Chapter 18.48
DEVELOPMENT STANDARDS—CITY-WIDE APPLICABILITY

Sections:

18.48.010    Purpose.

18.48.020    Concurrency.

18.48.030    Density standards.

18.48.040    Setbacks, projection exceptions, heights and widths.

18.48.050    Accessory buildings.

18.48.070    Nonconformities.

18.48.100    Landscaping.

18.48.110    Streetscapes.

18.48.114    Natural resource lands.

18.48.115    Parks and open space.

18.48.130    Signs.

18.48.140    Design standards.

18.48.010 Purpose.

A.    This section, in conjunction with other chapters and sections of the development code, provides specific minimal development standards and methodologies for applying development standards.

B.    These development standards are applicable to all land development and uses, including improvements, intensifications, changes in use, or building and development permits and land use approvals and actions. (Ord. 548 § 2 (Exh. C) (part), 2007)

18.48.020 Concurrency.

A.    All new development, improvements, expansions, or intensifications of existing uses shall be connected, at applicant’s expense, to a primary infrastructure system to support the use.

B.    If primary infrastructure is not available to the site or the existing infrastructure does not contain sufficient capacity to support the proposed development, the city may not:

1.    Issue development permits which would allow for an increase in the amount of infrastructure demand generated from the site; or

2.    Permit subdivision of the property that requires the increased potential development or demand for infrastructure.

C.    Primary infrastructure includes, but is not limited to:

1.    Stormwater;

2.    Police, fire, and emergency medical service;

3.    Water;

4.    Transportation and transit facilities;

5.    Electrical;

6.    Septic systems or, when available, sanitary sewers;

7.    Schools; and

8.    Parks. (Ord. 548 § 2 (Exh. C) (part), 2007)

18.48.030 Density standards.

A.    The maximum density of each zoning district is the maximum number of dwelling units allowed per net buildable area of an acre, and is expressed as a ratio, i.e., one dwelling unit per net buildable acre. The minimum lot size does not determine maximum density.

B.    Gross area is the total sum area of the lot. The required critical area buffers and all legally recorded private access easements shall not be subtracted from the gross area.

C.    The required lot area is the buildable area of a lot remaining after public and/or private rights-of-way and critical areas/buffers are subtracted from the gross area (Figure 18.48-1 below). However, critical areas/buffers can be accredited for density purposes subject to Section 18.104.060, Transfer of development rights—Density transfer program. In addition, until a primary sewer system is operational, the public and/or private rights-of-way can be counted as though they are a portion of the required lot area for purposes of minimum lot size in the creation of lots within subdivisions or for boundary line adjustments.

Figure 18.48-1—Gross Area

(Ord. 610 § 9, 2012: Ord. 548 § 2 (Exh. C) (part), 2007)

18.48.040 Setbacks, projection exceptions, heights and widths.

A.    Setback Measurement. The minimum required distance between any structure and a specified line such as a property line, easement, critical area and/or buffer, or an established public or private street right-of-way or any other private or public space that is required to remain free of structures unless otherwise provided herein. Setbacks are also measured from any future rights-of-way based on that road classification width.

B.    Designation of Required Setbacks. All lots must contain at least one front yard setback except pipestem lots. A front yard setback shall be required abutting each right-of-way on corner lots and through lots. All lots must contain one rear yard setback except for corner, through, and pipestem lots. All other setbacks will be considered interior yard setbacks.

C.    Corner Lot Exception. A lot that abuts the intersection of two or more rights-of-way is allowed to have one of the front yard setbacks reduced to ten (10) feet, provided the reduced yard does not abut a state highway or major arterial.

D.    Through Lots. If a lot abuts two or more rights-of-way, the front yard setback for the frontage not providing primary access may be reduced to ten (10) feet, provided the reduced yard does not abut a state highway or major arterial.

E.    Pipestem or Flag Lots. A flag lot shall have setbacks of twenty (20) feet from all property lines for both principal and accessory structures.

1.    Flag lots in residential zones (LDR1/1, MDR4/1 and HDR6/1) shall have a minimum frontage of twenty (20) feet on a public road or street from which access is taken. If such frontage does not exist, an easement to a public road or street shall be a minimum of twenty (20) feet in width.

Figure 18.48-2—Required Setback Designations

2.    Flag lots in nonresidential zones (MU, C-1, C-2, I, and P) shall have a minimum frontage of twenty-four (24) feet on a public road or street from which an access way is taken. If such frontage does not exist, an easement to a public road or street shall be a minimum of twenty-four (24) feet in width.

F.    Front Yard Setback Averaging. Averaging may be used to reduce a front yard setback requirement when a principal building has been established on an adjacent lot within the required yard. This provision shall not apply if the adjacent lot has received a reduced setback based upon a discretionary land use approval. This exception shall be calculated as follows:

1.    Averaging shall be calculated by adding the existing front yard setbacks of the adjacent lots together and dividing that figure by two.

2.    In the case of a corner lot or when an adjacent lot is vacant, averaging shall be calculated by adding the front yard setback of the adjacent developed lot with the minimum front yard setback of the zone in which the construction is proposed and dividing that figure by two.

G.    Slopes. If the topography of a lot is such that the minimum front yard setback line is eight feet or more above the street grade, and there is no reasonable way to construct a driveway up to the dwelling unit level, a garage/carport may be built into the bank and set at least five feet back from the right-of-way.

H.    Accessory Structures—Interior Yard Exception. Detached, one-story accessory structures may occupy twenty-five percent (25%) of the total area of an interior yard and shall maintain a minimum three-foot setback, including any projections for the accessory structure (see Section 18.40.120, Accessory uses, for additional requirements).

I.    Accessory Structures—Rear Yard Exception. Detached, one-story accessory structures may occupy fifty percent (50%) of the total area of a rear yard and must maintain a three-foot setback, including any projections for the accessory structure (see Section 18.40.120, Accessory use category, for additional requirements).

Figure 18.48-3—Accessory Use Setback Exception

J.    Bus Shelters. Bus shelters for school district or transit authority purposes may be located within a front yard setback when located on private property if they do not exceed fifty (50) square feet of floor area and one story in height; provided, that all applicable site distance requirements of the currently adopted site development regulations are met.

K.    Projection Exception. For principal buildings and ADUs, fireplace structures, bay or garden windows, enclosed stair landings, ornamental features, or similar structures may project into any setback, provided such projections are:

1.    Limited to two per required yard.

2.    Not wider than ten (10) feet.

3.    Not more than two feet into an interior or rear yard setback.

4.    Not more than three feet into a front yard setback.

5.    Uncovered porches and decks which do not exceed thirty (30) inches from finished lot grade may project into any setback, provided such projections do not extend more than five feet into a front yard setback.

6.    Wheelchair ramps may project into any required setback.

7.    Eave overhangs may project two feet into any required setback.

L.    Rear Yards—Exception.

1.    In the case of triangular or otherwise irregularly shaped lots, a line ten (10) feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line, may be considered the rear lot line at the owner’s discretion (Figure 18.48-4).

Figure 18.48-4—Rear Yard Exceptions

2.    For lots abutting a shoreline pursuant to the Shoreline Management Regulations, the ordinary high water mark may be considered the rear lot line for purposes of setbacks.

M.    Interior Yards—Exception. Lots located in an LDR1/1 classification that are one hundred (100) feet or less in width may reduce each interior yard setback to ten percent (10%) of the lot width. In no case shall the setback be less than three feet unless a variance is approved.

N.    Height Standards.

1.    Building Height. The height of a building is the vertical distance from the average elevation of the finished grade on each corner of a building to the top of a flat or shed roof, or the deck level on a mansard roof, and the average distance between the bottom of the eaves to the highest point of a pitched, hipped, gambrel, or gable roof.

2.    Structure Height. The height of all structures (except buildings) is the vertical distance of a structure measured from the average elevation of the finished grade surrounding the structure to the highest point of the structure. Flagpoles shall not exceed forty-five (45) feet in height from the average grade. All such poles shall be placed so as to neither obstruct nor obscure adjacent property owners’ lines of vision. Such poles shall not display more than three flags at any one time. All structures greater than six feet in height require a building permit.

Figure 18.48-5—Building Heights

3.    Measurement—Height of a Fence/Retaining Wall. The height of a fence shall be measured from a point on the ground immediately adjacent to the fence to the top of the fence. The height of a fence located on a rockery, retaining wall, or berm shall be measured from the ground on the high side of the rockery, retaining wall, or berm to the top of the fence. Net fences, such as those used on golf courses and/or driving ranges shall not be higher than thirty-five (35) feet and shall meet the setbacks required for structures. The top of a fence shall include all attachments, ornamentations, and security devices such as barbed wire. All structures greater in height than six feet require a building permit. Fences are limited to no more than four feet in height beyond the front of the principal building or structure in front yards and may be built to the property lines unless otherwise provided.

