty percent open.

11. Gate Opening Width. Each gate must open to a minimum width of fifteen feet or as required by the fire marshal.

D. Gate Removal. If at any point the city engineer determines that vehicles are stacking onto adjacent roadways, including sidewalk, the gate owner will be required to leave the gate open during certain hours to address the issue. If this doesn’t alleviate the problem then the gate owner will be required to remove the gate as directed by the city engineer. (Ord. 18-10 § 4 (part), 2018: Ord. 17-06 § 7 (part), 2017: Ord. 15-04 § 30 (part), 2015)

17.135.085 Heavy equipment storage.

A. Storage of heavy tracked equipment within light industrial areas may be located on graveled surfacing so long as all appropriate stormwater impacts are mitigated, and all applicable buffers are in place when abutting public or private rights-of-way and residential zones. Graveled areas for heavy equipment are for said equipment only, and are not to be used for parking of commuter vehicles, commercial vans, trucks, or other typical four-wheeled transportation vehicles that should be placed in surfaced parking lots..

B. Approval for heavy equipment storage areas shall be obtained by the planning director when in conjunction with site plan approval or a temporary use permit application. (Ord. 18-10 § 4 (part), 2018: Ord. 17-06 § 7 (part), 2017: Ord. 07-15 § 7, 2007)

17.135.088 Vision clearance.

A. Purpose. The purpose of these code provisions is to ensure that development or redevelopment on a site will not impede visibility of operators of motor vehicles using the city’s street system.

B. Development Standards.

1. Conditional Sight Obstructions. Nothing in this title shall be deemed to permit a sight obstruction at a street intersection or service drive interfering with the view of the operation of motor vehicles on the streets to such an extent as to constitute a traffic hazard.

2. Provisions with Precedence. The provisions of this section shall take precedence over any building and parking setbacks, except where the city planning director may authorize lesser requirements upon a finding that the public health, safety, and welfare will not be adversely impacted.

3. Provisions for Established Vision Area. There shall be no sight obstruction above forty-two inches from street grade within the triangular vision clearance area established as follows:

a. Street Intersection. In the case of a street intersection, or street and alley intersection, two sides of this triangle are lot lines measured twenty feet from their intersection, and the third side is a line across the corner of the lot joining the extremities of the other two sides. See Figure 17.135-1.

b. Commercial Driveways and Private Streets. In the case of service drives, a triangle whose base extends thirty feet along the street right-of-way line in both directions from the centerline of the service driveway with the apex of the triangle thirty feet into the property on the centerline of said service drive. See Figure 17.135-2

c. Residential Driveways. In the case of a private driveway, two sides of the triangle are measured seven feet from the intersection of the right-of-way line and edge of the driveway, one side extending up the driveway and the other along the public right-of-way. The third side of the triangle is a line connecting the extremities of the other two sides. See Figure 17.135-3.

Figure 17.135-1

Street Intersection

Figure 17.135-2

Commercial Driveways and Private Streets

Figure 17.135-3

Residential Driveways

(Ord. 18-10 § 4 (part), 2018: Ord. 17-06 § 7 (part), 2017)

17.135.090 Home occupations.

A. Purpose.

1. Support Small-Scale Businesses. Provide residents with an opportunity to use their homes to engage in small-scale business activities.

2. Reduce Traffic Congestion. By providing opportunities for residents to work in their homes, reduce home-to-work and work-to-home trips that add to the congestion on the city’s streets during the morning and evening peak periods.

3. Protect Neighborhood Character. Establish approval criteria and standards to ensure that home occupations are conducted as lawful uses that are subordinate to the residential use of the property and are conducted in a manner that is not detrimental or disruptive in terms of appearance or operation to neighboring properties.

B. Development Requirements.

1. Applicability. Home occupations shall be a limited use in all zoning districts within legally established residential homes. Such uses shall be subject to home occupation review under the business license process and subject to the development standards in subsection (B)(2) of this section.

