Chapter 18.44
ALLOWED USES
Sections:
18.44.020 Classification of uses.
18.44.080 Amusement and recreation uses.
18.44.100 Transportation and infrastructure uses.
18.44.010 Use schedule.
The use schedule establishes the principal, accessory, and temporary uses allowed in each zone. The definitions and standards for each use are established in Sections 18.44.030 through 18.44.120 and referenced in the table. Additional uses may be allowed in a zone as part of an allowed development option as specified in Division 6 of this title, Subdivisions and Platting. The permit required for each allowed use is designated using the following symbols:
A. “Y” denotes an allowed use that does not require a use permit. Physical development permits are still required as applicable.
B. “A” denotes an allowed use that requires an administrative use permit to be obtained pursuant to Section 18.20.030.
C. “C” denotes an allowed use that requires a conditional use permit to be obtained pursuant to Section 18.20.040. A conditional use is generally compatible with the character of a zone but requires individual review of its configuration, density, and intensity in order to mitigate effects that may be adverse to the desired character of the zone.
D. “PF” denotes an allowed use that requires a public facilities use permit to be obtained pursuant to Section 18.20.060. Public facilities uses are inherently incompatible with the character of the zone, but essential to the community; therefore, some provision must be made for their existence and operation. Public facilities uses require specified locations due to common neighborhood opposition. These locations must be determined by a comprehensive community-wide selection process designed to identify locations that best serve the special use while minimizing the negative impacts and obtrusiveness. Public facilities uses also require individual review of their configuration, density, and intensity in order to mitigate effects that are adverse to the desired character of the zone. As a use, essential public facilities are treated as listed or substantially similar to listed use types, but may require a public facilities use permit even when another permit type is listed.
|
USE SCHEDULE Key: Y = Use allowed without use permit A = Administrative Use Permit required C = Conditional Use Permit required PF = Public Facilities Use Permit required -- = Use not allowed * = Use legally established prior to October 9, 2012, considered a conforming use. No new uses allowed in the zone. |
|||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
|
Use Category |
Residential Zones |
Nonresidential Zones |
Special Purpose Zones |
Def/Stds |
|||||||
|
Specific Use |
EN |
R 6-8 |
R 8-25 |
CC |
SC |
HC |
IND |
FRL |
P/PF |
T/OS /P |
|
|
Open Space Uses |
|
|
|
||||||||
|
Forestry |
-- |
-- |
-- |
-- |
-- |
-- |
-- |
Y |
-- |
-- |
18.44.030(B) |
|
Agriculture |
-- |
-- |
-- |
-- |
-- |
-- |
-- |
Y |
-- |
-- |
18.44.030(C) |
|
Residential Uses |
|
|
|
||||||||
|
Detached Single-Family Unit |
Y |
Y |
Y |
-- |
Y* |
-- |
-- |
Y |
-- |
-- |
18.44.040(B) |
|
Attached Single-Family Unit |
-- |
Y |
Y |
A |
A |
A |
-- |
-- |
-- |
-- |
18.44.040(C) |
|
Apartment |
-- |
Y |
Y |
A |
A |
A |
-- |
-- |
-- |
-- |
18.44.040(D) |
|
Group Home |
-- |
C |
A |
A |
A |
A |
-- |
-- |
-- |
-- |
18.44.040(E) |
|
Correctional Group Home |
-- |
-- |
-- |
-- |
-- |
-- |
-- |
-- |
PF |
-- |
18.44.040(F) |
|
Lodging Uses |
|
|
|
||||||||
|
Conventional Lodging |
-- |
-- |
-- |
Y |
Y |
Y |
-- |
-- |
-- |
-- |
18.44.050(B) |
|
Campground |
-- |
-- |
-- |
-- |
-- |
-- |
-- |
-- |
C |
C |
18.44.050(C) |
|
Institutional Uses |
|
|
|
||||||||
|
Assembly |
C |
C |
C |
C |
A |
C |
-- |
-- |
C |
-- |
18.44.060(B) |
|
Day Care Center |
-- |
C |
C |
C |
Y |
Y |
-- |
-- |
C |
-- |
18.44.060(C) |
|
School |
-- |
C |
C |
C |
C |
C |
-- |
-- |
C |
-- |
18.44.060(D) |
|
Emergency Services |
-- |
C |
C |
C |
A |
A |
Y |
-- |
C |
-- |
18.44.060(E) |
|
Commercial Uses |
|
|
|
||||||||
|
Office |
-- |
-- |
-- |
Y |
Y |
Y |
-- |
-- |
-- |
-- |
18.44.070(B) |
|
Retail |
-- |
-- |
-- |
Y |
Y |
Y |
-- |
-- |
-- |
-- |
18.44.070(C) |
|
Service |
-- |
-- |
-- |
Y |
Y |
Y |
-- |
-- |
-- |
-- |
18.44.070(D) |
|
Restaurant/Bar |
-- |
-- |
-- |
A |
A |
Y |
-- |
-- |
-- |
-- |
18.44.070(E) |
|
Mobile Food Vendor |
-- |
-- |
-- |
Y |
Y |
Y |
Y |
-- |
A |
A |
18.44.070(F) |
|
Heavy Retail/Service |
-- |
-- |
-- |
C |
A |
Y |
Y |
-- |
-- |
-- |
18.44.070(G) |
|
Storage |
-- |
-- |
-- |
-- |
A |
-- |
A |
-- |
-- |
-- |
18.44.070(H) |
|
Nursery |
-- |
-- |
-- |
-- |
Y |
Y |
Y |
Y |
-- |
-- |
18.44.070(I) |
|
Battery Exchange Station |
-- |
-- |
-- |
C |
Y |
Y |
-- |
-- |
-- |
-- |
18.44.070(J) |
|
Sexually Oriented Business |
-- |
-- |
-- |
-- |
-- |
-- |
C |
-- |
-- |
-- |
18.44.070(K) |
|
Amusement and Recreation |
|
|
|
||||||||
|
Amusement |
-- |
-- |
-- |
A |
A |
A |
-- |
-- |
C |
C |
18.44.080(B) |
|
Outdoor Recreation |
Y |
Y |
Y |
Y |
Y |
Y |
-- |
-- |
Y |
Y |
18.44.080(C) |
|
Developed Recreation |
C |
C |
C |
A |
A |
A |
-- |
-- |
A |
A |
18.44.080(D) |
|
Industrial Uses |
|
|
|
||||||||
|
Craft Food Production |
-- |
-- |
-- |
A |
A |
A |
Y |
-- |
-- |
-- |
18.44.090(B) |
|
Light Industry |
-- |
-- |
-- |
C |
C |
A |
Y |
-- |
-- |
-- |
18.44.090(C) |
|
Heavy Industry |
-- |
-- |
-- |
-- |
-- |
-- |
C |
-- |
-- |
-- |
18.44.090(D) |
|
Disposal |
-- |
-- |
-- |
-- |
-- |
-- |
PF |
-- |
PF |
-- |
18.44.090(E) |
|
Landscape Supply Yard |
-- |
-- |
-- |
-- |
-- |
-- |
Y |
-- |
-- |
-- |
18.44.090(F) |
|
Transportation and Infrastructure Uses |
|
|
|
||||||||
|
Parking |
-- |
C |
C |
C |
C |
C |
C |
-- |
C |
-- |
18.44.100(B) |
|
Utility Facility |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
18.44.100(C) |
|
Sewer Facility |
-- |
-- |
-- |
-- |
-- |
-- |
PF |
-- |
PF |
-- |
18.44.100(D) |
|
Wireless Telecommunications Facility |
A/C |
A/C |
A/C |
A/C |
A/C |
A/C |
A/C |
A/C |
A/C |
A/C |
18.44.100(E) |
|
Accessory Uses |
|
|
|
||||||||
|
Accessory Dwelling Unit |
A |
A |
A |
A |
A |
A |
-- |
A |
-- |
-- |
18.44.110(B) |
|
Bed and Breakfast |
A |
A |
A |
Y |
Y |
Y |
Y |
-- |
-- |
-- |
18.44.110(C) |
|
Home Occupation |
A |
A |
A |
A |
A |
A |
-- |
-- |
-- |
-- |
18.44.110(D) |
|
Home Business |
C |
C |
C |
C |
C |
C |
-- |
-- |
-- |
-- |
18.44.110(E) |
|
Drive-Up Facility |
-- |
-- |
-- |
C |
A |
A |
A |
-- |
-- |
-- |
18.44.110(F) |
|
Home Day Care |
Y |
Y |
Y |
Y |
Y |
Y |
-- |
-- |
-- |
-- |
18.44.110(G) |
|
Battery Charging Station |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
18.44.110(H) |
|
Temporary Uses |
|
|
|
||||||||
|
Yard Sale |
Y |
Y |
Y |
Y |
Y |
Y |
-- |
Y |
-- |
-- |
18.44.120(B) |
|
Christmas Tree Sales |
-- |
-- |
-- |
Y |
Y |
Y |
Y |
Y |
-- |
-- |
18.44.120(C) |
|
Farm Stand |
Y |
Y |
Y |
Y |
Y |
Y |
-- |
Y |
-- |
-- |
18.44.120(D) |
|
Temporary Real Estate Sales Office |
A |
A |
A |
A |
A |
A |
A |
-- |
-- |
-- |
18.44.120(E) |
|
Temporary Shelter |
A |
A |
A |
A |
A |
A |
A |
A |
A |
A |
18.44.120(F) |
|
Temporary Gravel Processing |
A |
A |
A |
A |
A |
A |
A |
A |
A |
A |
18.44.120(G) |
(Ord. 689 § 3, 2020; Ord. 665 § 31 (part), 2017)