Figure 18.48-6—Fence Height

4.    Exceptions. Height standards shall not apply to the following:

a.    Church spires, belfries, domes, chimneys, antennas, satellite dishes, ventilation stacks, or similar structures, provided the structure is set back one additional foot for every foot said structure exceeds the height limitation in the underlying zone classification.

b.    Rooftop mechanical equipment. All rooftop mechanical equipment may extend ten (10) feet above the height limit of the zone, provided all equipment is set back ten (10) feet from the edge of the roof.

c.    These exceptions still require a building permit.

O.    Lot Width Measurement.

1.    When a lot has four sides or has more than four sides and has an essentially rectangular or pie shape, the lot width shall be the horizontal distance between the side lot lines measured at right angles to the line comprising the depth of the lot at a point midway between the lot front and the lot rear line.

2.    For pipestem or flag lots, the access easement or lot extension shall not be included in determining the width or depth of the lot.

3.    For lots with more than four sides that are irregular in shape, lot width shall be measured at the widest portion of the lot between the side lot lines. (Ord. 548 § 2 (Exh. C) (part), 2007)

18.48.050 Accessory buildings.

A.    Residential detached accessory structures which are less than two hundred (200) square feet in size and not higher than ten (10) feet, including garden sheds or greenhouses or combination of both; children’s play equipment; arbors; and gazebos, placed in a rear half of a lot shall have a minimum three-foot setback. Attached accessory structures must meet the same setbacks as the main building.

B.    In the single-family (LDR1/1, MDR4/1, and HDR6/1) zoning districts, garages or other accessory buildings greater than two hundred (200) square feet but not exceeding a total of fifty percent (50%) rear yard lot coverage or twenty-five percent (25%) side yard coverage, which do not exceed fourteen (14) feet in height, may be placed within the rear or interior yard.

1.    The structure must maintain a minimum five-foot setback, unless the zoning district allows a lesser setback; and

2.    Be located at least six feet from a primary structure located on an adjacent property.

C.    Pools, hot tubs, and similar accessory structures may not be located in the rear or interior yard setbacks.

D.    Areas for automobiles shall be designed in such a manner that adequate visibility is ensured for ingress and egress.

E.    Every building hereafter erected or moved shall be on a lot adjacent to a public street or with access to an approved private street, and all structures shall be located on lots as to provide safe and convenient access for servicing and provide for required off-street parking.

F.    Parking areas shall have a durable surface. If the parking area is within one hundred (100) feet of an adjacent lot, the parking area shall be concrete, asphalt or other paved or solid surface to not create a dust problem for neighbors. (Ord. 548 § 2 (Exh. C) (part), 2007)

18.48.070 Nonconformities.

A.    Within the zoning districts established by this division, or as amended, lots, uses, and structures may exist that were lawful when established but no longer conform to the provisions and standards of the zoning district in which they are located. Nonconformities may adversely affect the development and redevelopment of the city consistent with the provisions of the comprehensive plan. This section provides for the regulation of these legally existing nonconformities and attempts to balance the rights of property owners to continue the use of their properties and the perpetuation of uses envisioned under the city’s comprehensive plan and this division. These standards specify the circumstances, conditions, and procedures under which such nonconformities are permitted to endure.

B.    This section shall apply to legally existing nonconformities, except the following:

1.    Nonconforming sexually oriented businesses as defined in Section 18.44.070, Sexually oriented business, which shall instead be governed by standards set forth in that section.

2.    Nonconforming signs as defined in Section 18.48.130, Signs, which shall instead be governed by standards set forth in that section.

3.    Nonconforming personal wireless telecommunications facilities as defined in Section 18.44.100(E), Wireless telecommunications facility, which shall instead be governed by standards set forth in that section.

4.    Permit applications at the time of this division’s passage that constitute vested development shall instead be governed by existing standards. Future plans to further develop property shall not constitute a basis for nonconformity status, whether or not documented in public record, except when they constitute a vesting. Nothing in this section shall be construed to require a change in plans, construction, or intended use related to vested development, though it may thereafter be regulated as nonconformity.

5.    Single-family residences within the core commercial (CC) zoning district may rebuild to no more than one hundred twenty-five percent (125%) of the home’s square footage due to damage or destruction, based on assessor records of the prior square footage. Restoration or replacement of the single-family home shall commence within one year from the date of the damage. Setbacks and other site development standards for restoration or replacement of a damaged or destroyed single-family home shall be based on criteria of Section 18.40.070, MDR4/1 zoning district.

C.    The provisions of this section apply only to nonconformities that were lawful, either by right or by discretionary permit, when initially established and these provisions may not be used as an alternative to removal or cessation of activities, structures, and uses which were illegal at the time of their establishment. This provision shall not apply to dwelling units located in residential zones or in established mobile home parks, which may be reconstructed or replaced with no substantial change in floor area or other nonconforming feature.

D.    The entire contiguous ownership of land shall be considered as a single parcel of land for determination of nonconformance as a consideration of development. A record of separate lot or parcel boundaries shall be disregarded. It is recognized that the dimensions of some nonconforming lots of record are so constrained that meeting some development regulations such as setbacks would render such lots essentially unbuildable. The city will consider unusual hardships in reviewing applications for such development. Pursuant to Section 18.20.080, Variances, variances may be granted in such instances based on individual circumstances and may be conditioned such that negative effects on the surrounding area are mitigated.

E.    Nonconforming lots may not be altered in any way that would increase the degree of nonconformity; provided, this does not preclude acquisition or dedication of additional public rights-of-way when deemed necessary by the designee.

F.    Nonconforming Uses. Nonconforming uses may continue to operate as provided below:

1.    Routine maintenance and repairs may be performed on land or structures containing a nonconforming use.

2.    A nonconforming use shall not be changed to another nonconforming use.

3.    Nonconforming uses outside of a structure, which occupy only a portion of a lot, may not be expanded to any other portion of the property.

4.    Nonconforming uses may not be materially expanded unless such expansion is required by law or a public agency in order to comply with public health, safety or welfare regulations.

5.    All applicable construction permits must first be obtained for any such work.

G.    Nonconforming Structures. Maintenance, minor improvements and minor alterations to nonconforming structures are allowed to prevent them from becoming blighted and having detrimental impacts on the surrounding neighborhood.

H.    Nothing in this section shall be construed to prevent the strengthening or restoring to a safe condition any nonconforming structure or part thereof declared to be unsafe by the building official or other proper authority. No structure partially occupied by a nonconforming use shall be moved, altered, or enlarged in such a way as to permit the enlargement of the space occupied by the nonconforming use. Alterations or expansions of nonconforming structures which are required by law or a public agency in order to comply with public health, safety or welfare regulations are allowable, even if in conflict with other provisions of this division. All applicable construction permits must first be obtained for any such work.

I.    The burden of demonstrating that nonconformity is lawful under this division rests with the property or business owner. Some examples of evidence that may indicate legal nonconforming status include: tax assessment records, construction or other permit records, personal or business income tax records, business license records, dated past advertising, dated business receipts to customers, dated rent receipts, affidavits from neighbors or tenants, testamentary documents, photographs whose date may be clearly ascertained, and other such information which is competent and factual. The city may, at its discretion, request such records from a property or business owner as a basis for determining whether nonconformity was legally established and preexisting.

J.    Termination of Nonconforming Status. A nonconforming development or use shall terminate under the following conditions:

1.    When the use has been abandoned for a period of six or more months.

2.    When the structure, which is nonconforming, has been damaged or destroyed to an extent exceeding fifty percent (50%) or more of its fair market value as indicated by the records of the Thurston County assessor.

K.    Provided, that damaged uses that are allowed to reestablish, as provided in subsection (L) of this section, shall not be considered to be terminated. Once terminated, the use shall not be reestablished, and any subsequent use must comply with the regulations of the zoning district in which it is located.

L.    Damage or Destruction.

1.    If a nonconforming use or structure is damaged or destroyed by any means to the extent of fifty percent (50%) or more of the last assessed value, it may not be reestablished except in compliance with the regulations of the zoning district in which it is located.