2. Development Requirements. Failure to comply with any or all of the following development standards will result in revocation of the home occupation permit:

a. Employees. One nonresident employee is permitted for home occupation activities located in all zoning districts.

b. Incidental Sales. The sale of consumer goods shall be prohibited except when the product to be sold is clearly incidental and secondary to the services authorized by such home occupation.

c. Off-Site Impacts. No home occupation shall generate measurable levels at the property line of dust, smoke, odor or glare. Off-site impacts or noise in excess of the state standards outlined in Chapter 173-60 WAC maximum environmental noise impact and specified in Chapter 9.42 BGMC. The home occupation activity shall not generate solid waste in volume or type which is not normally associated with residential use.

d. Disturbing Influences. The home occupation use shall not create electronic interference, including but not limited to: interference with radio, satellite reception, telephone or television reception.

e. Exterior Modification. To preserve the residential appearance of the structure, there shall be no evidence of the home occupation from the exterior of the structure. There shall be no exterior modification of the structure that would suggest use other than for residential purposes, such as the conversion of garages to usable space by filling in the garage door opening. The addition of a separate side entrance is authorized.

f. Limitations on Customers and Visitors. The combined total number of customers and business visitors associated with the home occupation shall be limited to no more than an average of six per day per week (Monday through Sunday).

g. Location of Use. All uses or activities associated with home occupations shall be wholly carried on within a dwelling or accessory structure by a member or members of a family except as allowed in subsection (B)(2)(a) of this section. Such activity shall be secondary to the use of the dwelling for living purposes. Not more than twenty- five percent of the combined floor space of such dwelling and accessory structure or five hundred square feet, whichever is less, may be used for the home occupation.

h. Outdoor Storage. No outdoor storage associated with home occupations shall be permitted.

i. Vehicles. Vehicles shall be limited to single rear axle vehicles not to exceed twenty-four thousand gvw.

3. Exemptions.

a. Garage sales as per Chapter 5.08 BGMC are exempt from obtaining a home occupation permit.

b. Child care homes licensed by the state for the care of twelve or fewer children are exempt from obtaining a home occupation permit. City business license requirements apply.

c. Adult care homes licensed by the state for the care of six or fewer persons.

4. Permitted Uses. Examples of permitted uses include but are not limited to the following:

a. Artists, illustrators, writers, photographers (no photo processing), editors, drafters, publishers;

b. Professional office for consultants and other similar activities;

c. Bookkeeping, law office, and architect;

d. Distribution of products assembled at home for off-premises sales (such as garden produce or crafts);

e. Janitorial services (office);

f. Mail order business or sale representative;

g. Interior decorator;

h. Manufacturer’s representative;

i. Light furniture making and woodworking that does not result in the use or storage of amounts of hazardous, flammable, or combustible materials above the allowed exempt quantities as detailed in the building and fire codes.

5. Prohibited Uses. Examples of prohibited uses include, but are not limited to, the following:

a. Auto repair;

b. Welding shops;

c. Large appliance/electronics or equipment repair or service;

d. Truck hauling and/or tow storage yard;

e. Vehicle sales;

f. Cabinet making;

g. Manufacturing and/or related storage;

h. Kennel or stable;

i. Restaurants/drinking establishments;

j. Metal plating;

k. Any use generating, storing or utilizing hazardous waste.

6. Hours of Operation. Normal hours of operation shall be 7:00 a.m. to 8:00 p.m. with after hours activity permitted if wholly indoors and fully compliant with the off-site impact standards.

7. If the use is not specifically listed, the planning director or his/her designee has the discretion to allow, prohibit or exempt the use as a home occupation.

8. Permit/License Requirements. City business license requirements apply to all home occupations, including exempt uses with the exception of garage sales. A home occupation permit is required for every business with a primary address located within the city that does not have a commercial location. (Ord. 18-10 § 4 (part), 2018: Ord. 17-06 § 7 (part), 2017: Ord. 14-16 § 2, 2014: Ord. 04-024 § 37, 2004: Ord. 00-004 § 1(D), 2000: Ord. 99-008 § 2(B) (part), 1999; Ord. 95-769 § 5 (part), 1995)

17.135.095 Live/work units.

A. Purpose. The purpose of these code provisions is to provide (1) residents to live and work on a single premises; (2) provide locations where appropriate new businesses can start up; (3) ensure that the exterior design of live/work buildings are compatible with the exterior design of commercial, industrial, and residential buildings in the area.

B. Definition. A live/work unit is defined as a single unit (e.g., studio, loft, or one bedroom) consisting of both a commercial and residential component.

