Chapter 17.40 DEVELOPMENT STANDARDS

Chapter 17.40
DEVELOPMENT STANDARDS

Sections:

17.40.010 Purpose.

17.40.020 Lot area, density and yard requirements.

17.40.030 Height limitations.

17.40.040 Fences, hedges and walls.

17.40.050 Landscaping.

17.40.060 Parking.

17.40.065 Road approaches and curb cut standards.

17.40.070 Performance standards.

17.40.080 Zero lot line development.

17.40.010 Purpose.

The intent of this chapter is to establish the general standards for development within the city of Kelso. (Ord. 3699 § 1 (Att. B), 2009)

17.40.020 Lot area, density and yard requirements.

A. Table 17.40.020 establishes the lot area, density and yard requirements for development in the land use districts. Additional provisions in Chapter 17.20 and this chapter apply in addition to these standards.

Table 17.40.020
Lot Area, Density and Yard Requirements
Zone Class	Min. Area (sq. ft.)	Max. Area (sq. ft.)	Maximum Residential Density (units/acre)	Min. Lot Width	Min. Lot Depth	Setback Standards
Zone Class	Min. Area (sq. ft.)	Max. Area (sq. ft.)	Maximum Residential Density (units/acre)	Min. Lot Width	Min. Lot Depth	Front	Street Side	Side	Rear
RSF-15	15,000		2.9	80'	100'	20'	7'	5'	10'
RSF-10	10,000	22,000	4.3	60'	80'	20'	7'	5'	10'
RSF-5	5,000	11,000	8.7	50'	60'	20'	7'	5'	10'
RMF	5,000	N/A	32.3	50'	60'	20'	7'	5'	10'
OPN
CTC	None	None	Unrestricted1	None	None	0 Min, 5' Max	0 Min, 5' Max	0	0
CWK	None	None	Unrestricted1	None	None	0 Min, 5' Max	0 Min, 5' Max	0	0
CNH	None	None	Unrestricted1	None	None	10'	10'	0	0
CSR	None	None	Unrestricted1	None	None	0	0	0	0
CMR	None	None	Unrestricted1	None	None	0	0	0	0
LI	20,000	None	None	None	None	20'	20'	0	0
GI	20,000	None	None	None	None	20'	20'	0	0

1. Upper floor residential uses are limited only by the physical constraints of the structure and required parking.

B. In applying the standards of Table 17.40.020 to the RSF zones the following standards apply:

1. The allowed density is intended to mean the net density where only the buildable portion of the property is used in the calculation, i.e., critical areas are excluded;

2. Where existing front yards of housing units directly abutting a lot are less than that required by Table 17.40.020, the front yard may be reduced to the average depth of the existing yards; provided, that such front yard shall not have a depth of less than ten feet;

3. Accessory buildings shall have a minimum setback of five feet from the rear and side property lines. Detached garage facilities for single-family residences may have a zero-foot setback from an alley, provided access is obtained from the alley;

4. In no case shall the entrance to the garage be closer than twenty feet from the right-of-way;

5. On through lots, yards abutting both streets shall provide the required front yard. Accessory buildings on through lots shall conform to the setbacks for principal buildings;

6. The maximum lot coverage for any single or multifamily residential lot is fifty percent. Lot coverage includes any impervious surface.

C. For single-family development, a minimum of six hundred square feet per lot and for multifamily development, a minimum of three hundred square feet per unit shall be available for the purposes of outdoor recreation of which no dimension shall be less than ten feet.

D. All corner building sites located in use districts that require a front and side yard shall maintain a clear triangle at the intersection of the street rights-of-way to assure traffic safety in accordance with Section 17.40.065B1.

E. All noncorner lots shall maintain a clear triangle at the intersection of driveways or access roads and the street rights-of-way to assure traffic safety in accordance with Section 17.40.065B2.

F. The following projections are permitted into required yards:

1. Cornices, eaves, roof overhangs, trellises, beams, joists, and other similar roof projections may extend or project into required yards according to the following chart:


Type of Yard	Projection Allowed
Front or rear	Maximum of five feet
Side yard	Maximum of two feet

2. Outside stairs, platforms or landing places, if unroofed and unenclosed, may extend into required yards according to the following chart:


Type of Yard	Projection Allowed
Front	Maximum of three feet
Side	Maximum of three feet
Rear	Maximum of five feet

3. Ramps or other devices necessary for access for the disabled and elderly, which meet Washington State Rules and Regulations for Barrier Free Design, are permitted in all required setbacks.

4. Uncovered, unenclosed pedestrian bridges, necessary for access and less than five feet in width, are permitted in required setbacks.

5. Porches or balconies that are accessory to a residential use may project into required setbacks. Such porches and balconies shall be permitted within five feet of any lot line if they are thirty inches or greater above the adjacent grade.

6. Decks that are accessory to a residential use may project into required setbacks. Such decks may be attached to the principal building and shall be permitted up to any lot line if they abut a permitted fence or freestanding wall, and are at least three feet below the top of the fence or wall. The fence or wall shall be no higher than six feet above existing finish grade.

7. Underground structures are permitted in all setbacks.

8. Overhead and underground utilities are permitted in required yards. (Ord. 3699 § 1 (Att. B), 2009)

17.40.030 Height limitations.

Buildings and structures shall comply with the maximum height limits as specified in Table 17.40.030 based on the zoning of the subject parcel.

Table 17.40.030
Zone	Maximum Building Height1 (feet)	Maximum Structure Height1 (feet)
RSF-15, -10, -5	352	353
RMF	354	353
OPN	35	353
CTC	605	353
CWK	456	453
CNH	357	353
CSR	60	353
CMR	608	353
LI	359	353
GI	359	353

1. Height of a building or structure shall be measured by the vertical distance above grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The height of a stepped or terraced building is the maximum height of any segment of the building. Chimney and vents shall not be included in building height. Grade is the computed average of the lowest and the highest points of elevation of the original surface of the ground, or existing paving or sidewalk within the area between the building and property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building.

2. Building heights may be increased to a maximum of fifty feet for churches and schools through Type II review where, in addition to other standards of this title, the following are met:

a. View opportunities from adjacent parcels are not substantially reduced;

b. Fire flow available to the site is consistent with the minimum standards for the category and height of the structure as defined in the adopted fire code;

c. No unstable slopes or soils are present on the building site; and

d. Solar access of neighboring lots is not reduced.

