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Title 18
ZONINGChapters:
18.02 General Provisions
18.04 Districts and Zoning Map
18.06 R-1 Low Density Single-Family Residential District
18.08 R-2 Moderate Density Single-Family Residential District
18.10 R-3 Mixed Residential District
18.12 R-4 Multifamily Residential District
18.14 GO General Office District and GO-H General Office-Hospital District
18.16 RMHP Residential Manufactured Home Park District
18.20 NB Neighborhood Business District
18.22 HCB Highway and Community Business District
18.24 CB-1 Central Business District
18.26 CB-2 Central Business District
18.28 LI Light Industrial District
18.30 P Public Use District
18.32 H Hospital District
18.34 Planned Unit Development (PUD)
18.36 Old Town Overlay District
18.37 Accessory Uses
18.38 Conditional Uses
18.40 Site Plan Approvals
18.42 Rezones
18.44 HCB Highway and Community Business Mixed Use Overlay District
Chapter 18.02
GENERAL PROVISIONSSections:
18.02.010 Title – Powers.
18.02.020 Purpose.
18.02.010 Title – Powers.
A. This title shall be known as “The Enumclaw Zoning Ordinance.”
B. This title exercises the authority of RCW Title 35A to:
1. Regulate and restrict the location and use of buildings, structures and land for residence, trade, commerce, industrial and other purposes;
2. Regulate the height, number of stories, size, construction of buildings and other structures; the size of yards, courts and other open spaces; the density of population; and the setback of buildings along public streets and road rights-of-way; and
3. Divide the city into districts of such number, shape and area as may be deemed best suited to carry out the regulations and provide for their enforcement. (Ord. 1960 § 3, 1998).
18.02.020 Purpose.
These regulations are deemed necessary in order to:
A. Promote the interest of health, safety, morals and the general welfare;
B. Secure safety from fire and to provide adequate open spaces for light and air;
C. Prevent the overcrowding of land;
D. Avoid undue concentration of population;
E. Conserve and stabilize property values;
F. Promote the achievement of the comprehensive plan for the city;
G. Stabilize expectations regarding future development of Enumclaw thereby providing a basis for wise decisions with respect to such development. (Ord. 1960 § 3, 1998).
Chapter 18.04
DISTRICTS AND ZONING MAPSections:
18.04.010 Districts established.
18.04.020 District establishment – Method.
18.04.030 Map – Contents.
18.04.040 Map – Division.
18.04.050 Boundaries – Ascertaining.
18.04.060 Zoning of annexed areas.
18.04.070 Rezones to less restrictive districts.
18.04.010 Districts established.
In order to classify, regulate, restrict and segregate the uses of land and buildings, to regulate and restrict the height and size of buildings, to regulate the area of yards and other open spaces about buildings, and to regulate the density of population, the following classes of use districts and subdistricts are established:
R-1
Residential – Low density single-family
R-2
Residential – Moderate density single-family
R-3
Residential – Mixed residential
R-4
Residential – Multifamily
GO
General office
RMHP
Residential manufactured home park
NB
Neighborhood business
HCB
Highway and community business
CB-1
Central business 1
CB-2
Central business 2
RVP
Trailer courts or recreational vehicle parks
PUD
Planned unit development
LI
Light industrial
P
Public
H
Hospital
OT
Old Town overlay
(Ord. 1960 § 3, 1998).
18.04.020 District establishment – Method.
On the effective date of the ordinance codified in this title, the provisions of this title shall apply to and govern the use or maintenance or keeping of any land or other property in the city, exclusive of streets, alleys and public lands used or reserved for governmental purposes as provided by law. The city shall be divided by the city council into parts and each such part may be subdivided into units for purposes of imposing or establishing districts and subdistricts on land and property. Such parts or units may be zoned and rezoned whenever the city council, after investigation and report by the planning commission, finds that public convenience, the general welfare or good zoning practice justifies such action. (Ord. 1960 § 3, 1998).
18.04.030 Map – Contents.
The location and geographical boundaries of various districts shall be shown on a map or maps setting forth the district classifications applicable to the land and property contained in the zoning map. (Ord. 1960 § 3, 1998).
18.04.040 Map – Division.
The zoning map may, for convenience of use and for purposes of more readily identifying locations within such zoning map, be subdivided into units and such parts and units may be separately employed for identification purposes when amending the zoning map or for any official reference to the zoning map. (Ord. 1960 § 3, 1998).
18.04.050 Boundaries – Ascertaining.
Where uncertainty exists as to the boundaries of any district as shown on any zoning map or part thereof, the following rules apply:
A. Where such boundaries are indicated as approximately following street lines, alley lines or lot lines and are not more than 20 feet therefrom, such lines shall be construed to be such boundaries.
B. In the case of unsubdivided property and where a zone boundary divides a lot the locations of such boundaries, unless the same are indicated by dimensions, shall be determined by the use of the scale appearing on such zoning map.
C. Where a public street or alley is officially vacated, the zoning regulations applicable to abutting property on each side of the centerline apply up to the centerline of such vacated street or alley on each respective side thereof.
D. Areas of dedicated streets or alleys and railroad rights-of-way, other than those designated on the zoning map as being classified in one of the districts provided in this title, shall be deemed to be unclassified and, in the case of railroad rights-of-way, permitted to be used solely for the purpose of accommodating tracks, signals and other operative devices and the movement of rolling stock. (Ord. 1960 § 3, 1998).
18.04.060 Zoning of annexed areas.
All zoning of annexed areas shall have zoning established that is consistent with the comprehensive plan designation(s) for the subject areas. (Ord. 1960 § 3, 1998).
18.04.070 Rezones to less restrictive districts.
In a district rezoned from a more restrictive classification to a less restrictive classification or where a trailer house or mobile home park permit is issued, a building permit must be secured in accordance with the approved final site development plan within three years from the effective date of the ordinance establishing such district. On the zoning map there shall be printed or indicated the effective date and the expiration date. When the above time limit has not been complied with, the zoning district so established shall automatically revert to its prior classification. (Ord. 1960 § 3, 1998).
Chapter 18.06
R-1 LOW DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICTSections:
18.06.010 Purpose.
18.06.020 Permitted uses.
18.06.030 Conditional uses.
18.06.040 Building height.
18.06.050 Detached accessory buildings.
18.06.060 Lot area, minimum street frontage and yard requirements.
18.06.070 Lot coverage.
18.06.080 Corner lots.
18.06.090 Signs.
18.06.100 Parking.
18.06.110 Lot access.
18.06.010 Purpose.
The R-1 district is designated to create a semi-rural low density single-family environment and allow for certain limited agricultural pursuits. Another important function of the majority of the R-1 district is to provide a buffer between the agricultural uses in the county and the higher density uses with the city. (Ord. 1960 § 3, 1998).
18.06.020 Permitted uses.
In the R-1 district the following buildings and uses are permitted as hereinafter specifically provided for by this chapter, subject to the other provisions of these development regulations:
A. Family home for adults;
B. Foster family homes;
C. Home occupations (see Chapter 15.04 EMC, Definitions);
D. Day care homes, provided a copy of the Washington State child day care license is submitted to the administrator;
E. Pets, not more than four of which can be kept in a home, such as dogs, cats, deodorized skunks or other domestic or tamed wild animals which are not vicious by nature. This limit of pets shall not include birds, fish, suckling young of a pet or other animals which, at all times, are kept inside a fully enclosed or accessory building, and which do not create an odor which is detectable on the adjoining lot. The keeping on the premises of any kind of livestock is prohibited;
F. Public and semipublic buildings essential to the physical and economic welfare of an area, such as fire stations, substations and pump stations. Rear and side yards for these uses shall be a minimum of 25 feet in width. No stockpiling or storage of materials shall be allowed;
G. Single-family dwellings;
H. Accessory dwelling units that comply with Chapter 19.34 EMC. (Ord. 2177 § 1, 2003; Ord. 2119 § 3, 2001; Ord. 1960 § 3, 1998).
18.06.030 Conditional uses.
The planning commission may grant a conditional use permit for the following buildings and uses in accordance with the procedures set forth in Chapter 18.38 EMC:
A. Bed and breakfast, subject to EMC 19.32.030;
B. Churches, subject to EMC 19.32.130;
C. Colleges, private and public;
D. Community centers;
E. Day care centers;
F. Driving ranges;
G. Golf courses;
H. Parks and playgrounds, private and public;
I. Schools, private and public, elementary, junior and senior high. (Ord. 1960 § 3, 1998).
18.06.040 Building height.
No principal building shall exceed either two and one-half stories or 30 feet in height. (Ord. 1960 § 3, 1998).
18.06.050 Detached accessory buildings.
The following minimum requirements for detached accessory buildings in the zoning classification set forth in this chapter shall be:
A. Detached accessory buildings which have a footprint size no greater than 120 square feet, do not exceed 10 feet in height at the roof peak and do not exceed eight feet in height at the roof’s eaves, shall comply with a three-foot minimum side and rear yard setback. All other detached accessory buildings shall not exceed one story or 18 feet in height and shall comply with the yard setbacks as defined in EMC 18.06.060.
B. Detached accessory buildings shall not occupy more than 50 percent of the combined area of the rear and side yards.
C. A garage shall maintain an eight-foot setback from an alley line, if the vehicle entrance is perpendicular to the alley, and a four-foot setback from the alley line, if the entrance is on any other side than that of the alley. (Ord. 2090 § 1, 2000; Ord. 1960 § 3, 1998).
18.06.060 Lot area, minimum street frontage and yard requirements.
The following minimum requirements shall be observed, except where increased for conditional use:
A. Lot area: minimum 15,000 square feet;
B. Minimum street frontage: 50 feet;
C. Front yard: 20 feet;
D. Rear yard: 25 feet, except detached accessory buildings which shall be at 7.5 feet from eaves;
E. Side yard: 7.5 feet from eaves;
F. Where a utility easement is recorded adjacent to a side lot line, there shall be a side yard no less than the width of the easement. (Ord. 2177 § 1, 2003; Ord. 1960 § 3, 1998).
18.06.070 Lot coverage.
Maximum lot coverage by buildings in the R-1 district is 30 percent. (Ord. 1960 § 3, 1998).
18.06.080 Corner lots.
Corner lots shall observe the minimum front yard setback requirements on both streets. (Ord. 1960 § 3, 1998).