C. Live/work units shall meet the following development standards:

1. Any commercial use permitted in the zoning district applicable to the property is permitted in the live/work unit.

2. The ground floor must be used for nonresidential purposes.

3. Meet commercial architectural design standards per BGMC 17.118.040.

4. The residential use shall meet residential architectural design standards per BGMC 17.106.040.

5. The live/work unit shall be required to provide parking in accordance with Chapter 17.133 BGMC. Shared parking between users of same or abutting properties shall occur wherever possible. (Ord. 19-22 § 6, 2019)

17.135.100 Mobile or manufactured home parks.

A. Mobile or manufactured home parks shall be subject to site plan review pursuant to Chapter 17.143 BGMC, subject to the following criteria:

1. Mobile home park developments shall be no less than five acres or more than twenty acres, and must have direct access to a public road which shall have a minimum right-of-way of forty-six feet.

2. All mobile or manufactured home developments shall conform to city buffer requirements as specified in BGMC 17.131.080.

3. The maximum density shall be that permitted for the district in which the mobile home park is located.

4. Not less than ten percent of the area devoted to a mobile home park development shall be improved and maintained for recreational purposes pursuant to Chapter 17.128 BGMC.

5. Individual mobile or manufactured home spaces within the park shall be a minimum of three thousand square feet in area with a minimum width of twenty feet. All homes shall be skirted on the perimeter by a fire-resistant siding.

6. Mobile or manufactured home parks shall conform to all applicable city requirements and standards including but not limited to streets, water, sanitary sewer and storm drainage. (Ord. 18-10 § 4 (part), 2018: Ord. 17-06 § 7 (part), 2017: Ord. 99-008 § 2(B) (part), 1999; Ord. 95-769 § 5 (part), 1995)

17.135.102 Manufactured homes on individual lots.

A. In districts where permitted, manufactured homes on individual lots shall meet the following placement standards (subsections (A)(1) through (7) of this section) prior to occupancy:

1. Foundation. The manufactured home shall be placed on a permanent foundation as specified by the manufacturer.

2. Perimeter Enclosure. The home shall be provided with an appropriate masonry or finished concrete barrier, except for proper ventilation and access openings, to enclose the entire perimeter area of the home between the bottom of the structure and the ground.

3. Removal of Devices. All removable towing devices (i.e., “tongues”), wheels, axles, hitches and transporting lights must be removed after placement on the lot.

4. Width. The manufactured home shall consist of two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long.

5. Exterior Siding. The home shall have exterior siding similar to the exterior siding materials commonly used on residential dwellings.

6. Age. The manufactured home shall be new and shall not have been previously titled to a retail purchaser and is not a “used mobile home” as defined by RCW 82.45.032(2).

7. Energy Code. The manufactured home shall be thermally equivalent to the state energy code.

8. Design Standards. The manufactured home shall meet the design standards applicable to single-family homes established by BGMC 17.106.040(B). (Ord. 18-10 § 4 (part), 2018: Ord. 17-06 § 7 (part), 2017: Ord. 05-014 § 1, 2005: Ord. 99-008 § 2(B) (part), 1999; Ord. 96-804 § 1, 1996)

17.135.105 Marijuana development regulations.

A. Purpose. The purpose of this section is to regulate marijuana activity allowed under a voter-approved statewide initiative (Initiative 502), following all state regulations in regards to marijuana retail, processing, producing and research facilities, as well as additional local standards to address potential public health, safety and welfare considerations.

B. Required Review. A Type II land use review is required to operate a marijuana business. The director shall review applications to operate a marijuana business for compliance with this section and all other applicable development standards.

C. Locations.

1. Only one marijuana retail business is allowed within the city limits of Battle Ground.

2. The city of Battle Ground may not issue a license for any marijuana related business within one thousand feet of the perimeter of the grounds of any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, or library, or any game arcade admission to which is not restricted to persons aged twenty-one years or older.

3. Marijuana retail businesses are permitted only in the RC (regional commercial) and CC (community commercial) zone districts as specified in Table 17.118-1.

4. Marijuana processing, producing, and research facilities are permitted only in the ML (light industrial) zone districts as specified in Table 17.120-1.

5. Marijuana businesses are not permitted as a home occupation under BGMC 17.135.090.

6. Marijuana businesses shall not be located in mobile structures.

7. Cooperatives are prohibited within the city limits of Battle Ground.

D. Development Regulations.

1. To operate within the city, each marijuana business is required to have a current license issued by Washington State under the provisions of Chapter 314-55 WAC and a current business license issued by the city under the provisions of Chapter 5.03 BGMC. No application for a business license for a marijuana business shall be accepted unless the applicant has a current license issued under Chapter 314-55 WAC.

2. All marijuana business must take place within a fully enclosed, secure indoor facility or greenhouse with rigid walls, a roof, and doors.

