Chapter 17.54
GENERAL REGULATIONS

Sections:

Article I. Requirements for All Districts

17.54.010    Use regulations – Subject to general provisions.

17.54.020    Yards.

17.54.030    Curbs, gutters, sidewalks, and driveways.

17.54.035    Swimming pool requirements.

17.54.040    Fences.

17.54.045    Electric fences.

17.54.047    Small-scale home occupations.

17.54.048    Large-scale home occupations.

17.54.049    Special building heights.

17.54.050    Area and dimensional regulations.

17.54.055    Accessory building requirements.

Article II. Single-Family Districts

17.54.060    Parking and area requirements.

17.54.070    Yard setbacks.

17.54.080    Porches, patios, and decks.

17.54.090    Design standards for manufactured homes.

17.54.095    Accessory dwelling units (ADUs).

Article III. Multifamily Districts

17.54.110    Conformity required.

17.54.120    Building articulation.

17.54.130    Usable outdoor space – Development.

17.54.140    Landscaping and parking plans required.

17.54.150    Automobile parking – Double use – Addition to site area.

17.54.160    Parking areas and driveways – Screening.

17.54.170    Landscaping – Maintenance.

17.54.190    Recreational areas.

Article IV. Mobile Home Park Districts

17.54.200    Streets and walkways.

17.54.210    Utilities.

17.54.220    Additions and improvements – Permit required.

17.54.230    Street names – Site numbering.

17.54.240    Screening – Planting strips – Maintenance.

17.54.250    Recreational areas.

17.54.260    Fire protection.

17.54.270    License required.

17.54.280    Office required – License display requirements.

17.54.290    Manager – Duties.

Article V. Office and Commercial Districts

17.54.300    Design – Advertising – Screening.

17.54.310    Nonresidential building adjoining family residential – Conformance required.

17.54.320    Special screening requirements in the C-N district – Applicability.

17.54.330    Perimeter – Landscaping and screening in the C-N district.

17.54.335    Landscaping in C-L and C-G districts.

17.54.340    Perimeter screen in the C-L and C-G districts – Shrub requirements.

17.54.350    Landscaping and screening – Maintenance.

17.54.360    Landscaping and screening in the C-N district – Plot plan approval required.

17.54.370    Traffic circulation plan – Approval required.

17.54.380    Noise and vibration – Baffling required.

17.54.390    Architectural design.

17.54.400    Lighting.

17.54.410    Conditional residential buildings.

17.54.420    Motor vehicle repair shops – Plan approval required.

17.54.430    Garage and filling stations – Plan approval required.

17.54.440    Storage yards.

17.54.450    Adult use business – Locational requirements.

17.54.452    Essential public facilities.

17.54.453    Special provisions for specific types of essential public facilities.

Article VI. Industrial Districts

17.54.457    Provisions adopted by reference.

17.54.460    Architectural design.

17.54.463    Traffic circulation plan – Approval required.

17.54.464    Noise and vibration – Baffling required.

17.54.470    Landscaping and parking plans – Approval required.

17.54.480    Screening.

17.54.490    Landscaping maintenance.

17.54.495    Storage yards.

17.54.500    Lighting.

Article I. Requirements for All Districts

17.54.010 Use regulations – Subject to general provisions.

The use regulations and restrictions contained in this title are subject to the general provisions, conditions and exceptions contained in this chapter. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.020 Yards.

City council, on recommendation from the planning commission after a public hearing held by the planning commission, may establish a building line along certain streets throughout certain zones or throughout certain natural areas other than the setback requirements as established on the various zones by these regulations when it is found that to do so will protect public health, welfare, and safety and implement the development plan. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.030 Curbs, gutters, sidewalks, and driveways.

Curbs, gutters, sidewalks and driveways within easements shall meet the engineering standards of the city as enacted by ordinance. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.035 Swimming pool requirements.

A. The pool shall be located at least five feet from any side or rear property line not adjacent to a street, and a minimum three-foot-wide clear area shall be maintained around the perimeter of the pool. Swimming pools shall observe setbacks from streets, as noted in Table 17.54.050 or Note K of WRMC 17.54.050, as applicable.

B. The pool shall not be located within an easement. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 24-12 § 1 (Exh. A), 2012].

17.54.040 Fences.

The city will not require a building permit for the construction of all fences; see fees resolution for fee amount. In addition, fences above six feet in height shall require engineered construction plans, and provide engineering data indicating the fence’s ability to withstand the windloads expected in the city. Finally, no fence shall form a sight obstruction per WRMC 12.08.060, Visibility, and 12.50.010, Vegetation obstructions. Fences are permitted as follows:

A. Wire Mesh Fences without Slats.

1. Six feet high anywhere on the lot; provided, that they shall be no closer to a street right-of-way than the building setback line in the same zone, except as provided for in subsection C of this section.

2. Four feet high anywhere on the lot.

3. Wire mesh fences constructed in conjunction with public playgrounds, public utilities and other public installations up to the street right-of-way line, and such fences may be any height necessary for safety and security. Said fences must be approved by the city engineer to ensure they are installed in accordance with WRMC 12.08.060, Visibility.

B. Other Fences.

1. Six feet high anywhere on the lot; provided, that they shall be no closer to the street right-of-way than the building setback line in the zone, except as provided in subsection C of this section.

2. Three feet high anywhere on the lot.

C. Other Provisions.

1. Fence height shall be measured along the fence line to grade, i.e., top of fence.

2. Fences shall be constructed and maintained in accordance with the requirements of WRMC 12.08.060, Visibility.

3. For corner lots and lots with triple street frontages, fencing over three feet in height must be set back seven feet from the closest street improvement, i.e., back of sidewalk, or edge of pavement. At no point shall fences be permitted on the public right-of-way (see diagrams below).

4. Fences up to six feet high may be built up to the street right-of-way line and adjacent to arterial streets on lots having access to other streets when provisions for such fencing are included in approved subdivision plats. Said lots are adjacent to a limited access roadway per Chapter 12.01 WRMC, Functional Classification of Public Streets (see diagram below). When fences are constructed under this provision, the following requirements shall apply:

a. The adjacent strip of land between the fence and the back of curb or roadway shall be improved by the property owner concurrent with installation of fencing;

b. The property owner shall provide and maintain a treatment for the strip of land between the fence and the back of curb or roadway consisting of a minimum treatment with grass, decorative rock, bark, wood or any combination of such or similar materials in a manner that will minimize disturbance by natural elements or pedestrians;

c. No vehicular access is allowed through any such fence.

Diagram 1

Diagram 2

Diagram 3

[Ord. 15-17 § 1 (Exh. A), 2017; Ord. 36-13 § 1, 2013; Ord. 7-10 § 2, 2010; Ord. 40-07 § 1, 2007].

17.54.045 Electric fences.

A. Electric fences are permitted in the city only in areas zoned to allow large domestic grazing animals, and only for the purpose of containing large domestic grazing animals. For the purpose of this section, “large domestic grazing animals” are defined as cattle, horses, sheep, goats and llamas.

B. Electric fences shall be constructed of single-strand smooth wire. Electric fences shall not be constructed of barbed wire or twisted or serrated wire.

C. Electric fences shall be posted with permanent signs a minimum of 36 square inches in area at intervals of 15 feet stating that the fence is electrified.

D. Electric fences and related appliances, equipment and materials used in connection therewith shall be listed or labeled by a qualified testing agency, carry the “U.L. Approved” seal and shall be installed in accordance with the manufacturer’s specifications and in compliance with the National Electrical Code, and shall not be modified in any manner from their original manufactured condition.