18.06.090 Signs.
The only signs permitted in the R-1 district are those allowed in Chapter 19.10 EMC. (Ord. 1960 § 3, 1998).
18.06.100 Parking.
All uses shall conform to the general provisions and exceptions set forth in Chapters 19.14 and 19.16 EMC. (Ord. 1960 § 3, 1998).
18.06.110 Lot access.
All lots shall front on a public street. (Ord. 1960 § 3, 1998).
Chapter 18.08
R-2 MODERATE DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICTSections:
18.08.010 Purpose.
18.08.020 Permitted uses.
18.08.030 Conditional uses.
18.08.040 Building height.
18.08.050 Detached accessory buildings.
18.08.060 Lot area, street frontage and yard requirements.
18.08.070 Maximum lot coverage.
18.08.080 Corner lots.
18.08.090 Lots abutting an alley.
18.08.100 Signs.
18.08.110 Parking.
18.08.120 Lot access.
18.08.010 Purpose.
The R-2 district is intended for moderate density, urban residential use. A stable and healthful environment together with the full range of urban services makes this an important land use of the community. (Ord. 1960 § 3, 1998).
18.08.020 Permitted uses.
In the R-2 district the following buildings and uses are permitted as hereinafter specifically provided for by this chapter, subject to the other provisions of these development regulations:
A. Day care homes, provided a copy of the Washington State child day care license is submitted to the administrator;
B. Family homes for adults;
C. Foster family homes;
D. Home occupations (see Chapter 15.04 EMC, Definitions);
E. Pets, not more than four of which can be kept in a home, such as dogs, cats, deodorized skunks or other domestic or tamed wild animals which are not vicious by nature. This limit of pets shall not include birds, fish, suckling young of a pet or other animal which, at all times, are kept inside a fully enclosed or accessory building, and which do not create an odor which is detectable on the adjoining lot. The keeping on the premises of any kind of livestock is prohibited;
F. Public and semipublic buildings essential to the physical and economic welfare of an area, such as fire stations, substations and pump stations. Rear and side yards for these uses shall be a minimum of 25 feet in width. No stockpiling or storage of materials shall be allowed;
G. Single-family dwellings;
H. Accessory dwelling units that comply with Chapter 19.34 EMC. (Ord. 2177 § 2, 2003; Ord. 2119 § 4, 2001; Ord. 1960 § 3, 1998).
18.08.030 Conditional uses.
The planning commission may grant a conditional use permit for any of the following buildings and uses:
A. Bed and breakfast, subject to EMC 19.32.030;
B. Churches, subject to EMC 19.32.130;
C. Colleges, private and public;
D. Community centers;
E. Day care centers;
F. Duplexes, subject to the criteria set forth in EMC 19.32.050;
G. Driving ranges;
H. Golf courses;
I. Parks and playgrounds, private and public;
J. Schools, private and public, elementary, junior and senior high. (Ord. 1960 § 3, 1998).
18.08.040 Building height.
No principal building shall exceed either two and one-half stories or 30 feet in height. (Ord. 1960 § 3, 1998).
18.08.050 Detached accessory buildings.
The following minimum requirements for detached accessory buildings in the zoning classification set forth in this chapter shall be:
A. Detached accessory buildings which have a footprint size no greater than 120 square feet, do not exceed 10 feet in height at the roof peak and do not exceed eight feet in height at the roof’s eaves, shall comply with a three-foot minimum side and rear yard setback. All other detached accessory buildings shall not exceed one story or 18 feet in height and shall comply with the yard setbacks as defined in EMC 18.08.060.
B. Detached accessory buildings shall not occupy more than 50 percent of the combined area of the rear and side yards.
C. A garage shall maintain an eight-foot setback from an alley line, if the vehicle entrance is perpendicular to the alley, and a four-foot setback from the alley line, if the entrance is on any other side than that of the alley. (Ord. 2090 § 1, 2000; Ord. 1960 § 3, 1998).
18.08.060 Lot area, street frontage and yard requirements.
The following minimum requirements shall be observed except where increased for conditional use:
A. Lot area: maximum, 18,000 square feet; minimum, 8,400 square feet;
B. Minimum street frontage: 50 feet;
C. Front yard: 20 feet;
D. Rear yard: 25 feet, except detached accessory buildings which shall be at 7.5 feet from eaves;
E. Side yard: 7.5 feet from eaves;
F. Where a utility easement is recorded adjacent to a side lot line, there shall be a side yard no less than the width of the easement;
G. When a short plat provides for one or more lots with a minimum square footage of 8,400 square feet, one lot of not less than 7,500 square feet may be included in the short plat if approved by the planning commission. The substandard area lot, when recorded, shall be restricted from applying for a variance which is related to lot area, yard setbacks and lot coverage. This restriction shall be placed on the face of the short plat when so recorded. The administrator may grant one lot, not less than 7,500 square feet, to be included within the short plat, if all lots surrounding the parcel to be short platted are substantially greater than the minimum 8,400 square feet and it is compatible with the area surrounding the proposed short plat. (Ord. 2177 § 2, 2003; Ord. 1960 § 3, 1998).
18.08.070 Maximum lot coverage.
Maximum lot coverage by buildings in the R-2 district is 40 percent. (Ord. 1960 § 3, 1998).
18.08.080 Corner lots.
Corner lots shall observe the minimum front yard setback requirements on both streets. (Ord. 1960 § 3, 1998).
18.08.090 Lots abutting an alley.
In a lot abutting an alley the required rear yard space can be measured from the abutting alley line. (Ord. 1960 § 3, 1998).
18.08.100 Signs.
The only signs permitted in the R-2 district are those allowed in Chapter 19.10 EMC. (Ord. 1960 § 3, 1998).
18.08.110 Parking.
All uses shall conform to the general provisions and exceptions set forth in Chapters 19.14 and 19.16 EMC. (Ord. 1960 § 3, 1998).
18.08.120 Lot access.
All lots shall front on a public street. (Ord. 1960 § 3, 1998).
Chapter 18.10
R-3 MIXED RESIDENTIAL DISTRICTSections:
18.10.010 Purpose.
18.10.020 Permitted uses.
18.10.030 Conditional uses.
18.10.040 Building height.
18.10.050 Detached accessory buildings.
18.10.060 Lot area, minimum street frontage, and yard requirements.
18.10.070 Maximum lot coverage.
18.10.080 Corner lots.
18.10.090 Lots abutting an alley.
18.10.100 Signs.
18.10.110 Parking.
18.10.120 Lot access.
18.10.010 Purpose.
The R-3 district is intended to encourage a more flexible use of residential land by allowing a greater range of residential densities and building types. (Ord. 1960 § 3, 1998).
18.10.020 Permitted uses.
In the R-3 district the following buildings and uses are permitted as hereinafter specifically provided for by this chapter, subject to the other provisions of these development regulations:
A. Day care homes, provided a copy of the Washington State child day care license is submitted to the administrator;
B. Family home for adults;
C. Foster family homes;
D. Pets, not more than four of which can be kept in a home, such as dogs, cats, deodorized skunks or other domestic or tamed wild animals which are not vicious by nature. This limit of pets shall not include birds, fish, suckling young of a pet or other animals which, at all times, are kept inside a fully enclosed or accessory building, and which do not create an odor which is detectable on the adjoining lot. The keeping on the premises of any kind of livestock is prohibited;
E. Public and semipublic buildings essential to the physical and economic welfare of an area, such as fire stations, substations and pump stations. Rear and side yards for these uses shall be a minimum of 25 feet in width. No stockpiling or storage of materials shall be allowed;
F. Single-family dwellings;
G. Accessory dwelling units that comply with Chapter 19.34 EMC. (Ord. 2177 § 3, 2003; Ord. 2119 § 5, 2001; Ord. 1960 § 3, 1998).
18.10.030 Conditional uses.
The planning commission may grant a conditional use permit for any of the following buildings and uses:
A. Bed and breakfast, subject to EMC 19.32.030;
B. Churches, subject to EMC 19.32.130;
C. Colleges, private and public;
D. Community centers;
E. Day care centers;
F. Duplexes, subject to the criteria set forth in EMC 19.32.050;
G. Parks and playgrounds, private and public;
H. Schools, private and public, elementary, junior and senior high. (Ord. 1960 § 3, 1998).
18.10.040 Building height.
No principal building shall exceed two and one-half stories or 30 feet in height. (Ord. 1960 § 3, 1998).
18.10.050 Detached accessory buildings.
The following minimum requirements for detached accessory buildings in the zoning classification set forth in this chapter shall be:
A. Detached accessory buildings which have a footprint size no greater than 120 square feet, do not exceed 10 feet in height at the roof peak and do not exceed eight feet in height at the roof’s eaves, shall comply with a three-foot minimum side and rear yard setback. All other detached accessory buildings shall not exceed one story or 18 feet in height and shall comply with the yard setbacks as defined in EMC 18.10.060.
B. Detached accessory buildings shall not occupy more than 50 percent of the combined area of the rear and side yards.
C. A garage shall maintain an eight-foot setback from an alley line, if the vehicle entrance is perpendicular to the alley, and a four-foot setback from the alley line, if the entrance is on any other side than that of the alley. (Ord. 2090 § 1, 2000; Ord. 1960 § 3, 1998).
18.10.060 Lot area, minimum street frontage, and yard requirements.
The following minimum requirements shall be observed, except where increased for conditional use:
A. Lot area: single-family duplexes – maximum, 12,500 square feet; minimum, 6,200 square feet;
B. Minimum street frontage: 50 feet;
C. Front yard: 20 feet;
D. Rear yard: 25 feet, except detached accessory buildings which shall be at 7.5 feet from eaves;
E. Side yard: 7.5 feet from eaves;
F. Where a utility easement is recorded adjacent to a side lot line, there shall be a side yard no less than the width of the easement. (Ord. 2177 § 3, 2003; Ord. 1960 § 3, 1998).
18.10.070 Maximum lot coverage.
Maximum lot coverage in the R-3 district shall be 40 percent. (Ord. 1960 § 3, 1998).
18.10.080 Corner lots.
Corner lots shall observe the minimum front yard setback requirements on both streets. (Ord. 1960 § 3, 1998).