3. The maximum structure height may be increased for structures through Type II administrative use procedures as follows:

a. Provided view opportunities from adjacent parcels shall not be substantially reduced by the increased height of any structure and are not otherwise prohibited by the Airport Hazard Overlay (APO) zone;

b. Noncommercial, nonparabolic antennas affixed to noncommercial communication towers that are no more than fifty feet in height above grade shall not require administrative review;

c. One flagpole forty-five feet or less in height per parcel shall not require administrative review;

d. Utility poles fifty feet or less in height shall not require administrative review.

4. Building heights may be increased upon the issuance of a conditional use permit where, in addition to other standards of this title, the following are met:

a. View opportunities from adjacent parcels are not substantially reduced;

b. Fire flow available to the site is consistent with the minimum standards for the category and height of the structure as defined in the adopted fire code;

c. No unstable slopes or soils are present on the building site; and

d. Solar access of neighboring lots is not reduced.

5. Building height is subject to the following exceptions:

a. When adjacent to a RSF zoning district, the maximum building height shall be thirty-five feet for a distance of thirty feet from the parcel line abutting the RSF zone.

6. Building height is subject to the following exceptions:

a. When adjacent to a RSF zoning district, the maximum building height shall be thirty-five feet for a distance of thirty feet from the parcel line abutting the RSF zone.

7. Building height is subject to the following exceptions:

a. When adjacent to a RSF zoning district, the maximum building height shall be thirty-five feet for a distance of thirty feet from the parcel line abutting the RSF zone.

b. Building heights may be increased to a maximum of forty-five feet upon the issuance of a conditional use permit where, in addition to other standards of this title, the following are met:

i. View opportunities from adjacent parcels are not substantially reduced;

ii. Fire flow available to the site is consistent with the minimum standards for the category and height of the structure as defined in the adopted fire code; and

iii. Solar access of neighboring lots is not reduced.

8. Building height is subject to the following exceptions:

a. The height limits shall be increased to eighty-five feet where structured parking is provided under the building;

b. When adjacent to a RSF zoning district, the maximum building height shall be thirty feet for a distance of thirty feet from the parcel line abutting the RSF zone.

9. Building heights may be increased to a maximum of forty-five feet upon the issuance of a conditional use permit where, in addition to other standards of this title, the following are met:

a. View opportunities from adjacent parcels are not substantially reduced;

b. Fire flow available to the site is consistent with the minimum standards for the category and height of the structure as defined in the adopted fire code; and

c. Solar access of neighboring lots is not reduced.

(Ord. 3699 § 1 (Att. B), 2009)

17.40.040 Fences, hedges and walls.

A. Fences, hedges and walls shall comply with the maximum height limits as specified in Table 17.40.040 based on the zoning of the subject parcel.

B. No sight-obscuring fence, hedge or wall over thirty-six inches higher than the grade of adjacent streets shall be permitted on corner lots in the yard area formed by a line from the lot corner at the street intersection along the front yard line fifteen feet and side yard line fifteen feet and a line connecting the two lot lines at the point fifteen feet from the intersection corner.

C. Height of fence, hedge or wall shall be measured from finished grade at the exterior side of the fence. No person may construct a berm upon which to build a fence, hedge or wall unless the total height of the berm plus the fence does not exceed the maximum height allowable for the fence if the berm were not present.

D. No fence, hedge or wall shall be allowed to contain barbed, razor or other types of wire designed to cause injury to persons or animals except within the LI and GI zones.

Table 17.40.040
Zone Class	Maximum Height Front Setback	Maximum Height Rear and Side Setback
RSF-15, -10, -5	3.5' (42 inches)	6'/8'1
RMF	3.5' (42 inches)	6'/8'1
OPN		6'
CTC	6'	6'/8'1
CWK	6'	6'/8'1
CNH	6'	6'/8'1
CSR	6'	6'/8'1
CMR	6'	6'/8'1
LI	8'	8'
GI	8'	8'

1. Fences, hedges or walls up to eight feet in side and rear yards may be approved administratively through Type II review.

(Ord. 3699 § 1 (Att. B), 2009)

17.40.050 Landscaping.

A. The purpose of this section is to preserve the landscape character of the community, link the city’s natural amenities with landscape greenbelts along scenic roads, improve the aesthetic quality of the built environment, promote retention and protection of existing vegetation, reduce the impacts of development on wetlands, streams and the natural environment, enhance the value of current and future development and increase privacy for residential zones by:

1. Retaining existing vegetation, tree stands and significant trees by incorporating them into the site design.

2. Incorporating native vegetation and drought-resistant plant material into new landscape developments.

3. Providing vegetated screening between different intensities of residential uses.

4. Providing visual relief of parking areas in the neighborhood service centers (CNH), Kelso town center (CTC), west Kelso (CWK), light industrial (ILM) and multiple-family (RMF) districts.

5. Providing vegetated screening between residential and nonresidential areas.

B. Landscaping shall be required for all new development, except single-family residential building permits and as may be additionally required through conditional use review or in conjunction with subdivision requirements required within Title 16.

C. Perimeter landscape requirements shall be required. Table 17.40.050(B) indicates the type of perimeter landscaping required when the subject property directly abuts various zoning districts and land uses.

Table 17.40.050(B)
Zone	Abutting Zoning or Land Use	Perimeter Buffer Type	Buffer Width
CNH, CSR and CMR Districts	Rights-of-way/roads	Filtered Screen	5'
CNH, CSR and CMR Districts	RSF-15, -10, -5, RMF	Partial Screen	5'
Light Manufacturing (ILM) Districts	Rights-of-way/roads	Filtered Screen	10'
	Nonmanufacturing uses	Partial Screen	10'
	Residential district	Filtered Screen	20'
Areas Outside CTC, CWK, CNH and ILM Districts—Nonresidential Uses	Rights-of-way/roads	Filtered Screen	10'
	RSF-15, -10, -5, RMF	Partial Screen	10'
	Nonindustrial uses	Partial Screen	10'
Town Center (CTC) District	Single-family residential (RSF) district	Partial Screen	3'
Multifamily Residential (RMF) District	Rights-of-way/roads	Filtered Screen	10'
	Single-family residential (RSF) district	Partial Screen	5'
	Multifamily residential (RMF) district	Filtered Screen	10'
West Kelso (CWK) District	Single-family residential (RSF) district	Partial Screen	5'
General Industrial (IGM)	Commercial or light industrial	Partial Screen	10'
General Industrial (IGM)	Residential	Filtered Screen	20'

1. A partial screen provides a moderate vegetated separation between uses and land use districts and shall meet the following standards:

a. Minimum fifty percent evergreen trees ranging in height from four feet to six feet at the time of planting with at least fifty percent being six feet high; and

b. Deciduous trees with a caliper of at least two inches at the time of planting; and

c. At least twenty percent of the trees shall be native species and drought-resistant; and

d. The number of trees is determined by dividing the length of the landscape perimeter by twenty feet; and

e. Evergreen shrubs at least twenty-one inches in height at the time of planting, spaced no more than three feet on center, to achieve minimum four feet height at maturity; and

f. The number of shrubs is determined by dividing the length of the landscape perimeter by five feet; and

g. Living ground cover shall be planted and spaced to achieve total coverage within three years; and

h. Plants may be clustered within the landscape perimeter to screen structures and parking areas.

