Chapter 17.15
PERMITTED, ADMINISTRATIVE AND CONDITIONAL USES

Sections:

17.15.010    Designations.

17.15.015    Similar uses.

17.15.020    Land use table.

17.15.030    Footnotes.

17.15.040    Regulatory notes.

17.15.010 Designations.

A. Type I uses listed in Table 17.15 are permitted subject to review by the administrative official for compliance with Section 17.10.035 and the applicable standards of this title.

B. The Type II and Type III uses listed in Table 17.15, and all matters directly related thereto, possess characteristics that warrant review consistent with Title 18B and Section 17.10.040 to ensure:

1. Consistency with the city comprehensive plan goals, objectives, policies and development criteria;

2. The intent, character and development standards are appropriate to the zoning district within which it is to be located;

3. Compatibility with other uses; and

4. Other relevant requirements of state or county law.

C. If no symbol appears in the box at the intersection of the column and row, the land use is not allowed in that district.

D. Use classifications are listed on the vertical axis and city of Kelso zoning districts are shown on the horizontal axis.

E. If a number appears next to the review classification symbol at the intersection of the column and row, then that use is subject to special standards listed as footnotes in Section 17.15.030.

F. If a letter appears adjacent to the use classification, then that land use is subject to performance standards listed in Section 17.15.040. These standards are in addition to other applicable standards of the Kelso Municipal Code.

G. If a proposed use is to be situated on property within the jurisdictional boundaries of the Kelso critical areas ordinance/shoreline master program, it shall be subject to the permits and procedural requirements thereof in addition to all applicable standards of this title. If a conflict exists between the standards of the Kelso critical areas ordinance/shoreline master program and this title, the more restrictive provisions shall apply. (Ord. 3745 § 1 (Att. B), 2011; Ord. 3699 § 1 (Att. B), 2009)

17.15.015 Similar uses.

A. When a proposed use is not classified within any of the categories of Table 17.15, but appears to be similar in character and consistent with the purpose of the zoning district, the matter may be referred to the administrative official to determine whether or not the unclassified use is similar to a use currently listed as a Type I, II or III use for the zoning district.

B. Similar use requests may be initiated by written application and accompanying fee, or directly by the administrative official. Each request shall set forth the specific basis for the request and its compliance with subsection D of this section.

C. The administrative official may consult with any interested, affected or concerned agencies or persons before making a similar use determination.

D. The administrative official shall not approve a similar use determination request unless evidence is presented to demonstrate that the proposed use will comply with the purpose, intent, goals, objectives and policies of the comprehensive plan and the zoning district in which it is proposed to be located. The administrative official shall state the reasons upon which the determination is based.

E. If the administrative official finds that the proposed use is similar, he shall also establish whether the proposed use shall be processed as a Type I, II or III use according to Chapter 17.10. If a proposed use is not determined to be similar, it shall not be considered an allowable use. Similar use determinations may be appealed to the hearing examiner as provided in Chapter 17.10 and Title 18B. (Ord. 3745 § 1 (Att. B), 2011; Ord. 3699 § 1 (Att. B), 2009)

17.15.020 Land use table.

The following Table 17.15 indicates those uses which may be permitted through Type I, II or III review in the various zoning districts defined in this title. In addition to Table 17.15, reference to the individual zoning districts and, where indicated, the regulatory notes following Table 17.15 and definitions of Chapter 17.08 is necessary in order to determine if any specific requirements apply to the listed use.

Table 17.15
 

Table 17.15 Allowable Land Uses

Residential Single-Family

Residential Multifamily

Open Space

Commercial—Town Center

Commercial—West Kelso

Neighborhood Service Center

Specialty Retail and Services

Commercial—Major Retail

Light Manufacturing

General Manufacturing

RSF

RMF

OPN

CTC

CWK

CNH

CSR

CMR

ILM

IGM

RESIDENTIAL

Single-family residence (A, N)

I

I1

I1

I1

I1

I1

I1

Duplex (N)

I2

I3

I

I

Multiple-family dwellings, including rooming and boarding houses, triplexes, fourplexes, condominiums, apartment houses and apartment courts

I

I4

I4

I4

I4

I4

Family home services* (C)

I

I

Group care facility, large* (D)

I

Expansion and/or reconstruction of a residence

I

I

III

Mobile home parks and subdivisions (B)

II

Livestock* (T)

I16

Accessory apartment* (V)

II

Temporary manufactured home for aged relative (W)