18.10.090 Lots abutting an alley.
In a lot abutting an alley the required rear yard space shall be measured from the abutting alley line. (Ord. 1960 § 3, 1998).
18.10.100 Signs.
The only signs permitted in the R-3 district are those allowed in Chapter 19.10 EMC. (Ord. 1960 § 3, 1998).
18.10.110 Parking.
All uses shall conform to the general provisions and exceptions set forth in Chapters 19.14 and 19.16 EMC. (Ord. 1960 § 3, 1998).
18.10.120 Lot access.
All lots shall front on a public street. (Ord. 1960 § 3, 1998).
Chapter 18.12
R-4 MULTIFAMILY RESIDENTIAL DISTRICTSections:
18.12.010 Purpose.
18.12.020 Permitted uses.
18.12.030 Conditional uses.
18.12.035 Density.
18.12.040 Building height.
18.12.045 Detached accessory buildings.
18.12.050 Lot area, minimum street frontage and yard requirements.
18.12.060 Maximum lot coverage.
18.12.070 Corner lots.
18.12.080 Lots abutting an alley.
18.12.090 Parking.
18.12.100 Signs.
18.12.010 Purpose.
The R-4 district is intended to encourage a more flexible use of the land by establishing areas within the community that are suitable for residential development of up to 15 units per acre and to increase the available housing choices. (Ord. 1960 § 3, 1998).
18.12.020 Permitted uses.
In the R-4 district the following buildings and uses are permitted as hereinafter specifically provided for by this chapter, subject to the other provisions of these development regulations:
A. Day care homes, provided a copy of the Washington State child day care license is submitted to the administrator;
B. Duplexes;
C. Family homes for adults;
D. Foster family homes;
E. Home occupations (see Chapter 15.04 EMC, Definitions);
F. Multifamily dwellings (including triplexes and fourplexes);
G. Pets, not more than four of which can be kept in a home, such as dogs, cats, deodorized skunks or other domestic or tamed wild animals which are not vicious by nature. This limit of pets shall not include birds, fish, suckling young of a pet or other animal which, at all times, are kept inside a fully enclosed or accessory building, and which do not create an odor which is detectable on the adjoining lot. The keeping on the premises of any kind of livestock is prohibited;
H. Public and semipublic buildings essential to the physical and economic welfare of an area, such as fire stations, substations and pump stations. Rear and side yards for these uses shall be a minimum of 25 feet in width. No stockpiling or storage of materials shall be allowed;
I. Single-family dwellings;
J. Accessory dwelling units that comply with Chapter 19.34 EMC. (Ord. 2119 § 6, 2001; Ord. 1960 § 3, 1998).
18.12.030 Conditional uses.
The planning commission may grant a conditional use permit for any of the following building and uses in accordance with the procedures set forth in Chapter 18.38 EMC:
A. Assisted care living facilities, subject to EMC 19.32.040;
B. Bed and breakfast, subject to EMC 19.32.030;
C. Boardinghouses;
D. Churches, subject to EMC 19.32.130;
E. Colleges, private and public;
F. Community centers;
G. Day care centers;
H. Medical offices;
I. Parks and playgrounds, private and public;
J. Retirement homes, subject to EMC 19.32.040;
K. Schools, private and public, elementary, junior and senior high. (Ord. 1960 § 3, 1998).
18.12.035 Density.
The minimum lot area for multifamily dwellings shall be 2,900 square feet per dwelling unit (15 units per acre). Densities of up to 1,452 square feet per dwelling unit (30 units per acre) may be permitted for retirement homes and assisted care living facilities by conditional use permit. (Ord. 1960 § 3, 1998).
18.12.040 Building height.
No principal building shall exceed either two and one-half stories or 30 feet in height, except for pitched-roof buildings, which shall have a maximum peak not to exceed 35 feet, subject to the following conditions:
A. The average roof height shall not exceed 30 feet (defined as the midpoint between the roof peak and roof eave for a single pitch); and
B. The minimum side yard setbacks shall be increased two feet for every additional foot in building height above 30 feet. (Ord. 2067 § 1, 2000; Ord. 1960 § 3, 1998).
18.12.045 Detached accessory buildings.
The following minimum requirements for detached accessory buildings in the zoning classification set forth in this chapter shall be:
A. Detached accessory buildings which have a footprint size no greater than 120 square feet, do not exceed 10 feet in height at the roof peak and do not exceed eight feet in height at the roof’s eaves, shall comply with a three-foot minimum side and rear yard setback. All other detached accessory buildings shall not exceed one story or 18 feet in height and shall comply with the yard setbacks as defined in EMC 18.12.050.
B. Detached accessory buildings shall not occupy more than 50 percent of the combined area of the rear and side yards.
C. A garage shall maintain an eight-foot setback from an alley line, if the vehicle entrance is perpendicular to the alley, and a four-foot setback from the alley line, if the entrance is on any other side than that of the alley. (Ord. 2090 § 1, 2000; Ord. 1960 § 3, 1998).
18.12.050 Lot area, minimum street frontage and yard requirements.
The following minimum requirements shall be observed except where increased for conditional use:
A. Lot area: minimum, 6,200 square feet;
B. Buildings comprising one or two units require minimum lot area;
C. Minimum street frontage: 50 feet;
D. Front yard: 20 feet;
E. Rear yard: 25 feet, except for detached accessory buildings which shall be at 7.5 feet;
F. Side yards:
1. All lots or development sites shall have side yards of not less than 7.5 feet to the eaves. Where a utility easement is recorded adjacent to a side lot line, there shall be a side yard no less than the width of the easement or 7.5 feet, whichever is greater;
2. There shall not be less than 15 feet between eaves of each multifamily building on a single lot;
G. Optional Aggregate Setback Allowance. The city may reduce the individual required setbacks for lots with unusual geometry, flag lots with undesignated setbacks, or lots with special site conditions such as an existing cluster of significant trees or other unique natural, cultural, or historic feature that should be preserved without disturbance. However, the total of the setbacks shall be no less than the sum of the minimum front, rear and side yard setbacks for that zone. In order to exercise this option the city must determine that a public benefit is gained by relaxing any setback standard. (Ord. 2177 § 4, 2003; Ord. 1960 § 3, 1998).
18.12.060 Maximum lot coverage.
Maximum lot coverage in the R-4 district is 40 percent. (Ord. 1960 § 3, 1998).
18.12.070 Corner lots.
Corner lots shall observe the minimum front yard setback requirements on both streets. (Ord. 1960 § 3, 1998).
18.12.080 Lots abutting an alley.
In a lot abutting an alley the required rear yard space shall be measured from the right-of-way line of the alley. (Ord. 1960 § 3, 1998).
18.12.090 Parking.
All uses shall conform to the general provisions and exceptions set forth in Chapters 19.14 and 19.16 EMC. (Ord. 1960 § 3, 1998).
18.12.100 Signs.
The only signs permitted in the R-4 district are those allowed in Chapter 19.10 EMC. (Ord. 1960 § 3, 1998).
Chapter 18.14
GO GENERAL OFFICE DISTRICT
AND GO-H GENERAL OFFICE-HOSPITAL DISTRICTSections:
18.14.010 Purpose.
18.14.020 Permitted uses.
18.14.030 Conditional uses.
18.14.040 Building height.
18.14.050 Lot area, lot width and yard requirements.
18.14.060 Maximum lot coverage.
18.14.070 Corner lots.
18.14.090 Parking.
18.14.100 Signs.
18.14.110 Right-of-way.
18.14.120 Compatibility with older homes along Griffin, Porter, and the GO-H zone.
18.14.010 Purpose.
The purpose of the GO general office district is to encourage a more flexible use of the land and provide an aesthetic and functional buffer along the major thoroughfares entering the city. The purpose of the GO-H general office-hospital district is to provide for medical and related uses within close proximity to the hospital that is compatible with surrounding residential uses and retains the residential character of the hospital neighborhood. (Ord. 2150 § 1, 2002; Ord. 1960 § 3, 1998).
18.14.020 Permitted uses.
The following buildings and uses are permitted as hereinafter specifically provided for by this chapter, subject to the other provisions of these development regulations:
A. Permitted uses in the GO zone:
1. Accessory buildings and uses normal and incidental to the buildings and uses permitted in this chapter;
2. Churches, subject to EMC 19.32.130;
3. Clinics;
4. Home occupations (see Chapter 15.04 EMC, Definitions);
5. Pharmacies;
6. Professional offices, including offices for the following:
a. Accountants, attorneys, physicians, osteopaths, dentists, optometrists, opticians, chiropractors and others licensed by the state to practice the healing arts;
b. Engineers, architects, landscape architects, surveyors and those engaged in the practice of drafting or graphics, insurance brokers, lumber brokers and real estate brokers;
c. Travel agents;
7. Any other building or use determined to be similar to those listed in this section;
8. Parks, private and public, playgrounds or community centers;
9. Pets, not more than four of which can be kept in the home, such as dogs, cats, deodorized skunks or other domestic or tamed wild animals which are not vicious by nature. This limit of four pets shall not include birds, fish, suckling young of a pet or other animals which at all times are kept inside a fully enclosed or accessory building and which do not create an odor which is detectable on an adjoining lot. The keeping on the premises of any kind of livestock is prohibited;
10. Planned unit developments, subject to Chapter 18.34 EMC;
11. Public and semipublic buildings essential to the physical and economic welfare of an area, such as fire stations, substations and pump stations. Rear and side yards for these uses shall be a minimum of 10 feet in width, no stockpiling or storage thereof;
12. Public or private parking areas;
13. Schools, public or private, elementary, junior and senior high, and colleges;
14. Single-family dwellings.
B. Permitted uses in GO-H zone:
1. Accessory buildings and uses normal and incidental to the buildings and uses permitted in the GO-H zone;
2. Medical clinics and offices;
3. Home occupations (see Chapter 15.04 EMC, Definitions);
4. Pharmacies;
5. Pets, not more than four of which can be kept in the home, such as dogs, cats, deodorized skunks or other domestic or tamed wild animals which are not vicious by nature. This limit of four pets shall not include birds, fish, suckling young of a pet or other animals which at all times are kept inside a fully enclosed or accessory building and which do not create an odor which is detectable on an adjoining lot. The keeping on the premises of any kind of livestock is prohibited;
6. Public or private parking areas;
7. Single-family dwellings. (Ord. 2150 § 1, 2002; Ord. 1960 § 3, 1998).
18.14.030 Conditional uses.
The planning commission may grant a conditional use permit for any of the following buildings and uses in accordance with the procedures set forth in Chapter 18.38 EMC:
A. Day nurseries;
B. Hospitals;
C. Any other building or use determined to be similar to those listed in this section. (Ord. 2150 § 1, 2002; Ord. 1960 § 3, 1998).