18.44.020 Classification of uses.
A. Definition of Use. “Use” means the purpose or activity for which land or buildings are designed, arranged, intended, divided, or occupied, maintained, rented, or leased, and includes any manner of performance of such activity with respect to the performance standards of these development standards. A use often involves the placement of structures or facilities for industry, commerce, habitation, or recreation.
B. Classification of Uses.
1. Principal Use. A “principal use” is a use that may exist as the sole use of the property. More than one principal use may exist on a property. A principal use includes all incidental uses. Principal uses are organized into ten (10) categories:
a. Open Space Uses (Section 18.44.030).
b. Residential Uses (Section 18.44.040).
c. Lodging Uses (Section 18.44.050).
d. Institutional Uses (Section 18.44.060).
e. Commercial Uses (Section 18.44.070).
f. Amusement and Recreation Uses (Section 18.44.080).
g. Industrial Uses (Section 18.44.090).
h. Transportation and Infrastructure Uses (Section 18.44.100).
i. Accessory Uses (Section 18.44.110).
j. Temporary Uses (Section 18.44.120).
2. Incidental Use. An “incidental use” is a use that is commonly integrated into the operation of a principal use, even if the incidental use would be classified as a different use if it were separated.
3. Accessory Use. An “accessory use” is a use that constitutes a minority of the use or character of the property and is secondary and subordinate to another use of the same property, but which is not an incidental use.
4. Primary Use. A “primary use” is a use to which an accessory use is secondary and subordinate.
5. Temporary Use. A “temporary use” is a use established for a fixed period of time.
C. Multiple Uses. Each use listed as a separate row in the use schedule requires a permit unless the use is incidental to a permitted use or the use is exempt from a permit.
D. Use Not Listed. If a use is not listed as a use in a zone, it must be considered to be a prohibited use. The community development director is authorized to make an interpretation pursuant to Section 18.20.020 to determine if a use not listed in this title is allowed or prohibited. If the community development director determines that a use is allowed, the community development director must also determine the zone(s) in which the use may be permitted and the type(s) of use permit required. (Ord. 665 § 31 (part), 2017)
18.44.030 Open space uses.
A. All Open Space Uses.
1. Definition. An “open space use” is the enjoyment or maintenance of land that occurs predominantly outside of any structure.
B. Forestry.
1. Definition. “Forestry” is the commercial harvesting of forest products, and scientific research related to management of forestlands.
a. Includes:
i. Timber harvesting;
ii. Gathering of forest products (for example: bark, berries, mushrooms);
iii. Silviculture.
C. Agriculture.
1. Definition. “Agriculture” is the farming or ranching of land.
a. Includes:
i. Cultivation of the soil;
ii. Production of forage or crops;
iii. Growing of ornamental or landscaping plants;
iv. Greenhouses;
v. Rearing, feeding, and management of livestock. (Ord. 665 § 31 (part), 2017)
18.44.040 Residential uses.
A. All Residential Uses.
1. Definition. A “residential use” is a living facility that includes permanent provision for living, sleeping, eating, cooking, and sanitation.
B. Detached Single-Family Unit.
1. Definition. A “detached single-family unit” is a single residential unit occupied by not more than one family having no roof, wall, or floor in common with any other residential unit or nonresidential unit, except as modified below.
a. Includes:
i. Single-family units attached to accessory dwelling units;
ii. Detached townhouse units;
iii. Individual manufactured homes and modular homes when sited on a permanent foundation in accordance with Rainier’s building code.
b. Does not include:
i. Mobile homes;
ii. Individual manufactured homes and modular homes when not sited on a permanent foundation;
iii. Recreational vehicles.
2. Standards.
a. A detached single-family unit must be at least fourteen (14) feet in width at the narrowest point of its first story.
b. Each entrance door of a detached single-family unit must have a finished porch or deck.
c. If the detached single-family unit is a manufactured home, the following standards apply:
i. The manufactured home must be no more than ten (10) years old on the date of installation; and
ii. Proof of title elimination must be provided prior to building occupancy.
C. Attached Single-Family Unit.
1. Definition. An “attached single-family unit” is a residential unit occupied by not more than one family, which is connected to at least one other dwelling unit or nonresidential unit by one or more common walls.
a. Includes:
i. Attached townhouse units;
ii. Condominiums.
b. Does not include:
i. Apartments;
ii. Single-family units attached to accessory dwelling units.
D. Apartment.
1. Definition. An “apartment” is a single-family unit that cannot be owned as a separate, single unit.
a. Does not include:
i. Townhouse;
ii. Condominium;
iii. Accessory dwelling unit.
E. Group Home.
1. Definition. A “group home” is a residential unit occupied by more than six unrelated individuals, which typically offers shelter, medical and mental health services, and other care-related services to residents.
a. Includes:
i. Nursing homes and assisted living facilities;
ii. Group living facilities with related sheltered care facilities;
iii. Residential facilities for the developmentally disabled including on-site training facilities;
iv. Dormitories.
b. Does not include:
i. Correctional group home.
F. Correctional Group Home.
1. Definition. “Correctional group home” means publicly or privately operated living accommodations for adults and juveniles under the jurisdiction of the criminal justice system.
a. Includes:
i. State-licensed group care homes or halfway houses for individuals that provide residence in lieu of incarceration.
ii. Halfway houses providing residence to individuals needing correction or for individuals selected to participate in state-operated work release and prerelease programs.
iii. Group homes for individuals who have been convicted of a violent crime against a person or a crime against property with a sexual motivation and charged or convicted as a sexual or assaultive violent predator.