3. Marijuana plants, products, or paraphernalia must not be visible from any public or private property.

4. Marijuana businesses shall incorporate odor control technology and provisions, and ensure that emissions do not exceed Southwest Washington Clean Air Agency Regulations, including but not limited to those specified for odors at 400.040(4).

5. For signage, marijuana businesses are allowed two wall signs no larger than one thousand six hundred square inches. No other signage is permitted.

6. Marijuana businesses are subject to all applicable requirements of the Battle Ground Municipal Code, as now exists or may be amended.

7. Marijuana businesses are subject to all applicable requirements of RCW Title 69 and Chapter 314-55 WAC and other state statutes, as they now exist or may be amended.

E. No Nonconforming Uses. No use that constitutes or purports to be a marijuana producer, processor, or retailer, as those terms are defined in the ordinance codified in this section, that was engaged in that activity prior to the enactment of the ordinance codified in this section shall be deemed to have been a legally established use under the provisions of the Battle Ground Municipal Code and that use shall not be entitled to claim legal nonconforming status. (Ord. 18-10 § 4 (part), 2018: Ord. 17-06 § 7 (part), 2017: Ord. 16-02 § 5, 2016)

17.135.110 Residential condominiums.

Condominiums shall meet all applicable laws of the state of Washington. Residential condominium developments shall not exceed the maximum density permitted within the particular district where they are located. (Ord. 18-10 § 4 (part), 2018: Ord. 17-06 § 7 (part), 2017: Ord. 06-07 § 10, 2006: Ord. 04-024 § 38, 2004: Ord. 95-769 § 5 (part), 1995)

17.135.115 Sidewalk dining and seating.

Sidewalk cafes and seating may be permitted by the planning director within commercial zones and for neighborhood commercial sites as a Type I land use action, subject to compliance with the following provisions:

A. Adequate sidewalk width shall be present to maintain an unobstructed width of four feet outside of the location of the outdoor seating;

B. Outdoor seating shall be limited to owner or operator of the directly adjacent food service establishment;

C. If alcoholic beverages are served, a physical barrier shall delineate the seating area from the remaining sidewalk. This barrier shall be physically anchored to the sidewalk through an approved removable connection;

D. The applicant shall sign a statement that the permittee shall hold the city and its employees harmless, and shall indemnify the city for any claims for damages or injury to property or persons from the use of the sidewalk. The applicant shall maintain public liability, food liability and property damage insurance of at least two million dollars per occurrence and listing the city as an additional insured;

E. Permits shall be valid for a period of one year and may be renewed annually at the request of the applicant. Permits may be revoked or denied renewal based upon noncompliance with conditions or because of public disturbance complaints or calls;

F. Permits are nontransferable. (Ord. 18-10 § 4 (part), 2018: Ord. 17-06 § 7 (part), 2017: Ord. 04-024 § 39, 2004)

17.135.120 Swimming pools.

(Reserved). (Ord. 17-06 § 7 (part), 2017)

17.135.130 Temporary uses and structures.

Temporary uses and structures may be permitted by the planning director as a Type I land use action, subject to compliance with any applicable regulations of this title. Temporary uses shall be limited to a maximum of one year with no extensions and shall be limited to the following circumstances:

A. Contractors’ offices and storage of equipment used during the building of roads, utilities and other developments during the actual construction of the development.

B. Other uses and activities of a temporary nature where compliance with the development standards is impracticable because of the temporary nature of the activity. (Ord. 18-10 § 4 (part), 2018: Ord. 17-06 § 7 (part), 2017: Ord. 04-024 § 40, 2004: Ord. 99-008 § 2(B) (part), 1999; Ord. 95-769 § 5 (part), 1995)

17.135.150 Trailer and boat storage in residential districts.

Storage of house trailers, horse trailers and other recreational vehicles and trailers in residential districts outside of an enclosed structure shall be kept behind the front building line of the principal dwelling unit and shall observe the other setback requirements that apply to accessory buildings and structures. (Ord. 18-10 § 4 (part), 2018: Ord. 17-06 § 7 (part), 2017: Ord. 04-042 § 42, 2004: Ord. 95-769 § 5 (part), 1995)

17.135.160 Yard sales.

On any one premises, no more than three yard or garage sales shall be permitted during a calendar year. Any individual yard sale event shall not exceed seventy-two hours. (Ord. 18-10 § 4 (part), 2018: Ord. 17-06 § 7 (part), 2017: Ord. 95-769 § 5 (part), 1995)

17.135.170 Regulation of adult entertainment establishments.

A. Purpose. The purpose of this chapter is to regulate the location, permitting and operation of adult entertainment enterprises in order to promote the health, safety and welfare of all city of Battle Ground citizens and in order to preserve and protect the quality of, and the quality of life in and around, all city of Battle Ground neighborhoods through effective land use planning and reasonable regulation in light of the findings adopted by the city council and to regulate the display of adult materials by other commercial establishments.