E. Electric fences shall be set back at least six inches from a second and more substantial fence which runs along a property line which is parallel with and adjacent to public rights-of-way or public facilities; provided, that the second and more substantial fence, as provided for herein, may not be constructed of barbed wire or twisted or serrated wire, or any material which will easily catch or entangle clothing; and provided further, however, that the construction and location of all fences shall comply with all applicable laws, including zoning laws.

F. Electric fences shall be set back at least 36 inches from any nonsubstantial fence. A “nonsubstantial fence” is defined as any fence less than six feet in height, or any fence of open construction such as a picket fence, split-rail or rail fence, wire fence, wire mesh or metal fabric. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.047 Small-scale home occupations.

A. The purpose of the small-scale home occupation provision is to support local residents by providing them the option to use their residence for small-scale business activities that do not interfere with the residential character of their neighborhood. A small-scale home occupation permit may be authorized when the business meets all of the following requirements:

1. The home occupation must be clearly incidental and accessory to the residential use.

2. All on-premises work and storage must occur within the main residence or attached garage. The home occupation shall not occupy more than 500 square feet of the residence and attached garage.

3. All on-premises activities related to the home occupation are to be conducted only by members of the household.

4. No structural alteration or addition may be made to accommodate the home occupation, unless it is made in such a manner that the area would be suitable for typical residential purposes if it were not occupied by the home occupation.

5. No equipment shall be installed, no products shall be stored, and no activities shall be conducted that would violate the fire or building code limitations for a nonrated wooden structure (Construction Type V-B), regardless of the construction type of the dwelling.

6. No offensive noise, vibration, smoke, dust, odor, glare, electrical interference (including but not limited to cable, phone, radio, satellite, or television), or other detriments to neighboring properties or dwelling units shall be produced.

7. There shall be no exterior indications of the home occupation, other than those indications complying with subsections (A)(8) through (A)(12) of this section.

8. No more than a total of two vehicles/trailers associated with the home occupation shall be on or near the premises at any time. In addition, the vehicle(s) shall not be larger than a typical passenger van or one-ton pickup and the trailer(s) no more than 18 feet long (overall length). Box-style cargo vans, semi tractors/trailers, heavy equipment, and similar vehicles are not authorized.

9. Any vehicle or trailer associated with the home occupation that is not a typical passenger car or pickup must be parked off-street. Furthermore, vehicles and trailers are not to occupy any area within the front yard that is not designed for parking (e.g., no parking on the front lawn).

10. The combined number of customer, delivery, and employee vehicles visiting the property with the home occupation shall not typically exceed six per day, and they shall not arrive earlier than 7:00 a.m., nor leave later than 7:00 p.m. each day.

11. Vehicle traffic associated with the home occupation shall not be of an amount that would cause, or add to, any parking congestion problems, or represent a substantial increase in traffic through the residential area.

12. Signage must comply with the provisions set forth in WRMC 19.04.020(L), which allows one nameplate up to two square feet to be placed on the house.

13. The operator of the home occupation must receive a home occupation permit from the community development department. The permit shall be issued after receipt of an application demonstrating that the home occupation complies with the requirements of this title.

Examples of possible small-scale home occupations include:

a. Artist;

b. Consultant;

c. Computer work (accountant, architect, drafter, engineer, typist);

d. Internet (online)/mail/telephone sales (off-site delivery);

e. Music instructor;

f. Photographer;

g. Seamstress/tailor;

h. Teacher/tutor.

B. The following uses are not permitted as small-scale home occupations, due to their nonresidential character and/or potential impacts to neighboring properties:

1. On-premises bookstores or entertainment establishments;

2. Barber or beauty parlors, with more than one chair;

3. Equipment rental;

4. Funeral home or crematorium;

5. Animal kennel, stable, day care, and training;

6. Lodging or boardinghouse;

7. Machining, welding, or metal shop;

8. Slaughter and meat processing services;

9. Towing services;

10. Vehicle or heavy equipment alteration, repair (including body, engine and chassis), painting, sales, service, impound, or storage;

11. Wholesale sales, on-premises;

12. Any use generating, storing or utilizing hazardous materials in amounts greater than a typical household.

C. Applications for small-scale home occupations are to be processed as Type II permits, pursuant to WRMC Title 14. In granting approval of a small-scale home occupation permit, the director may require additional conditions, so that the home occupation does not detract from the residential character of the neighborhood.

D. Any small-scale home occupation that is granted approval may be subject to inspection and review at any reasonable time for purposes of verifying compliance. If, at any time, any of the small-scale home occupation requirements are not met, the director may revoke the permit. If a permit is revoked, there shall not be another home occupation permit issued for the applicant’s property for a period of six months, at which time the applicant may reapply. A decision to revoke a home occupation permit may be appealed to the city council, subject to Chapter 14.06 WRMC. Any appeal must be filed within 10 working days of when the permit was revoked. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 13-08 § 1, 2008].

17.54.048 Large-scale home occupations.

A. The purpose of the large-scale home occupation land use category is to provide an option for consideration of businesses or professional enterprises that somewhat exceed the limitations of the small-scale home occupation category, but that still maintain such characteristics and/or are located such that they are able to operate in a manner that does not interfere with the residential character of the neighborhood.

B. A large-scale home occupation is considered through the conditional use permit process. In addition to the conditional use permit criteria of Chapter 17.66 WRMC, large-scale home occupations shall meet the following requirements:

1. The home occupation must be clearly incidental and accessory to the residential use.

2. All on-premises work and storage areas must be conducted within the home, garage, or an accessory structure.

3. All on-premises activities related to the home occupation are to be conducted only by members of the household, provided up to two nonresident employees may work on the premises, when authorized through the conditional use permit review.

4. No structural alteration or addition may be made to accommodate the home occupation, unless it is made in such a manner that the area would be suitable for typical residential purposes if it were not occupied by the home occupation.

5. No equipment shall be installed, no products shall be stored, and no activities shall be conducted in the dwelling or attached garage that would violate the fire or building code limitations for a nonrated wooden structure (Construction Type V-B), regardless of the construction type of the dwelling. Any accessory structure used in the home occupation shall meet the fire and building code requirements applicable to its use.

6. No offensive noise, vibration, smoke, dust, odor, glare, electrical interference (including but not limited to cable, phone, radio, satellite, or television), or other detriments to neighboring properties or dwelling units shall be produced.

7. There shall be no exterior indication of the home occupation, other than those indications complying with subsections (B)(8) through (B)(12) of this section.

8. No more than a total of four vehicles/trailers associated with the home occupation shall be on or near the premises at any time.

9. Any vehicle or trailer associated with the home occupation that is not a typical passenger car or pickup must be parked off-street. Furthermore, vehicles and trailers are not to occupy any area within the front yard that is not designed for parking (e.g., no parking on the front lawn).

10. The combined number of customer, delivery, and employee vehicles visiting the property with the home occupation shall not typically exceed eight per day, and they shall not arrive earlier than 7:00 a.m., nor leave later than 7:00 p.m. each day.

11. Vehicle traffic associated with the home occupation shall not be of an amount that would cause, or add to, any parking congestion problems, or represent a substantial increase in traffic through the residential area.

12. Signage must comply with the provisions set forth in WRMC 19.04.020(L), which allows one nameplate up to two square feet to be placed on the house.

Examples of possible large-scale home occupations include:

a. Small-scale manufacturing or fabrication in an accessory building (no use of production line or automated equipment).

b. Contractors not meeting the small-scale home occupation requirements of WRMC 17.54.047.

c. Small-scale repair services.