2. Standards.
a. Separation.
i. A correctional group home must be located a minimum of six hundred (600) feet from all other correctional group homes.
ii. Correctional group homes must also be located a minimum of one thousand (1,000) feet from the following:
1. Schools, both public and private;
2. Parks and playgrounds; and
3. Day care centers.
b. Registration and Licensing. Group homes must obtain all licenses necessary for operation by state and federal agencies. (Ord. 665 § 31 (part), 2017)
18.44.050 Lodging uses.
A. All Lodging Uses.
1. Definition. A “lodging use” is a sleeping unit or residential unit rented such that occupancy is limited to less than thirty-one (31) days.
B. Conventional Lodging.
1. Definition. “Conventional lodging use” is any lodging use other than those specifically defined elsewhere in this section.
a. Includes:
i. Hotels;
ii. Motels;
iii. Boutique hotels and inns.
b. Does not include:
i. Short-term rental units;
ii. Campgrounds;
iii. Bed and breakfasts.
C. Campground.
1. Definition. A “campground” is an establishment providing campsites for accommodations such as tents, recreational vehicles, campers, or trailers that are brought to the campground for overnight or short-term use.
a. Includes:
i. Recreational vehicle (RV) parks;
b. Does not include:
i. Mobile home parks.
2. Standards.
a. Permanent Structures. A campground may have permanent structures that are solely for the occupants of the campground, including a management office, laundry facilities, storage facilities, sanitary facilities, outdoor or developed recreation facilities such as parks or playgrounds, and other amenities.
b. Campsite. A campground campsite consists of a gravel, paved, or grass area where a recreational vehicle, camper, trailer, or tent is parked or located, and includes associated amenities and parking.
c. Restroom and Shower Facilities. Restroom and shower facilities are required for all campgrounds based on the number of campsites and utility hookups at the campground.
|
Number of Sites |
Toilets |
Lavatories |
Showers |
|||
|---|---|---|---|---|---|---|
|
Men |
Women |
Men |
Women |
Men |
Women |
|
|
30 Full Hookup |
1 |
1 |
1 |
1 |
1 |
1 |
|
15 Partial Hookup or Tent |
1 |
1 |
1 |
1 |
1 |
1 |
d. Occupancy. Campsite occupancy is limited to short-term use of less than thirty-one (31) days in any ninety (90) day period. Campground employees may be permitted to occupy a campsite for longer than thirty-one (31) days.
e. Ownership. Each of the campsites located at a campground must be owned by the same entity that owns the campground. No fractional ownership, timeshares or memberships of campsites is permitted. (Ord. 665 § 31 (part), 2017)
18.44.060 Institutional uses.
A. All Institutional Uses.
1. Definition. An “institutional use” is the provision of a public or semi-public service by a public or private entity.
B. Assembly.
1. Definition. An “assembly use” is an institutional use typically characterized by a public or semi-public gathering area.
a. Includes:
i. Cemeteries;
ii. Churches;
iii. Community centers;
iv. Libraries;
v. Museums;
vi. Hospitals;
vii. Reception halls.
C. Day Care Center.
1. Definition. “Day care center” means the provision of care on a regular basis for a group of children or adults for periods of less than twenty-four (24) hours outside of a home setting, with no limitation as to the number of clients.
a. Does not include:
i. Family home day cares;
ii. Home day cares.
2. Standards.
a. Each day care center must meet all applicable Washington State child care licensing requirements.
D. School.
1. Definition. “School” means public or private primary, secondary, vocational, or higher educational facilities.
E. Emergency Services.
1. Definition. “Emergency services” means the use of a property for police, fire, or emergency medical aid, including private ambulance services. (Ord. 665 § 31 (part), 2017)
18.44.070 Commercial uses.
A. All Commercial Uses.
1. Definition. A “commercial use” is the sale of goods or services.
B. Office.
1. Definition. An “office use” is a professional service or other activity customarily provided in an office environment where appointments are scheduled.
a. Includes:
i. Legal, accounting, investment, and financial services;
ii. Medical, dental, and other health services;
iii. Engineering, architectural, and other design services;
iv. Counseling and social services;
v. Insurance and real estate;
vi. Broadcast studios for television and radio;
vii. Administrative and sales offices for business, industry, and government; provided, that only administrative, bookkeeping, and clerical types of activities are conducted on site.
C. Retail.
1. Definition. “Retail” is the sale of goods.
a. Includes:
i. Retail sale of antiques, apparel and accessories, auto parts, books, sporting goods, hardware, liquor, home furnishings, computers and electronics, and other general specialty merchandise;
ii. Food stores, delis, health food, drug stores, retail bakeries;
iii. Candy and ice cream/yogurt shops.
D. Service.
1. Definition. “Service” is the provision of a service outside of an office environment, in a typically nonscheduled environment.
a. Includes:
i. Banks, savings and loans, and credit unions;
ii. Laundry and dry cleaners, including self-service laundries;
iii. Beauty and barber shops;
iv. Tanning and massage;
v. Repair and maintenance of small appliances, TV and electronics, furniture, garments, shoes and other leather goods, including tack;
vi. Taxidermy;
vii. Mortuary/funeral home;
viii. Pet grooming, kennels and veterinary services, with indoor runs only.
E. Restaurant/Bar.
1. Definition. A “restaurant” or “bar” is an establishment oriented to the serving of food and/or beverages.
F. Mobile Food Vendor.
1. Definition. A “mobile food vendor” is a food establishment that is readily movable.
a. Includes:
i. Food trucks;
ii. Pushcarts;
iii. Trailers hauled by a licensed vehicle.
G. Heavy Retail/Service.
1. Definition. “Heavy retail/service uses” are retail or service uses that are of a greater intensity and impact than other retail or service uses and may include outdoor storage areas.
a. Includes:
i. Retail sales of lumber and building supplies and materials;
ii. Retail sales of fuels, including gasoline service stations;
iii. Feed and seed outlets;
iv. Rental and servicing of light motorized and nonmotorized tools and equipment;
v. Motorized vehicle rental, sales, service, and repair;
vi. Farm implement supplies, sales and repair;
vii. Car washes;
viii. Veterinary and other pet and livestock services;
ix. Kennels and pet breeders;
x. Landscaping services.
H. Storage.
1. Definition. “Storage” means a business engaged in the storage of items for personal and business use.
a. Includes:
i. Mini-warehousing;
ii. Vehicle and boat storage yards.
b. Does not include:
i. Vehicle impound lots.
2. Standards.
a. Business activities other than rental of storage spaces are prohibited.
b. Indoor/outdoor storage areas are limited to no more than forty thousand (40,000) square feet.
c. All buildings must be sited on a permanent foundation in accordance with Rainier’s building code.
d. Each building must be a minimum of four hundred (400) square feet in size. The community development director or designee may waive this requirement when, due to the site’s topography or shape, a building less than four hundred (400) square feet is logically justified.
I. Nursery.
1. Definition. “Nursery” means an establishment primarily engaged in the retail or wholesale sale of horticultural specialties such as flowers, shrubs and trees, intended for ornamental or landscaping purposes.
J. Battery Exchange Station (RCW 79.13.110).
1. Definition. A “battery exchange station” is a fully automated facility that enables an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process.
2. Standards.
a. Categorical Exemption from the State Environmental Policy Act. Pursuant to RCW 43.21C.410, applications for battery exchange stations are categorically exempt from review under the State Environmental Policy Act subject to the provisions in RCW 43.21C.110.
K. Sexually Oriented Business.
1. Definition. A “sexually oriented business” is a use that includes as a primary part of its business any one or more of the following: an adult entertainment facility; adult-oriented merchandise; adult retail use; panoram; or similar facility, merchandise, or entertainment.
a. Includes:
i. Adult Entertainment Facility. “Adult entertainment facility” means any establishment where the business or activity of the facility includes the following:
(A) Any exhibition, performance, dance or conduct of any type conducted in a premises where such exhibition, performance, or dance involves a person who is unclothed or in such costume, attire, or clothing as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
(B) Any exhibition, performance, dance or conduct of any type conducted in a premises where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to the following specified sexual activities:
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse or sodomy;
(3) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast; or
(4) Any exhibition, performance, dance or conduct which is intended to sexually stimulate any member of the public and which is conducted on a regular basis or as a substantial part of the activities in these premises. This includes, but is not limited to, any such exhibition, performance, dance or conduct performed for, arranged with or engaged in with fewer than all members of the public on the premises at that time, for which payment is made, either directly or indirectly, for such performance, exhibition, dance or conduct and which is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing, or similar types of performances, exhibitions, dances or conduct.