18.14.040 Building height.
A. No principal building shall exceed either two and one-half stories or 30 feet in height, except for pitched roof buildings, which shall have a maximum peak not to exceed 35 feet, subject to the following conditions:
1. The average roof height shall not exceed 30 feet (defined as the midpoint between the roof peak and the roof eave for a single pitch); and
2. The minimum side yard setbacks shall be increased two feet for every additional foot in building height above 30 feet.
B. No accessory buildings shall exceed either one story or 18 feet in height. (Ord. 2208 § 1, 2004; Ord. 2150 § 1, 2002; Ord. 2067 § 1, 2000; Ord. 1960 § 3, 1998).
18.14.050 Lot area, lot width and yard requirements.
The minimum requirements shall be observed, except where increased for conditional uses:
A. Lot area: 10,000 square feet;
B. Lot width: at street line, 30 feet; at building line, 70 feet;
C. Front yard: 20 feet;
D. Rear yard: 25 feet;
E. Side yards: seven and one-half feet to eaves. (Ord. 2150 § 1, 2002; Ord. 1960 § 3, 1998).
18.14.060 Maximum lot coverage.
Maximum lot coverage in the GO and GO-H districts shall be 45 percent. (Ord. 2150 § 1, 2002; Ord. 1960 § 3, 1998).
18.14.070 Corner lots.
Corner lots shall observe the minimum front yard setback requirements on both streets. (Ord. 2150 § 1, 2002; Ord. 1960 § 3, 1998).
18.14.090 Parking.
All uses shall conform to the general provisions and exceptions set forth in Chapters 19.14 and 19.16 EMC. (Ord. 2150 § 1, 2002; Ord. 1960 § 3, 1998).
18.14.100 Signs.
Signs permitted in the GO and GO-H districts are those allowed in Chapter 19.10 EMC. (Ord. 2150 § 1, 2002; Ord. 1960 § 3, 1998).
18.14.110 Right-of-way.
All buildings shall front on a street with a right-of-way width of at least 60 feet unless a lesser width is allowed by either the city council or the transportation element of the comprehensive plan, and also in accordance with Chapter 19.20 EMC. (Ord. 2150 § 1, 2002; Ord. 1980 § 6, 1998; Ord. 1960 § 3, 1998).
18.14.120 Compatibility with older homes along Griffin, Porter, and the GO-H zone.
Developments along Griffin and Porter or in the GO-H zone shall be compatible with the older single-family homes there. When feasible, compatibility shall be achieved by conversion of existing structures. Where reuse of existing structures is not practical, new structures shall be designed in a manner that reflects, echoes, and honors, but does not necessarily copy, the surrounding older structures in terms of size, shape, exterior materials, openings, and landscaping. For the GO-H zone special design review attention shall be given to building design, parking lot screening, signs and landscaping in order to ensure compatibility with and reduce impacts to the surrounding residential neighborhood. (Ord. 2150 § 1, 2002; Ord. 2003 § 4, 1999).
Chapter 18.16
RMHP RESIDENTIAL MANUFACTURED HOME PARK DISTRICTSections:
18.16.010 Intent.
18.16.020 Permitted uses.
18.16.030 Conditional uses.
18.16.040 Development standards.
18.16.050 Supplemental development standards.
18.16.060 Rezone and site review submittal requirements.
18.16.010 Intent.
The intent of the manufactured home park district is to provide a residential zone of one-family manufactured homes exclusively within a planned park. It is further intended that the RMHP district shall only be prescribed in those areas that are bordered on, contain physical features, or shall be planned and designed as part of a larger development incorporating other housing types in a manner which limits further expansion into adjacent areas. (Ord. 1960 § 3, 1998).
18.16.020 Permitted uses.
A. Manufactured home parks which are constructed for the placement of individual residential manufactured homes within the approved park boundaries and subject to the standards as set forth in this chapter;
B. Accessory uses to include residential garages and carports, portable storage cabinets, porches and noncommercial greenhouses;
C. Recreation facilities, clubhouses, park offices and utility rooms to serve the residents of the park only;
D. Family day care home for children. (Ord. 1960 § 3, 1998).
18.16.030 Conditional uses.
A. Mini day care home for children and day nursery;
B. Recreational vehicle parks that comply with Chapter 19.30 EMC. (Ord. 1960 § 3, 1998).
18.16.040 Development standards.
A. Minimum site area to be developed as a park: five acres.
B. Maximum Density. Total area of mobile home park divided by number of units shall be an average of 6,200 square feet or greater.
C. Minimum Yard Setbacks.
1. Front.
a. Park street: 10 feet,
b. Public or other private street: 20 feet;
2. Side.
a. Interior: 10 feet between any mobile home or accessory structures,
b. Park street: five feet,
c. Public or other private street: 10 feet;
3. Rear.
a. Public or other private street: 20 feet,
b. Park street: eight feet,
c. A minimum of 10 feet between any mobile home or accessory structure;
4. Supplemental Yard Setbacks.
a. For manufactured homes that abut another zoning district the setbacks shall be the same as provided for in the adjoining zone. In no case shall the setbacks be less than as prescribed in this subsection,
b. There shall be a minimum of 10 feet between any manufactured home, between any manufactured home and accessory buildings on adjoining spaces, and between any other accessory buildings on adjoining spaces.
D. Maximum Building Height.
1. Main building height: two and one-half stories not to exceed 30 feet;
2. Accessory buildings: one story not to exceed 18 feet.
E. Fences and Hedges. A six-foot-high screened fence shall be constructed around the perimeter of the park. For those park boundaries that abut a public street the fence shall setback 20 feet and the 20-foot setback area landscaped in accordance with Chapter 19.08 EMC.
F. Parking. See Chapter 19.14 EMC.
G. Landscaping. See Chapter 19.08 EMC.
H. Signs. See Chapter 19.10 EMC. (Ord. 1960 § 3, 1998).
18.16.050 Supplemental development standards.
A. Recreational Vehicle Storage Area. A fenced and screened storage area shall be provided the size of which shall be 300 square feet in area for each 10 mobile homes. The storage area shall not abut property other than that which is zoned RMHP.
B. Recreation Area. A central recreation area shall be established in each park created pursuant to the provisions of this chapter. The size of the area shall be at least 200 square feet per mobile home site. The recreation area may contain community clubhouses, swimming pools, shuffleboard courts and similar facilities. The administrator may permit decentralization of the recreation facilities in accordance with principles of good planning; provided, that the total recreation area meets the above stated minimum size.
C. Space Identification. Each manufactured home site shall be plainly marked and numbered for identification.
D. Park Office. Every park shall provide a permanent office to be used for park management on the site.
E. Streets. Park streets shall be provided in such a pattern as to provide convenient traffic circulation, including fire and other equipment responding to emergencies within the park. They shall be built to the following standards:
1. The width of all park private streets shall be not less than 34 feet including curbs. Street widths of 24 feet may be permitted in parks; provided, that adequate off-street parking is provided at the ratio of one off-street parking space for each manufactured home site within the park. The location and placement of the off-street parking spaces will be subject to approval by the director of planning. No on-street parking will be permitted on street widths of less than 34 feet and signs designating “no parking” and “fire lane” must be placed on both sides of the street and so marked on the final plans;
2. All public streets within or abutting a park shall be improved to city specifications;
3. There shall be Type A, D or rolled cement concrete curb and gutter constructed to city standard specifications, installed on each side of all private streets, or inverted streets without curbs;
4. The park streets shall be paved in accordance with the standards established by the director of public works;
5. Minimum radii on park street curves shall not be less than 45 feet;
6. On all public streets abutting or within a park, sidewalks shall be installed in conformance with city specifications.
F. Access. Each park shall have direct access to a maintained public street. Each park shall have at least one main access and one emergency access. The city may require more accesses depending upon the size of the park or other factors that would require the need for additional accesses. (Ord. 1960 § 3, 1998).
18.16.060 Rezone and site review submittal requirements.
A. Any person who wishes to rezone a parcel of property to RMHP must identify on the application how the proposed rezone meets the intent of the RMHP district.
B. A site plan, drawn to scale, shall be submitted with the rezone application and shall illustrate the following:
1. Vicinity map;
2. Acreage of parcel;
3. Number of homes;
4. Location of spaces/pads;
5. Park street layout;
6. Main access;
7. Emergency access;
8. Adjacent public streets;
9. Typical park street cross section;
10. Easements, existing and proposed;
11. Location and size of all utilities;
12. Recreational vehicle storage area;
13. Recreation area;
14. Office location;
15. Fence detail;
16. Landscape plan;
17. Typical space/pad showing slab, parking area, setbacks, location of home and any accessory buildings;
18. Storm drainage;
19. Fire hydrants.
C. The site plan shall be properly dimensioned and drawn at a scale not less than one inch equals 40 feet and on a sheet size of 24 inches by 36 inches, more sheets may be allowed if necessary. A reproducible mylar and seven copies of the site plan shall be submitted at time of application.
D. For those parcels of land that may already have been zoned RMHP but do not have an approved site plan, a site plan shall be prepared in accordance with subsections B and C of this section and approved by the administrator prior to construction permits being issued. (Ord. 1960 § 3, 1998).
Chapter 18.20
NB NEIGHBORHOOD BUSINESS DISTRICTSections:
18.20.010 Purpose.
18.20.020 Permitted uses.
18.20.030 Conditional uses.
18.20.040 Building height.
18.20.050 Lot area, lot width and yard requirements.
18.20.060 Maximum lot coverage.
18.20.070 Parking.
18.20.080 Signs.
18.20.090 General requirements.
18.20.010 Purpose.
The NB neighborhood business district is intended to create, preserve and enhance areas of retail establishments serving frequently recurring needs in convenient, close locations to neighborhoods. The intent of this district is to have a small shopping area which will be compatible with the character of the neighborhood. (Ord. 1960 § 3, 1998).