2.    If a nonconforming use or structure is damaged due to an involuntary event of fire, natural disaster or other casualty, to the extent of less than fifty percent (50%) of fair market value, it may be restored to substantially the same extent of nonconformance as preexisted the damage; provided, that all applicable construction permits are obtained prior to commencement of demolition and reconstruction. This provision shall not be construed as reducing any requirements of construction standards in effect for rebuilt structures. Restoration or replacement shall commence within one year from the date of damage.

M.    The transfer of ownership of a nonconforming lot, use, or structure will not alter its legal nonconforming status.

N.    By their nature, nonconformities can be unique and difficult to identify and equitably regulate. If questions arise with regard to nonconforming status or replacement when abandonment, damage, or destruction has occurred, the designee is hereby empowered to issue case-by-case determinations based on individual circumstances. Such determinations will constitute administrative determinations as set forth in Section 18.20.020, Administrative interpretations, and shall be appealed pursuant to Section 18.16.090, Process II—Administrative action. (Ord. 616 § 2 (part), 2012; Ord. 575 § 12, 2009; Ord. 548 § 2 (Exh. C) (part), 2007)

18.48.100 Landscaping.

A.    Purpose and Intent. The purpose of these landscaping standards is to establish consistent and comprehensive landscaping provisions. The intent is to provide minimum landscaping requirements that:

1.    Avoid large, unbroken expanses of concrete, asphalt, and other impervious surfaces;

2.    Screen or soften parked vehicles, buildings, and structures as viewed from off site;

3.    Provide attractive, pleasing streetscapes;

4.    Better define and organize vehicular and pedestrian spaces; and

5.    Encourage citizens and owners of business and industrial developments to participate in rejuvenating the city’s appearance.

B.    Applicability. These landscaping standards apply to the following types of development:

1.    Any permit to construct a single-family dwelling, multifamily development, or any nonresidential development that is not an open space use defined by Section 18.44.030.

2.    Any permit to construct an addition of two hundred (200) square feet or more to a multifamily or nonresidential development.

3.    Any proposal that adds five hundred (500) square feet or more of impervious surfaces.

C.    Administrative Variances. Exceptions to the requirements of this section may be allowed through the administrative variance process found in Section 18.20.080. At a minimum, the applicant must provide an alternative conceptual landscape plan, supporting photographs, and a brief explanation as to how the alternative plan satisfies the purpose and intent of this section.

D.    Landscape Plan. A landscape plan must be submitted for review, along with the appropriate application for a building permit or site development permit. Single-family dwellings are exempt from having to provide a landscape plan but must be landscaped in accordance with the remaining standards of this section.

1.    Standards. The landscape plan must comply with the following standards.

a.    Professional Preparation Requirements. For multifamily projects with five or more units and commercial developments consisting of twenty-five thousand (25,000) square feet or more of gross floor area, the landscape plan must be prepared by a landscape architect registered in the state of Washington. For all other projects, the landscape plan may be prepared by a nurseryman or landscaper. The community development director or designee may waive this requirement.

b.    Landscape Plan Requirements. At a minimum, the landscape plan must include all of the following elements:

i.    Existing Vegetation. A map identifying all trees six inches in diameter at breast height or greater within areas proposed for clearing and within twenty-five (25) feet of any area to be cleared. All significant trees must be clearly labeled. In addition, all trees or shrubs proposed to be retained and counted towards complying with the landscaping standards of this section must be mapped.

ii.    Plant Schedule. A plant schedule, identifying symbols, quantity, size, and type of all proposed landscaping and existing vegetation proposed for credit.

iii.    Planting Plan. The planting plan must indicate the location of all proposed landscaping and existing landscaping proposed for credit.

iv.    Irrigation Statement. An irrigation statement describing how plant material will be irrigated for a minimum three-year period or until plant establishment.

v.    Erosion Control. A description of how erosion is to be controlled on site, both permanently and during construction.

vi.    Cost Estimates. Cost estimates to implement the landscape plan.

c.    Approval and Bond Required. Prior to issuing a certificate of occupancy or conducting a final inspection for a site development permit that requires a landscape plan, a performance bond for completion of the approved landscape plan must be submitted to the city pursuant to Section 18.12.120, Security mechanisms.

2.    Findings for Approval. A landscape plan must be approved upon finding the plan adequately:

a.    Softens the visual impact of development;

b.    Screens incompatible uses from surrounding residential and nonresidential development;

c.    Where applicable, provides a buffer between zones; and

d.    Provides an attractive, pleasing streetscape.

E.    General Landscaping Requirements.

1.    Vegetation Required. All landscaped areas proposed for vegetation must be planted with lawn, pasture, or native groundcover unless such vegetation is already fully established. Once landscaped, landscaped areas must be maintained to support plant life.

2.    Credit for Existing Vegetation. Each existing tree or shrub retained may be credited on a two to one basis for purposes of complying with landscaping requirements. Retained vegetation must:

a.    Meet the minimum requirements established in subsection (E)(7) of this section;

b.    Be located in or within five feet of a required landscape buffer;

c.    Be in good health; and

d.    Not pose a safety risk to the community (e.g., is not diseased, dying, likely to fall into a public open space or right-of-way, obscures safe sight distance requirements, etc.).

3.    Retaining Significant Trees. Property owners are encouraged to retain the existing trees and other native vegetation on site to the maximum extent possible.

a.    At a minimum, twenty-five (25) percent of significant trees must be retained on a site. A significant tree is one that:

i.    Is not a cottonwood, alder, poplar, or big-leaf maple;

ii.    Is at least fifteen (15) inches in diameter at breast height;

iii.    Is in good health; and

iv.    Does not pose a safety risk to the community (e.g., is not diseased, dying, likely to fall into a public open space or right-of-way, obscures safe sight distance requirements, etc.).

b.    When it is not feasible to retain required significant trees due to site constraints, each required significant tree removed must be replaced with a:

i.    Transplanted or retained on-site tree four-inch caliper or larger (measured six inches above the base) that meets the definition of a “significant tree” in all manner except size; or

ii.    New evergreen tree that is a minimum ten (10) feet in height or a deciduous tree that is a minimum three-inch caliper measured six inches above the base.

4.    Plant Spacing. Plant spacing may be adjusted to accommodate driveways and clear vision areas.

5.    Conserving Water. Design with native vegetation, drought-resistant plants, and minimal grass area is encouraged to promote water conservation.

Examples of native vegetation that require less water include:

• Deciduous trees: Douglas maple and vine maple.

• Evergreen trees: incense cedar and Western red cedar.

• Shrubs: red flowering currant, red osier dogwood, and bald hip rose.

• Groundcovers: false lily-of-the-valley and cotoneaster.

6.    Irrigation.

a.    Irrigation systems must be adequate to ensure survival of all retained and new plants for a period of at least three years.

b.    Irrigation systems must be designed and operated to minimize runoff and overspray to non-irrigated areas.

7.    Plant Standards. Where new landscaping is required, the following plant standards apply at planting:

a.    Deciduous Trees. Deciduous trees must have a minimum two-inch caliper measured six inches above the base.

b.    Evergreen Trees. Evergreen trees must be at least six feet tall.

c.    Small Shrubs. Small shrubs must be at least eighteen (18) inches in height at the time of planting with approximately a two-gallon pot or ball and burlap.

d.    Medium Shrubs. Medium shrubs must be a minimum of three feet in height at the time of planting with approximately a five-gallon pot or ball and burlap.

e.    Vegetative Groundcovers. Vegetative groundcovers include grass sod and spreading groundcovers. Spreading groundcovers must be able to form a solid cover over the planting area within two years from the time of planting.

8.    Maintenance. All on-site landscaping and landscaping on adjacent public rights-of-way must be maintained and meet each of the following standards. Failure to maintain required landscaping constitutes a zoning violation.

a.    All landscape materials must be pruned and trimmed as necessary to maintain a healthy growing condition, to prevent primary limb failure, and to prevent limbs from becoming an impediment or hazard to vehicles or pedestrian traffic.

b.    All landscape areas must be kept free of trash and weeds.

c.    Landscaping must be permanently maintained in such a manner as to accomplish the purpose for which it was initially required.

d.    Any plant material that dies after installation must be replaced within the spring or fall growing season, whichever comes first, following plant loss. Replacement landscaping must comply with all provisions of this section.

F.    Attached and Detached Single-Family Dwelling Requirements. Attached and detached single-family units must provide one or more street trees consistent with subsection (H)(2)(c)(i) of this section.

G.    Duplexes, Triplexes, and Fourplexes. Duplexes, triplexes, and fourplexes must provide the following:

1.    One or more street trees consistent with subsection (H)(2)(c)(i) of this section.

2.    A six-foot tall solid fence or landscaping consistent with subsection (H)(3)(d) of this section.

H.    Requirements for All Other Uses. Multifamily and applicable nonresidential uses must provide landscape buffers consistent with the standards listed below. Where a landscape buffer is required, the planting requirements must be spaced at intervals along the full extent of the landscape buffer.