For the purposes of this title, adult entertainment activities do not include the following: plays, operas, musicals, or other dramatic works that are not obscene; classes, seminars and lectures which are held for serious scientific or educational purposes and which are not obscene; or exhibitions, performances, expressions or dances that are not obscene. These exemptions shall not apply to the sexual conduct described in RCW 7.48A.010(2)(b)(ii) and (iii).
ii. Adult-Oriented Merchandise. “Adult-oriented merchandise” means any goods, products, commodities, or other wares, including, but not limited to, videos, CD-ROMs, DVDs, magazines, books, pamphlets, posters, cards, periodicals or nonclothing novelties, which depict, describe or simulate specified anatomical areas or specified sexual activities.
iii. Adult Retail Use. “Adult retail use” means a retail establishment which, for money or any other form of consideration, either:
(A) Has, as a primary part of its business, the purpose or function of selling, exchanging, renting, loaning, trading, transferring, and/or providing for viewing or use, off the premises, any adult-oriented merchandise; or
(B) Provides for, as its substantial stock in trade, the sale, exchange, rental, loan, trade, transfer, and/or provides for viewing or use, off the premises, of any adult-oriented merchandise.
For the purposes of this subsection, a primary part of a business includes, but is not limited to, instances where a business provides or has advertising displays, merchandise, or product information reasonably visible to customers and other persons within the business facilities that shows, displays, or otherwise depicts adult-oriented merchandise or other sexually oriented business activities; provided, however, that it shall not be considered a primary part of a business if such display, merchandise, or product information is only reasonably visible from within a limited portion of the business facility screened from general view, taking up not more than twenty percent (20%) of the customer floor space, and where the access to the limited portion can be controlled to prevent accidental or incidental viewing of the display, merchandise, or product information by customers and other persons outside the limited portion of the business facilities.
Also, for the purposes of this subsection, a substantial stock in trade refers to, but is not limited to, instances where fifty percent (50%) or more of the revenue generated by the business is derived from the sale, exchange, rental, loan, trade, transfer, and/or provision of adult-oriented merchandise; fifty percent (50%) or more of the inventory of the business is adult-oriented merchandise; or fifty percent (50%) or more of the customers of the business buy, exchange, rent, borrow, trade, transfer, and/or shop for adult-oriented merchandise in or from the business.
iv. Panoram. “Panoram” means any device which, for payment of a fee, membership fee, or other charge, is used to view, exhibit, or display a film, videotape, or videodisc. All such devices are denominated in this chapter by the terms “panoram” or “panoram device.” The terms “panoram” and “panoram device” as used in this chapter do not include games which employ pictures, views, or video displays; or state-regulated gambling devices.
b. Additional Definitions. The following definitions apply throughout this title unless the context clearly requires otherwise:
i. Sensitive Receptor Areas. “Sensitive receptor area” means those uses, areas, and zoning designations where children are likely to congregate.
Example: Sensitive receptor areas include residentially zoned property, residential uses; land owned by preschool, primary, and secondary schools; child day care centers and community youth centers; religious assembly uses; bus stops; and public parks or open spaces where children are likely to congregate.
ii. Specified Anatomical Areas. “Specified anatomical areas” means any of the following:
(A) Less than completely and opaquely covered human genitals, anus, pubic region, buttock, or female breast below a point immediately above the top of the areola; or
(B) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
iii. Specified Sexual Activities. “Specified sexual activities” means any of the following:
(A) Human genitals in a state of sexual stimulation or arousal; or
(B) Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; or
(C) Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts, whether clothed or unclothed, of oneself or of one person by another; or
(D) Excretory functions as part of or in connection with any of the activities set forth in this subsection.
2. Standards.
a. Location. Sexually oriented businesses must be located at least two hundred (200) feet from sensitive receptor areas and five hundred (500) feet from any other sexually oriented business. Distances are measured as a straight line between the edge or corner of the property on which the use or sensitive receptor area is located to the nearest edge or corner of the property of a sexually oriented business.
b. Floor Area. The maximum floor area of sexually oriented businesses shall be five thousand (5,000) square feet. (Ord. 689 § 4, 2020; Ord. 665 § 31 (part), 2017)
18.44.080 Amusement and recreation uses.
A. All Amusement and Recreation Uses.
1. Definition. An “amusement and recreation use” is the provision of entertainment.
2. Standards.
a. A traffic study may be required to be submitted with the application for a use permit and must address the amusement and recreation use’s probable effect on the traffic volumes of abutting and nearby streets.
B. Amusement.
1. Definition. “Amusement” is the provision of nonrecreation entertainment.
a. Includes:
i. Bowling alleys;
ii. Movie theaters;
iii. Music halls;
iv. Video arcades;
v. Miniature or putt-putt golf course;
vi. Pool and billiard halls;
vii. Shooting arcades.
C. Outdoor Recreation.
1. Definition. “Outdoor recreation” is the use of land for passive or active recreational or athletic purposes that requires minimal permanent physical development relative to the open space.
a. Includes:
i. Parks;
ii. Community gardens;
iii. Arboretums;
iv. Athletic fields not in stadiums.
2. Standards.
a. Outdoor recreation facilities approved as part of a subdivision proposal do not require a use permit, regardless of the zone in which they are proposed.
D. Developed Recreation.
1. Definition. “Developed recreation” is the use of a physical development for active recreation or athletic purposes.
a. Includes:
i. Gymnasiums;
ii. Swimming pools;
iii. Tennis;
iv. Skateboarding;
v. Racetracks;
vi. Rodeos;
vii. Skating rinks;
viii. Racquetball;
ix. Handball courts;
x. Rock climbing practice facilities;
xi. Health and exercise clubs.
2. Standards.
a. Developed recreation facilities approved as part of a subdivision proposal do not require a use permit, regardless of the zone in which they are proposed. (Ord. 665 § 31 (part), 2017)
18.44.090 Industrial uses.
A. All Industrial Uses.
1. Definition. An “industrial use” is the manufacturing, assembly, processing, or wholesale distribution of material.
B. Craft Food Production.
1. Definition. “Craft food production” is an industrial use primarily engaged in small-scale manufacturing of food and beverage products.
a. Includes:
i. Wineries and breweries;
ii. Bakeries, chocolatiers, and creameries.
C. Light Industry.
1. Definition. “Light industry” is an industrial use where items are manufactured, assembled, processed, or distributed for the end consumer.
a. Includes:
i. Sheet metal fabrication and wood work;
ii. Building contractors and special trade contractors such as cabinetry, carpet and flooring, insulation, roofing, mechanical, and plumbing and heating;
iii. Processing and packaging of meat and game;
iv. Wholesale sales and distributors;
v. Welding and machine shops;
vi. Industrial laundries and laundry services;
vii. Food service and distribution;
viii. Cleaning and janitorial service and supply;
ix. Distilleries.
D. Heavy Industry.
1. Definition. “Heavy industry” is an industrial use where items are manufactured, assembled, processed, or distributed for intermediary users or has relatively more impact than a light industry use.
a. Includes:
i. Truck and transport terminals;
ii. Bulk storage and distribution facilities for fuels, explosives, pesticides, solvents, and corrosives;
iii. Disinfecting or pest control services;
iv. Paving, excavation, hauling and other contracting services involving heavy equipment;
v. Maintenance and repair of semis and heavy equipment;
vi. Lumber milling;
vii. Stone, clay, and glass product manufacturing.