2. A filtered screen provides a light vegetated separation between uses and land use districts and allows visual access to developments.

a. One hundred percent deciduous trees, two-inch caliper, spaced no more than thirty feet on center; and

b. Evergreen shrubs, minimum twenty-one inches in height at the time of planting, achieving a maximum height of three feet at maturity; and

c. Living ground cover shall be planted and spaced to achieve total coverage within three years.

3. Existing vegetation may be used in lieu of new plant material if not already being used to meet another requirement, except as otherwise provided in subsection D of this section (site interior retention of thirty percent of significant tree canopy).

4. A partial screen will be required to screen utilities located above ground from adjacent uses.

5. Perimeter landscaping shall be clustered in areas to screen structures, utility structures, loading areas, parking lots, trash enclosures, storage areas and mechanical equipment.

6. Earth berms in combination with shrubs and trees may be used to achieve the initial planting height requirement.

7. The department may approve the averaging of perimeter landscape widths to provide adequate screening if it meets the following criteria:

a. The total required perimeter dimension square footage shall be achieved;

b. Plant material may be clustered to more effectively screen parking areas and structures;

c. Does not diminish the quality of the perimeter landscape;

d. When significant trees are being retained.

D. To preserve the forested character of the city in all development, except those within the town center (CTC) and west Kelso (CWK) districts shall comply with the standards of this section.

1. Significant trees and tree stands located in perimeter landscape areas and within a site’s interior shall be preserved as follows:

a. Perimeter Landscape Areas.

i. Retain all significant trees and tree stands located in the perimeter landscape areas.

ii. Perimeter landscape widths may be averaged to save significant trees, but shall not be reduced less than the allowed minimum perimeter dimension.

b. Site Interior.

i. Retain thirty percent of the significant tree canopy on the site (which may include the perimeter landscape areas, critical areas and critical area buffers); or

ii. Retain fifteen percent of the total number of significant trees, excluding significant trees within the perimeter landscape areas, critical areas, and critical area buffers.

c. Areas devoted to driveways, curb cuts, and sight distance requirements, utilities and storm drainage facilities are exempt from this requirement provided there are no feasible alternatives for their location.

d. Significant trees and tree stands may be exempt from this requirement if it is determined by a qualified consultant, such as a landscape architect or arborist certified by the International Society of Arboriculture, that the vegetation is:

i. Damaged, diseased or standing dead trees; or

ii. Safety hazards due to potential root, trunk or primary limb failure, or exposure of mature trees which have grown in a closed, forested situation; or

iii. Notwithstanding subsections D1di and ii of this section, at the discretion of the department, damaged, diseased or standing dead trees may be retained and counted toward the significant tree requirement if demonstrated that such trees will provide fish or wildlife habitat and are not classified as a danger.

e. If significant trees have been removed from a closed, forested situation, an adequate buffer of smaller trees shall be retained or planted on the fringe of such significant trees as determined by a qualified consultant, such as a landscape architect or an arborist certified by the International Society of Arboriculture.

f. The landscape architect or arborist shall be certified by the city as a qualified consultant and paid for by the applicant.

2. Significant trees and tree stands shall be protected during construction consistent with the following standards:

a. No cutting of significant trees shall be allowed on a site until the planting and significant tree and tree stand retention plans have been approved by the department.

b. An area of prohibited disturbance, generally corresponding to the drip line of the significant trees and/or tree canopy of tree stands, shall be identified by the applicant and approved by the department before commencement of site plan preparation. A temporary four-foot-high chain link or four-foot-high plastic net fence shall delineate the area.

c. No impervious surfaces, fill, excavation, vehicle operations, compaction, removal of native soil or storage of construction materials shall be permitted within the area defined by such fencing.

d. A rock well shall be constructed if the grade level around the tree is to be raised more than one foot. The inside diameter of the well shall be equal to the diameter of the drip line of the tree or tree canopy of tree stands.

e. The grade level shall not be lowered within the larger of the two areas defined as follows:

i. The drip line of the tree, or the tree canopy of tree stands;

ii. As recommended by a consulting landscape architect or arborist certified by the International Society of Arboriculture.

f. Alternative protection methods may be used if determined by the department to provide equal or greater tree protection. Alternative protection methods must be recommended by a consulting landscape architect or arborist certified by the International Society of Arboriculture.

g. The landscape architect or arborist shall be certified by the city as a qualified consultant and paid for by the applicant.

3. Significant Trees and Tree Stand Replacement. When the required number of significant trees or tree stands is not retained, they shall be replaced as determined by the department with:

a. An equal number of transplanted significant trees or tree canopy; or

b. New trees measuring one-and-one-half-inch caliper if deciduous and four feet high if evergreen, at a replacement rate of one-inch diameter for every one-inch diameter (measured diameter-breast-height) of the removed significant tree or trees within a tree stand. The replacement rate determines the number of replacement trees. The trees removed shall be replaced with trees of the same type, evergreen or deciduous. The replacement trees shall also be replaced in the same location as the trees removed.

i. Failure to replace or transplant trees will be enforced as provided in this code; provided, that any fine shall be no less than three times the value of the trees, as determined by the current standards of the International Society of Arboriculture.

ii. If unauthorized tree(s) or vegetation removal occurs within the public right-of-way, all permits in force on the subject property shall be suspended and no new permits issued until the tree(s) or vegetation has been replaced or all penalties have been satisfied.

c. Native shrubs and ground cover shall also be replaced when replacing tree stands due to unauthorized removal. Shrubs shall be one-gallon size planted four feet on center spacing, ground cover shall be one-gallon size planted three feet on center spacing. The shrubs and ground cover shall be planted within the limits of the previous tree stand canopy.

d. If the significant tree and tree stand retention requirements of this section create an unnecessary hardship, the applicant may request a modification.