C. The following uses are not permitted as large-scale home occupations, due to their nonresidential character and/or potential impacts to neighboring properties:

1. On-premises bookstores or entertainment establishments;

2. Barber or beauty parlors, with more than one chair;

3. Equipment rental;

4. Funeral home or crematorium;

5. Animal kennel, stable, day care, and training;

6. Lodging or boardinghouses;

7. Storage facilities (also known as mini-storage), as defined in WRMC 17.09.200;

8. Restaurants/drinking establishments;

9. Slaughter and meat processing services;

10. Towing services;

11. On-premises vehicle or heavy equipment repair (including body, engine and chassis), impound, and dismantling/wrecking.

D. Any large-scale home occupation may be subject to inspection and review at any reasonable time for purposes of verifying compliance with the requirements of this section and the conditional use permit. If, at any time, any of the large-scale home occupation requirements are not met, the planning commission may revoke the permit pursuant to WRMC 17.66.070. If a permit is revoked, there shall not be another home occupation permit issued for the applicant’s property for a period of six months, at which time the applicant may reapply. A decision to revoke a large-scale home occupation permit may be appealed to the city council, subject to Chapter 14.06 WRMC. Any appeal must be filed within 10 working days of when the permit was revoked. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 13-08 § 1, 2008].

17.54.049 Special building heights.

The following uses are permitted as primary and/or secondary uses in industrial districts as described below and may be permitted in all other districts subject to review in accordance with Chapter 17.66 WRMC and other applicable provisions of this code and the issuance of a conditional use permit by the planning commission; such that certain structures as listed below may be erected to a greater height than the limit established for the district in which such use or structure is located; provided, however, that all structures above the height otherwise permitted in all districts are designed and constructed to have a fall zone entirely within the area defined by the legal description of the property in which the structure is to be erected. These structures include: church spires; belfries; cupolas and domes; monuments; water towers; observation towers; flagpoles; radio and television transmission towers; telephone/telecommunications system antennas or towers; outdoor theater screens; smokestacks; cooling towers; grain elevators; windmills; and other structures when manufacturing process requires greater height, and single poles or metal towers erected for the purpose of supporting aerials for radio operators; provided, however, that no portion of the supporting structure overhangs or extends over abutting property. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 24-12 § 1 (Exh. A), 2012].

17.54.050 Area and dimensional regulations.

STANDARDS

CP

UT

RL-40

RL-20

RM-10

RM-6

MH-P

MR

C-N

C-L

C-G

CLI

LI

D-MU

Minimum setbacks of structure (feet): (H) (I) (K)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Front yard

(C) 15

200

(B) 25

(B) 25

20

20

See WRMC 17.36.060

(B) 15

20

(C) 20

(C) 15

(C) 15

(C) 25

See WRMC 17.49.090

Rear yard (G)

(C) 8

200

(F) 40

(F) 20

8

8

See WRMC 17.36.060

10

0

(C) 0

(C) 0

(C) 0

See WRMC 17.49.090

Side yard (G) (M)

(C) 5

200

(F) 20

(F) 10

5

5

See WRMC 17.36.060

(O) 0

0

(C) 0

(C) 0

(C) 0

(C) 10

See WRMC 17.49.090

Side yard, corner lot (G) (L)

25

200

20

15

15

15

See WRMC 17.36.060

15

15

15

15

15

15

See WRMC 17.49.090

Minimum lot area, interior lot, acres or thousand square feet (J)

200 acres

40

20

(M) 10

(M) 6

(A) 5

2,000

10

Single-family development = 4,000 s.f.

Multifamily development (including townhouses and rowhomes) = 2,000 s.f. per unit

Commercial development = No min. lot size

Minimum lot area, corner lot, acres or thousand square feet (J)

200 acres

40

20

12.5

7.5

(A) 5

2,000

10

Single-family development = 4,000 s.f.

Multifamily development (including townhouses and rowhomes) = 2,000 s.f. per unit

Commercial development = No min. lot size

Minimum width of street frontage (in linear feet)

1,000

45

45

40

40

40

30

40

40

40

40

Depth of lot, minimum

1,000

90

90

80

80

80

Maximum building height

(E) 28

28

(E) 28

(E) 28

(E) 28

(E) 28

28

30

30

30

30

40

40

(P)(Q) 40

Maximum lot coverage (%)

0.50

30

50

40

50

60

60

Maximum impervious surface (% of lot area)

90

90

90

90

95

90

Notes to Table 17.54.050

A.    Minimum setbacks for separate garages or accessory buildings ordinarily appurtenant to the conduct of farming, including barns and storage sheds for large farm machinery, shall not be less than 60 feet from the front lot line.

B.    No buildings shall be erected or altered so that any portion thereof shall be nearer to the front lot line than 25 feet, or nearer than 50 feet from the center of the right-of-way, whichever provides the greater setback; provided, those patent rights-of-way/easements within Section 6 and Section 8 of Willamette Heights that do not contain developed streets or driveways and are not shown as planned roadways or access easements on the adopted local roadway plan, require no setback. In such case, the building and any of its projections (eaves, etc.) are to be located outside of the patent rights-of-way/easements.

C.    Transition requirements may apply to office, commercial, industrial, and other nonresidential buildings. See Chapter 17.75 WRMC.

D.    Reserved.1

E.    1. Maximum building height as measured from grade plane to the height of the eaves (excluding gable) on a pitched roof, or to the top of the parapet on a flat roof, shall not exceed 28 feet; provided, that if the building is on a sloped lot, the downhill half of the building perimeter (measured along the exterior wall, but excluding bay windows, porches, decks and other minor projections) is permitted to be up to 38 feet in height, subject to the following:

a. The majority of the portion of the structure that is required to be 28 feet or less in height shall be directly and easily accessible to fire apparatus, as determined by the fire official; or

b. The building shall be sprinkled according to the standards of the International Building/Fire Code.

When the downhill portion of the house exceeds 28 feet, the top of the downhill portion of the building shall not extend above the elevation of the top of the uphill portion of the building.

2. If the building is a nonresidential structure such as a school, church or hospital and has a flat roof, building height may be up to 40 feet. Subsection G of this section also applies.

F.    Accessory buildings greater than 200 square feet in area or greater than eight feet in height shall be set back from the lot line a minimum of 10 feet.

G.    All sides of a lot that abut a street (whether the street is existing or reserved by an easement or right-of-way) are to be considered front yards as to setback requirements (see definition of “Yard, front”); however, when the lot is bordered by two or more streets, the setbacks for residential structures are authorized to be reduced as follows:

1. The opposing side yard frontage corner lot setback may be reduced as set forth above when the frontage is on a local street and at least one frontage maintains the full front yard setback.

2. If one of the streets is a limited access roadway, as specified by Chapter 10.24 WRMC, and the lot does not gain direct access from the limited access roadway, a minimum setback of 10 feet from the right-of-way of the limited access roadway is authorized for one nonhabitable accessory structure that is 200 square feet or less per lot.

3. If the lot is a “through lot” (also known as “double frontage lot”), a minimum setback of 10 feet from the rear property line is authorized for one nonhabitable accessory structure that is 200 square feet or less per lot.

4. If one of the streets is a private access road within a private access easement, serves less than four lots or dwellings, and the city engineer and planning director determine that it is not likely to ever provide access to more than four lots or dwellings, a setback of 10 feet shall apply from the private access easement.