1.    Landscape Buffers Generally. The following table identifies the type of landscape buffer required based on a property’s zoning:

Landscape Buffers by Type and Zone

Landscape Buffer Type

Residential Zones

Nonresidential Zones

Special Purpose Zones

 

R EN

R 6-8

R 8-25

CC

HC

SC

I

FRL

P/PF

T/OS/P

Street

Y

Y

Y

Y

Y

Y

Y

--

Y

Y

Side/Rear

Y

Y

Y

--

--

--

--

--

Y

--

Zoning

--

--

--

Y

Y

Y

Y

--

Y

--

Parking

Y

Y

Y

Y

Y

Y

Y

--

Y

Y

Screening

Y

Y

Y

Y

Y

Y

Y

--

Y

Y

2.    Street Buffer. The purpose of a street buffer is to soften the appearance of development (especially parking areas), provide visual interest, and provide shade.

a.    Where Required. A street buffer is required adjacent to the public or private right-of-way. Provided all required setbacks are met, buildings may encroach into the street buffer. Off-street parking areas are prohibited in the street buffer.

b.    Width. The buffer must be at least eight feet wide.

c.    Planting Requirements.

i.    Trees.

(A)    In General. Unless a street is subject to a street tree theme, one deciduous tree per twenty (20) linear feet of landscape buffer is required. At least two types of trees should be used.

(B)    Street Tree Themes. The following streets have themes that dictate the type and spacing of trees:

Required Street Tree Themes

Tree Type

(Required Spacing)

Street

Primary Tree

Secondary Tree

Accent Tree

Utility Tree

Binghampton Street

Scarlet Oak (40')

Autumn Purple Ash (40')

Snowgoose Cherry (30')

Snowdrift Crabapple (30')

Centre Street North

from Binghampton Street to Hubbard Road SE

Commemoration Sugar Maple (40')

Norwegian Sunset Maple (35')

Rustica Rubra Saucer Magnolia (30')

Galaxy Magnolia (30')

Centre Street South

from Binghampton Street to city limits

Patmore Ash (35')

Norwegian Sunset Maple (35')

Snowdrift Crabapple (30')

Pacific Sunset Maple (25')

Minnesota Street North

from the railroad trestle to city limits

Black Tupelo Gum (25')

Pacific Sunset Maple (25')

Paperbark Maple (30')

Autumn Brilliance Serviceberry (30')

Minnesota Street North

from Binghampton Street West to the railroad trestle

Callery Pear (25')

Redmond Linden (25')

Kousa Dogwood (30')

Trident Maple (30')

Hubbard Street SE

from Centre St. N. to city limits

October Glory Red Maple (35')

Shademaster Honeylocust (35')

Galaxy Magnolia (30')

Trident Maple (30')

133rd Street SE

from Hubbard St SE to Nieland Loop SE

Norwegian Sunset Maple (35')

Shademaster Honeylocust (35')

Prairiefire Crabapple (30')

Desert Ash (30')

ii.    Shrubs. One small shrub per three linear feet of landscape buffer is required, but grass sod may be used as a substitute.

iii.    Groundcover. Where grass sod is not utilized in the landscape buffer, a spreading groundcover is required.

d.    Fencing. If solid fencing is used, landscaping must be placed on the exterior of the fence.

e.    Substitutions. A combination of potted trees, public art, lamp posts, planter boxes, hanging baskets or other landscaping, street furniture, or architectural features may be substituted for required street buffer landscaping subject to approval by the community development director or designee. The proposed substitution must still meet the objectives and findings of this section. At least three approved alternatives must be used to enhance the building front. For buildings that have a zero lot-line setback, an awning or similar architectural feature must be used as one of the three alternatives.

f.    Right-of-Way Landscaping. Street buffer landscaping requirements may be placed in a public or private right-of-way if approval from the public works supervisor is granted.

3.    Side/Rear Buffer. The purpose of a side/rear buffer is to soften the appearance of development as viewed from adjacent properties. Provided all required setbacks are met, buildings may be located within the side/rear landscaping buffer. Parking areas are prohibited in the side/rear buffer.

a.    Where Required. A side/rear buffer is required adjacent to side and rear property lines for nonresidential uses and multifamily uses with five or more units.

b.    Width. The buffer must be at least eight feet wide.

c.    Planting Requirements. One deciduous or evergreen tree per twenty (20) linear feet of landscape strip is required. At least fifty percent (50%) of required trees must be evergreen.

d.    Fencing. A six-foot-tall fence is required and may be located at the property line.

4.    Zoning Buffer. The purpose of a zoning buffer is to screen and soften the appearance of development as viewed from adjacent properties. Buildings and parking areas are prohibited in the zoning buffer.

a.    Where Required. A zoning buffer is required adjacent to side and rear property lines that abut residential zones.

b.    Width. The buffer must be at least eight feet wide.

c.    Planting requirements. One deciduous or evergreen tree per twenty (20) linear feet of landscape strip is required. At least fifty percent (50%) of required trees must be evergreen.

d.    Fencing. A six-foot-tall fence is required and may be located at the property line.

5.    Parking Buffer. The purpose of a parking buffer is to screen, soften, and provide visual separation between on-site parking areas and development on adjacent properties. Interior landscape islands provide shade, visual interest, and soften the impact of expansive areas of asphalt and concrete. The perimeter buffer can overlap with other required landscaping buffers, but the wider buffer and more restrictive planting requirements control.

a.    Where Required. A parking buffer is required along the perimeter of a parking lot as well as the placement of interior landscape islands.

b.    Perimeter Buffer.

i.    Minimum Width. The perimeter buffer must be at least eight feet wide.

ii.    Planting Requirements.

(A)    Trees. One deciduous or evergreen tree per twenty (20) linear feet of perimeter buffer is required. At least two types of trees must be used and should primarily consist of deciduous trees.

(B)    Shrubs. One small shrub per three linear feet of landscape buffer is required, but grass sod may be used as a substitute.

(C)    Groundcover. Where grass sod is not utilized in the landscape buffer, a spreading groundcover is required.

c.    Landscape Islands. Landscape islands are only required for parking lots with ten (10) or more spaces. No parking space may be more than five spaces/fifty (50) feet from a landscape island.

i.    Minimum Area. Landscape islands must be at least one hundred (100) square feet in size.

ii.    Planting Requirements. Each landscape island must contain the following:

(A)    Trees. One deciduous tree per one hundred (100) square feet of landscape island.

(B)    Groundcover. A spreading groundcover or mulch is required.

6.    Screening Buffer. The purpose of a screening buffer is to provide a solid sight barrier between uses to create a strong impression of spatial separation.

a.    Applicability. A screening buffer is required for the following uses:

i.    Landscape supply yards;

ii.    Storage uses;

iii.    Heavy industry uses;

iv.    Disposal uses;

v.    Utility facilities;

vi.    Sewer facilities;

vii.    Wireless telecommunications facilities;

viii.    Outdoor storage areas and yards (Section 18.46.020).

b.    Where Required. A screening buffer is required around the perimeter of a specific use. The screening buffer can overlap with other required landscaping buffers, but the wider buffer and more restrictive planting requirements control.

c.    Width. The buffer must be at least eight feet wide.

d.    Planting requirements.

i.    Trees. One deciduous or evergreen tree per twenty (20) linear feet of landscape strip is required. At least fifty percent (50%) of required trees must be evergreen.

ii.    Shrubs. Three small shrubs and two medium shrubs per four linear feet of landscape buffer is required. At least forty percent (40%) of required shrubs must be evergreen.

iii.    Groundcover. Where grass sod is not utilized in the landscape buffer, a spreading groundcover or mulch is required.

e.    Fencing. A solid fence or wall is required. Landscaping must be placed on the exterior of the fence. (Ord. 690 § 1, 2020; Ord. 575 § 14, 2009; Ord. 548 § 2 (Exh. C) (part), 2007)

18.48.110 Streetscapes.

A.    Streetscapes shall be improved as specified in Sections 18.48.140, Design standards, 18.48.100, Landscaping, and Chapter 18.45, Parking and Loading Standards.

B.    The designee may modify commercial streetscape improvements requirements for structure remodeling or tenant improvements in accordance with Sections 18.48.140, Design standards, 18.48.100, Landscaping, and Chapter 18.45, Parking and Loading Standards, and the following:

1.    The designee may permit modification of streetscape improvements, requirements and standards when development of the required landscaping improvement(s), in the opinion of the designee, is not practical due to physical limitations of the site which are no fault of the applicant.