E. Disposal.
1. Definition. “Disposal” is an operation dedicated to doing away with material.
a. Includes:
i. Sanitary landfills;
ii. Sludge disposal or storage;
iii. Resource recovery or recycling facilities;
iv. Composting operations of a commercial scale or for commercial purposes;
v. Trash compaction;
vi. Transfer stations.
b. Does not include:
i. Hazardous waste disposal.
F. Landscape Supply Yard.
1. Definition. “Landscape supply yard” means a business primarily engaged in the retail or wholesale distribution of bark, mulch, stone, gravel, soil, compost, manure, and other similar organic and inorganic landscaping materials intended for amending soil, preventing weed growth, retaining soil moisture, or otherwise covering the ground between plantings.
a. Does not include:
i. Agriculture;
ii. Forestry;
iii. Nursery;
iv. Heavy retail/service. (Ord. 689 § 5, 2020; Ord. 665 § 31 (part), 2017)
18.44.100 Transportation and infrastructure uses.
A. All Transportation and Infrastructure Uses.
1. Definition. A “transportation or infrastructure use” is the use of land or water to provide for the movement or storage of vehicles, water, sewage, power, or other utilities.
B. Parking.
1. Definition. “Parking” is the use of a property for parking of motor vehicles that is not ancillary to another use on site.
a. Includes:
i. Surface parking;
ii. Parking structure.
C. Utility Facility.
1. Definition. A “utility facility” is a central component to the provision of a public or semi-public utility that requires a structure.
a. Includes:
i. Substations for electrical, natural gas, and other similar utilities;
ii. Water supply facilities including water tanks and treatment facilities;
iii. Broadcasting towers and dish antennas for radio and TV.
b. Does not include:
i. Residential satellite dishes;
ii. Antennas used for the reception of television broadcast signals;
iii. Transformers;
iv. Junction boxes;
v. Standard underground utilities such as water, sewer, natural gas, power, and telephone lines;
vi. Booster pumps, lift stations, and other small structures appurtenant to standard underground utilities;
vii. Pedestals;
viii. Other appurtenances that do not require a structure.
2. Standards.
a. Utilities listed in subsection (C)(1)(b) of this section do not require a use permit. The physical development associated with them is not required to meet structure or site development setbacks if the physical development is located within an easement or tract designated for the utility proposed.
b. All utility facilities shall be located and designed to minimize negative impacts on natural resources, agricultural operations, and residential development and uses. A landscaping plan designed to screen the utility as viewed from roads and habitable structures must be submitted pursuant to Section 18.48.100, Landscaping.
c. Utility facilities housing equipment shall be designed with as low a profile as possible. If the surrounding uses are residential, the building style shall be compatible with the surrounding land uses.
D. Sewer Facility.
1. Definition. A “sewer facility” is a facility that removes contaminants from wastewater.
a. Includes:
i. Sewage treatment plants and related septic dump facilities, and substations.
b. Does not include:
i. Utility facilities.
2. Standards.
a. All sewer facilities must be located and designed to minimize negative impacts on natural resources, agricultural operations, and residential development and uses.
E. Wireless Telecommunications Facility.
1. Definition. A “wireless telecommunications facility” is a wireless service facility and facilities defined in Title 47, United States Code, Chapter I, Part 24, Section 24.5, including all future amendments.
a. Includes:
i. Facilities for the transmission and reception of radio or microwave signals used for communication, telecommunication, cellular phone personal communications services, enhanced specialized mobile radio;
ii. Any other services licensed by the FCC;
iii. Any other unlicensed wireless services.
b. Does not include:
i. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the Federal Communications Commission (FCC).
ii. Antennas and related equipment, no more than three feet in length, that are being stored, shipped, or displayed for sale.
iii. Facilities used for purposes of public safety, such as, but not limited to, police, hospitals, and the regional 911 system.
iv. Wireless radios utilized for temporary emergency communications during a disaster.
v. Licensed amateur (ham) radio stations.
vi. Satellite dish antennas less than two meters in diameter, including direct-to-home satellite services, that are incidental to a primary use of the property.
vii. Wireless telecommunication facilities that existed on or prior to the adoption of Ordinance 394 on July 28, 1998, and which have not been modified.
viii. Routine maintenance or repair of a wireless telecommunication facility and related equipment (excluding structural work or changes in height or dimensions of antennas, towers, or buildings); provided, that compliance with the standards of this title is maintained.
ix. Subject to compliance with all other applicable standards of this title, a building permit application need not be filed for emergency repair or maintenance of a wireless service facility until thirty (30) days after the completion of such emergency activity.
x. Automated meter reading systems located on utility poles provided:
(A) Antennas are less than eighteen (18) inches from the structure;
(B) Pole-mounted equipment is no more than fourteen (14) inches by twelve (12) inches by twelve (12) inches in size; and
(C) Equipment and antennas are used only by the owner of the utility pole.
2. Purpose. The purpose of this subsection is to address the issues of location and appearance associated with wireless telecommunications facilities. The purpose and intent of this subsection is to:
a. Provide adequate siting opportunities through a range of locations and options;
b. Minimize safety hazards and visual impacts sometimes associated with wireless communications technology;
c. Encourage the siting of facilities on existing buildings or structures and the collocation of several
providers’ facilities on a single-support structure; and
d. Encourage visual mitigation measures that maintain neighborhood appearance and reduce visual clutter in the city.
3. Standards.
a. Required Permits.
i. Administrative Use Permit. An administrative use permit must be obtained prior to placing wireless telecommunications facility antennas on the following existing buildings and structures:
(A) Any tower currently used by a permitted wireless telecommunication facility; provided, that the tower is in full compliance with all terms and conditions of its approval.
(B) City water company water tanks; provided, that only whip or panel antennas mounted on the side of the tank and which do not extend above the top of the tank may be so located.
(C) In Commercial Zones.
(1) Existing nonresidential buildings located within one hundred (100) feet of State Route 507 and Rochester Street. The wireless telecommunications facility must be a microcell or a minor facility.
(2) Existing light standards and power poles located in the ROW that are within one hundred (100) feet of State Route 507 or Rochester Street and do not increase the height of the light standard or power pole. The wireless telecommunications facility must consist of a single whip antenna not to exceed fifteen (15) feet in height or a tubular antenna not to exceed six feet in height.
ii. Conditional Use Permit. The following must obtain a conditional use permit prior to installation:
(A) New freestanding towers, which are only permitted in the industrial and public/public facilities zones.
(B) Repair and maintenance work that is not exempted under subsection (E)(1)(b) of this section.
(C) Expansion and/or alteration of existing wireless telecommunications facilities.