4. The director may administratively approve a modification of the significant tree and tree stand requirements of this section if:

a. The modification is necessary because of special circumstances relating to the location of existing significant trees and tree stands which prevents compliance with this section; and

b. The special circumstances of the subject property make the strict enforcement of the provisions of this section an unnecessary hardship to the property owner; and

c. The special circumstances of the subject property are not the result of the actions of the applicant; and

d. The approving of the modification will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and land use district in which the subject property is located; and

e. The modification is consistent with the purpose and intent of this chapter; and

f. The site design incorporates the retention of other natural vegetation in consolidated locations, which promotes the natural vegetated character of the site.

E. Parking Lot Landscaping. Landscaping within parking lots shall comply with the standards of this section.

1. Within the neighborhood service center (CNH) district, light manufacturing (ILM) district and for all nonresidential uses outside of the town center (CTC) district shall provide the following landscaping within parking lots:

a. Parking lots located adjacent to public rights-of-way shall provide:

i. Landscape islands shall be provided at each end of all parking aisles;

ii. Trees within landscaped areas shall be provided at a rate of one tree for every four parking spaces with a minimum thirty percent evergreen trees;

iii. Evergreen shrubs minimum eighteen-inch height at the time of planting, spaced no more than three feet on center, to provide a continuous hedge achieving a maximum height of three feet at maturity located adjacent to the rights-of-way (this may be achieved with the perimeter landscape); and

iv. All landscaped areas shall be provided with evergreen ground cover planted and spaced to achieve total coverage within two years; and

b. Parking lots not located adjacent to public rights-of-way shall provide:

i. Landscape islands shall be provided at each end of all parking aisles;

ii. Trees within landscaped areas shall be provided at a rate of one tree for every eight parking spaces;

iv. All landscaped areas shall be provided with evergreen ground cover plants and/or shrubs planted and spaced to achieve total coverage within two years.

2. Within the town center (CTC), west Kelso (CWK) and multifamily (RMF) districts shall provide the following landscaping within parking lots:

a. Parking lots located adjacent to public rights-of-way and in front of or to the side of buildings shall provide:

i. Landscape islands at each end of all parking aisles;

ii. Trees within landscaped areas shall be provided at a rate of one tree for every two parking spaces when the parking lot is in front of the building and one tree for every four parking spaces when the parking lot is to the side of the building;

iv. Deciduous trees minimum two-inch caliper, spaced no more than thirty feet on center, located along the public rights-of-way (this may be achieved with the perimeter landscape); and

v. All landscaped areas shall be provided with evergreen ground cover planted and spaced to achieve total coverage within two years; and

b. Parking lots located behind building and not adjacent to the right-of-way shall provide:

i. Landscape islands shall be provided at each end of all parking aisles;

ii. Trees within landscaped areas shall be provided at a rate of one tree for every eight parking spaces;

iii. All landscaped areas shall be provided with evergreen ground cover plants and/or shrubs planted and spaced to achieve total coverage within two years.

3. Parking lot landscaping shall comply with the following standards:

a. Maintain shrubs at a maximum three feet height so views between vehicles and pedestrians will not be blocked.

b. Trees shall be provided at a minimum two inch caliper for deciduous trees and six feet in height for evergreen trees.

c. Landscaping in planting islands or strips shall have an area of at least one hundred square feet and with a narrow dimension of not less than five feet if wheel stops are provided to prevent vehicle overhang. A narrow dimension of not less than eight feet may be provided if the vehicle overhang area is included in the planting area.

d. Provide permanent curbs or wheel stops to protect the plantings from vehicle overhang.

e. Significant trees and tree stands may be used in lieu of new landscape requirements if they are in addition to the significant tree and tree stand retention requirements.

f. Clustering of new plant material within parking lots may be approved or required by the department if the intent of this section is met.

g. Trees within parking areas shall be of appropriate species for parking lots.

F. To encourage the use of native species and recommend planting conditions adaptive to Kelso, landscape designs shall conform to the following provisions:

1. Areas not devoted to landscape required by this chapter, parking, structures and other site improvements are encouraged to be planted or remain in existing vegetation.

2. New plant materials shall include native species or nonnative species that have adapted to the climatic conditions of western Washington.

3. New plant materials shall consist of drought-resistant species, except where site conditions within the required landscape areas assure adequate moisture for growth.

4. When the width of any landscape strip is twenty feet or greater, the required trees shall be staggered in two or more rows.

5. Existing vegetation may be used to augment new plantings to meet the standards of this chapter.

6. Grass may be used as a ground cover where existing or amended soil conditions assure adequate moisture for growth.

7. Ground cover areas shall contain at least two inches of composted organic mulch at finish grade to minimize evaporation. Mulch shall consist of materials such as composted yard waste, composted sawdust, and/or manure that are fully composted.

8. Existing soils may need to be augmented with fully composted organic material.

G. Performance Assurance.

1. Performance assurance is required to assure the city that the landscape, required by this section, is properly installed, will become established and be adequately maintained.

2. The required landscape shall be installed prior to the issuance of a temporary certificate of occupancy for the project. The Washington landscape architect, Washington certified nursery professional or Washington certified landscaper shall submit a landscaping declaration to the department to verify installation in accordance with the approved plans.

3. The time limit for compliance may be extended to allow installation of landscaping during the next appropriate planting season as approved by the department if the director determines that a performance assurance device, for a period of not more than one year, will adequately protect the interests of the city. The performance assurance device shall be for one hundred fifty percent of the cost of the work or improvements covered by the assurance device. In no case may the property owner delay performance for more than one year.

4. The form and type of the performance assurance device shall be determined by the director.

H. Maintenance Assurance.

1. The property owner shall replace any unhealthy or dead plant materials in conformance with the approved planting plan.

2. A maintenance assurance device shall be required for a period of three years after acceptance by the city of the new planting or transplanting of vegetation to ensure proper installation, establishment, and maintenance.

3. The maintenance assurance device amount shall not be less than twenty percent of the cost of replacing materials covered by the assurance device.

4. The form and type of the maintenance assurance device shall be determined by the director.

I. Irrigation and Maintenance Requirements.

1. Irrigation systems shall be required in all new landscape areas to assure the proper establishment of and continued growth of landscaping.

2. Temporary irrigation systems are acceptable where soils conditions and plant selection will tolerate the local climate and soil conditions. Temporary systems may be removed after twenty-four months or two growing seasons, whichever occurs first; provided, that the plantings are established.