2.    The designee may permit modification of streetscape improvement standards where the required streetscape, in the opinion of the designee, is not roughly proportionate to the impact, type, scale, and cost of the proposed development action.

3.    The streetscape design alternatives shall be documented as an administrative determination.

4.    Mailing notice to adjacent property owners potentially affected by the development regulation modifications is required. (Ord. 548 § 2 (Exh. C) (part), 2007)

18.48.114 Natural resource lands.

A.    Purpose. Resource lands are of special concern to the public. In order to protect and promote public health, safety, and welfare, this section establishes noticing requirements for sites that contain or are adjacent to natural resource lands.

B.    Establishment of Natural Resource Lands.

1.    Natural resource lands regulated by this section include:

a.    Agricultural resource lands (WAC 365-190-050; RCW 36.70A.170);

b.    Mineral resource lands (WAC 365-190-070; RCW 36.70A.170);

c.    Forest resource lands (WAC 365-190-060; RCW 36.70A.170).

2.    Properties adjacent to natural resource lands are also subject to the standards of this section. An adjacent property is one that is on a site bordering or within five hundred (500) feet of a designated natural resource.

C.    Notice Required.

1.    Pursuant to RCW 36.70A.060, all final plats and short plats and permits issued for development activities on or within five hundred (500) feet of any land designated under this section must contain a note that the subject property is near agriculture, forest, or mineral resource lands of long-term commercial significance, whichever applies. The note must inform the public that a variety of commercial activities may occur that may not be compatible with residential development for certain periods of limited duration.

2.    The note must also contain a statement that the ability of owners or occupants to recover damages for nuisances arising from activities on the designated mineral, agricultural or forestry land, whichever applies, may be limited.

3.    The note for properties within or near designated mineral lands must also inform the public that an application might be made for mining-related activities, including mining, extraction, washing, crushing, stockpiling, blasting, transporting and recycling of minerals.

4.    The resource use notice must be provided in a form and content prescribed by the city.

D.    Agricultural Resource Lands. Agricultural lands are lands that are not already characterized by urban growth and have long-term significance for the commercial production of food or other agricultural products.

1.    Location. The following sites have been designated as agricultural lands:

a.    Rainier. There are no sites within the city designated as agricultural lands.

b.    Unincorporated Thurston County. There are no sites within five hundred (500) feet of the city or its urban growth area that have been designated by Thurston County as long-term agriculture.

E.    Mineral Resource Lands. Mineral resource lands are lands that are not already characterized by urban growth and have long-term significance for the extraction of minerals.

1.    Location. The following sites have been designated as mineral resource lands:

a.    Rainier. There are no sites within the city designated as mineral resource lands.

b.    Unincorporated Thurston County. There are no sites within five hundred (500) feet of the city or its urban growth area that have been designated by Thurston County as mineral resource lands.

F.    Forest Resource Lands. Forest resource lands are forestlands that are not already characterized by urban growth and have long-term significance for the commercial production of timber, including Christmas trees.

1.    Location. The following sites have been designated as forest resource lands:

a.    Rainier. Sites zoned as forest resource land.

b.    Unincorporated Thurston County. There are no sites within five hundred (500) feet of the city or its urban growth area that have been designated by Thurston County as long-term forestry. (Ord. 659 § 13, 2017)

18.48.115 Parks and open space.

A.    Qualified Open Space.

1.    An area of land or water designated and reserved primarily for uses which require minimal buildings and impermeable surfaces and which is supplemental and in addition to any setbacks, yards, streets, vehicular access or parking areas and similar areas ordinarily associated with residential land division developments, which may include, but is not limited to, greenbelts, parks, athletic fields, recreation areas, trails, or environmentally sensitive or critical areas when dedicated to and providing at least seventy-five percent (75%) access to the general public and the entire open space be set aside in a separate land tract.

2.    Payment of fees in lieu of dedication shall be based on fair market value of the net land percent requirement specified below.

3.    Dedicated uses shall be for one or more of the following uses:

a.    Environmental interpretation or other educational purposes;

b.    Parks, recreation land, or athletic fields;

c.    Off-road foot, bike, or equestrian trails; or

d.    Other purposes as present by the applicant, subsequently accepted by the city.

4.    Impermeable Surfaces. No more than five percent of dedicated open space may be impermeable such as buildings, roads, or parking areas, except as open space enhancements.

5.    Suitability. Open space must be of such topographic, hydrological, geological or other physical characteristics to be suitable for such open space.

6.    Siting. The city shall consider applicant-proposed siting of open space, and have authority to approve the final location of such open space.

7.    Ownership. The provisions of Section 18.100.080(F) apply.

8.    Signage. The provisions of Section 18.100.080(J) apply.

B.    Open Space Requirement. All residential land division developments shall include, as a condition of approval, either the dedication of a portion of the site to be developed as qualified open space for public purposes, or the payment of a fee in lieu of dedication, or both, pursuant to this section.

C.    Single-family land division developments shall provide five percent of the net built area of the proposed development and shall be qualified open space as provided in subsection (D) of this section.

D.    For multifamily or combination multifamily/single-family land divisions, developments shall equal ten percent (10%) dedication of open space of the net built area. (Ord. 575 § 15, 2009; Ord. 548 § 2 (Exh. C) (part), 2007)

18.48.130 Signs.

A.    Purpose. This sign ordinance is adopted under the zoning authority of the city in furtherance of the more general purposes set forth in Section 18.48.010. The purposes of this section are to:

1.    Encourage the effective use of signs as a means of communication in the city;

2.    Improve the city of Rainier’s appearance, economic development, and growth;

3.    Improve pedestrian and traffic safety;

4.    Minimize the adverse effect of signs on nearby public and private property; and

5.    Allow for fair and consistent enforcement of these sign restrictions.

B.    Definitions.

1.    For words and phrases that are not defined here, Chapter 18.08 general provision definitions apply.

2.    All other words and phrases will be given their common, ordinary meaning, unless the context clearly requires otherwise.

3.    The section headings or captions are for reference purposes only and will not be used in the interpretation of this section.

“Art” means the expression or application of human creative skill and imagination, in a visual form such as painting or sculpture, producing works to be appreciated primarily for their beauty or emotional power without the overt conveyance of any particular message.

“Banner” means any sign of lightweight fabric, or similar material, that is permanently mounted to a pole or building by a permanent frame at one or more edges. (Note: National flags, state or municipal flags, or the official flag of any institution or business are not considered banners.)

“Beacon” means any light with one or more beams that rotate or move, directed into the atmosphere, or directed at one or more points on a lot, different from the light source.

“Building face” means that portion of any exterior elevation of a building or other structure extending from grade to the top of a wall and the entire width of that particular building or structure elevation.

“Building marker” means any sign cut into a masonry surface or made of bronze or other permanent material indicating:

•    The name of a building;

•    The date; and

•    Incidental information about its construction.

“Flag” means any fabric or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other similar entity.

“Furniture zone” means the area of sidewalk between the curb and the clear mobility area of the sidewalk.

Lot. See Section 18.144.040, “Lot” definition.

“Marquee” means any permanent roof-like structure projecting:

•    Beyond a building; or

•    Extending along and projecting from the wall of the building.

Note: Marquees are generally designed and constructed to provide protection from the weather.

“Message” means any wording, logo, or other representation that bears a name, direction, warning, information or advertisement.

“Mural” means a work of art painted or applied to a wall of a building or other structure.

“Pennant” means any material suspended from a rope, wire, or string and designed to move in the wind. Note: A pennant does not need to contain a message of any kind.

“Scoreboard” means a sign that is adjacent to and on the same site as an athletic field or other competition that displays information or statistics about the game or activity.

“Shielded light source” means: (1) an artificial light source directing light on a sign that is diffused or directed to eliminate glare and housed to prevent damage or danger; or (2) a light source located within a sign that is shielded with a translucent material of sufficient opacity to prevent the visibility of the light source; or (3) a light source designed to directly display a message (e.g., LED and neon lighting), that is specifically designed by its manufacturer for outdoor use.

“Sign” means a surface or object bearing a message that is displayed for public view.

“Sign, animated” means a sign or display manifesting either kinetic or illusionary motion occasioned by natural, manual, mechanical, electrical, or other means and when the message changes more than eight times per day. Animated signs include the following types (also see and note difference from changeable sign):

•    Naturally Energized. Signs whose motion is activated by wind or other atmospheric impingement. Wind-driven signs include: flags, banners, pennants, streamers, spinners, metallic disks, or other similar devices designed to move in the wind.