18.20.020 Permitted uses.
In the NB neighborhood business district the following buildings and uses are permitted as hereinafter specifically provided for by this chapter, subject to the other provisions of these development regulations:
A. Accessory buildings and uses normal and incidental to the buildings permitted in this chapter;
B. Bakeries (retail only);
C. Banks;
D. Barber and beauty shops;
E. Churches, subject to EMC 19.32.130;
F. Clinics;
G. Confectionery stores with fountains (no drive-ins or walk-ups);
H. Dairy products stores (retail only);
I. Day nurseries;
J. Delicatessen stores;
K. Dry cleaners, coin-operated and/or attendant-operated with no on-site cleaning plant;
L. Florist shops;
M. Grocery stores or markets;
N. Laundromats, hand laundries and self-service laundries;
O. Meat markets;
P. Offices allowed in the GO district;
Q. Pharmacies;
R. Post offices;
S. Public and semipublic buildings essential to the physical and economic welfare of an area, such as fire stations, substations and pump stations;
T. Rear and side yards for these uses shall be a minimum of 25 feet in width. No stockpiling or storage of materials shall be allowed;
U. Public off-street parking facilities, whether publicly or privately owned and operated; provided, any area so used shall not be used for a vehicle, mobile home or boat sales area or for the accessory storage of such vehicles;
V. Studios for the following:
1. Artists,
2. Interior decorators,
3. Photographers,
4. Telephone and telegraph exchanges. (Ord. 1960 § 3, 1998).
18.20.030 Conditional uses.
The planning commission may grant a conditional use permit for any of the following buildings and uses in accordance with the procedures set forth in Chapter 18.38 EMC:
A. Business buildings include one owner-operator dwelling unit on the ground floor, or second floor, of the business building;
B. Service stations. (Ord. 1960 § 3, 1998).
18.20.040 Building height.
A. No principal building shall exceed either two and one-half stories or 30 feet in height, except for pitched-roof buildings, which shall have a maximum peak not to exceed 35 feet, subject to the following conditions:
1. The average roof height shall not exceed 30 feet (defined as the midpoint between the roof peak and roof eave for a single pitch); and
2. The minimum side yard setbacks shall be increased two feet for every additional foot in building height above 30 feet.
B. No accessory building shall exceed either one and one-half stories or 18 feet in height. (Ord. 2067 § 1, 2000; Ord. 1960 § 3, 1998).
18.20.050 Lot area, lot width and yard requirements.
The following minimum requirements shall be observed except where increased for conditional use:
A. Lot area: 10,000 square feet;
B. Lot width: none specified;
C. Front yard: 20 feet except buildings on corner lots shall observe a minimum setback of 30 feet on both streets;
D. Rear and side yards: all lots or development sites in the NB district have no rear and side yards required where the lots or development sites abut property lines of commercially or industrially zoned property;
E. Zone Transition Parcels. When parcels in the NB district directly abut a residential-zoned property, the setback along the abutting residential property shall adhere to the residential setback standards. (Ord. 2177 § 5, 2003; Ord. 1960 § 3, 1998).
18.20.060 Maximum lot coverage.
Maximum lot coverage in a NB district shall be 40 percent. (Ord. 1960 § 3, 1998).
18.20.070 Parking.
All uses shall conform to the general provisions as required in Chapters 19.14 and 19.16 EMC. (Ord. 1960 § 3, 1998).
18.20.080 Signs.
Signs permitted in the NB district are those allowed in Chapter 19.10 EMC. (Ord. 1960 § 3, 1998).
18.20.090 General requirements.
The following additional conditions shall apply in a NB district:
A. All uses shall be conducted wholly within a completely enclosed building except for service stations and off-street parking and loading facilities.
B. In any NB district directly across the street from any residential district designated on the comprehensive plan, the parking and loading facilities shall be distant at least 20 feet from the street and the building and structures at least 35 feet from the street; provided, however, that the foregoing requirement of this subsection shall not apply where such residential district is separated from the NB district by a street planned to have a right-of-way 80 feet or more; provided further, that a screen wall and/or landscaping is established and maintained on the NB property.
C. Goods for sale shall consist primarily of new merchandise and all goods produced on the premises shall be sold at retail on the premises.
D. No more than five persons shall be engaged in the fabrication, repair and other processing of goods in an establishment and not more than 20 aggregate horsepower shall be employed in the operation of all machines employed for the aforesaid purposes.
E. All sites having a common boundary line with a residential classified property shall have erected and maintained a view-obscuring wall, fence or coniferous hedge not less than five feet nor more than six feet in height for screening purposes and controlling access. Public utility installations need only a fence and screen with appropriate materials such as base plantings of coniferous shrubs, trees or climbing coniferous plant material on the fences to minimize the industrial character of such installations and fences and that equipment indigenous to the installation. The area surrounding the required fenced and screened enclosure shall be landscaped and planted to create a park-like atmosphere.
F. All operations conducted on the premises shall not constitute a nuisance by reason of smoke, fumes, odor, steam, gases, vibrations, noise, hazards or other causes beyond the property boundary lines and shall comply with the provisions of Chapter 19.22 EMC.
G. The traffic circulation plan for a NB development and the location and design of secondary ingress and egress points to or from the arterial or adjoining streets must be approved by the city engineer. Approval of the city engineer shall be based on the following criteria:
1. The internal circulation system and the ingress and egress to a NB development from an access street shall be so designed that the principal point of automobile cross-traffic on the street occurs at only one point, a point capable of being channelized for turning traffic movements.
2. Secondary access points shall be permitted only if the parking areas for the NB development provide a total parking in excess of 40 cars.
3. Secondary ingress and egress to the access streets shall be limited to one-way traffic, either in or out, and designed to function only in the direction of traffic in the adjoining lane on the street.
4. Such secondary access points shall be not less than 150 feet apart, center-to-center of drive.
5. A private frontage road intended to give freer access to an adjoining parking area shall be so designed that ingress and egress from the street to the frontage road is in the direction of traffic in the adjoining lane on the street. (Ord. 1960 § 3, 1998).
Chapter 18.22
HCB HIGHWAY AND COMMUNITY BUSINESS DISTRICTSections:
18.22.010 Purpose.
18.22.020 Permitted uses.
18.22.030 Conditional uses.
18.22.040 Building height.
18.22.050 Lot area, lot width and yard requirements.
18.22.060 Lot coverage.
18.22.070 Parking.
18.22.080 Signs.
18.22.090 General requirements.
18.22.100 Adult-oriented businesses.
18.22.010 Purpose.
The HCB community business district is intended to create, preserve and enhance areas with a wide range of retail sales and service establishments serving both long and short term needs in compact locations typically appropriate to commercial clusters near intersections of major thoroughfares. This district also includes some development which does not strictly fit the description of this chapter but also does not merit a zoning district. (Ord. 1960 § 3, 1998).
18.22.020 Permitted uses.
In the HCB community business district the following buildings and uses are permitted as hereinafter specifically provided for by this chapter, subject to the other provisions of these development regulations:
1. All uses except newsstands, private or public parking areas, nurseries, and service station pump islands shall be in an entirely closed building unless otherwise specified by a conditional use permit;
2. Accessory buildings and uses normal and incidental to the buildings and uses permitted in this chapter;
3. All uses permitted in the NB district except meat markets and any other uses specifically modified or limited by this chapter;
4. Antique shops;
5. Appliance sales and service;
6. Art supplies;
7. Auction sales, excluding livestock;
8. Automobile parts and accessories stores;
9. Automobile sales, new and used;
10. Bicycle shops;
11. Blood banks;
12. Blueprinting;
13. Bowling alleys;
14. Building maintenance service;
15. Building material sales;
16. Business offices, general;
17. Camera and supplies shops;
18. Car washes, coin-operated or mechanical;
19. Catering services;
20. Clothing apparel shops;
21. Clubs, lodges and meeting halls;
22. Colleges, business or private;
23. Confectionery stores with fountains;
24. Curio shops;
25. Data processing centers;
26. Department stores;
27. Drapery stores;
28. Dress and millinery shops;
29. Dry cleaning establishments, coin-operated, custom and self-service;
30. Electrical and electronic supplies, retail;
31. Floor covering stores;
32. Furniture stores;
33. Garden supplies;
34. Grocery stores, markets and supermarkets, including food products stores, retail;
35. Hardware stores;
36. Health studios;
37. Hobby shops, including slot racing tracks;
38. Hotels, motels, motor hotels or tourist courts;
39. Jewelry stores;
40. Laboratories, medical and dental;
41. Leather goods stores;
42. Liquor stores, package;
43. Lockers, cold storage, retail use only;
44. Locksmith shops;
45. Mobile home sales;
46. Mortuaries;
47. Music stores;
48. Nurseries, plant;
49. Offices, general administration;
50. Office supplies and equipment stores;
51. Paint and wallpaper stores;
52. Photographic film processing, photoengraving, photocopying and photostating;
53. Printing shops;
54. Public and semipublic buildings;
55. Radio and television broadcasting studios;
56. Reducing salons;
57. Restaurants, drive-in and walk-up;
58. Schools, business or private;
59. Sewing machine sales and service;
60. Shoe stores;
61. Sporting goods stores;
62. Surgical, medical and dental supplies and equipment stores;
63. Taverns;
64. Tobacco shops;
65. Travel agencies;
66. Upholstery, automobile and furniture;
67. RV sales. (Ord. 1960 § 3, 1998).
18.22.030 Conditional uses.
The planning commission may grant a conditional use permit for any of the following buildings and uses in accordance with the procedures set forth in Chapter 18.38 EMC:
A. Ambulance services;
B. Auditoriums and theaters;
C. Bars or night clubs; provided, that only a liquor license of the type “class H” is applied for;
D. Cocktail lounges;
E. Dance halls;
F. Dwelling units, including one owner-operator dwelling unit either on the ground floor of the business building or the second floor. The permitted density shall be stated on the conditional use permit;
G. Group care homes;
H. Hazardous waste storage facilities;
I. Hazardous waste treatment facilities;
J. Hospitals;
K. Miniature golf courses;
L. Motor vehicle sales, service and repairs;
M. Movie theaters;
N. Music or dancing schools;
O. Pet shops;
P. Garages for the storage or care of automobiles;
Q. Service stations;
R. Skating rinks, indoor;
S. Small animal hospitals and clinics and kennels;
T. Theaters, drive-in;
U. Any other building or uses determined to be similar to those listed in EMC 18.22.020. (Ord. 1960 § 3, 1998).
18.22.040 Building height.
No principal building shall exceed three stories or 35 feet except when the district abuts upon a residential district the maximum permitted building height shall not exceed the maximum building height permitted in the abutting residential district for a distance of 120 feet from the abutting boundary. (Ord. 1960 § 3, 1998).