3. Irrigation water shall be applied with goals of avoiding runoff, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas and impervious surfaces:

a. Considering soil type and infiltration rates; and

b. Using proper irrigation equipment and schedules, including features such as repeat cycles, to closely match application rates with infiltration rates; and

c. Considering special problems posed by irrigation on slopes and in median strips.

J. All new landscape plantings and significant trees and tree stands to be retained shall be maintained to preserve the city’s forested character.

1. All landscaping, significant trees and tree stands shall be maintained for the life of the project.

2. All landscaped areas required by this chapter, significant trees and tree stands, except within critical areas or their protective buffers (defined in Title 18), should be maintained in a healthy growing condition.

3. Landscape areas shall be kept free of trash.

4. All plant material shall be managed by pruning so that plant growth does not conflict with public utilities, restrict pedestrian or vehicular access, or create a traffic hazard.

K. Where landscaping is required, a landscaping plan shall be required consistent with the requirements of this section.

1. All required planting and significant tree and tree stand retention plans shall be clearly legible with a title that includes the project name, owner’s name, designer’s name, date and scale. All items shall be labeled, and north shall be oriented towards the top or left of the plan.

2. All plans must be prepared or approved by a landscape architect licensed by the state of Washington, a Washington certified nursery professional or a Washington certified landscaper.

3. Planting Plan. A planting plan at a scale of no less than one inch equals thirty feet. The proposed landscape planting plan shall show the following:

a. Property lines, easements, rights-of-way, and setbacks, streets and utilities within the subject property; and

b. Existing and proposed grades of at least five-foot intervals; and

c. All new proposed construction and planting and any future construction and planting that is not included in the application; and

d. Location of all existing and proposed buildings, structures and improvements within the property; and

e. A plant list for all proposed new planting delineating quantities, scientific and common names and sizes. Names of plants are to follow current edition of the Hortus Third, A Concise Dictionary of Plants Cultivated in the U.S. and Canada; and sizes of plants are to follow the current edition of the American Standard for Nursery Stock, American Association of Nurserymen (AAN). The planting plan shall specify the following:

i. Tree protection strategies; and

ii. Vegetation clearing strategies; and

iii. Topsoil protection and reuse strategies; and

iv. Native soil amendment strategies; and

v. Planting times and physical limits of construction; and

vi. Areas that require temporary or permanent irrigation.

4. Significant Tree and Tree Stand Retention Plan. The applicant shall submit a tree retention plan, concurrent with applicable permit application, whichever is reviewed and approved first. The tree retention plan may be combined with the planting plan and shall consist of:

a. A tree survey or aerial photograph that represents current site conditions and identifies the location of all significant trees, tree stands and their associated canopies. For detailed site plans and grading applications, the tree survey may be conducted by a method that locates individual significant trees and tree stands, their size(s) and species. These trees shall be marked in the field at the time of permit or approval application and maintained through the construction period; and

b. A development site plan identifying the significant trees and tree stands, as defined in subsection D of this section, which are proposed to be retained. (Ord. 3699 § 1 (Att. B), 2009)

17.40.060 Parking.

Parking facilities shall be provided for all development at the time of erecting new structures or at the time of enlarging, moving or increasing capacity by creating or adding dwelling units, commercial or industrial floor space or seating facilities.

A. General Requirements.

1. Driveways, parking areas, and walkways shall accommodate pedestrians, motor vehicles and bicycles used by occupants or visitors of a structure or use. Location is subject to review of the planning and engineering departments.

2. No building permit shall be issued until the applicant has submitted satisfactory plans demonstrating that required parking facilities will be provided and maintained. These plans must be approved by the city in conjunction with a permit review process and approved by the community development director.

3. All driveways and other parking areas shall be hard surfaced with permanent materials such as asphalt, concrete or unit pavers, and shall be designed to dispose of surface water and pollutants from motor vehicles as provided in the city’s code.

4. Unless otherwise approved by the city, only a single access to public right-of-way is allowed for an individual lot. Joint use of required access ways may be required at the discretion of the city.

5. With the exception of single-family and duplex buildings on individual lots accessing nonarterial streets, access and parking spaces shall be designed so that no backing movement by a vehicle shall be allowed onto a public right-of-way.

6. No parking space may block access to other parking spaces. Tandem parking may be approved for a single residence, individual dwelling units of a multifamily structure or in limited single-tenant office-type applications.

B. Spaces Required.

1. All parking lots shall comply with the minimum requirements for handicapped parking spaces, as required by Washington state regulations related to barrier-free facilities.

2. Table 17.40.060(B) establishes the required number of spaces based on the use. Parking lots may provide an additional ten percent of the established amount when necessary to avoid design issues. Additional spaces above ten percent may be approved through administrative review.

Table 17.40.060(B)
Vehicular Parking Requirements
Residential	2 per unit
Accessory dwelling unit	1 per unit
Dwelling unit in mixed use structure	1 per unit
Retail, commercial and personal services less than 1,000 sf structure	4 spaces and 1 per employee
Retail, commercial and personal services greater than 1,000 sf structure	4 per 1,000 sf (Min) 6 per 1,000 sf (Max)
Industrial	1 per employee 1 per 250 sf office 2 per 1,000 sf GFA
Restaurants	16 per 1,000 sf GFA (Min) 22 per 1,000 sf GFA (Max)
Motels, hotels, bed and breakfast	1 per accommodation 2 for owner/manager
Places of assembly including auditoriums, theaters and banquet rooms	10 spaces/1,000 sf or 1 per 4 seats (Min) 2 per 4 seats (Max)
Elementary, middle or junior high schools	1 per 50 students (Min) 3 per 50 students (Max) and 1 space per employee
High schools	1 per 6 students (Min) 1 per 3 students (Max) plus 1 per employee
Governmental, health care and recreation facilities	As determined by director
Day care	1 space per employee and 0.33 per capacity

3. For uses not specified in Table 17.40.060(B) or for special cases, the required minimum parking amount shall be determined by the community development director. For determination by the director, the applicant shall supply:

a. Documentation regarding actual parking demand for the proposed use; or

b. Technical studies relating the parking need for the proposed use; or

c. Required parking for the proposed use as determined by other comparable jurisdictions.

4. For the town center (CTC) zoning district retail, commercial and personal services shall provide a minimum of two and a maximum of three parking spaces for each one thousand square feet of floor area.