B. Applicability. The provisions of this section apply to any adult entertainment establishment, as defined by BGMC 17.135.175, within the corporation limits of the city of Battle Ground. (Ord. 18-10 § 4 (part), 2018: Ord. 17-06 § 7 (part), 2017: Ord. 99-006 § 1, 1999)

17.135.175 Adult entertainment establishments—Definitions.

Any term used in this chapter shall be defined as follows:

“Adult entertainment enterprise” (also “adult entertainment establishment,” “adult business,” “adult-oriented business,” “sexually-oriented business,” or any combination thereof used in the context of this chapter) means an establishment, including an adult arcade, adult bookstore, adult lounge, adult encounter center, adult lotion or massage parlor, adult modeling studio, adult motel, adult movie theater, adult video store or any similar establishment to which customers are invited or permitted access and which, for consideration of any kind, offers adult materials to such customers when:

1. Any live, video or film adult materials are displayed to customers while on the premises of the establishment.

2. Adult materials, constituting either fifty percent or more of the establishment’s stock in trade, as computed by items offered for sale, or fifty percent of gross revenue, are offered for off-premises display to customers.

3. “Adult entertainment enterprises” include the following uses:

a. Adult Arcade. “Adult arcade” means an adult entertainment enterprise, or segment thereof, which provides rooms, booths or devices, whether referred to as arcades, panoramas, peep shows, preview rooms, reading rooms or viewing booths, and regardless of the method of activation or operation, in which or upon which are produced graphic displays or other pictorial or visual images of adult material for on-premises display;

b. Adult Bookstore. “Adult bookstore” means an adult entertainment enterprise, or segment thereof, which offers books, magazines, record or audio tape jackets, periodicals or other printed or pictorial matter constituting or containing adult material which is offered to customers;

c. Adult Encounter Center. “Adult encounter center” means an adult entertainment enterprise, or segments thereof, whether referred to as a lotion studio, massage parlor, sexy reading room, spa, steam bath or sauna, wherein either employees or customers, or both, display and have direct physical contact with specified anatomical areas of one another or engage in specified sexual activities with or in the presence of one another;

d. Adult Lounge. “Adult lounge” means an adult entertainment enterprise, or segment thereof, including any bar, cabaret, lounge, tavern, theater, concert hall, auditorium or similar structure, regardless of whether such enterprise dispenses alcohol or is regulated by or under the authority of the state of Washington, wherein the live on-premises display of adult material, either by employees or customers, or both, is provided or permitted;

e. Adult Modeling Studio. “Adult modeling studio” means an adult entertainment enterprise, or segment thereof, wherein models are provided who engage in or display adult material while being observed, painted, painted upon, sketched, drawn, sculptured, photographed or otherwise depicted by customers;

f. Adult Motels. “Adult motels” means a commercial establishment, including hotel, motel or similar public accommodation which:

i. Displays a primary or secondary sign, visible from the public right-of-way, which advertises the establishment as an “adult” facility or advertises the availability of services set forth in subsection (3)(f)(ii) or (iii) of this definition, and

ii. Offers sleeping rooms for rent at a reduced rate for a period of time that is less than ten hours, or

iii. Provides to its customers facilities for on-premises viewing of adult material not transmitted over the airways.

Evidence that such establishment has, on more than three occasions in any period of ten consecutive days, engaged in conduct described in subsection (3)(f)(ii) of this definition shall constitute prima facie evidence that such establishment is an adult motel;

g. Adult Movie Theater. “Adult movie theater” means an adult entertainment enterprise, or segment thereof, wherein motion picture films, video cassettes, cable television or any other such visual media in which adult material constitutes a predominant theme are regularly displayed on-premises to more than five customers at any one time;

h. Adult Video Store. “Adult video store” means an adult entertainment enterprise, or segment thereof, which offers still photographs, motion picture film, video cassettes or other recorded visual images or pictorial representations constituting or containing adult materials for off-premises display.