H.    Exceptions to the setback requirements may be considered in accordance with WRMC 17.54.020, when applicable to a group of multiple lots. A setback exception pertaining only to an individual lot is to be considered through the variance process of Chapter 17.69 WRMC.

I.    Easements. Notwithstanding the setbacks specified in Table 17.54.050, no building is to be located within an established easement, or as permitted by WRMC 17.54.055(B)(3)(f) pertaining to Sections 6 and 8 of Willamette Heights.

J.    Lot Size. The minimum lot sizes indicated in Table 17.54.050 apply when the lot is served with city water and city sewer services. When the lot is not served with city water and city sewer, minimum lot size for new lots is 10 acres excluding the RL zoning district which may reduce to five acres with the following exception:

Exception: Minimum lot size in the RL-40 zoning district shall remain at 40,000 square feet when the existing lot (before division or reconfiguration) is greater than 500 feet from city sewer, and served with city water.

K.    Setbacks for Minor Utility Facilities. Minor utility facilities shall generally be exempt from the setback requirements of Table 17.54.050, provided they shall not be permitted to violate WRMC 12.08.060, Visibility, or other applicable setback requirements from other codes (fire, building, health, etc.).

L.    Not applicable to a garage door and/or carport opening which must maintain the front yard setback.

M.    Two-Family Dwellings (Duplexes).

1. Side yard setbacks for the common wall of a duplex shall be zero;

2. Minimum lot size when subdividing shall be three-fourths the minimum lot size for that zone (e.g., in the RM-10 zone the minimum lot size for one side of the duplex is 7,500 square feet), not to be less than 5,000 square feet.

N.    Side setbacks when adjoining a single-family zoning district shall be 10 feet.

O.    Side yard setbacks not applicable to townhouse/rowhouse developments – zero lot line permitted.

P.    New commercial and/or multifamily buildings within the downtown – mixed use district over 40 feet in height shall be reviewed via the conditional use permit process set forth in Chapter 17.66 WRMC.

Q.    Refer to WRMC 17.49.080.

[Ord. 15-17 § 1 (Exh. A), 2017; Ord. 3-15 § 1, 2015; Ord. 25-12 § 1 (Exh. A), 2012; Ord. 24-12 § 1 (Exh. A), 2012; Ord. 19-12 § 1 (Att. A), 2012; Ord. 14-11 § 1 (Att. A), 2011; Ord. 7-10 § 3, 2010; Ord. 35-09 § 1 (Exh. 1), 2009; Ord. 34-09 § 1 (Att. 1), 2009; Ord. 33-09 § 1 (Exh. 1), 2009; Ord. 9-08 § 1, 2008; Ord. 40-07 § 1, 2007; Ord. 9-01 § 1, 2001; Ord. 4-01 § 5, 2001; Ord. 316 § 30.9.4, 1979].

17.54.055 Accessory building requirements.

The following regulations apply to accessory buildings in the residential zoning districts, except the MH-P zone:

A. General Standards.

1. Accessory buildings shall not be built prior to the principal structure (primary dwelling unit), but may be built in conjunction therewith.

2. Accessory buildings are for personal use only and may not be used for dwelling or business activities, unless authorized through permit(s) provided for elsewhere in this title (e.g., accessory dwelling unit or major home occupation).

3. For purposes of this section (height and size limitations, setbacks, lot coverage, etc.), residential accessory buildings include sheds, shops, garages, carports, greenhouses, and similar structures, which are detached from the residence, or connected to the residence by only a breezeway, hallway, or other minor attachment. Residential accessory buildings also include patio covers, pergolas, gazebos, cabanas, decks 30 inches or more above grade, and similar structures, when detached from the main residence. If any of the types of structures mentioned in this subsection are attached to the residence, they shall be considered as part of such, and subject to the zoning requirements pertaining to the primary residential structure.

4. Container storage, as defined in WRMC 17.09.040, is not permitted.

5. Accessory buildings shall not be located within an easement.

6. The placement of all accessory buildings shall require written approval from the planning department, whether or not a building permit is required. The application shall include a site plan, floor plan and elevation drawing.

7. Accessory buildings requiring a building permit that are located on a property with an on-site sewage system (septic) shall require approval from the Benton-Franklin Health District prior to building permit submittal.

B. Development Standards.

1. Height. In the MR, RM-6 and RM-10 zoning districts, maximum building height to the top of the roof ridge shall not exceed 20 feet. In the RL-20 zone the maximum building height to the top of the roof ridge shall not exceed 25 feet in height.

2. Lot Coverage. Total lot coverage is limited as set forth in Table 17.54.050. In addition to the total lot coverage limitation, no individual accessory building in the MR, RM-6 and RM-10 zoning districts shall cover more than 10 percent of the lot, or exceed 960 square feet, whichever is less. In the RL-20 zone, no individual accessory building shall cover more than 10 percent of the lot, or 2,000 square feet, whichever is less. Exceeding the 960-square-foot and 2,000-square-foot and/or lot coverage limitations may only be considered through the conditional use permit process.

3. Setbacks.

a. Accessory buildings that are 200 square feet or less in size and have a roof ridge height of 12 feet or less, and are at least six feet from any other accessory building on the property, shall have a minimum setback of three feet from a side and rear property line that is not adjacent to a street; provided, the location is not within an easement. Also see Note I of WRMC 17.54.050.

b. Accessory buildings that are greater than 200 square feet in size or have a roof ridge height that is greater than 12 feet must meet the minimum setbacks for that zone.

c. Accessory buildings shall observe setbacks from streets, as set forth in Table 17.54.050, or Note G of WRMC 17.54.050.

d. Animal barns, shelters and coops shall maintain minimum setbacks of 50 feet from all neighboring residentially zoned property.

e. Decks and other platforms higher than two inches above average grade are not to be located within the required front yard setback, as stated in WRMC 17.09.260.

f. Lots in Section 6 and Section 8 of Willamette Heights may have accessory buildings within the patent rights-of-way/easements, provided:

i. The accessory building is on a nonpermanent foundation;

ii. The accessory building is 200 square feet or less in area and has a roof ridge height of 12 feet or less;

iii. The patent/easement is not shown as a “planned roadway” or “access easement” on the adopted local roadway plan;

iv. The patent/easement does not contain an established driveway or road;

v. The patent/easement does not contain any utilities (e.g., water, sewer, power, phone, cable, irrigation);

vi. The property owner signs a waiver that is recorded on the property indicating that the owner agrees to remove the accessory building from the easement within 10 days of receiving written notice from either the city, a utility, or a property owner relying on the easement for access or installation of utilities. It shall include a clause that the building may be removed by the city at the owner’s expense, if the owner fails to comply with the request.

g. Fire and/or building codes may have additional requirements and/or setbacks. In the case of a conflict, the most restrictive shall apply.

4. Architectural Design. Accessory buildings greater than 300 square feet shall have exterior siding materials typical of conventional site-built residences, such as stucco, lap siding, textured panel siding, or “board and batten” coordinated to match with existing structures. Alternatively, sheet metal siding may be used if the color of the siding and trim is coordinated to match the siding and trim of the main residence; and minimum 12-inch eaves are provided.

5. If an accessory building, or portion thereof, is to be used as an accessory dwelling unit, it must also comply with WRMC 17.54.095. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 17-15 § 4, 2015; Ord. 24-12 § 1 (Exh. A), 2012].

Article II. Single-Family Districts

17.54.060 Parking and area requirements.

In residential districts, the number of motor vehicles for which graveled or paved space must be provided as accessory to an authorized use shall be a minimum of two motor vehicle spaces for each dwelling. One space for an additional motor vehicle may be approved. The garage area is regarded as exclusive of this requirement.