•    Mechanically Energized. Signs manifesting a repetitious preprogrammed physical movement or rotation in either one or a series of planes activated by means of mechanically based drives.

•    Electrically Energized. Illuminated signs whose motions or visual impression of motion is activated primarily by electrical means. Electrically energized animated signs are of two types:

–    Flashing Signs. Illuminated signs exhibiting a pre-programmed repetitious cyclical interruption of illumination from one or more sources in which the duration of the period of illumination (on phase) is either the same as or less than the duration of the period of darkness (off phase), and in which the intensity of illumination varies from zero (off) to one hundred percent (100%) (on) during the programmed cycle.

–    Illusionary Movement Signs. Illuminated signs exhibiting the illusion of movement by means of a pre-programmed repetitious sequential switching action in which illuminated elements of the sign are turned on or off to visually simulate the impression of motion, characteristic of chasing, running, blinking, oscillating, twinkling, scintillating, or expanding and contracting light patterns.

Sign, Area Of.

•    Projecting and Freestanding. The area shall be within a single, continuous perimeter of the sign face. The area of any double-faced signs shall be calculated by determining the area of one face or side of the sign.

•    Wall Sign. The area shall be within a single, continuous perimeter composed of any rectilinear geometric figure that encloses the extreme limits of the sign.

•    Changeable Copy Signs. Each side of changeable copy signs shall count as individual sign areas.

“Sign area total” means the total area allowed for all freestanding, projecting, suspended, marquee and canopy signs, and flags with messages on a project site. The sign area total is found by adding the area of each of the different signs together. Wall signs, banners, portable signs, building markers, identification signs, and integral roof signs are not subject to the sign area total, but are subject to other standards.

“Sign, building” means any sign attached to any part of a building.

“Sign, canopy” means any sign that is a part of, or attached to:

•    An awning;

•    Canopy; or

•    Other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area.

Note: A marquee is not a canopy.

“Sign, changeable copy” means a sign with informational content of characters, letters, graphics or illustrations that can be changed or altered by manual or electric, electro-mechanical, or electronic means that can be changed or rearranged without altering the surface of the sign. Changeable copy signs include:

•    Manually Activated. Sign with alphabetic, pictographic or symbolic informational content that can be changed or altered by manual means.

•    Electrically Activated. Sign with alphabetic, pictographic, or symbolic informational content that can be changed or altered on a fixed display surface composed of electrically illuminated or mechanically driven changeable segments. This includes the following two types:

–    Fixed Message Electronic Sign. Not an animated sign.

–    Computer Controlled Variable Message Electronic Signs. Signs with informational content that can be changed or altered by means of computer driven electronic impulses. Minimum delay shall be set at two seconds.

“Sign, dynamic” means a sign or portion thereof that appears to have movement or that appears to change using any method other than a person physically removing and replacing the sign or its components. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, “digital ink” or any other method or technology that allows the sign face to present a series of images or displays.

“Sign, electrical” means a sign or sign structure in which electrical wiring, connections, or fixtures are used.

“Sign, electric awning” means an internally illuminated fixed space-frame structure with translucent, flexible, reinforced covering designed in awning form and with graphics of copy applied to the visible surface of the awning.

Sign, Flashing. (See “Sign, animated, Electrically Energized.”)

“Sign, freestanding” means any sign supported by structures or supports that are placed on, or anchored in, the ground and independent from any building or other structure.

“Sign, identification” means a sign that is used to identify the tenant of a residential building for visitors. Identification signs typically consist of an individual’s last name and have no other message. When a message other than the individual’s name is included, the sign is classified under the relevant sign type and is subject to the provisions of that sign type under this code.

“Sign, incidental” means a sign that assists visitors to a land use in matters such as parking and navigation of the site, once they are on the site of the land use. Examples include “no parking,” “entrance,” “loading only,” “telephone.”

“Sign, illuminated” means a sign or portion thereof that:

•    Incorporates an artificial light source as part of the sign including, but not limited to, a sign with LED lights, neon lights or an interior light.

•    A sign that has an artificial light source directed upon it.

“Sign, marquee” means any sign permanently attached to or made a part of a marquee.

“Sign, nonconforming” means any sign that does not meet the requirements of this section.

“Sign, portable” means any sign:

•    Not permanently attached to the ground or other permanent structure; or

•    Designed to be transported, such as:

–    Signs designed to be transported by wheels (reader boards);

–    Signs converted to A- or T-frames;

–    Menu and sandwich board signs;

–    Balloons used as signs (counts against total signage for site); and

–    Umbrellas.

“Sign, projecting” means any sign attached to a building or wall where its leading edge extends more than six inches beyond the building or wall surface.

“Sign, residential” means any sign that:

•    Is located in a district zoned for residential uses;

•    May contain a message advertising for goods or services legally offered on the premises where the sign is located; and

•    Conforms to the requirements of Title 18, Division 3—Development Standards—Zoning.

“Sign, roof” means any sign:

•    Erected and constructed wholly on and over the roof of a building;

•    Supported by the roof structure; and

•    That extends vertically above the highest portion of the roof.

“Sign, roof, integral” means any sign erected or constructed as an integral or essentially integral part of a normal roof structure where no part of the sign:

•    Extends vertically above the highest portion of the roof; and

•    Is separated from the rest of the roof by more than six inches.

“Sign, snipe” means a temporary sign or poster affixed to a tree, fence, telephone pole, public bench, streetlight, public property, or public right-of-way, except government signs.

“Sign, suspended” means a sign that is:

•    Suspended from the underside of a horizontal plane surface; and

•    Supported by that surface.

“Sign, temporary” means any sign that is not permanently mounted and that contains a message for a particular event or happening that will render the sign obsolete upon the event or happening.

“Sign, wall” means any sign that is:

•    Displaying only one sign face; and

•    Supported by a wall or building where it is:

–    Attached no more than six inches away from and parallel to a wall;

–    Painted on the wall surface; or

–    Erected and confined within the limits of an outside wall of any building or structure.

“Sign, window” means any sign, pictures, symbol, or combination of these that is:

•    A message about the activity, goods, commodity, event, sale, or service on the premises;

•    Placed inside a window, or on the windowpanes or glass; and

•    Visible from the exterior of the window.

Streets. See Section 18.08.220, “Street” definition.

Street Frontage. See Section 18.08.090, “Frontage” definition.

C.    Scope and Effect. This section applies to erecting, placing, establishing, painting, creating, or maintaining a sign in the city of Rainier. The effect of this section is to:

1.    Establish a permit system to allow a variety of sign types in commercial and industrial zones, and a limited variety of signs types in other zones, subject to the standards and permit procedures of this section.

2.    Provide for the enforcement of the provisions of this section.

D.    Prohibited Signs. The following types of signs are prohibited in all zones:

1.    Abandoned signs;

2.    Search lights (except by permit for a limited time during a once per year event);

3.    Pennants, festoons, balloons, and inflatable devices except as allowed in subsection (E) of this section that contain a message;

4.    Signs imitating or resembling official traffic or government signs or signals;

5.    Snipe signs;

6.    Signs placed on vehicles or trailers which are parked or located for the primary purpose of displaying the sign unless otherwise specifically allowed by this section (this does not apply to allowed portable signs or to signs or lettering on buses, taxis, or vehicles operating during the normal course of business and excludes signs to advertise the sale of said vehicle);

7.    Signs placed on a site other than the property that contains the use or activity that the sign is advertising, when this sign placement is done to circumvent the area limitations or other standards of this provision;

8.    Flashing signs not conforming to subsection (J)(4) of this section;

9.    Illusionary movement signs not conforming to subsection (J)(4) of this section;

10.    Any sign, structure or supporting structure that is torn, damaged, defaced, or destroyed (see subsection (M) of this section);

11.    Illuminated signs in residential zones, provided address signs may be illuminated;

12.    Illuminated temporary signs;

13.    Any signs that exceed the maximum sign quantity and size per business specified in Table 18.48-6; and

14.    Signs otherwise not permitted.

E.    Signs Not Requiring Permits or Exempt from this Regulation. The following types of signs are exempted from permit requirements but must be in conformance with all other requirements of this chapter:

1.    Construction signs of thirty-two (32) square feet or less so long as the signs are removed within ten (10) days of project completion;

2.    On-site directional/informational signs of two square feet or less in sign area;

3.    Seasonal or special events decorations;

4.    Works of art;

5.    Nameplates of two square feet or less in sign area, which are fastened directly to the building or structure;

6.    Temporary signs not to exceed sixteen (16) square feet in sign area so long as the sign is removed within ten (10) days after the event or happening;

7.    Any public notice or warning sign required by a valid and applicable federal, state, or local law, regulation, or ordinance;

8.    Holiday lights and decorations;

9.    Window signs; provided, that they comply with the size requirements of Table 18.48-6;

10.    Incidental signs;

11.    Any sign not legible from more than three feet beyond the lot line of the lot or parcel where the sign is located;

12.    Address identification signs with text no greater than ten (10) inches in height, or conforming to fire department regulations;

13.    Historical plaques on sites designated by a governmental agency;

14.    Government signs;

15.    Building markers;

16.    Portable signs, as long as the signage does not exceed the maximum number and size per business shown in Table 18.48-6;

17.    Identification signs;

18.    Signs designated by the Rainier city council as a sign of historical, community significance;

19.    Flags, not containing a message. Note: Any pole over six feet in height must obtain a building permit.

F.    Abandoned and Obsolete Signs.

1.    Legal conforming structural supports for obsolete signs may remain if they are installed with a blank sign face and the supporting structures are maintained.