18.22.050 Lot area, lot width and yard requirements.
The following minimum requirements shall be observed, except where increased for conditional uses:
A. Lot area: 10,000 square feet;
B. Lot width: none specified;
C. Front yard: 15 feet;
D. Rear and side yards: all lots or development sites in the HCB district shall have no rear and side yards required where the lots and development sites abut property lines of commercially or industrially zoned property;
E. Zone Transition Parcels. When parcels in the HCB district directly abut a residential-zoned property, the setback along the abutting residential property shall adhere to the residential setback standards. (Ord. 2177 § 6, 2003; Ord. 1960 § 3, 1998).
18.22.060 Lot coverage.
Maximum lot coverage in a district shall be 40 percent. (Ord. 1960 § 3, 1998).
18.22.070 Parking.
All uses shall conform to the general provisions as required in Chapters 19.14 and 19.16 EMC. (Ord. 1960 § 3, 1998).
18.22.080 Signs.
Signs permitted in the HCB district are those allowed in Chapter 19.10 EMC. (Ord. 1960 § 3, 1998).
18.22.090 General requirements.
The following additional conditions shall apply in a HCB district:
A. All uses shall be conducted wholly within a completely enclosed building except for service stations, off-street parking and loading facilities, swimming pools, and building materials.
B. In any HCB district directly across the street from any residential district designated on the comprehensive plan or zoning map, the parking and loading facilities shall be a distance at least 20 feet from the street; provided, however, that the foregoing requirements of this subsection shall not apply where such residential district is separated from the HCB district by a street planned to have a right-of-way of 80 feet or more; provided further, that a screen wall and/or landscaping is established and maintained on the HCB property.
C. All operations conducted on the premises shall not constitute a nuisance by reason of smoke, fumes, odor, steam, gases, vibrations, noise, hazards or other causes beyond the property boundary lines and shall comply with the provisions of Chapter 19.22 EMC. (Ord. 1960 § 3, 1998).
18.22.100 Adult-oriented businesses.
A. Public Display. For the purposes of this section, the following regulations shall apply to all adult-oriented businesses: Advertisements, displays, or other promotional materials for an adult-oriented business which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from other public or semipublic places.
B. Location.
1. An adult-oriented business shall only be allowed as a conditional use in the HCB district.
2. Adult-oriented businesses shall not be located on any lot within 1,000 feet of any lot on which there is located another adult-oriented business.
C. Conditional Use Application. An application for a conditional use permit for an adult-oriented business must meet the requirements of Chapter 18.38 EMC. In addition to such requirements, an application for a conditional use permit shall not be granted unless information is submitted by the applicant and/or is presented in a public hearing substantiating the following findings:
1. The requested use at the proposed location will not adversely affect the use of a church, temple or other place used exclusively for religious worship, school, park, playground or similar use within a 1,000-foot radius; and
2. The requested use at the proposed location is sufficiently buffered in relation to residentially zoned areas within the immediate vicinity so as not to adversely affect the areas; and
3. The exterior appearance of the structure will not be inconsistent with the external appearance of the commercial structures already constructed or in the course of construction within the immediate neighborhood so as to cause blight, deterioration, or substantial depreciation in property values within the neighborhood. (Ord. 1960 § 3, 1998).
Chapter 18.24
CB-1 CENTRAL BUSINESS DISTRICTSections:
18.24.010 Purpose.
18.24.020 Permitted uses.
18.24.030 Conditional uses.
18.24.040 Building height.
18.24.050 Lot area, lot coverage and yard requirements.
18.24.060 Parking.
18.24.070 General requirements.
18.24.080 Signs.
18.24.090 Compatibility with older homes along Cole Street.
18.24.010 Purpose.
The CB-1 central business district is intended to preserve and enhance areas within which the greatest possible concentration of retail sales and business will occur. The district will be applied to the “core” area based upon the general guidelines established in the comprehensive plan. The buildings and uses permitted reflect the desire to have parking provided on a district-wide basis rather than having each individual building or use provide parking except for CB-1. (Ord. 1960 § 3, 1998).
18.24.020 Permitted uses.
In the CB-1 central business district, the following buildings and uses are permitted as hereinafter specifically provided for by this chapter:
A. All uses permitted in the HCB district except:
1. Bowling alleys;
2. Building maintenance services;
3. Day nurseries;
4. Existing dwelling units;
5. Garden supplies;
6. Lockers, cold storage, retail only;
7. Mobile home sales and other uses specifically modified or limited in this chapter.
B. The following uses are permitted in the CB-1 district:
1. Bars or night clubs, including entertainment and sale of alcoholic beverages;
2. Billiard and pool halls;
3. Cocktail lounges;
4. Dwelling units; provided:
a. The units are located above any use permitted in this chapter; and
b. Parking is provided in private parking areas or garages on the basis of one parking space for each dwelling unit within 400 feet;
5. Fabric shops;
6. Hobby shops;
7. Hotels;
8. Movie theaters;
9. Museums;
10. Newspaper printing establishments;
11. Offices similar to those listed in Chapter 18.14 EMC but not specifically listed;
12. Pawnshops;
13. Pet shops;
14. Places of entertainment and amusement, if conducted within a wholly enclosed building;
15. Radio and television sales and services;
16. Restaurants;
17. Secondhand stores, if conducted within a wholly enclosed building;
18. Toy stores;
19. Any other retail business or service establishment the commission finds to be consistent with the purpose of this chapter and which will not impair the present or potential use of adjacent properties. (Ord. 2177 § 7, 2003; Ord. 1960 § 3, 1998).
18.24.030 Conditional uses.
The planning commission may grant a conditional use permit for any of the following buildings and uses in accordance with the procedures set forth in Chapter 18.38 EMC:
A. Apartments;
B. Auditoriums;
C. Bowling alleys;
D. Bus terminals;
E. Clubs, lodges and meeting halls;
F. Colleges or schools, business or private;
G. Dance halls;
H. Dancing and music schools;
I. Facilities which exist for the purpose of providing for the temporary care and/or lodging of adult indigent persons;
J. Group care homes;
K. Hospitals;
L. Motor vehicle sales, repairs and services, new and used;
M. New dwelling units;
N. Service stations;
O. Other uses similar to the uses permitted or permitted conditionally and normally located in the central business district; provided, that there shall be no manufacturing, compounding, processing or treatment of products other than that which is essential to the retail store or business where all such products are sold at retail on the premises. (Ord. 1960 § 3, 1998).
18.24.040 Building height.
In the CB-1 district the maximum height shall be four and one-half stories or 40 feet except where the district abuts upon a residential district the maximum permitted building height shall not exceed the maximum building height permitted in the abutting residential district for a distance of 120 feet from the abutting boundary. (Ord. 1960 § 3, 1998).
18.24.050 Lot area, lot coverage and yard requirements.
A. General. All lots or development sites in the CB-1 district shall have no requirements as to lot area, lot coverage or yard setbacks.
B. Zone Transition Parcels. When parcel(s) in the CB-1 district directly abut a residential-zoned property, the setback along the abutting residential property shall adhere to the residential setback standards. (Ord. 2177 § 7, 2003; Ord. 1960 § 3, 1998).
18.24.060 Parking.
All uses shall conform to the general provisions and loading area standards of number, area, surface, screening and maintenance as required in Chapter 19.14 EMC. (Ord. 1960 § 3, 1998).
18.24.070 General requirements.
The following additional conditions shall apply to the CB-1 district: All uses shall be conducted wholly within a completely enclosed building except for service stations, off-street parking, storage of new and used vehicles for sale or repair and loading facilities. (Ord. 1960 § 3, 1998).
18.24.080 Signs.
Signs permitted in the CB-1 district are those allowed in Chapter 19.10 EMC. (Ord. 1960 § 3, 1998).
18.24.090 Compatibility with older homes along Cole Street.
Developments along those portions of Cole Street that still have older single-family homes shall be compatible with those homes. When feasible, compatibility shall be achieved by commercial conversion of existing homes. Where reuse of existing structures is not practical, new structures shall be designed in a manner that reflects, echoes, and honors, but does not necessarily copy, the surrounding older structures in terms of size, shape, exterior materials, openings, and landscaping. (Ord. 2003 § 5, 1999).
Chapter 18.26
CB-2 CENTRAL BUSINESS DISTRICTSections:
18.26.010 Requirements.
18.26.010 Requirements.
All uses and provisions for the CB-1 central business district shall comply in the CB-2 central business district except that no off-street parking shall be required. (Ord. 1960 § 3, 1998).
Chapter 18.28
LI LIGHT INDUSTRIAL DISTRICTSections:
18.28.010 Purpose.
18.28.020 Permitted uses.
18.28.030 Conditional uses.
18.28.040 Building height.
18.28.050 Lot area, lot width and yard requirements.
18.28.060 Maximum lot coverage.
18.28.070 Signs.
18.28.080 Parking and loading.
18.28.090 Performance standards.
18.28.010 Purpose.
The LI light industrial district is intended to create, preserve and enhance areas containing a wide range of manufacturing and related establishments and is typically appropriate to areas providing a wide variety of sites with good rail or highway access. (Ord. 1960 § 3, 1998).