(D) All other wireless telecommunications facilities not meeting the criteria for an administrative use permit.
b. Collocation. The intent of collocation is to encourage several providers to use the same structure to keep the number of wireless telecommunications facility sites to a minimum as a means to reduce the overall visual effects throughout the community. The following procedures are required to further the intent of wireless telecommunications facility collocation:
i. A permit holder shall cooperate with other wireless telecommunications facility providers in collocating additional antenna on support structures and/or on existing buildings, provided said proposed collocates have received a permit for such use at said site from the city. A permit holder shall allow other providers to collocate and share the permitted site, provided such shared use does not give rise to a substantial technical level impairment of the permitted use (as opposed to a competitive conflict or financial burden).
ii. A signed statement indicating that the applicant agrees to allow for the potential collocation of additional wireless telecommunications facility equipment by other providers on the applicant’s structure shall be submitted by the applicant as part of the permit application. If an applicant contends that future collocation is not possible on their structure, they must submit a technical study documenting why.
iii. Wireless telecommunications facilities proposed for collocation on an existing support facility that do not involve an increase in height or expansion may be permitted through an administrative use permit; provided, that the applicant can document that the existing support facility is in full compliance with the conditions of its approval.
c. General Provisions.
i. Not an Essential Public Facility. Wireless telecommunications facilities are not considered essential public facilities as defined in the Growth Management Act and shall not be regulated or permitted as essential public facilities.
ii. FCC Licensing Required. The applicant must demonstrate that it is licensed by the FCC if it is required to be licensed under FCC regulations. The applicant, if not the telecommunications service provider, shall submit proof of lease agreements with an FCC-licensed telecommunications provider if they are required to be licensed by the FCC.
iii. Compliance with Dimensional Limitations. For purposes of determining whether the installation of a wireless telecommunications facility complies with development standards, such as, but not limited to, setback and lot coverage requirements, the dimensions of the entire lot shall control, even though a wireless telecommunications facility is located on a leased parcel within that lot.
iv. Signs Prohibited. No wireless equipment shall be used for the purpose of mounting signs or message displays of any kind.
v. Lighting. Wireless telecommunications facilities shall not be artificially lighted unless required by the Federal Aviation Authority (FAA) or other applicable authority.
vi. Consideration for Visual Effects. The city shall consider the cumulative visual effects of wireless telecommunications facilities mounted on existing structures and/or located on a given permitted site in determining whether the additional permits can be granted so as to not adversely affect the visual character of the city.
vii. Compliance with Design Standards. All wireless telecommunications facility installations shall comply with all relevant provisions of the city of Rainier design standards.
viii. Stealth and Screening.
(A) Stealth. Wireless telecommunications facilities, equipment, and equipment cabinets shall be screened or camouflaged through employing the best available technology. This may be accomplished by use of compatible materials, location, color, stealth technologies such as, but not limited to, artificial trees and hollow flagpoles, and/or other tactics to achieve minimum visibility of the facility as viewed from public streets or residential properties.
(B) Equipment Enclosures. Electronics equipment enclosures shall conform to the following:
(1) Screening of wireless telecommunications facility equipment enclosures shall be provided with one or a combination of the following: underground, fencing, walls, landscaping, structures, or topography which will block the view of the equipment shelter, as much as practicable, from any street and/or adjacent properties. Screening may be located anywhere between the enclosure and the above-mentioned viewpoints. Landscaping for the purposes of screening shall be maintained in a healthy condition; and
(2) No wireless equipment reviewed under this section shall be located within required building setback areas.
ix. Security Fencing. Security fencing, if used, shall conform to the following:
(A) No fence shall exceed six feet in height;
(B) Security fencing shall be effectively screened from view through the use of appropriate landscaping materials; and
(C) Chain-link fences shall be painted or coated with a nonreflective color, and shall have a minimum three-foot-deep area to be planted with approved plant species in a manner that will completely screen the fencing.
x. Electromagnetic Field (EMF) Standards. All wireless telecommunications facilities shall be operated in compliance with the following standards:
(A) The applicant shall comply with federal standards for EMF emissions. Within six months after the issuance of its operational permit, and annually thereafter, the applicant shall submit a project implementation report which provides cumulative field measurements of radio frequency (EMF) power densities of all antennas installed at the subject site. The report shall quantify the EMF emissions and compare the results with established federal standards. Said report shall be subject to review and approval of the city for consistency with the project proposal report and the adopted federal standards. If, on review, the city finds that the wireless telecommunications facility does not meet federal standards, the city may revoke or modify the permit. The applicant shall be given a reasonable time based on the nature of the problem to comply with the federal standards. If the permit is revoked, then the facility shall be removed.
(B) The applicant shall ensure that the wireless telecommunications facility will not cause localized interference with the reception of, but not limited to, area television or radio broadcasts. If upon review of a registered complaint the city finds that the wireless telecommunications facility interferes with such reception, the city may revoke or modify the permit. The applicant shall be given a reasonable time based on the nature of the problem to correct the interference. If the permit is revoked, then the facility shall be removed.
d. Application Requirements. Applications for a wireless telecommunications facility shall be in a form prescribed by the city of Rainier and at a minimum shall contain the following information:
i. Photosimulations of the proposed facility from affected residential properties and public rights-of-way at varying distances.
ii. A site plan clearly indicating the location, type and height of the proposed wireless telecommunications facility, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower, and any other proposed structures. A site elevation and landscaping plan indicating the specific placement of the facility on the site, the location of existing structures, trees, and other significant site features, and a complete description of all measures proposed to camouflage the facility, including the type and location of plant materials used to screen the facility, and the proposed color schemes for the facility and the method of fencing.
iii. A signed statement indicating that:
(A) The applicant and landowner agree they will diligently negotiate in good faith to facilitate collocation of additional wireless service facilities by other providers on the applicant’s structure or within the same site location;
(B) The applicant and/or landlord agree to remove the facility within ninety (90) days after abandonment;
(C) A signed statement from the owner of the site accepting the ultimate responsibility for the removal of abandoned facilities.
iv. Copies of any environmental documents required by any federal agency. These shall include the environmental assessment required by FCC Paragraph 1.1307, or, in the event that an FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment.
v. Evidence of site control.
vi. A current map showing the location and service area of the proposed wireless telecommunications facility, a map showing the locations and service areas of other wireless service facilities operated by the applicant and those proposed by the applicant that are close enough to impact service within the city.
vii. Legal description of the parcel.
viii. The approximate distance between the proposed tower and the nearest residential unit or residentially zoned properties.
ix. A letter signed by the applicant stating the wireless telecommunications facility will comply with all FAA regulations and EIA standards and all other applicable federal, state and local laws and regulations.
x. Certification that the antenna usage will not interfere with other adjacent or neighboring transmission or reception functions.
xi. If the facility is proposed for location in the city right-of-way or other public property, evidence of bonding and insurance in amounts prescribed by the city.
xii. Prepare and submit a copy of an acceptable franchise agreement for those facilities permitted in city right-of-way or other public property that shall be executable prior to completion of final inspection.
xiii. The application shall include documentation demonstrating compliance with the city of Rainier surface water requirements.
xiv. If applicable, the applicant shall include documentation as to how the proposed facility meets the specific requirements of the city of Rainier design guidelines.
xv. Application for a city business license that shall be issued upon approval of the appropriate use permit, and annual renewal thereafter.
e. Fees. It is the policy of the city of Rainier that applicants pay the full cost associated with processing an application.
i. The fees are established for all wireless telecommunications facility applications based on the adopted fee schedule for the required type of application.
ii. In addition to the application fee, the applicant shall reimburse the city for costs of professional engineers and other consultants hired by the city to review and inspect the applicant’s proposal when the city is unable to do so with existing in-house staff. These professional services may include but are not limited to: engineering, technical reviews, legal, planning, environmental review, critical areas review, financial, accounting, soils, mechanical and structural engineering. In the event that a project requires special staff analysis beyond that which is included in the base fee, the applicant shall reimburse the city at the adopted fee schedule staff rate for the staff conducting the review. The city may require the applicant to deposit an amount with the city to cover anticipated costs of retaining professional consultants or performing special staff analysis.
f. Standards for Approval of an Administrative Use Permit. A wireless telecommunications facility that requires administrative use approval must meet the following additional standards:
i. The wireless telecommunications facility consists of a microcell or a minor facility;
ii. The combined antennas and supporting hardware shall not extend more than fifteen (15) feet above the roof structure, or existing light or utility poles. Antennas may be mounted to rooftop appurtenances, provided they do not extend beyond fifteen (15) feet above the roof proper; and
iii. The antennas are mounted on a building, light standard or power pole such that they are located and designed to minimize visual and aesthetic impacts to surrounding land uses and structures and shall, to the greatest extent possible, blend into the existing environment. Panel and parabolic antennas shall be completely screened.