“Adult material” means any material, conveyed or communicated by live performance, still photograph, printed or pictorial matter, motion picture film, slide, video cassette, recorded graphic or visual imagery, human conduct or any other medium which material is intended to provide sexual stimulation or sexual gratification and which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. “Adult material” also includes any instrument, device or paraphernalia designed for use in connection with specified sexual activities.

“Church” means a permanently located building primarily used for religious worship.

Conduct Any Business. Any person who does any one or more of the following shall be deemed to be “conducting business”:

1. Operates a cash register, cash drawer or other depository on the premises of an establishment where cash funds, other instruments, or records of credit card or other credit transactions generated in any manner by the operation of the establishment or the activities conducted therein are kept;

2. Displays or takes order from any customer for any merchandise, goods, entertainment or other services offered on the premises of the establishment;

3. Delivers or provides to any customer any merchandise, goods, entertainment or other services offered on the premises of the establishment;

4. Acts as a door attendant to regulate entry of customers or other persons into the premises of the establishment; or

5. Supervises or manages other persons in the performance of any of the foregoing activities on the premises of the establishment.

“Contact” means the performance of any specified sexual activity or any touching, clothed or unclothed, direct or indirect, of specified anatomical areas.

“Council” means the city of Battle Ground city council.

“Customer” means any person eighteen years of age or older who:

1. Is allowed to enter a regulated establishment, in return for the payment of an admission fee or any other form of consideration or gratuity;

2. Enters a regulated establishment and purchases, rents or otherwise partakes of any merchandise, goods, entertainment or other services offered therein; or

3. Is a member, guest or invitee of and on the premises of a regulated establishment operating as a private club.

“Day care center” means a building and premises in and on which individuals are cared for during some portion of a twenty-four hour period, as further defined at BGMC 17.135.070.

“Department” means the city of Battle Ground planning department.

“Display” means any performance or exposure of adult materials or the rendition of any services involving or relating to the performance or exposure of adult materials to customers for consideration of any kind when customers are allowed to read or view such material in its entirety or to inspect or handle such material outside of opaque sealed containers. The physical delivery of printed matter or of goods or merchandise in sealed containers, for any consideration, to customers without on-premises performance or exposure, or rendition of services, is not a display.

“Display surface” means the entire surface of a sign, on one side, devoted to exhibiting advertising. The display surface shall not include the sign frame and incidental supports thereto.

“Employee” means any person who renders any service whatsoever to the customers of an establishment or who works in or about an establishment or who receives compensation for such services or work from the operator or owner of the establishment or from any customer therein.

“Entertainer” means any person who provides adult entertainment within an adult entertainment enterprise as defined in this section whether or not a fee is charged or accepted for entertainment.

“Establishment” means any business engaged in with the object of gain, benefit or advantage, direct or indirect, to the owner, operator or another person, including any business use, commercial use, home business or home occupation regulated under this chapter, but excluding:

1. Churches, as defined in this section;

2. Any private or public college or university, as defined in and regulated by RCW Title 28B;

3. Health care professionals, as defined in RCW 18.120.020(1);

4. Hospitals, as defined in and regulated by RCW Title 70;

5. Any recognized historical society or museum, any college or university library, or any other archive or library under the supervision of the state, county, a municipality or other political subdivision;

6. Nursing homes, as defined in RCW 18.51.010(1);

7. Private or public schools, as defined in and regulated by RCW Title 28A;

8. Any facility operated by the state, county, city, a municipality or other political subdivision;

9. Vocational education programs, as defined in or regulated by RCW Title 28C or Title 18.

“Exterior portion” means any part of the physical structure of a regulated establishment, including a wall, veneer, door, fence, roof, roof covering, fascia or window, which is visible from any public property, public way or common area.

“Interior portion” means any part of the physical structure of a regulated establishment to which customers are invited or allowed access, including restrooms.

“Library” means any library of any college or university, any archive or library under the supervision of the state, county, city, a municipality or other political subdivision, including any recognized historical society or museum.

“Licensee” means the person or persons to whom an adult entertainment business license is issued pursuant to Chapter 5.14 BGMC.

“Liquor” means all beverages defined in RCW 66.04.200.

“Manager” means any person who manages, directs, administers or is in charge of the affairs and/or conduct of any portion of any activity involving adult entertainment occurring on any adult entertainment enterprise and includes assistant managers working with or under the direction of the manager to carry out such purposes.

“Operator” means the manager or other natural person principally in charge of a regulated establishment.