18.28.020 Permitted uses.
In the LI light industrial district the following buildings and uses are permitted as hereinafter specifically provided for by this chapter, subject to the other provisions of these development regulations:
A. Accessory buildings and uses normal and incidental to the buildings and uses permitted in this chapter;
B. Agricultural machinery, sales and services;
C. Ambulance services;
D. Auction sales;
E. Automobile repair;
F. Bakeries, wholesale and retail;
G. Building maintenance services;
H. Building material sales;
I. Car washes, coin-operated or mechanical;
J. Commercial coaches bearing a black or gold tag from the Washington State Department of Labor and Industries; provided, said structure is sided with wood or simulated wood siding, is pit set and has a pitched roof with a minimum of three-to-one slope;
K. Equipment rental yards;
L. Equipment sales;
M. Feed and seed stores;
N. Planned unit developments, subject to Chapter 18.34 EMC;
O. Printing and publishing;
P. Public and private parking;
Q. Wholesaling, warehousing and storing of the following; provided, that all outdoor storage shall be enclosed within sight-obscuring fences or walls:
1. Automobiles, trucks, and buses;
2. Consumer goods;
3. Contractor’s equipment;
4. Building materials, except no on-site wrecking or burning;
5. Food products;
6. Liquid fuel;
7. Household goods;
8. Ice;
9. Lumber, log storage;
R. Other items similar to those listed in this section which do not have a different or more detrimental effect upon adjoining neighborhood areas or districts. (Ord. 1960 § 3, 1998).
18.28.030 Conditional uses.
The planning commission may grant a conditional use permit for any of the following buildings and uses in accordance with the procedures set forth in Chapter 18.38 EMC:
A. Asphalt batching;
B. Auditoriums and theaters;
C. Auto wrecking yards and salvage yards;
D. Bowling alleys;
E. Bus terminals;
F. Clubs, lodges and meeting halls;
G. Concrete mixing;
H. Consumer goods;
I. Dance halls;
J. Food products;
K. Hazardous waste storage facilities;
L. Hazardous waste treatment facilities;
M. Household goods;
N. Junkyards;
O. Manufacturing, compounding, bottling, processing, packaging or treatment of food and beverage products;
P. Natural mineral resources, development of, together with the necessary buildings, apparatus or appurtenances thereto including but not limited to rock, sand, gravel and mineral dredging, processing and stockpiling, top soil removal and all other types of mineral recovery or mining, excluding smelters and ore reduction, subject to Chapter 19.28 EMC;
Q. Essential public facilities, including secure community transition facilities;
R. Service stations;
S. Other uses similar to those listed in this section which shall not have a different or more detrimental effect upon adjoining neighborhood areas or districts than the uses specifically listed. (Ord. 2330 § 6, 2006; Ord. 2149 § 2, 2002; Ord. 1960 § 3, 1998).
18.28.040 Building height.
The maximum height shall be three stories or 35 feet except the maximum building height in a zone transition parcel shall not exceed the requirements from the adjoining more restrictive districts for a distance of 120 feet from the abutting boundary. (Ord. 1960 § 3, 1998).
18.28.050 Lot area, lot width and yard requirements.
The following minimum requirements shall be observed, except where increased for conditional uses:
A. Lot area: 10,000 square feet;
B. Lot width: none specified;
C. Front yard: 10 feet and required setbacks when building height exceeds 35 feet then one foot for each one foot of building height exceeding 35 feet;
D. Rear and side yards: all lots or development sites in the LI district shall have no rear and side yards required where said lots or development sites abut property lines of commercially or industrially zoned property except a street side yard shall have a setback of 10 feet;
E. Zone Transition Parcels. When parcels in the LI district directly abut a residential-zoned property, the setback along the abutting residential property shall adhere to the residential setback standards. (Ord. 2177 § 8, 2003; Ord. 1960 § 3, 1998).
18.28.060 Maximum lot coverage.
There is no maximum lot coverage specified for this district. (Ord. 1960 § 3, 1998).
18.28.070 Signs.
Signs permitted in the LI district are those permitted in Chapter 19.10 EMC. (Ord. 1960 § 3, 1998).
18.28.080 Parking and loading.
All uses shall conform to the general provisions and exceptions concerning off-street parking and loading area standards of number, area, surface, screening and maintenance, as required by Chapter 19.14 EMC, and street parking and/or loading shall not be permitted in an LI district. (Ord. 1960 § 3, 1998).
18.28.090 Performance standards.
All uses shall conform to the general provisions concerning performance standards as required by Chapter 19.22 EMC. (Ord. 1960 § 3, 1998).
Chapter 18.30
P PUBLIC USE DISTRICTSections:
18.30.010 Purpose.
18.30.020 Permitted uses.
18.30.030 Site plan approval required.
18.30.040 Bulk restrictions.
18.30.010 Purpose.
The purpose of the public use district is to provide for the control of all uses allowed on all public and quasi-public property within the city; to institute a procedure for changing or expanding uses on public or quasi-public property; to protect public safety and welfare and the property rights of private property owners by establishing criteria to which all uses must conform; and to provide for site plan review on proposed improvements. (Ord. 1960 § 3, 1998).
18.30.020 Permitted uses.
The following uses are permitted:
A. Any use or expansion of use which the city council approved prior to January 1, 1998, by the adoption of a land use plan; provided, that the land use plan was approved when the land is or was owned by the city, and in the event the land is sold or traded, then the land shall receive the designated zoning compatible with the use that was approved when the city owned the land. Any change in use from that use that was approved prior to the city’s transfer of the land shall be subject to the rezone process as set forth in Chapter 18.42 EMC.
B. The following uses are also permitted:
1. County, special district and city governmental buildings;
2. Schools, playgrounds and parks;
3. Public facilities such as reservoirs, water and wastewater treatment plants, surface water holding areas and solid waste transfer stations;
4. Other similar public and quasi-public uses such as privately owned utilities approved by the planning commission. (Ord. 1960 § 3, 1998).
18.30.030 Site plan approval required.
Improvements to which the design regulations apply (see EMC 19.12.020 for exemptions) shall not occur except in conformance with a site plan or master site plan which has been approved either through the site plan approval process (Type V permit) or as part of the comprehensive plan. (Ord. 1960 § 3, 1998).
18.30.040 Bulk restrictions.
The site shall be restricted by setback, height limits, lot coverage, dimensions in area, and similar restrictions of the most restrictive, contiguous district. (Ord. 1960 § 3, 1998).
Chapter 18.32
H HOSPITAL DISTRICTSections:
18.32.010 Purpose.
18.32.020 Permitted uses.
18.32.030 Site plan approval required.
18.32.040 Bulk restrictions.
18.32.010 Purpose.
The purpose of the hospital district is to provide for a zone that is specifically for the use of the hospital serving the city and surrounding region; to identify and recognize the importance of such an institution and directly related uses to continue to be located within and serving the city limits; to protect the public safety and welfare and property rights of private property owners surrounding the hospital and directly related uses by establishing criteria to which the hospital and directly related uses must conform; and to provide for site plan review for proposed improvements. (Ord. 1960 § 3, 1998).
18.32.020 Permitted uses.
The following uses are permitted as hereinafter specifically provided for by this chapter, subject to the other provisions of these development regulations:
A. Hospitals and medically related uses/facilities. (Ord. 1960 § 3, 1998).
18.32.030 Site plan approval required.
Improvements to which the design regulations apply (see EMC 19.12.020 for exemptions) shall not occur except in conformance with a site plan or master site plan which has been approved either through the site plan approval process (Type V permit) or as part of the comprehensive plan. (Ord. 1960 § 3, 1998).
18.32.040 Bulk restrictions.
The site(s) shall be restricted by setback, height limits, lot coverage, dimensions in area, and similar restrictions of the most restrictive, contiguous district. (Ord. 1960 § 3, 1998).
Chapter 18.34
PLANNED UNIT DEVELOPMENT (PUD)Sections:
18.34.010 Purpose and intent.
18.34.020 Approval process.
18.34.030 Principal uses.
18.34.040 Design policies and development standards.
18.34.050 Modifications to the PUD plan.
18.34.060 Area-specific plans.
18.34.010 Purpose and intent.
A. The intent of this chapter is to encourage mixed use development that, firstly, is not adequately provided for in other areas of this zoning code, and secondly, complies with the goals and policies of the comprehensive plan in an innovative way. The further purpose is to provide flexibility in the application of certain zoning regulations while providing a level of compatibility between the PUD and the adjoining uses.
B. The PUD encourages innovative responses to:
1. Environment constraints, such as sensitive areas;
2. The challenges of population density by allowing a deviation from rigidly established patterns of land uses, in order to successfully meet the needs of the community while complying with the mandates of the Growth Management Act;
3. The provision of adequate open space for the uses within the PUD, by providing flexibility of design in the placement of buildings, open space, and parking areas;
4. Circulation, both pedestrian and vehicular, both within the PUD and in relation to circulation patterns surrounding the site.
C. Alternatives to existing solutions in the above areas will result in design which is beneficial to the community, efficient, and of high quality. The PUD may improve the health and/or welfare of the community by providing public open space, facilities, emphasizing solar/passive energy use, preserving environmentally sensitive areas, etc. (Ord. 1960 § 3, 1998).
18.34.020 Approval process.
To establish a PUD, the site must be rezoned PUD. The rezone application shall include a plan sufficient for the city to consider the proposal’s location, density, building layout, pedestrian/ vehicular circulation, site access, building elevations, signing, landscaping, lighting, finished materials, and colors. The PUD, if approved, shall be developed in accordance with said plan. (Ord. 1960 § 3, 1998).
18.34.030 Principal uses.
A. Land uses within the PUD shall be compatible with those of adjoining properties and with the goals of the comprehensive plan. Specific uses shall be designated with the PUD application for each individual site. Uses permitted in all residential zones and the CB, NB and GO are permitted, along with the following:
1. Private or public school;
2. Churches;
3. Athletic clubs, lodges, or fraternal organizations;
4. Public or utility uses;
5. Mixed use structures conforming with the above list;
6. Research and development, assembly, manufacturing;
7. Similar uses if approved via the PUD process.
B. Changes to land or specific building uses designated in the original application or approved site plan shall require a rezone review which may result in approval, approval with conditions, or denial. (Ord. 1960 § 3, 1998).