g. Standards for Approval of a Conditional Use Permit. A wireless telecommunications facility that requires conditional use approval must meet the following additional standards:
i. The applicant shall demonstrate that the wireless telecommunications facility tower is the minimum height required to function satisfactorily. No freestanding wireless telecommunications facility shall exceed forty-five (45) feet in height from the natural grade of the site. No freestanding wireless telecommunications facility that is taller than this height shall be approved. Height shall be measured to the top of the antenna(s).
ii. Placement of a freestanding wireless telecommunications facility shall be denied if placement of the antennas, on an existing structure, can meet the applicant’s technical and network location requirements.
iii. Monopoles shall be the only freestanding structures allowed in the city.
iv. A freestanding wireless telecommunications facility, including the support structure and associated electronic equipment, shall comply with all required setbacks of the zoning district in which it is located; except when on a lot adjacent to a residential use or residentially zoned property, then the minimum setback from the property line(s) of the adjacent residential use(s) shall equal the height of the proposed facility.
v. Freestanding wireless telecommunications facilities shall be designed and placed on the site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures so as to use existing site features:
(A) To screen as much of the total wireless telecommunications facility as possible from prevalent views; and/or
(B) As a background so that the total wireless telecommunications facility blends into the background with increased sight distances.
vi. In reviewing the proposed placement of a facility on the site and any associated landscaping, the city may condition the application to supplement existing trees and mature vegetation to more effectively screen the facility.
vii. Support structures, antennas, and any associated hardware shall be painted a nonreflective color or color scheme appropriate to the background against which the wireless telecommunications facility would be viewed from a majority of points within its viewshed. Proposed color or color scheme to be approved by the city.
h. Permit Limitations. Approved permits issued by the city for wireless telecommunications facilities shall be restricted by the following permit limitations:
i. Expiration after Approval. A permit for a wireless telecommunications facility shall expire five years after the effective date of the permit approval. A permittee wishing to continue the use of a specific wireless telecommunications facility at the end of the five-year period must apply for an application to continue that use at least six months prior to its expiration. The renewal application will be under an administrative use permit; provided, that no changes, modifications or additions to the wireless telecommunications facility are proposed or that no new facilities were developed since the date of the original or renewal permit.
ii. Renewal after Approval. Renewal applications that involve any changes, modifications or additions shall be processed as a new conditional use permit application and must conform to the development standards in place at the time the renewal application is deemed to be complete.
iii. Expiration. An approved permit shall be valid for one year from the date of the city’s approval, with opportunity for a six-month extension. If not used within one year, or within the extension period, the permit shall become null and void.
i. Assignment/Sublease. No facility, site or permit may be sold, transferred, assigned or sublet without written notification of and approval by the city. This notification shall include a statement acknowledging and accepting the terms and conditions of all permits issued for the site and/or facility, and:
i. Documentation that the site/facility is currently in full compliance with its permits and applicable city ordinances.
ii. A statement assuring ongoing compliance with all permits and applicable city ordinances.
j. Removal. In instances where a wireless telecommunications facility is to be removed, the removal shall be in accordance with the following procedures:
i. The operator of a wireless telecommunications facility shall notify the city upon the discontinuance of a particular facility. The wireless telecommunications facility shall be removed by the facility owner within ninety (90) days of the date the wireless telecommunications facility is discontinued, it ceases to be operational, the permit is revoked, or if the facility falls into disrepair or is abandoned. Disrepair includes structural features, paint, landscaping, or general lack of maintenance which could result in safety or visual impacts; and
ii. If the provider fails to remove the facility upon ninety (90) days of its discontinued use, the responsibility for removal falls upon the landholder on which the facility has been located. If the landholder fails to remove the facility within ninety (90) additional days, the city may cause the facility to be removed at the owner’s expense. (Ord. 665 § 31 (part), 2017)
18.44.110 Accessory uses.
A. All Accessory Uses.
1. Definition. An “accessory use” is a use that constitutes a minority of the use or character of the property and is secondary and subordinate to another use of the same property, but which is not an incidental use.
2. Standards.
a. An accessory use may only be permitted in association with an active, conforming primary use designated for the accessory use.
b. An accessory use must be abandoned upon abandonment of its primary use.
c. An accessory use shall be subject to all dimensional limitations and other development standards applicable to its primary use unless otherwise provided in this section.
d. A property with an accessory use shall not be subdivided in any way that results in the accessory use being owned separately from its primary use.
B. Accessory Dwelling Unit (ADU).
1. Definition. An “accessory dwelling unit (ADU)” is a dwelling unit that is secondary to a principal use of the property. The intent is that accessory dwelling units provide workforce housing.
a. Includes:
i. Employee apartment;
ii. Caretaker’s quarters;
iii. Mother-in-law suite;
iv. Guesthouse.
2. Primary Uses.
a. All open space uses;
b. Detached single-family unit.
3. Standards.
a. Number. One ADU is allowed per lot of record.
b. Density Calculations. ADUs are not included in residential density calculations.
c. Size. The maximum size of an accessory dwelling unit is one thousand (1,000) square feet of habitable floor area.
d. Design. The accessory dwelling unit must closely match the principal use’s design, color scheme, and roof materials whether attached to or detached from the principal structure.
e. Recreational Park Trailers. A recreational park trailer (RPT) may be used for an ADU if all the following standards are met:
i. The RPT is at least ten (10) feet wide;
ii. The RPT is no more than ten (10) years old on the date of installation;
4. The roof pitch must be at least 3:12;
5. The building official has certified that the unit meets the fire and life safety standards required for a residence;
6. The unit must be permanently anchored according to the manufacturer’s installation instructions or to the design of a professional engineer or architect licensed in Washington State;
7. The unit must be skirted around its entire perimeter; and
8. The RPT must comply with the Washington State Energy Code requirements of WAC 51-11-0301 (design criteria), and 51-11-0302 (thermal design parameters); and the mechanical ventilation requirements of the Washington State Residential Code, WAC 51-51-1508 (whole house ventilation).
C. Bed and Breakfast.
1. Definition. A “bed and breakfast” is a residential unit in which bedrooms are rented as lodging units.
2. Primary Uses.
a. Detached single-family unit.
3. Standards.
a. A bed and breakfast must have no more than four lodging units (bedrooms).
b. The owner or manager must reside in the dwelling unit.
c. No more than two family-style meals may be provided per twenty-four (24) hour period. The meal must be for the guests of the bed and breakfast only.
D. Home Occupation.
1. Definition. A “home occupation” is an accessory nonresidential use conducted entirely within a residential unit or on-site structure accessory to the residential unit. The intent of a home occupation is to allow residents of a dwelling unit to operate businesses or conduct commercial activity from their residence while retaining the residential character of the dwelling and the neighborhood.
a. Includes:
i. Offices (Section 18.44.070(B));
ii. Repair and maintenance of small appliances, TVs and electronics, furniture, garments, shoes and other leather goods, including tack;
iii. Tutoring or classes;
iv. Studios (e.g., art, handcraft, music).
b. Does not include:
i. Motor vehicle, commercial truck and heavy equipment, repair, bodywork, painting, washing and/or detailing services;
ii. Storage of:
(A) Motor vehicles, commercial trucks or heavy equipment;
(B) Used vehicle parts and/or used machinery in inoperable condition.
2. Primary Uses.
a. All residential uses;
b. Accessory dwelling unit.