A. In addition, parking for bed and breakfasts shall comply with the following:

1. All bed and breakfasts shall be located in single-family residences and shall exhibit no outward appearance of a business or of a nonresidential nature other than permitted signs.

a. All bed and breakfast operations managers shall live on the premises during those times that the establishment is occupied by guests.

b. A bed and breakfast shall provide designated off-street parking spaces for the operator guests which shall be compatible with adjacent properties.

c. All bed and breakfasts shall obtain a city business license and be inspected by the city’s fire marshal and building official prior to their establishment. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.070 Yard setbacks.

Building eaves, cornices, belt courses or similar ornamentations and fireplaces may project over a front, side or rear yard not more than two feet in residential districts. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.080 Porches, patios, and decks.

A covered porch, covered patio, deck 30 inches or higher, pergola, and any other roofed structure shall be considered a part of a building in the determination of the size of the yard or lot coverage. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.090 Design standards for manufactured homes.

All manufactured homes placed outside of the MH-P zoning district shall meet the following standards:

A. The manufactured home shall be a new manufactured home unless located in the RM-6 zoning district. Manufactured homes located in RM-6 zoning districts shall not be more than three years old; provided, the planning director, through the Type I review process, may authorize a manufactured home in the RM-6 zoning district that is more than three years old when he determines the proposed home is a substantial improvement over the dwelling it is replacing or is otherwise compatible with surrounding residential neighborhood.

B. The manufactured home shall be set upon a permanent foundation, as specified by the manufacturer, and the space from the bottom of the home to the ground shall be enclosed by concrete or an approved concrete product which can be either load bearing or decorative. This method is commonly referred to as “pit setting.”

C. The manufactured home shall comply with all design standards applicable to other homes in the neighborhood.

D. The manufactured home shall be thermally equivalent to the state energy code in effect at its time of manufacture. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.095 Accessory dwelling units (ADUs).

Accessory dwelling units established in conformance with the provisions of this section may be allowed as permitted uses or conditional uses on lots zoned for single-family dwellings, as specified by the applicable zoning district:

A. An accessory dwelling unit may be created through:

1. Internal conversion within an existing detached single-family dwelling;

2. Inclusion within a single-family detached dwelling at the time of its construction;

3. Conversion of an existing residential attached garage, when the garage to be converted is set back at least 40 feet back from the front property line;

4. The addition of new square footage to an existing detached single-family dwelling, when the addition is located at least 40 feet from the front property line. Attaching the addition by a breezeway or other nonsubstantial method, as determined by the planning director, shall cause the addition to be considered a separate detached dwelling unit for the purpose of all ADU zoning provisions; or

5. A separate detached dwelling unit on the same lot as the primary dwelling unit, when the accessory dwelling unit is located at least 10 feet behind the primary dwelling unit and is of site-built construction.

B. Development Standards. Accessory dwelling units shall comply with the following development standards:

1. Number. No more than one accessory dwelling unit (ADU) per legal lot is permitted and it must be accessory to a detached single-family residence. A lot occupied by two or more dwellings shall not be permitted to have an accessory dwelling unit.

2. Lot Area. No accessory dwelling unit shall be permitted on a lot less than 12,500 square feet. Minimum lot size for a detached accessory dwelling unit is 15,000 square feet.

3. Compliance. The ADU shall comply with applicable building, fire, and health and safety codes. The ADU shall be assigned a separate address, in conformance with Chapter 12.13 WRMC.

4. Lot Coverage, Setbacks and Height. An accessory dwelling unit shall conform to requirements for the primary residence, including, but not limited to: lot coverage; front, side and rear yard setbacks; and width of lot at the building line. Maximum building height for a detached ADU is 20 feet (the standard building height requirements of the underlying zone apply in each of the other situations).

5. Outbuilding Size. Where an ADU will occupy only a portion of an accessory structure, the lot coverage of the entire accessory structure may not exceed 10 percent.

6. Total Floor Area. The total gross floor area of an accessory dwelling unit shall not exceed 40 percent of the living area of the primary dwelling, or 800 square feet, whichever is less, with the following exception: if the ADU is to be completely located on a single floor of an existing house (e.g., situation where the basement is to be used as an ADU), the planning director may allow up to the entire floor to be used when it is not otherwise feasible to use the area representing the difference between the entire floor area and the normally permitted ADU size, provided in the case of such exception, the size of the ADU shall not exceed 50 percent of the total living area of both dwellings. In calculating living area, uninhabitable floor areas, such as the garages and unheated storage areas, are excluded.

7. Number of Bedrooms. An accessory dwelling unit shall not contain more than one bedroom.

8. Occupancy. No more than three people, of which no more than two are 16 years of age or older, shall reside in an accessory dwelling unit.

9. Parking. An accessory dwelling unit shall have a minimum of one on-site parking space. This space shall be in addition to the two on-site parking spaces for the primary dwelling.

10. Architectural Design. The exterior appearance of an accessory dwelling unit shall be architecturally compatible with the primary residence. Compatibility includes coordination of architectural style; exterior building materials and color; roof material, form and pitch; window style and placement; other architectural features; and landscaping.

11. Entrances. Only one entrance may be located on the front of the house, unless the front of the house already had more than one entrance or in the case of a detached ADU.

12. Utilities. To establish an accessory dwelling unit, both the primary dwelling and the ADU must be connected to city water and be served with a fire hydrant capable of providing the required fire flow. If public sewer is available, both units shall connect to public sewer. If public sewer is not available, the situation must be reviewed and approved by the Benton-Franklin Health District for suitability of the on-site septic system(s) and replacement area(s) prior to issuance of the building permit.

13. Connection Charges and Impact Fees. Connection charges and impact fees shall be as specified by the applicable ordinances and resolutions.

14. Owner Occupancy. Prior to the issuance of a building permit establishing an accessory dwelling unit, the property owner shall record a deed restriction with the Benton County auditor’s office. The document shall be in a form prescribed by the planning director and include a description of the location and size of the ADU and a covenant that one of the dwelling units is, and will continue to be, occupied by the owner of the property as the owner’s principal and permanent residence for as long as the other unit is being rented or otherwise occupied. The owner shall maintain residency for at least six months out of the year, and at no time receive rent for, or otherwise allow to be occupied the owner occupied unit when absent the remainder of the year. Falsely certifying owner occupancy shall be considered a violation of this title and is subject to the enforcement actions. [Ord. 15-17 § 1 (Exh. A), 2017; amended during 2010 recodification; Ord. 40-07 § 1, 2007].

Article III. Multifamily Districts

17.54.110 Conformity required.

Where a proposed multifamily apartment development faces or adjoins the front, side or rear yard of an existing group of relatively new, contemporary single-family dwellings which have established an aesthetic quality or character for the immediate vicinity, the proposed multifamily development shall observe and respect the established character of the existing residences, be harmonious in site arrangement, compatible in site development and landscaping, and reasonably integrated in such detail as roof shape, finish, materials, color, etc. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 19-12 § 1 (Att. A), 2012; Ord. 40-07 § 1, 2007].

17.54.120 Building articulation.

Building articulation and modulation shall be incorporated into the design of a multifamily building so as to reduce the mass of the structure (e.g., singular continuous rooflines not allowed across the units, garage openings offset; see diagrams).

[Ord. 15-17 § 1 (Exh. A), 2017; Ord. 19-12 § 1 (Att. A), 2012; Ord. 40-07 § 1, 2007].