5. For the west Kelso (CWK) zoning district retail, commercial and personal services shall provide a minimum of three and a maximum of four parking spaces for each one thousand square feet of floor area.

6. Subject to approval as part of site plan review, the parking requirement in the town center (CTC) zoning district may be met by contributing into a public or cooperative commercial effort to create new parking in that zone. The amount of the contribution shall be equivalent to that necessary to provide the required number of parking spaces.

7. In the town center (CTC) zoning district, new parking spaces will not be required for additions to existing buildings that are less than twenty-five percent of the existing floor area and less than one thousand square feet. This exception to the parking requirement may be utilized only once per property and does not apply to additions or remodeling for the purpose of adding residential units.

8. The required parking for two or more complementary uses may be reduced up to fifty percent when provided by a common parking lot. The reduction shall be authorized through the issuance of a conditional use permit.

9. Parking Exceptions for Historic Structures. When a change in use within a historic structure would necessitate additional off-street parking, the additional off-street parking may be reduced or waived through administrative review. The applicant shall be required to show the need for a reduction or waiver and shall be the minimum necessary.

10. Existing parking deficits of legally established uses assigned to existing structures shall be allowed to continue even if a change of use occurs; provided, that in the judgment of the community development director the new use would not necessitate more parking spaces than the previous use.

11. All parking facilities, except those serving single-family residences, shall contain bicycle-parking facilities that allow secure locking of both the frame and wheels of a bicycle. One bicycle space shall be provided for every three parking spaces with a minimum of five spaces provided for each parking lot.

C. Location of Parking Facilities.

1. Parking in the town center (CTC) and west Kelso (CWK) zoning districts shall be located behind, to the side or under buildings. Parking shall not be located between a building and the front lot line, unless an applicant can demonstrate that locating parking between a building and the front lot line is the only feasible location.

2. Parking outside of the town center (CTC) and west Kelso (CWK) zoning districts is encouraged to be located behind, under or to the side of buildings.

3. Parking spaces serving dwelling units shall be located on the same lot with the building they serve, or, if approved by the director, within two hundred feet of dwelling unit if consolidated with other spaces on a remote lot.

4. Parking spaces serving nonresidential uses may be consolidated in a remote location as permitted by this title or through Type III review.

D. Design Standards

1. Parking lots shall be designed according to Table 17.40.060(D). Space depth shall be measured exclusive of access drives and aisles, and car overhangs.

Table 17.40.060(D)
Parking Angle	Curb Length	Space Width	Space Depth	Aisle Width (paved surface)	Direction of Travel
0 degrees	20 feet	8.5	N/A	24 feet	Two-way
45 degrees	12 feet	8.5 feet	18 feet	13 feet	One-way
45 degrees	12 feet	8.5 feet	18 feet	24 feet	Two-way
60 degrees	9.8 feet	8.5 feet	18 feet	18 feet	One-way
60 degrees	9.8 feet	8.5 feet	18 feet	24 feet	Two-way
90 degrees	8.5 feet	8.5 feet	18 feet	24 feet	Two-way

2. Parking lots shall have direct access to a street or road easement and shall provide unobstructed access driveways exclusive of the required parking areas.

3. Where parking spaces are designated, grades shall not exceed six percent. Driveways and driving lanes between separate groups of parking shall not exceed fourteen percent. Parking areas on sloping lots shall be laid out so that parked cars lie perpendicular to the slope. Where existing grades on property proposed for a parking lot exceed ten percent, the city may require a topographic survey to show existing and proposed grades. In no case shall grades be less than one-half of one percent.

4. All parking spaces and driving aisles serving adjacent parking spaces, except those serving single-family residences, shall not be located within required front, rear or side yards. This restriction does not include access aisles.

5. The administrative official, through administrative review, may approve reductions of up to fifty percent of the setback requirements and the limits on contiguous parking spaces if major trees are saved and incorporated in the design of circulation and parking. Any reduction approved shall be the minimum reduction necessary to save threatened significant trees.

6. Driveways and parking lots may be provided with lighting that is mounted on poles or building surfaces with lamp position not exceeding twenty feet in height. All light sources shall be hooded or shielded so that the lamp is not visible from adjacent properties or public rights-of-way.

7. Joint Use. The required parking for two or more complementary uses may be reduced up to fifty percent when provided by a common parking lot. All property owners involved shall submit a letter to the community development department agreeing to the joint use of the parking lot. The authorized reduction shall be based on hours of operation of both uses as well as the number of parking spaces required for each use.

8. Exceptions and Adjustments. In cases where an adjustment for a driveway to accommodate a substantial percentage of oversized vehicle traffic exists, the wider commercial driveway width may be approved by the city engineer. In this case the driveway should be sized to accommodate the largest vehicles. Where intersection openings are approved, the width shall be as determined by the city engineer. Upon conditions of approval by the city engineer, driveways on local access streets serving single-family homes may be up to thirty feet in width.

E. Circulation and Walkways in Multifamily and Nonresidential Development.

1. Parking lots and driveways shall provide well-defined, safe and efficient circulation for motor vehicles, bicycles and pedestrians.

2. Landscaped islands with raised curbs shall be used to define entrances from public rights-of-way, define pedestrian walkways from the public rights-of-way to all buildings, define ends of parking aisles and indicate the pattern of circulation.

3. Pedestrian walkways shall be provided around buildings to the extent necessary to assure safe access to the building from parking areas and the public right-of-way. Where appropriate, as determined by the approving body, pedestrian walkways may be required to assure safe access to adjacent properties.

4. Internal walkways shall be surfaced with nonskid hard surfaces, meet accessibility requirements and be designed to provide a minimum of five feet of unobstructed width. Where walkways cross vehicular driving lanes, the walkways shall be constructed of contrasting materials or with maintained painted markings. Walkways shall be curbed and raised six inches above adjacent vehicular surface grade, except where the walkway crosses vehicular driving lanes or is required to meet accessibility standards.

F. When a parking lot or vehicular circulation abuts side or rear yards, except when serving only single-family residences, a sight-obscuring fence or vegetation barrier in accordance with Section 17.40.050 shall be installed within adjacent yards. Fences shall be at least five but not more than six feet in height, and may be planted with climbing ivy or other evergreen vine. In commercial or mixed-use zones, this requirement may be waived as part of the final decision on the permit, upon written agreement from adjoining property owners.

G. Driveways and parking lots may be provided with lighting that is mounted on poles or building surfaces with lamp position not exceeding twenty feet in height. All light sources shall be hooded or shielded so that the lamp is not visible from adjacent properties or public rights-of-way.