“Owner” means the proprietor, if a sole proprietorship, all partners (general and limited), if a partnership, or all officers, directors, and persons holding ten percent or more of the outstanding shares, if a corporation. The term “owner” shall not include any limited partner or shareholder who has given the operator a statement under oath that he or she does not desire to be listed on the permit application and that he or she waives any right to any notice that is required or permitted to be given under this chapter.

“Park” means publicly owned real property dedicated to recreational uses.

“Planning director” means the planning director of the city of Battle Ground.

“Police chief” means the police chief of the city of Battle Ground.

“Regulated establishment” means any adult entertainment enterprise as defined in this chapter.

“Residential zone” means any real property zoned for urban or rural single-family or multifamily residential use pursuant to this title.

“School” means a building where persons regularly assemble for the purpose of instruction or education together with the playgrounds, stadia and other structures or grounds used in conjunction therewith. The term “school” is limited to public and private schools used for primary or secondary education, in which regular kindergarten or grades one through twelve classes are taught or special educational facilities in which students who have physical or learning disabilities receive specialized education in lieu of attending regular classes in kindergarten or any of the grades one through twelve. The term “school” shall be construed to encompass all associated and adjoining real property which is then dedicated and used for school purposes.

“Sign” means, in addition to the meanings described in this title, any display, design, pictorial or other representation, which shall be so constructed, placed, attached, painted, erected, fastened or manufactured in any manner whatsoever so that the same is visible from the outside of a regulated establishment and that is used to seek the attraction of the public to any goods, services or merchandise available at such regulated establishment. The term “sign” shall also include such representations painted on or otherwise affixed to any exterior portion of a regulated establishment as well as such representations on or otherwise affixed to any other part of the tract upon which such a regulated establishment is situated.

“Specified anatomical areas” means:

1. Definition:

a. Human genitals, pubic region or pubic hair,

b. Buttock,

c. Female breast or breasts below a point immediately above the top of the areola,

d. Any combination of the foregoing listed in this subsection; or

2. Human male genitals in a discernibly erect state, even if completely and opaquely covered.

“Specified sexual activities” means:

1. Human genitals in a discernible state of sexual stimulation or arousal;

2. Acts of human masturbation, sexual intercourse or sodomy;

3. Fondling or other erotic touching of human genitals, pubic region or pubic hair, buttock or female breast or breasts; or

4. Any combination of the foregoing listed in this subsection. (Ord. 18-10 § 4 (part), 2018: Ord. 17-06 § 7 (part), 2017: Ord. 99-006 § 2, 1999)

17.135.180 Procedures to establish adult entertainment establishment.

A. Requests to establish an adult entertainment establishment shall be processed as a Type II application pursuant to BGMC 17.143.030.

B. Permitting and Licensing Procedure. To establish an adult entertainment enterprise, an applicant shall complete the following in the order they are listed:

1. Obtain site plan approval from the planning director pursuant to Chapter 17.143 BGMC and the applicable sections of this chapter.

2. Obtain an adult entertainment license from the city treasurer/finance director pursuant to Chapter 5.14 BGMC.

3. Obtain a certification of site plan compliance from the planning director pursuant to Chapter 17.143 BGMC.

4. Obtain an occupancy permit from the building official pursuant to BGMC 15.104.050. The building official shall not issue the occupancy permit until all of the above have been satisfied.

C. Submittal Requirements. In addition to the information required by BGMC 17.143.050, the applicant shall submit the following information:

1. A site plan, prepared in accordance with the provisions of Chapter 17.143 BGMC.

2. A written description of the proposal, including details of the type or types of adult enterprises to be operated by the prospective licensee (e.g., arcade, bookstore, lounge, encounter center, lotion or massage parlor, modeling studio, motel, movie theater, video store) and shall specify whether the enterprise will involve live on-premises display or on-premises display.

3. Exterior signage and interior plans drawn to scale and accurate to plus or minus six inches which cover the applicable requirements and provisions of the city of Battle Ground sign code.