17.54.130 Usable outdoor space – Development.

Development of usable outdoor space aboveground in a multifamily dwelling such as roof terraces, roof decks or balconies may be considered in addition to the area of the site. The minimum dimension of such balcony, terrace or deck shall be six feet and the minimum area 60 square feet. Such roof terraces, decks or balconies may in turn be roofed and may have screening walls. Such terraces, decks or balconies shall be surfaced for use, but shall not be usable by vehicles. Measurements shall be taken from inside of walls or railings. The areas of such terraces, decks or balconies added to the lot area shall not exceed the area of the dwelling unit or units having access to such usable outdoor space. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 19-12 § 1 (Att. A), 2012; Ord. 40-07 § 1, 2007].

17.54.140 Landscaping and parking plans required.

Plans showing the extent and design of the landscaping and parking areas shall be part of the plans required for a building permit. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 19-12 § 1 (Att. A), 2012; Ord. 40-07 § 1, 2007].

17.54.150 Automobile parking – Double use – Addition to site area.

Automobile parking for multifamily dwellings provided under the floors of, or on the roof of, habitable parts of the building may consider such area as being put to double use and may add to the area of the site two square feet for every square foot of such parking area. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 19-12 § 1 (Att. A), 2012; Ord. 40-07 § 1, 2007].

17.54.160 Parking areas and driveways – Screening.

Parking areas and driveways provided in a rear or side yard location, roofed or unroofed, shall be screened from adjoining properties by solid fencing or planting of evergreen materials that will constitute a solid screen within two years. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 19-12 § 1 (Att. A), 2012; Ord. 40-07 § 1, 2007].

17.54.170 Landscaping – Maintenance.

A. An underground irrigation system shall be provided to irrigate landscaped areas.

B. Shrubs and trees in the landscaping and screening shall be maintained in a healthy growing condition.

C. Dead or dying trees or shrubs shall be replaced and the planting area shall be maintained reasonably free of weeds and trash. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 19-12 § 1 (Att. A), 2012; Ord. 40-07 § 1, 2007].

17.54.190 Recreational areas.

In a multifamily district, recreation areas shall be established in each multifamily development in accordance with the following requirements:

A. One hundred fifty square feet of recreational area times the number of dwelling units, of which no more than 50 percent may be grass/lawn area.

B. The recreation area may contain community clubhouses, swimming pools, shuffleboard courts and similar facilities, provided the total recreational areas meet the above stated minimum size.

C. The recreation areas shall be easily accessible, improved and maintained in such a manner as to provide adequate recreational facilities for the residents of a multifamily development. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 19-12 § 1 (Att. A), 2012; Ord. 40-07 § 1, 2007].

Article IV. Mobile Home Park Districts

17.54.200 Streets and walkways.

A. The street system shall be continuous with no dead ends and with a minimum turning radius of 100 feet.

B. Minimum street width shall be 36 feet from curb to curb where on-street guest parking is provided.

C. All streets shall be paved and be provided with curbs and gutters; however, in mobile home parks operating on August 20, 1979, street dimensions set by previous standards can remain. This exception shall not apply to the paving of unpaved streets and walkways. Streets shall be paved with asphaltic concrete.

D. All walkways to service and/or community buildings shall be a minimum of three feet in width.

E. Entrance walks shall be a minimum of three feet in width and shall be provided from the street to the mobile home site. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.210 Utilities.

A. Domestic and irrigation water supplies and sanitary sewerage and disposal systems shall be provided in accordance with the Benton-Franklin District health office and city requirements.

B. Plumbing shall conform to the current edition of the Uniform Plumbing Code as adopted by the city.

C. Storm drainage systems shall meet city requirements. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.220 Additions and improvements – Permit required.

A. Building permits are required to erect, construct, enlarge, alter or repair any additions, carports, patio, utility sheds, fence or site screen on a mobile home site. All such work shall be accomplished in accordance with the city building code.

B. No permanent additions shall be made to any mobile home parked in a mobile home park without written approval of the Washington State Department of Labor and Industries and the mobile home park management.

C. No portion of any building or structure shall be permitted to encroach the required front, side or rear yards of any mobile home site. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.230 Street names – Site numbering.

Every private street within the mobile home park boundaries shall be named and the names clearly posted. Every mobile home site shall have a number which will be clearly visible from the roadway at all times. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.240 Screening – Planting strips – Maintenance.

A. A planting strip, not less than 20 feet in width, shall be located along all lot lines of a mobile home park not bordering a public street; except such distance may be reduced to 10 feet if a solid six-foot wall or fence is provided. Such planting strips shall consist of not less than one row of deciduous and/or evergreen trees, spaced not more than 40 feet apart and not less than three rows of shrubs, spaced not more than eight feet apart, of which the trees will grow to a height of seven feet or more after one full growing season and of which the shrubs will eventually grow to a height of not less than six feet.

B. The setback areas of a mobile home park adjoining a public street shall be planted in lawn or shrubbery.

C. All such required lawn and/or landscaping shall be maintained in a healthy living condition for the life of the mobile home park. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.250 Recreational areas.

In the MH-P district, a central recreation area shall be established in each mobile home park created pursuant to the provisions of this title.

A. The minimum land area set aside for recreational activities shall be at least 300 square feet times the number of mobile home sites in the mobile home park.

B. The recreation area may contain community clubhouses, swimming pools, shuffleboard courts and similar facilities, provided the total recreation areas meet the above stated minimum size.

C. The recreational areas shall be easily accessible, improved, and maintained in such a manner to provide adequate recreational facilities for the residents of a mobile home park. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.260 Fire protection.

A. Mobile home parks shall have an adequate public fire flow system as determined by the city engineer and fire marshal.

B. Mobile home parks shall comply with local and state electrical fire prevention, and fire protection regulations.

C. Any natural gas or liquefied petroleum gas piping system shall be installed and maintained in accordance with the Uniform Plumbing Code as adopted by the city or state standards administered by the State Fire Marshal, who shall be responsible for the enforcement of those standards. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.270 License required.

It is unlawful for any person to permit a mobile home park to be operated or maintained upon any property owned or controlled by that individual within the city limits, without having first secured a business license from the city finance director. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.280 Office required – License display requirements.

In every mobile home park, an office shall be designated within which shall be displayed a copy of the park business license, health department permit, and certificate of occupancy. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.290 Manager – Duties.

It shall be the duty and responsibility of the mobile home park manager or attendant together with the licensees to:

A. Keep at all times a register of occupants showing:

1. Names and addresses;

2. Make, model and license number of each mobile home;

3. The state and county issuing the mobile home license;

4. Date of arrival and departure;

B. Notify park occupants of all applicable provisions of the regulations and inform the occupants of their responsibilities;

C. Supervise the placement and removal of each mobile home on its site, and shall in particular be responsible for the connection of the mobile home or recreational vehicle to sewer and water connections;

D. Ensure provisions of this title are complied with and enforced and report promptly to the proper authorities any violations of this title or other violations of ordinances or laws which come to his attention;

E. Prevent the running at large of dogs, cats or other animals or pets belonging to residents of the park;

F. Maintain the park in a clean, orderly and sanitary condition at all times and prevent the accumulation of combustible materials, equipment or weeds adjacent to or under the mobile home or recreational vehicle;

G. Refuse the rental of space to mobile homes or recreational vehicles which are dilapidated or are a fire or health menace;

H. Maintain, in designated places, fire extinguishers approved by the fire department;

I. Prohibit the use of any mobile home by a greater number of occupants than that which it is designed to accommodate; in the absence of identifiable design features, 750 cubic feet per person shall be used in calculating maximum capacity;

J. Prohibit the parking of any mobile home so that it will obstruct a walkway or roadway;

K. Prohibit the parking of an occupied mobile home in that park when a site is not available. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

Article V. Office and Commercial Districts

17.54.300 Design – Advertising – Screening.

A. Permitted uses that are nonresidential shall have exterior designs that are compatible with developments on adjacent residential properties.