18.34.040 Design policies and development standards.
A. The intent of the design standards are based on the following policies adopted in this section:
1. Encourage commercial and office uses that serve the surrounding neighborhood and provide employment opportunities without negatively impacting the viability of the downtown area;
2. Limit and discourage development of strip-type, highway-oriented commercial uses that create traffic and congestion because they require numerous individual curb cuts and generate higher traffic volumes;
3. Permit uses that promote small scale buildings in a manner that maintains the visual character and architectural scale of existing development within the area;
4. Minimize visual and functional conflicts between residential and nonresidential uses within and abutting the district;
5. Encourage consolidation of curb cuts for vehicular access and promote more efficient and economical parking facilities;
6. Encourage uses that minimize noise and congestion;
7. Encourage safe and convenient pedestrian/bicycle access;
8. Retain view corridors to Mount Rainier and Mount Peak when appropriate.
B. Design Standards. Any PUD shall meet the following criteria:
1. For nonresidential development, each proposed use will not require more than one curb cut for vehicular access;
2. The proposed use will be of a similar architectural scale to existing development in the district or will utilize an existing building;
3. Minimum visual and functional conflict will be created between the proposed use and nearby uses;
4. The proposed use will share an access driveway and/or parking with another abutting use, or is designed to permit such sharing when and if it becomes feasible.
C. Development Standards.
1. Percent of Coverage. Not more than 80 percent of any lot area may be covered by buildings and/or impervious paving materials, and not more than 50 percent of any lot area may be occupied by buildings. A minimum of 20 percent of each lot shall be landscaped.
2. Maximum Building Dimension. In no instance shall the greatest dimension of a building exceed 125 feet, measured parallel to exterior building walls.
3. Maximum Use Size. No single commercial use shall consist of more than 10,000 square feet.
4. Parking. All parking spaces shall be:
a. Located behind the front building setback line.
b. All commercial or multifamily parking spaces shall be set back a minimum of five feet from property lines and screened via landscaping and/or berms, except that parking shared by the uses located on two or more adjacent lots may extend to and over the boundary lines of the lots it serves.
c. Access.
i. The following minimum distances from intersections shall apply for all access driveways where feasible, measured between centerlines:
(A) State highways: 300 feet;
(B) Other roads: 200 feet.
ii. Common parking areas and/or access ways shall be permitted and encouraged; provided, that:
(A) Access easements and maintenance agreements or other suitable legal mechanisms shall be provided where necessary;
(B) Liability safeguards for all property owners and lessees served by the common parking areas and/or access ways shall be guaranteed to the satisfaction of the city attorney.
5. Structures. Structures shall have varying setbacks, roof lines, and building mass. Principal structures shall not exceed two and one half stories or 30 feet in height. Structures should be clustered when possible.
a. Architectural Design.
i. Architectural design of structures should be compatible throughout the PUD;
ii. Architectural design within the PUD should be compatible with that of surrounding land uses in style, scale and materials.
6. Development standards not addressed in this section shall be specified in the PUD application and shall be subject to verification through the PUD approval process. (Ord. 2178 § 1, 2003; Ord. 1960 § 3, 1998).
18.34.050 Modifications to the PUD plan.
A. The administrator may approve a modification to the PUD plan if:
1. The modified PUD plan better meets the goals of the comprehensive plan, the standards contained herein, and the community benefit; and
2. The modification will not result in an increase in nonmitigated impacts, including traffic, environmental concerns, view encroachments, etc.
B. Modifications which do not fulfill the above requirements may be approved only through the rezone process. (Ord. 1960 § 3, 1998).
18.34.060 Area-specific plans.
As part of the comprehensive plan, or an update to the plan, the city may adopt area-specific plans. Area-specific plans shall apply to specific described parcel(s) when zoned PUD. Said plans may contain additional land use regulations in addition to those contained in this chapter. Ordinance 1765, on file in the office of the city clerk, adopts and includes one such area-specific plan: the Holdener Farm Area Plan. (Ord. 1960 § 3, 1998).
Chapter 18.36
OLD TOWN OVERLAY DISTRICTSections:
18.36.010 SEPA threshold determination required for demolition permits.
18.36.020 SEPA threshold determination.
18.36.010 SEPA threshold determination required for demolition permits.
Demolition permits in the Old Town overlay district shall not be categorically exempt from SEPA. (Ord. 1960 § 3, 1998).
18.36.020 SEPA threshold determination.
In performing a SEPA threshold determination for a demolition permit in the Old Town overlay district, the administrator shall consider:
A. The cumulative impact of the loss of structures and associated businesses from downtown to nonbusiness uses including but not limited to parking lots providing spaces beyond that required by the municipal code.
B. The loss of historic structures inventoried by King County or other structures at least 50 years old that represent significant events or architectural styles of the period. (Ord. 1960 § 3, 1998).
Chapter 18.37
ACCESSORY USESSections:
18.37.010 Allowed – Flammable materials storage limitation.
18.37.010 Allowed – Flammable materials storage limitation.
Accessory uses, as defined in EMC 15.04.020, are allowed in all zones, but only in the LI and P zones shall tanks for the storage of more than 500 gallons of flammable materials be an accessory use. (Ord. 1986 § 2, 1998).
Chapter 18.38
CONDITIONAL USESSections:
18.38.010 Uses subject to conditional use permit in any district.
18.38.020 Description and purpose.
18.38.030 Procedure.
18.38.040 Permit – Conditions.
18.38.010 Uses subject to conditional use permit in any district.
A. Specific Uses. The following uses shall require a conditional use permit issued at a public hearing in accordance with this chapter before the location and operation thereof is permitted:
1. Airports and landing fields (R-1, LI);
2. Amusement parks (HCB, LI);
3. Carnivals and circuses, if established for more than two weeks except those in conjunction with a county fair or other outdoor governmentally sponsored event (HCB, LI);
4. Cemeteries (R-1, R-2, R-3, LI);
5. Facilities for the care and/or lodging of alcoholics (LI);
6. Garbage dumps, sanitary landfills (P, LI);
7. Heliports and helistops (CB, HCB, LI);
8. Jails and penal farms (R-1, P, LI);
9. Mental hospitals (R-1);
10. Pounds, dog or cat (LI, P);
11. Mobile home for a night watchman in a nonresidential zone subject to an annual renewal fee and the conditional use permit is nontransferable;
12. Secure community transition facilities (LI);
13. Temporary office subject to an annual renewal fee and the conditional use permit is nontransferable.
B. Interpretation. Where a use is not authorized or where ambiguity exists concerning the appropriate classification or procedure for the establishment of a particular use or type of development within the meaning and intent of this chapter, the use or type of development may be established by conditional use permit in accordance with the provisions of this chapter until such time as the section is amended. (Ord. 2149 § 3, 2002; Ord. 1960 § 3, 1998).
18.38.020 Description and purpose.
A. It is recognized that certain types of uses require special consideration prior to their being permitted in a particular district. The reasons for requiring such special consideration involve, among other things, the size of the area required for the full development of such uses, the nature of the
traffic problems incidental to operation of the use, the effect such uses have on any adjoining land uses, and the growth and development of the community as a whole.
B. All uses permitted conditionally are declared to be possessing such unique and special characteristics as to make impractical their being included as outright uses in any of the various districts defined herein. The authority for the location and operation thereof is subject to review and the issuance of a conditional use permit. The purpose of review is to determine that the characteristics of any such use are not unreasonably incompatible with the type of uses permitted in surrounding areas and for the further purpose of stipulating such conditions as may be reasonable so that the basic purposes of this chapter are served. Nothing construed herein shall be deemed to require the planning commission to grant a conditional use permit. (Ord. 1960 § 3, 1998).
18.38.030 Procedure.
EMC Title 15 establishes the procedure for conditional use (Type IV) permits. (Ord. 1960 § 3, 1998).
18.38.040 Permit – Conditions.
A. Purpose. The purpose of the conditional use permit is to allow certain uses in zoning districts that would normally be prohibited, when the requested uses are not inconsistent with the goals, policies and procedures of the comprehensive plan or zoning code and are deemed consistent with the existing and potential uses within the zoning district.
B. Conditions. The Enumclaw planning commission may grant, with or without conditions (including a specified period of time), or deny a requested conditional use permit. The planning commission may limit the term and duration of the conditional use permit. Conditions imposed by the planning commission shall be reasonable and assure that a nuisance or hazard to life or property shall not develop.
C. Criteria. The planning commission must find that the requested conditional use meets all of the following criteria or findings in order to grant a conditional use permit:
1. Comprehensive Plan. The proposed use shall be compatible with the comprehensive plan and all these development regulations (EMC Titles 15 through 19).
2. Community Need. There shall be a community or public need for the proposed use in the proposed location. In determining the community need the planning commission shall consider the following factors (and find they all apply):
a. The proposed location shall not result in the detrimental over-concentration of the particular use within the city, within the particular zoning district or neighborhood;
b. The proposed location is suited for the proposed use.
3. Effect on Adjacent Properties. The proposed use at the proposed location shall not result in substantial or undue adverse economic, aesthetic, or environmental effects on adjacent property.
4. Bulk and Lot Coverage. The bulk and lot coverage of the proposed use shall be compatible with the surrounding property, or shall be conditioned so as to not impose an adverse impact upon the surrounding property.
5. Height. Building and structure heights shall conform to the requirements of the surrounding zoning district. Bell towers, public utility antennas or similar structures may exceed the height requirements for the zoning district upon approval of a variance.
6. Parking. Required parking stalls and vehicle types shall not be incompatible with the normal uses allowed in the zoning district. The number of stalls may be greater if the planning commission finds that the increase is not incompatible with the proposed use or the neighborhood standards. A greater number of stalls may be required to be shielded with greater landscaping.
7. Traffic. Traffic and circulation patterns of vehicles and pedestrians relating to the proposed use shall not be detrimental to the existing and proposed allowable uses in the zoning district. The traffic and circulation patterns shall assure safe movement in the surrounding area.
8. Schools. The proposed use shall not create an adverse impact on the Enumclaw School District or the schools serving the neighborhood. The proposed use may be required to mitigate adverse impacts upon the school district.
9. Noise and Glare. Potential noise, light and glare impacts relating to the proposed use shall not unduly impact nor detract from the surrounding properties in the zoning district. The commission shall find that the potential noise, light and glare shall not deter from the surrounding properties in the zoning district.
10. Hours of Operation. The hours of operation shall not create intrusive impacts into the neighborhood.
11. Landscaping. Landscaping shall be provided in all areas not occupied by buildings or paving. The commission may require exceptional landscaping as a condition.
12. Accessory Uses. Accessory uses required in the underlying zone, such as garages or carports in single-family zones, shall be required with any requested conditional use. Discretionary accessory uses shall be considered separate uses and shall be subject to the provisions of the