3. Standards.
a. A home occupation must be operated by a person residing within the dwelling.
b. No one residing off site may be employed on the site of a home occupation.
c. The area devoted to the home occupation is limited to no more than twenty-five percent (25%) of the total habitable floor area of the dwelling. For the purposes of this standard, areas within attached garages, unfinished basements, and storage buildings are not considered habitable floor area but may be used for storing goods and materials associated with the home occupation.
d. Tutoring and classes shall be limited to two students at one time.
e. More than one home occupation may be allowed on a property. Each home occupation requires a separate use permit.
f. Window displays or other public displays of material or merchandise connected with the home occupation are prohibited.
g. No more than one wall sign, not to exceed two square feet in area, may be permitted.
E. Home Business.
1. Definition. A “home business” is an accessory nonresidential use conducted in conjunction with and on the site of a residential use in which employees are employed on site. The intent of a home occupation is to give small, local businesses a place to start. Home occupations are intended to be at a residential scale; once they grow beyond a certain size they can no longer be characterized as home occupations.
a. Includes:
i. Offices (Section 18.44.070(B));
ii. Services (Section 18.44.070(D));
iii. Building contractors and special trade contractors such as cabinetry, carpet and flooring, insulation, roofing, mechanical, and plumbing and heating;
iv. Schools (music, art, other);
v. Art studios and galleries.
b. Does not include:
i. Motor vehicle, commercial truck and heavy equipment, repair, bodywork, painting, washing and/or detailing services;
ii. Storage of:
(A) Motor vehicles, commercial trucks or heavy equipment.
(B) Used vehicle parts and/or used machinery in inoperable condition.
2. Primary Uses.
a. All residential uses;
b. Accessory dwelling unit.
3. Standards.
a. A home business must be operated by a person residing within the dwelling.
b. No more than two persons residing off site may be employed on the site of a home business.
c. The area devoted to the home business is limited to no more than forty percent (40%) of the total floor area on the property or two thousand (2,000) square feet, whichever is less.
e. Only one home business may be permitted on a property at any given time.
f. No more than three deliveries per week to the residence may be made by suppliers.
g. Traffic generated by a home business must not exceed sixteen (16) round trips per day. This includes deliveries and client-related trips.
h. All vehicles and materials must be stored within buildings.
i. All parking must be provided on site, and must be located to the rear of the structure or in another location that is visually unobtrusive.
j. Window displays or other public displays of material or merchandise connected with the home occupation are prohibited.
k. No more than one wall sign, not to exceed two square feet in area, may be permitted.
F. Drive-Up.
1. Definition. A “drive-up” facility is a commercial use catering to customers in vehicles.
a. Includes:
i. Drive-through restaurants;
ii. Drive-up banking facilities;
iii. Drive-through pharmacy.
2. Primary uses:
a. Office;
b. Retail;
c. Service;
d. Restaurant.
3. Standards:
a. If abutting land is in residential use, the drive-up facility must provide a fence, wall, or evergreen hedge at least six feet in height. Structures must be set back from the property line at least five feet; and 1.5 plant units per one hundred (100) linear feet of property boundary must be provided.
b. Entrances and exits must not cause congestion in any public right-of-way.
G. Home Day Care.
1. Definition. “Home day care” means the provision of care on a regular basis in a family setting for a group of no more than twelve (12) children or adults for periods of less than twenty-four (24) hours.
a. Does not include:
i. Babysitting;
ii. Childcare cooperatives;
iii. Foster care;
iv. Group homes.
2. Primary Uses.
a. All residential uses;
b. Accessory dwelling units.
3. Standards.
a. Each home day care must meet all applicable Washington State child care licensing requirements.
b. Structural or decorative alterations that detract from the single-family character of a residential structure in a residential zone are prohibited.
c. Hours of operation must be compatible with the neighborhood during the week. If care is provided on the weekends, hours of operation must not cause disruptions in the late evening or early morning hours.
H. Battery Charging Station.
1. Definition. A “battery charging station” is an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles.
2. Standards.
a. State Environmental Policy Act. Applications for battery charging stations shall be categorically exempt from review under the State Environmental Policy Act (see RCW 43.21C.410).
b. Accessibility. Charging equipment must not block or restrict pedestrian circulation areas and must not interfere with accessibility requirements of WAC 51-50-005.
Example: A charging station is located next to a public sidewalk. The charging equipment must be located so that access to the sidewalk is not blocked. (Ord. 665 § 31 (part), 2017)
18.44.120 Temporary uses.
A. All Temporary Uses.
1. Definition. A “temporary use” is a use established for a fixed period of time.
2. Standards.
a. The site occupied by a temporary use must be left free of debris, litter or other evidence of temporary use upon completion or removal of the use.
b. A temporary use must not occupy or use public rights-of-way, parks or other public lands in any manner unless specifically approved by the community development director.
c. A temporary use will expire after ninety (90) days unless an alternate expiration is set through the approval of the use permit.
d. A temporary use must obtain all required city permits, licenses or other approvals prior to establishing the use.
B. Yard Sale.
1. Definition. A “yard sale” is the sale of personal property from a private residential use.
a. Includes:
i. Garage sales;
ii. Rummage sales;
iii. Estate sales.
2. Standards.
a. A maximum of four yard sales per calendar year are allowed.
C. Christmas Tree Sale.
1. Definition. A “Christmas tree sale” is the outdoor sale of evergreen trees during the Christmas holiday season.
D. Farm Stand.
1. Definition. A “farm stand” means a temporary or permanent structure or vehicle used in the sale of regional farm products such as fruits, vegetables, and juices during the time of year when such products are fresh.
2. Standards.
a. Farm stands shall not be located on sidewalks or in other areas of public rights-of-way.
E. Temporary Real Estate Sales Office.
1. Definition. “Temporary real estate sales office” means a structure placed on a development site and used as a sales office or meeting place only during an initial period of marketing a project for sale or lease.
2. Standards.
a. A temporary real estate sales office shall only be on the site of a new development and shall sell only the lots or units on the site of the development.
b. The temporary real estate sales office shall be removed when seventy-five percent (75%) of all lots or units in the new development have been sold, leased, or rented.
F. Temporary Shelter.
1. Definition. “Temporary shelter” means a mobile or manufactured home or conventional camping unit temporarily occupied while a building with a valid building permit is being constructed.
2. Standards.
a. The temporary shelter may be permitted for a period not to exceed one year. An extension may be granted by the community development director for a period not to exceed two additional years for good cause.
b. A temporary shelter may also be permitted when fire or natural disaster has rendered an existing residential unit unfit for human habitation. A building permit for rehabilitation or reconstruction must be obtained within a reasonable period of time, as determined by the city council.
G. Temporary Gravel Processing.
1. Definition. “Temporary gravel processing” is washing and screening gravel extracted from the ground in association with a permitted construction project.
2. Standards.
a. Infrastructure. Projected traffic impacts shall be addressed according to AASHTO guidelines and the cost of all improvements required, on and off site, shall be borne entirely by the applicant. A payment to compensate for the additional wear and tear on city streets, as determined by the city engineer, also may be required of the applicant.
b. Hours of Operation. Hours of operation shall occur between eight a.m. and five p.m., Monday through Friday, unless otherwise specified by the city council. The hours of operation may be reduced to mitigate adverse impacts on nearby houses or extended to expedite the completion of an operation.
c. Setbacks. A minimum three hundred (300) foot setback from all property lines shall be provided. Written permission from adjacent property owners to reduce the required setback shall be obtained if necessary.
d. Duration. Duration of the gravel processing shall be no longer than six consecutive months. If a project is phased over two or more years, then the total number of days the gravel extraction and processing activities are conducted shall be no more than one hundred eighty (180) days.
e. Health and Safety Protection. The proposed gravel processing area shall be bermed, fenced, or otherwise enclosed, where necessary, for health and safety protection.
f. Grading and Erosion Control. Grading and erosion control requirements must be consistent with Chapter 12.08. (Ord. 665 § 31 (part), 2017)