B. Parking areas and service yards must be sight screened from adjoining residential properties. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.310 Nonresidential building adjoining family residential – Conformance required.

Nonresidential buildings on property adjoining a single-family or multifamily district shall observe and respect the established or potential residential character of that district, be harmonious in site arrangement, compatible in site development and landscaping, and reasonably integrated in such detail as finish material, color, etc. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.320 Special screening requirements in the C-N district – Applicability.

The development of a commercial use on property adjoining a public street across which is a residential district shall landscape the street frontage with a shrubbery border a minimum of eight feet in depth adjoining the street right-of-way and tree plantings with a minimum of 22 feet from the street right-of-way and a maximum of 31 feet on center. There shall be a minimum of driveways interrupting the continuity of the landscaping requirements. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.330 Perimeter – Landscaping and screening in the C-N district.

The perimeter of C-N districts shall be landscaped to a depth of 12 feet from the property line and maintained as a sight screen in the following manner:

A. Street Frontage. Street frontages, except driveways and pedestrian walks within the property, shall be landscaped with evergreen shrubs or deciduous shrubs and trees, and perennial or annual flowers, to create and maintain a maximum residential character. Such shrubs shall not be permitted to grow beyond a height of 36 inches above the crown of the adjacent street nor shall the foliage of trees located therein be permitted to obstruct the view between the C-N district and the street within the area within 36 inches and 96 inches above the street level. No tree or sight screening shrub shall be located or permitted to grow as to obstruct the view of a walk or driveway crossing. Any area in which the banks or groups of shrubs, perennial or annual flowers do not occupy at least 40 percent of such area shall be planted in lawn.

B. Side Lines of Property. The portions of the perimeter other than street frontage shall be sight screened from adjoining residential districts by a solid planting of evergreen trees and evergreen shrubs. The initial minimum height of trees forming a part of such sight screen shall be 12 feet. Such trees shall be spaced on the perimeter of the site with a maximum distance of 25 feet center to center. The shrubs used in the perimeter screen shall be so located that there will be a minimum of two shrubs in depth in the screen. The minimum initial height of shrubs which are a part of the sideline screen shall be three feet and the maximum height at maturity shall be limited to six feet.

C. For further provisions on screening, refer to WRMC 12.08.060, Visibility. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 7-10 § 4, 2010; Ord. 40-07 § 1, 2007].

17.54.335 Landscaping in C-L and C-G districts.

A. The vicinity of the principal entrance to any building in the C-L or C-G districts and the public and/or employees’ parking in connection with the principal entrance shall be landscaped and maintained. Landscaping shall include lawn, ornamental shrubs and trees. Plans showing the extent and design of the landscaping and parking areas shall be part of the plans required for a building permit.

B. The development of a commercial use on property adjoining single-family or multifamily zones shall be sight screened with a minimum eight-foot-high fence or planting of evergreen trees and shrubs which will provide a solid screen within two years; or when determined necessary by the reviewing official due to noise impacts, a solid block wall or other sound mitigating feature(s) of a height necessary to mitigate the noise impacts (usually six to eight feet) may be required. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.340 Perimeter screen in the C-L and C-G districts – Shrub requirements.

Whenever such perimeter screen is required on property bounded on two sides by intersection streets, the sizes and locations of shrubs falling within the sight areas shall be controlled by the standards of WRMC 12.08.060, Visibility. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 7-10 § 5, 2010; Ord. 40-07 § 1, 2007].

17.54.350 Landscaping and screening – Maintenance.

An underground irrigation system shall be installed to irrigate landscaped and screening areas. Dead or dying shrubs and trees in the landscaping and screening areas shall be replaced and the planting areas shall be maintained reasonably free of weeds and trash. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.360 Landscaping and screening in the C-N district – Plot plan approval required.

The plot plan of proposed landscaping and screening shall be approved by the community development department before permits for buildings are granted. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.370 Traffic circulation plan – Approval required.

The traffic circulation plan for a commercial development and the location and design of access to or from the arterial or adjoining streets must be approved by the city engineer. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.380 Noise and vibration – Baffling required.

Air conditioning units, exhaust fans, compressors, or any other noise-producing equipment, and service entrances, loading doors, garbage cans or containers, shall be so located and baffled that no disturbing sound or vibrations materially affect adjacent residential properties. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.390 Architectural design.

All buildings and developments in a commercial district, so located that they orient to or face a more restrictive district, shall achieve a high standard of architectural design, generally institutional in character such as currently contemporary schools, banks, hospitals, office buildings, etc. No buildings of a strictly utility nature devoid of the fundamentals of aesthetic or architectural design shall be permitted in a perimeter location. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.400 Lighting.

Lighting in commercial districts, including permitted illuminated signs, shall be shielded or arranged so not to reflect or cause glare to extend into any residential district or interfere with safe operation of vehicles. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.410 Conditional residential buildings.

A. Any building used for conditional residential purposes on the first or second floor shall have a side yard as specified for such dwelling in the RM-10 district.

B. Any building erected to include conditional residential use shall have a rear yard as specified for such dwellings in the RM-10 district. The transition regulations of Chapter 17.75 WRMC shall prevail in all commercial districts. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.420 Motor vehicle repair shops – Plan approval required.

In a C-L or C-G district, a motor vehicle repair shop shall not be permitted as an accessory use unless the plan for such accessory use has been submitted to the planning commission and the positive recommendation of such planning commission obtained. The planning commission in passing upon a request for recommendation may consider the type of machinery and equipment to be used and the methods of operation to be employed. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.430 Garage and filling stations – Plan approval required.

In a C-L or C-G district, plans for the erection or structural alteration of any garage for more than five motor vehicles, or a filling station, shall be submitted to the planning commission and city council for approval for changes relative to yards, location of pumps and buildings, and construction of buildings as may be deemed best suited to ensure safety, to minimize traffic difficulties, and to safeguard adjacent properties. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.440 Storage yards.

In the C-L and C-G districts, storage yards in connection with and incidental to a permitted use shall be surrounded by an eight-foot-high sight-obscuring fence or hedge for screening the yard from abutting property and the street. The fence, wall, or hedge shall conform to setback requirements for buildings on street frontage. Fences, walls or hedges surrounding or obscuring storage yards must be kept reasonably well maintained and free from litter, posters, signs, and trash. Additional requirements which apply to fencing are found in WRMC 17.54.040 and Chapter 12.50 WRMC, Vegetation Obstructions. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 7-10 § 6, 2010; Ord. 40-07 § 1, 2007].

17.54.450 Adult use business – Locational requirements.

A. Adult use businesses shall be prohibited from locating within the city within 500 feet of any area of the city or adjoining jurisdictions zoned for residential purposes.

B. Adult use businesses shall be prohibited from locating within the city within 500 feet of any of the following existing uses, whether such existing use is located within or outside the jurisdiction of the city:

1. Any church or other religious facility or institution;

2. Any public or private school, technical school or training facility;

3. Any playground, public park or library;

4. Any other adult use business as defined in this title.

C. The distances provided herein shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the adult use business exists or is proposed to be located, to the nearest point of the parcel of property or the zoning district boundary line from which the proposed adult use business is or is to be separated.