2.    Signs abandoned for thirty (30) days without the installation of a blank sign face and/or the maintenance of supporting structures are not allowed. If the city notifies the owner, the owner shall have thirty (30) days to bring the sign into compliance or remove the sign and its support structure.

G.    Lighting. All lighting shall be in accordance with the current edition of the National Electrical Code. Unless otherwise prohibited by this chapter, all signs may be illuminated by one of the following methods:

1.    Internal lighting;

2.    External direct lighting that is pointed downward when possible; and

3.    Neon.

a.    Signs containing neon lettering and graphics shall be limited to the same size and height limitation as other commercial signs in that zone. If a neon element is proposed to occur on a wall sign or other sign that is not subject to the sign area total, the area around the neon portion of the sign cannot exceed sixty-four (64) square feet in size.

b.    Neon may be used to outline a sign or as a graphic within a sign. Lettering height shall be limited by the ability of the lettering to be contained within the sign’s size constraints.

c.    Flashing or animated neon signs are not allowed.

d.    Neon signs are only allowed in commercial and industrial zones.

H.    Changeable Copy. Unless otherwise specified by this chapter, any sign herein allowed may use manual, automatic, electrical, or mechanical activated changeable copy. No permit is required to change copy on a legally permitted sign.

I.    Signs Allowed on Private Property Subject to Permit Process.

1.    Signs are allowed on private property subject to the permit approval type listed in Table 18.48-5, unless otherwise noted within this section:

Table 18.48-5 Permitted Signs by Type and Zoning District 

Sign Type

All Residential

Institutional Uses Permitted in Residential Zones

Commercial/Industrial

Public/Semi-Public

Banner

 

 

A

A

Canopy

 

 

P

P

Incidental

 

A

A

A

Identification (Residential)

A

 

A

 

Integral Roof

 

 

P

 

Flag

 

P

P

P

Freestanding

 

P

P

P

Marquee

 

 

P

P

Portable

 

 

A

A

Projecting

 

 

P

P

Residential

A

 

 

 

Roof

 

 

P

 

Suspended

 

P

P

 

Temporary

A

 

P

P

Wall

 

P

P

P

Window

 

 

A

 

Blank Cell = Not Allowed

A = Allowed w/o Permit

P = Permit Required

    Note: Column labeled “Institutional Uses Permitted in Residential Zones” applies to institutional uses as defined in Section 18.144.040. Uses may include, but are not limited to, group homes, hospice care centers, nursing homes, assisted living facilities, day care facilities, religious assembly uses, funeral homes, and cemeteries.

2.    If the letter “P” appears for a sign type in a column, the sign is allowed only with prior permit approval in the zoning districts represented by that column. Special conditions may apply in some cases.

3.    If the letter “A” appears for a sign type in a column, the sign is allowed without the need to obtain permit approval in the zoning districts represented by that column.

4.    If cell is blank, the sign is not allowed under any circumstances in the zoning districts represented by that column.

J.    Sign Permits.

1.    When a sign permit is required, the property owner must secure a sign permit prior to the construction, placement, erection, or modification of the sign in accordance with subsections (K) and (L) of this section.

2.    No signs will be erected in public rights-of-way except in accordance with subsection (P) of this section and the relevant permit requirements of subsection (K) of this section.

3.    No sign permit of any kind will be issued for an existing or proposed sign unless the proposed sign meets the requirements of this section.

4.    Prior to issuance of an illuminated sign permit, the applicant shall provide a written certification from the sign manufacturer that the light intensity has been factory preset not to exceed the levels specified in subsection (M)(4) of this section.

K.    General Application Procedures. The following will govern the application for, and issuance of, all sign permits under this regulation.

1.    Applications. All applications for a sign permit shall be submitted to the city in accordance with the application requirements specified by the designee.

2.    Fees. Each application for a sign permit will be accompanied by applicable fees established by the most currently adopted fee schedule.

3.    Permit Action. The designee will either issue a permit, request additional information, request application modification to meet requirements of this section or deny the permit.

4.    Lapse of Sign Permit. A sign permit will lapse automatically if:

a.    The business license for the premises lapses, is revoked, or is not renewed; or

b.    The activity on the premises is discontinued for a period of one hundred eighty (180) days or more and is not renewed within thirty (30) days of a notice from the city to the last permit holder, sent to the premises, that the sign permit will lapse if the activity is not renewed.

5.    Assignment of Sign Permits. A current and valid sign permit is freely assignable to a successor owner of the property or holder of a business license for the same premises. The assignment is accomplished by filing for a business license.

L.    Permits to Construct or Modify Signs. Sign permits will be issued in accordance with the following requirements and procedures:

1.    Permit for New Sign or for Sign Modification. The application shall include two sets of plans drawn to scale that show in sufficient detail the following:

a.    The proposed location and its relationship to the other principal buildings on the lot and on adjacent properties.

b.    The size and height of the sign, including any height associated with the base of the sign.

c.    The elevation of the centerline of the roadway upon which the sign is oriented, when applicable.

d.    The material of the sign and supporting pole or structure.

e.    A drawing of any landscaping or other base upon which the sign will be placed.

f.    Any other information required by the building official to accurately review the application for conformance to the code, including but not limited to a review by a certified land survey and/or professional engineer.

2.    Inspection. If construction is complete and in full compliance with this section and the building and electrical codes, the sign(s) will be permitted by the city.

M.    Sign Construction and Maintenance. All signs must be designed, constructed, and maintained in accordance with the following standards:

1.    All signs must comply with applicable provisions of adopted building and electrical codes of the city at all times.

2.    Except for banners, flags, pennants, temporary signs, and certain window signs, all signs must be constructed of permanent materials and be permanently attached to the ground, a building, or other structure by direct attachment to a rigid wall, frame, or structure.

3.    All signs must be maintained in good structural condition, in compliance with all building and electrical codes, and in conformance with this code, at all times. Banners or flags with messages that have been torn, damaged, or destroyed are not considered to be in good structural condition.

4.    All illuminated signs shall:

a.    Have a shielded light source;

b.    Not exceed a maximum light intensity of five thousand (5,000) nits (candelas per square meter) during daylight hours and a maximum light intensity of five hundred (500) nits between dusk to dawn as measured from the sign’s face at maximum brightness; and

c.    Be equipped with:

i.    An automatic dimmer control to produce the illumination change required by subsection (M)(4)(b) of this section; and

ii.    A means to immediately turn off the display or lighting if the illuminated sign malfunctions.

N.    Sign Area and Height. The following requirements apply when determining sign area and sign height:

1.    Area of Individual Signs. The area of individual signs is determined using the method found in the definition “Sign, area of.”

2.    Sign Height.

a.    The height of a sign is determined as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade is the lower of:

i.    The existing grade prior to construction; or

ii.    The newly established grade after construction, exclusive of any fill, berm, mound, or excavation solely for locating the sign.

iii.    When the normal grade cannot reasonably be determined, sign height must be computed by assuming the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the lot, whichever is lower.

b.    For roof signs, sign height is measured from the normal grade of the building, not the roof.