H. All parking facilities, except those serving single-family residences, shall contain bicycle-parking facilities that allow secure locking of both the frame and wheels of a bicycle. One bicycle space shall be provided for every ten parking spaces with a minimum of two spaces provided for each parking lot.

I. Parking and loading areas within the LI and GI zones shall comply with the following additional standards:

1. On-street parking or staging of trucks, equipment or goods on public streets is prohibited.

2. Where practicable, primary vehicular access shall avoid streets or easements that primarily serve residential uses.

3. No new curb cuts shall be allowed onto public streets if it is possible for a development to share an access drive with an existing facility.

4. Entrances and exits to and from parking and loading facilities shall be clearly marked with appropriate directional signage where multiple access points are provided.

5. Internal circulation shall be designed for safety and efficiency by reducing conflicts between vehicular and pedestrian traffic, combining circulation and access areas where possible, providing adequate truck maneuvering, stacking, and loading areas and accommodating emergency vehicle access.

6. To reduce noise and visual conflicts with neighboring properties and public streets, loading facilities shall be located internal to the site or where conflict with neighboring properties will be reduced. Loading facilities shall not face nonindustrial properties.

7. Loading docks and doors facing a public street shall be offset from the access drive and shall be screened from the street.

J. Downtown Parking Improvement District. The establishment of a downtown parking improvement district shall exempt those property owners who wish to participate in the improvement district to create additional off-street parking in the downtown area. It is anticipated that the district will help maintain and enhance the unique characteristics and diversity of the downtown area of the city.

1. The boundaries of the downtown parking improvement district shall be indicated on the official zoning map.

2. Those parcels of land/businesses that may be located within the downtown parking improvement district shall be exempt from additional on-site parking requirements, as may be required elsewhere in this code. (Ord. 3699 § 1 (Att. B), 2009)

17.40.065 Road approaches and curb cut standards.

A. Road approaches and curb cuts shall be configured in accordance with the Kelso Engineering Design Manual (KEDM).

B. Sight Triangles for All Uses in All Zones. The corner areas of lots adjacent to street intersections as well as the corner areas adjacent to road approaches and other access easements shall be kept clear of all obstructions, as denoted below.

1. All corner building sites shall maintain a clear triangle at the intersection with the street rights-of-way to assure traffic safety. No building, structure, object or growth over thirty-six inches in height, measured from the mean grade of the intersecting street, shall be allowed within this triangle. The triangle shall be computed as follows: Starting at the apex of the intersecting street rights-of-way, measuring down the triangle legs thirty feet; the base of the triangle shall be found by drawing a straight line connecting the triangle legs. The land inside the triangle shall be regulated for visibility.

2. All other lots not identified as corner lots shall be considered as mid-lots for the purpose of sight line development and regulation. The mid-lot sight line setback area shall be computed as follows: Starting at the intersection of the driveway centerline and the fronting street lot line, measure fifteen feet in opposite directions. From these points draw a straight forty-five-degree line back to the driveway centerline. The land inside the triangle shall be regulated for visibility. No building, structure, object or growth over thirty-six inches in height, as measured from the mean grade of the fronting street, shall be allowed in this triangle. (Ord. 3699 § 1 (Att. B), 2009)

17.40.070 Performance standards.

The following performance standards apply to the principal and accessory uses, buildings and structures in addition to those that are specified for the particular use or district in which they are located.

A. Exterior Mechanical Equipment. Air conditioners, heating, cooling, ventilating, equipment, pumps, heaters and other similar mechanical equipment shall be visually screened from surrounding properties and streets and shall be so operated to not disturb the peace, quiet, and comfort of the neighboring land uses. Solar energy systems need not be screened.

B. Permanent swimming pools having a water depth of twelve inches or more shall meet the following standards:

1. A building permit is required.

2. Shall be surrounded by a fence at least six feet in height. Such fence shall be at least five feet from the edge of the pool. All gates shall be fitted with safety latches on the pool side of the fence only, and such latches shall be at least five feet above the ground.

3. Structures housing filter or heating equipment shall be located in conformity with the regulations pertaining to accessory buildings within which use district the swimming pool is located.

4. All electrical equipment and connections shall be attached and enclosed in a manner consistent with the currently adopted version of the National Electrical Code.

5. Private pools shall not be located forward of the front of any residence.

C. Accessory Structures. All accessory buildings shall be of a design, height and construction that is in harmony with the primary structure.

D. All nonresidential uses shall conform to the performance standards of this section. Any use, activity, or operation shall not violate existing state and federal environmental standards. It shall be the responsibility of the operator and/or the proprietor of any allowed use to provide such reasonable evidence and technical data as the director may require to demonstrate that the use or activity is or will be in compliance with the environmental performance standards. Failure of the director to require such information shall not be construed as relieving the operator and/or proprietor from compliance with the environmental performance standards of this code.

1. Noise.

a. No use in this district shall exceed the maximum environmental noise level, established by Chapter 173-60 WAC.

b. Noise levels of any sound source, when measured in the manner and locations prescribed in Chapter 173-60 WAC, shall not exceed the levels shown in the following table:


EDNA of Noise Source	EDNA of Receiving Property
EDNA of Noise Source	Class A	Class B	Class C
Class A—Residential	55 dBA	57 dBA	60 dBA
Class B—Commercial	57 dBA	60 dBA	65 dBA
Class C—Industrial	60 dBA	65 dBA	70 dBA

c. Between the hours of 10:00 p.m. and 7:00 a.m., the noise limitations of the foregoing table shall be reduced by ten dBA for receiving property within Class A EDNAs.

d. At any hour of the day or night, the applicable noise limitations in subsections D1a and b of this section may be exceeded for any receiving property by no more than:

i. Five dBA for a total of fifteen minutes in any one-hour period; or

ii. Ten dBA for a total of five minutes in any one-hour period; or

iii. Fifteen dBA for a total of one and one-half minutes in any one-hour period.

2. Light and Glare. Exterior lighting for all uses and signs shall be directed downward and otherwise arranged, shaded, screened, shielded, and of a design that results in the light being directed onto the site and of an intensity or brightness that does not reflect or cause glare onto any adjacent or nearby use or interfere with the safe operation of motor vehicles.

3. Ground Vibrations. No ground vibration other than that caused by highway vehicles or construction activity shall be permitted which is discernible, without instruments, at or beyond the property line for the use concerned.