D. Nothing within the locational requirements set forth herein shall preclude an adult use business from conducting more than one adult use activity within a single structure provided the adult use business shall comply with provisions of this chapter and all other chapters.

E. In the event an adult use business is legally established in accordance with the requirements of this chapter and a sensitive land use described in WRMC 17.09.200 locates within the required separation distance, the zoning conformity of the legally established adult use shall not be affected.

F. Nothing in this section is intended to authorize, legalize or permit the establishment, operating, or maintenance of any business, building or use which violates any West Richland Municipal Code or statute of the state of Washington regarding public nuisances, sexual conduct, lewdness, or obscene or harmful matter or the exhibition or public display thereof. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.452 Essential public facilities.

A. The land uses subject to this section are interpreted to have such regional or area-wide impacts that the applicant proposing to locate such use at a new location shall conduct and provide a written summary of a site selection process incorporating the following:

1. A justification of the need for the proposed facility in the proposed location. The applicant shall demonstrate that less impacting alternatives have been considered and found not to be feasible.

2. The applicant shall also describe the process used to identify and evaluate alternative sites.

3. An evaluation of the sites’ capability to meet basic siting criteria for the proposed facility, such as size, physical characteristics, access, and availability of necessary utilities and support services.

4. The sites’ relationship to the service area and distribution of other similar public facilities within the service area or jurisdiction, whichever is larger.

5. A description of the relative environmental impacts associated with locating the proposed facility at each of the sites that meet the applicant’s basic siting criteria. The applicant shall also identify proposed mitigation measures to alleviate or minimize adverse impacts.

B. Inter-jurisdictional agreements may be required to be developed to mitigate any disproportionate financial burdens that may fall on the local jurisdiction within which a facility of a state, regional, or county-wide nature is located.

C. If the use will generate substantial traffic, as determined by the city’s traffic engineer, such a facility shall be located near a major transportation corridor. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.453 Special provisions for specific types of essential public facilities.

A. Secure community transition facilities conforming to the standards set forth below may be approved by conditional use permit following notice to all property owners and occupants of record within 1,500 feet of the proposed site.

1. Secure community transition facilities shall conform to all substantive, procedural and operational requirements set forth in Chapter 71.09 RCW and rules, regulations, and policy guidelines promulgated under the authority thereof or in response thereto.

2. Secure community transition facilities shall provide the following staffing and security measures:

a. The owner and operator of the secure community transition facility shall submit and maintain a plan for staffing, security measures, procedures for immediate public notification of escapes, and escapee search procedures (“the plan”), all in a form and content satisfactory to the planning official. The security measures shall indicate the types of security measures/facilities proposed for the secure community transition facility including, but not limited to, constant electronic monitoring of residents, site security measures/equipment, and site access and control consistent with Chapter 71.09 RCW unless otherwise ordered by a court. The plan, along with documentation of the planning official’s concurrence or rejection of the plan, shall be included in materials submitted to and reviewed by the reviewing official, provided the security plan made part of the public record shall not be in such detail that security of the facility would be compromised.

b. The owner and operator of the secure community transition facility shall enter into a contract with the city in a form and content satisfactory to the city attorney, committing the owner and operator to comply with and maintain the plan for the life of the facility.

c. Applicant shall install an eight-foot-high fence, in character with the surrounding area, between the facility and all property boundaries. The reviewing official may waive or lessen this requirement upon finding that, due to existing site features or the type or character of adjoining uses, the privacy and security of the occupants of adjoining properties can be maintained in the absence of a fence or with a lower fence.

d. The facility shall have a backup power source.

3. No such facility shall be located adjacent to, immediately across a street or parking lot from, or within the line of sight of a risk potential activity or facility (defined in RCW 71.09.020) that is in existence or permitted at the time a site is considered. Line of sight has been estimated to be 600 feet from a risk potential activity or facility, which distance has been determined to be the maximum distance at which it is possible to reasonably visually distinguish and recognize individuals. Through the conditional use process, line of sight may be considered to be less than 600 feet if the applicant can demonstrate that visual barriers exist or can be created which would reduce the line of sight to less than 600 feet. For purposes of this subsection, those specific risk potential activities and facilities described in the applicable state law shall be interpreted as follows and shall include such facilities located within the city of West Richland and all neighboring jurisdictions: public and private schools and grounds; school bus stops; licensed child day care and preschool facilities; public parks; publicly dedicated trails; sports fields, playgrounds; recreational and community centers; places of worship such as churches, synagogues, temples, and mosques; public libraries; or any other risk potential activity or facility identified in siting criteria by the Department of Social and Health Services with respect to siting a secure community transition facility.

4. No such facility may be located within 600 feet of any residentially zoned property. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

Article VI. Industrial Districts

17.54.457 Provisions adopted by reference.

The provisions of WRMC 17.54.450, 17.54.452, and 17.54.453 shall also apply in the industrial zoning districts. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.460 Architectural design.

All buildings and developments in the LI district, so located that they orient to or face a more restrictive district, shall achieve a high standard of architectural design, generally institutional in character such as currently contemporary schools, banks, hospitals, office buildings, etc. No buildings of a strictly utility nature devoid of the fundamentals of aesthetics or architectural design shall be permitted in a perimeter location. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.463 Traffic circulation plan – Approval required.

The traffic circulation plan for an industrial development and the location and design of access to or from the arterial or adjoining streets must be approved by the city engineer. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.464 Noise and vibration – Baffling required.

Air conditioning units, exhaust fans, compressors or other noise-producing equipment, and service entrances, loading doors, garbage cans and containers shall be so located and baffled that no disturbing sound or vibrations materially affect adjacent residential zoned property. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.470 Landscaping and parking plans – Approval required.

The vicinity of the principal public entrance to any building in an industrial district and the public and/or employee parking in connection with the principal entrance shall be landscaped and maintained. Landscaping shall include lawn, ornamental shrubs and trees. Plans showing the extent and design of the landscaping and parking areas shall be part of the plans required for a building permit. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.480 Screening.

The development of an industrial use including storage and refuse areas on property adjoining a residential zoning shall be sight screened with an effective combination of street trees, ground cover, shrubbery and trees, fences and walls to serve as a screening (buffer area) between the site and abutting nonindustrial districts. Further, when a site abuts a residential district, landscaping shall be at least six feet in height and be at least 80 percent opaque as viewed from any point along the lot boundary within 18 months following the establishment of the primary use type. When determined necessary by the reviewing official due to noise impacts, a solid block wall or other sound mitigating feature(s) of a height necessary to mitigate the noise impacts (usually six to eight feet) may be required between the industrial use and adjoining residentially zoned property. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.490 Landscaping maintenance.

Shrubs and trees as required in the landscaping and screening shall be maintained in a healthy growing condition. Dead or dying trees or shrubs shall be replaced immediately and the planting areas shall be maintained reasonably free of weeds and trash. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.495 Storage yards.

In the LI district, storage yards in connection with and incidental to a permitted use shall be screened from any arterial street by an eight-foot-high sight-obscuring fence or hedge. Fences, walls or hedges surrounding or obscuring storage yards must be kept reasonably well maintained and free from litter, posters, signs, and trash. Additional requirements that apply to fencing are found in WRMC 17.54.040. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.500 Lighting.

Lighting in industrial districts, including permitted illuminated signs, shall be shielded or arranged so as not to reflect or cause glare to extend into any residential district, or to interfere with the safe operation of motor vehicles. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].


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Code reviser’s note: Note D is no longer applicable and is being removed per the intent of the city at the codification of Ord. 15-17.