O.    Number, Dimensions, and Location of Signs.

1.    Signs are allowed subject to the standards listed in Table 18.48-6.

 

Table 18.48-6 Dimensions of Individual Signs by Zone District 

Sign Type

All Residential

Institutional Uses Permitted in Residential Zones

Commercial

Industrial

Public/ Semi-Public

TOTAL ALLOWED SIGN AREA PER BUSINESS—Applies to freestanding, projecting, suspended, roof, marquee and canopy signs, and flags with messages

8(1)

20(1)

64(1)

64(1)

64(1)

Maximum Sign Height

5

10

20

12

12

STANDARDS FOR SIGNS THAT ARE NOT SUBJECT TO THE ALLOWED SIGN AREA TOTAL

 

 

 

 

 

Banner

Maximum Sign Area (Square Feet)

8

8

20

20

20

Number Permitted

Per Lot

1

1

Per Feet of Street Frontage (Per Street)

1/100

1/200

1/400

Building Marker

Maximum Sign Area (Square Feet)

4

4

4

4

4

Number Permitted (Per Building)

1

1

1

1

1

Identification

Number Permitted (Per Residence)

3

3

3 (for residential uses)

Portable

Maximum Sign Area (Square Feet)

6

6

8

8

8

Number Permitted (Per Business)

1

1

1

1

1

Roof, Integral

Number Permitted (Per Building)

NP

NP

2

2

2

Wall

Maximum Sign Area (Square Feet)

2

10

Maximum Wall Area (in Percent)

10%

5%

5%

ADDITIONAL STANDARDS

No illumination of signs in residential zones except address (per subsection (D)(11) of this section).

    Note: Column labeled “Institutional Uses Permitted in Residential Zones” applies to institutional uses as defined in Section 18.144.040. Uses may include, but are not limited to, group homes, hospice care centers, nursing homes, assisted living facilities, day care facilities, religious assembly uses, funeral homes, and cemeteries.1 The percentage figure means the percentage of the area of the wall where the sign is located or where the sign is most nearly parallel.

    (1) This number represents the total sign area allowed per business. This total is achieved through the addition of the area of every sign on a project site, except for those signs that are not subject to the sign area total.

2.    Signs must be located to allow a clear view at every intersection between heights of three feet and ten (10) feet in a triangle formed by the corner and points on the curb thirty (30) feet from the intersection or entranceway.

P.    Signs in the Public Right-of-Way. No signs will be allowed in the public right-of-way, except:

1.    Permanent Signs. The following permanent signs may be allowed in the public right-of-way.

a.    Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic;

b.    Bus stop signs erected by a public transit company;

c.    Informational signs of a public utility or franchisee regarding its poles, lines, pipes, or facilities; and

d.    Awning, projecting, and suspended signs projecting over a public right-of-way meeting the requirements of Table 18.48-7. When these signs are suspended or project above a public right-of-way, the issuance and continuation of a sign permit will be conditioned on the sign owner obtaining and maintaining liability insurance of at least one million dollars ($1,000,000) per occurrence per sign.

2.    Temporary Signs. A temporary sign may be placed in the right-of-way provided:

a.    The sign meets the requirements of Tables 18.48-6 and 18.48-7; and

b.    A portable sign in front of a business may be placed in a sidewalk’s furniture zone if it allows at least four feet in width of open sidewalk area.

3.    Emergency Signs. Emergency warning signs may be allowed in the public right-of-way when they are erected by:

a.    A government agency;

b.    A public utility company; or

c.    A contractor doing authorized or permitted work.

4.    Manual for Uniform Traffic Control Devices. When applicable, signs in the right-of-way must comply with the MUTCD. No sign may be erected or maintained that interferes with autonomously operated vehicles.

5.    Other Signs. Any sign installed or placed on public property, except in conformance with the requirements of this section, will be forfeited to the public and subject to confiscation. In addition to other remedies in subsection (L) of this section, the city will have the right to recover from the owner or person placing the sign the full costs of removal and disposal of the sign.

Table 18.48-7 Minimum Clearance for Permanent and Temporary Signs That Project over a Public Right-of-Way

Minimum Clearance Required for Signs That Project over a Right-of-Way

Clearance required over a sidewalk

9 feet

Clearance required over a street

12 feet

Q.    Signs Existing on the Effective Date. For any sign existing in the city after the adoption of this section, the sign will be considered an existing conforming or nonconforming sign.

1.    Nonconforming Existing Signs. Signs will be considered a nonconforming sign when:

a.    The sign was in existence on or before September 25, 2011, or on a later date when a property is annexed to the city; and

b.    The sign was constructed in accordance with the ordinances and other applicable laws in effect on the date of its construction, but does not meet these requirements because of its size, height, location, design, or construction.

c.    A nonconforming sign that existed on September 25, 2011, is allowed to remain in place until the sign is replaced or the cost of maintenance for the sign exceeds fifty percent (50%) of its value. The degree or extent of the nonconformity shall not be increased.

d.    Any nonconforming sign will either be eliminated or made to conform to requirements of this section when any proposed change, repair, or maintenance would constitute an expense of more than fifty percent (50%) of the lesser of the original value or replacement value of the sign.

e.    This section does not apply to changing information on the face of an existing nonconforming sign.

2.    Conforming Existing Signs. A conforming sign that existed on September 25, 2011, and meets the requirements of this code is allowed to remain in place without a permit until the sign is replaced or the cost of maintenance for the sign exceeds fifty percent (50%) of its value. A permit is required once the maintenance of the sign exceeds this fifty percent (50%) threshold.

R.    Variances.

1.    Any person may apply to the designee for a variance from the requirements of this chapter. The sign variance shall be processed pursuant to Section 18.20.080 and shall also base the findings and conclusions on the following criteria:

a.    The variance does not conflict with the purpose and intent of the sign regulations.

b.    The variance shall not constitute a grant of special privilege inconsistent with the limitation upon signage of other properties that have had to conform to the provisions of this chapter.

c.    There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that are not contemplated or provided for by this chapter.

d.    The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated.

e.    Alternative signage concepts that comply with the provision to which the variance is requested have been evaluated, and an undue hardship would result if the strict adherence to the provision were required.

2.    Conditions may be imposed upon the application as deemed necessary by the designee. No variance may be granted that would increase the number of signs allowed by this chapter or allow a type of sign that is prohibited by this section. The fee for an administrative variance is based on the adopted fee schedule.

S.    Enforcement.

1.    Sign Removal Required. A sign that was constructed, painted, installed, or maintained in conformance with a permit under this section will be required to be removed within thirty (30) days’ notice from the city when:

a.    The permit has lapsed subject to subsection (K)(4) of this section.

b.    The sign is no longer in good structural condition or in compliance with all building and electrical codes.

2.    Lapse of Nonconforming Sign Status. Allowance of a nonconforming sign will lapse and become void under the same process as any other sign permit that may lapse and become void.

3.    Violations. The following are violations of this section and subject to enforcement provisions of Section 18.12.130:

a.    To install, create, erect, or maintain any sign:

i.    Without a permit, if a permit is required; or

ii.    In a way that is inconsistent with any permit governing the sign or lot where the sign is located.

b.    To fail to remove any sign that:

i.    Is installed, created, erected, or maintained in violation of this regulation; or

ii.    Has a lapsed permit.

Each day of continued violation will be considered a separate violation for each sign installed, created, erected, or maintained when applying penalty portions of this regulation.

T.    Construction.

1.    Not Content Based. The city recognizes that content-based laws target speech based on its communicative content, they are presumptively unconstitutional and may be justified only if the government proves that they are narrowly tailored to serve compelling state interests. Except where a compelling state interest is involved such as the control of public safety matters, this section does not in any way deal with the content of signs other than as expressly stated.

2.    Narrowly Construed. This section shall be narrowly construed so as to impose the least impingement on free speech and expression as is consistent with the exercise of the police power of the city.

3.    No Criminal Activity Permitted. Nothing in this subsection shall be construed as permitting the public display of illegal pornography, the solicitation for the commission of crimes, or treason.

U.    Signs of Historical Community Significance.

1.    A sign may be designated by the city council as a sign of historical community significance if it meets the following criteria:

a.    The sign was placed in a prominent location along Highway 507 before September 25, 2001, even if the sign was not physically sited at its location at that time; and

b.    The sign was a landmark of the city of Rainier for citizens and passing motorists.

2.    When a sign of historical community significance is reestablished after a period of absence, the sign shall be restored to its historic appearance, height, and width in order to be classified as historically significant. If the sign is altered, including but not limited to additional messaging that was not historically present, the sign shall not be considered historically significant. (Ord. 649 § 1, 2016: Ord. 616 § 2 (part), 2012; Ord. 598 § 1, 2011: Ord. 548 § 2 (Exh. C) (part), 2007)

18.48.140 Design standards.

(Reserved). (Ord. 548 § 2 (Exh. C) (part), 2007)