4. Waste Storage and Disposal, Including Hazardous Waste. The storage or disposal of industrial waste shall be in compliance with the regulations and requirements of the Cowlitz County health district, the State Department of Ecology, and Chapter 70.105 RCW as amended, and this code.

5. Air Quality Emissions. No use in this district shall produce emissions of smoke, dust and/or odors beyond the property boundary that may unreasonably interfere with any other property owner’s use and enjoyment of his/her property. In addition, all sources and emissions units are required to meet the emission and the ambient air quality standards specified in Chapter 173-400 WAC, and administered by the Southwest Washington Air Pollution Control Authority (SWAPCA), and shall apply to all air contaminants listed therein.

6. Ground and Soil Contamination. Materials used or produced in any manufacturing process shall be handled in such a manner as to prevent ground or soil pollution which destroys or endangers the support of natural vegetation or which may contaminate underground aquifers, or other natural drainage systems.

7. Electrical Interference. Provisions must be made for necessary shielding or other preventive measures against interference caused by mechanical, electrical, or nuclear equipment uses or processes with electrical apparatus in nearby buildings or use areas.

8. Fire and Explosive Hazards. The manufacture, use, processing or storage of flammable liquids or materials, liquids or gases that produce flammable or explosive vapors or gases shall be permitted in accordance with the regulations of the adopted International Fire Code and the International Building Code. A hazardous materials impact analysis, conforming to the requirements of the Cowlitz 2 Fire District, shall be required to determine potential off-site impacts and mitigation precautions.

9. Employee Break Area. All manufacturing uses located in either the ILM or IGM zones shall provide a covered outdoor area for employee breaks. The break area shall be ten square feet per shift employee or a minimum of one hundred square feet, whichever is greater.

10. Vending Machines/Newspaper Racks.

a. There shall be no exterior vending machines such as soft drink dispensers, ice cube freezers, and the like. Newspaper racks are acceptable if they are designed to be integrated with the design of the structure.

b. Trash receptacles shall be placed at the entrances to any building containing formula take-out food restaurants, and shall be maintained by those businesses. Exterior receptacles shall not exhibit logos, company colors/contours, or advertising.

E. Temporary Buildings Permitted. No temporary or mobile structure can remain on a commercially zoned site for more than thirty days, except temporary buildings approved in the administrative use process or temporary construction offices which can remain on a construction site for the term of the construction work or one year, whichever is shorter, unless extended as a conditional use to accommodate a longer construction period.

F. Recreational and Utility Vehicles. Recreational and utility vehicles are defined as travel trailers, folding tent trailers, motor homes, truck campers, horse trailers, boat trailers with or without boats, other recreation trailers, and utility trailers, boats, motorcycles, snowmobiles, and other motorized recreation vehicles. Recreation and utility vehicles may be parked in residential areas provided the following conditions are met:

1. Recreation and utility vehicles shall not intrude into the public right-of-way or obstruct sight visibility from adjacent driveways.

2. Recreational and utility vehicles shall not be parked in the front building setback unless there is not reasonable access to the building side or rear yards because of topography or other physical conditions on the site. When permitted not more than one recreational or utility vehicle shall be parked in the front setback.

3. No more than three recreational and utility vehicles may be stored outside on any one lot or parcel.

4. Recreational utility vehicles shall be maintained in a clean, well-kept state which does not detract from the appearance of the surrounding area.

5. Recreational and utility vehicles equipped with liquefied petroleum gas containers shall meet the standards of the Interstate Commerce Commission. Valves or gas containers shall be closed when the vehicle is stored.

6. At no time shall parked or stored recreational or utility vehicles be occupied or used as a permanent or temporary dwelling unit except that guests who travel with a recreational vehicles may reside in the vehicle on the host’s premises on temporary basis not to exceed thirty days during any three-hundred-sixty-five-day period. (Ord. 3699 § 1 (Att. B), 2009)

17.40.080 Zero lot line development.

A. Purpose. Zero lot line development for single-family dwellings may be permitted in order to: promote efficient land use, permit a more energy efficient arrangement of structures, protect environmentally sensitive areas or provide more usable private or community open space.

B. Review Required. Zero lot line development in subdivisions and short subdivisions approved after the effective date of the ordinance codified in this title may be approved by Type II review. Zero lot line development may also be approved on lots created before the effective date of the ordinance codified in this title by Type III review. A detailed site plan shall be prepared for all zero lot line development applications.

C. Development Standards. All zero lot line developments shall comply with the standards of Table 17.40.020, the provisions of this title and the following requirements; provided, that where the standards included in this title conflict with the standards established in other sections of this title, the standards in this title shall apply:

1. Dwelling Unit Setbacks.

a. Interior Side Yard Setback Standard. The dwelling unit may be placed on one interior side property line (a zero setback). The setback standard from the other side property line shall be ten feet. No structures except for patios, pools, fences, walls and other similar elements are permitted within the required setback area.

b. Rear Yard Setback Standard. The rear yard setback standard is ten feet.

c. Front and Street-Side Setback Standards. Front and street-side setback standards shall be those shown on Table 17.40.020.

2. Attached Units. Units using common wall construction may be allowed as an alternative to the provisions in subsection C1 of this section, provided the setback for the property lines opposite the common wall shall be ten feet for both lots.

3. Accessory Building Setback. Accessory buildings and structures shall observe the setback requirements for the main dwelling unit.

4. Maximum Lot Coverage. The total lot coverage on a lot shall not exceed the district requirements established in Table 17.40.020.

5. Platting Requirements. Each dwelling shall be located on its own individual platted lot. The plat shall show the zero lot lines and the related easements.

6. Openings Prohibited on the Zero Lot Line Side. In order to maintain privacy, there shall be no windows, doors, air conditioning units or any other type of openings in the wall along the zero lot line, except when such a wall abuts permanent open spaces or a public or private right-of-way.

7. Maintenance and Drainage Easements. A perpetual maintenance, eave overhang and drainage easement at least five feet wide shall be provided on the lot adjacent to the zero lot line property line, which, with the exception of walls and/or fences, shall be kept clear of structures. This easement shall be shown on the plat and incorporated into each deed transferring title on the property. The wall shall be maintained in its original color and treatment unless otherwise agreed to in writing by the two affected lot owners. Eaves, but no other part of any structure, may protrude across a side lot line, and such protrusion shall not exceed eighteen inches. Water runoff from the dwelling placed on the lot is limited to the easement area. (Ord. 3699 § 1 (Att. B), 2009)