D. Criteria for Approval. The planning and development director shall approve a request for an adult entertainment establishment if the applicant and proposal meet all of the following criteria:

1. Applicant Requirements. The intended owner of the real property shall not have had any felony conviction or any misdemeanor conviction within the last five years that involved assault, controlled substances, theft or illegal conduct with a minor. Any person with three or more misdemeanor convictions in the last ten years will be disqualified;

2. Location Requirements. Adult entertainment establishments shall meet the following location criteria:

a. Conflicting Uses. No adult entertainment enterprise shall be permitted if the same is hereinafter located within five hundred feet of any residential zone, school, church, day care center, park or public service facility, such as city hall or social service center. Measurements, for purposes of this section, shall be made on a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the adult entertainment enterprise to the nearest point on the property line of such school, church, day care center, park or residential zone.

b. Other Adult Entertainment Uses. No adult entertainment enterprise shall be permitted nor conduct any business within five hundred feet of any other adult entertainment enterprise operating under a current and valid adult entertainment permit. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the applicant’s adult entertainment enterprise to the nearest point on the property line of any other adult entertainment enterprise. (Ord. 18-10 § 4 (part), 2018: Ord. 17-06 § 7 (part), 2017: Ord. 02-009 § 71, 2002: Ord. 99-006 § 3, 1999)

17.135.185 Adult entertainment establishments—Regulations.

Regulations for operating an adult entertainment establishment shall be as follows:

A. Exterior Regulations.

1. Signage. Signage shall comply with applicable requirements of Chapter 17.139 BGMC.

2. Visual Access. No permit shall be issued or continued for an adult entertainment enterprise, if the merchandise or activities of the adult entertainment enterprise are visible from any point outside such enterprise.

3. Exterior Decor. No permit shall be issued or continued for an adult entertainment enterprise, if the exterior portions of such enterprise have flashing lights, or any words, lettering, photographs, silhouettes, drawings or pictorial representations of any manner.

B. Interior Regulations. The interior of the establishments shall meet the following criteria:

1. Lighting Requirements. No permit shall be issued or continued for an adult entertainment enterprise unless such enterprise installs or maintains, except during actual projection of films by adult movie theaters, overhead lighting fixtures of sufficient intensity to illuminate every place within the interior of the premises to which customers will be permitted access at an illumination sufficient to read twelve point type.

2. Interior Sight and Setback Requirements. Except for an adult motel, no permit shall be issued or continued for any adult entertainment enterprise unless the floor plan, as built and maintained, provides for the following:

a. Unobstructed Observation. Unobstructed observation, from any manager station or stations, measured in a straight line, must be possible so that all customers are visible from the waist down at all times in any portion of the interior of the enterprise. For purposes of this section, doors, curtains, partitions, racks, shelves or display racks shall be deemed obstructions. This section shall not apply to restrooms within the premises.

b. Live Display Areas and Setbacks. In the case of adult lounges, adult modeling studios or like enterprises which provide live on-premises display of adult material, in addition to the requirements of subsection (B)(1) of this section, all areas where such display will occur shall be raised to a height of not less than two feet and shall be separated by a setback area of a distance of ten lineal feet from any customer observation area, measured in a straight line from the nearest point of the display area to the nearest point of customer observation.

C. Floor Plans for Permitted Establishments. No permit shall be issued or continued for an adult entertainment enterprise unless a floor plan is submitted with any original, transfer or renewal application. Such floor plan shall accurately reflect the interior floor plan of the enterprise at the time of filing of the application and shall designate:

1. All portions of the enterprise to which customer access will not be permitted;

2. The location of any manager’s station or stations and cash registers;

3. The location of all overhead lighting fixtures;

4. The location of all restrooms;

5. The location of all partitions, rooms or booths and the entrances to such rooms or booths;

6. The location of all fire exits;

7. In the case of an adult lounge or adult modeling studio or similar establishment, the location where any live on-premises display will occur and the exact distance, measured in a straight line to the nearest point for customer observation; and

8. The place within the interior of the establishment where the permit of occupancy and adult entertainment permit shall be posted, if granted. (Ord. 18-10 § 4 (part), 2018: Ord. 17-06 § 7 (part), 2017: Ord. 99-006 § 4, 1999)

17.135.190 Adult entertainment establishments—Alterations to permitted establishments.

No additions or alterations to any approved floor plan may be made without prior written approval of the planning director upon written application by the licensee, supported by a floor plan, as required by this section, showing the nature and extent of such addition or alteration. No application for a modified permit or occupancy shall be accepted for filing without payment in full of a fee set by city council. Alteration to floor plans of a permitted establishment shall be processed as a Type I land use action, pursuant to BGMC 17.143.030. (Ord. 18-10 § 4 (part), 2018: Ord. 17-06 § 7 (part), 2017: Ord. 99-006 § 5, 1999)

An additional building review is required for all new fences six feet or higher, walls four feet or higher, and retaining walls that support a surcharge. An additional engineering review is required for all corner lots.