II

AMUSEMENT AND RECREATION

Recreation facilities, active*

II

II

III18

I5

I

I

I

I

II

II

Recreation facilities, passive*

I

I

I

Fitness centers/sports clubs

II5

I

I/II7

I

I

II

Participant sports and recreation—indoor

III5

I

I/II7

I

I

II

Participant sports and recreation—outdoor

III18

II

II

I

Trails

I

Wildlife and nature preserves

I

COMMUNITY SERVICES

Art galleries, noncommercial

II

II

Auditoriums, clubhouses, meeting halls

II5

I

I

I

Community centers and recreation facilities

II

II

I5

I

I

I

I

I

I

Educational, cultural, or governmental

II

II

I

I

III

I

I

II

I

Health care facilities*

III

III

I

I

I7

I

I

Marinas, boardwalks, public piers

I

I

I

I

Museums

III

III

II

II

Assisted living home*

II

I

Post office

I

Religious facilities

II

II

II5

I

I7

I

II

II

I

Social and fraternal clubs and lodges

II6

II

State licensed child day care center

II

II

II5

I

I

I

I

I

I

Family day care homes*

I

I

I5

I

Child day care centers*

II

II

II5

I

I

I

I

I

I

MANUFACTURING

Agriculture* including agricultural processing

II

I

Fabrication, manufacture, assembly, processing, packaging, repair, servicing of goods

I9

I9

Any principally permitted use whose operations are predominantly out-of-doors rather than completely enclosed within a building

II

I

Aquaculture

II

Commercial indoor storage

I

I

Commercial moving and freight terminals

II

I

Computer and electronic equipment and products

I

I

Food products

I

I

Furniture and fixtures

I

I

Junk or salvage yards

I

Laboratories for scientific research, testing and experimental development that can be performed with minimal adverse impact on, and pose no special hazard to, the environment and the community

I

I

Mechanical, automotive, trucking, agricultural/forestry and contractors’ or builders’ equipment and supplies

I

I

Marine-oriented commercial and industrial activities

II10

II10

Printing and publishing

I

I

Recycling centers

II

II

I

I

Sales of items manufactured on site

II

II

Vocational schools

I

I

Winery/brewery

I

I

Wood products

I

I

RETAIL TRADE AND SERVICE

Automobile sales—new or used

I

I

I

II

Bed and breakfast*

II

II

II1

I

I

I

I

Cart vendors

I

II

Cemeteries, mausoleums and columbaria

III

III

Convenience stores including gasoline sales and/or a car wash facility

II

II

I

Crematorium

III

III

Entertainment (e.g., theaters, video game arcades, etc., except adult motion picture theaters and other uses as described in Section 17.30.040, Sexually oriented business overlay) (O)

I7

I

II

I

I

Formula take-out food restaurant with drive-through

I

I

I

Formula take-out food restaurant without drive-through

I7

I

I

I

Hotels, motels, inns*

I7

I

I

I

Home occupation, major* (G, H)

II

II

Home occupation, minor* (F, H)

I

I

Kennels (X)

II

II

II

II

Minor vessel repair shop

I

I

I

I

Mixed commercial/residential

III

I4, 7

I4

I4

I4

I4

Mortuaries, funeral homes and funeral chapels

III

III

Personal and professional services

I5, 7

I

I

I

I

Professional offices (K)

III

I5, 7

I

I

I

I

II8

I8

Restaurants

I7

I

I

I

II11

II11

Retail sales and services with drive-through businesses* (I)

I

I

I

II

Retail sales and services without drive-through businesses

I7, 12

I

I7

I

I

Retail sales and services with screened outdoor storage

II5, 7

II

II

II

I

I

Secondhand retail stores (J)

I7, 12

I

I7

I

I

Sexually oriented business* (E)

Small engine repair

I

I

I

Taverns

I7

I

I

I

Uses which service the automobile (e.g., gasoline service station, car wash, minor/major vehicle repair shops)

II

I13

I

I

I

Veterinarian clinics* (X)

I7

II

II

Caretaker residence (M)

I

I

Temporary uses (U)

I17

I17

I17

I17

I17

I17

I17

I17

I17

I17

TRANSPORTATION

Park and ride lots*

II

II

I

II

Park and ride lots, shared use*

II

II

II

I

Parking as principal use

II

I

I

I

II

I

Transit facilities

I14

UTILITIES

Public and private utility buildings and structures (L)

II

II

II

II

II

II

II

II

II

II

Communication antennas, category 1 (P)

I

I

I

I

I

I

I

I

I

I

Communication antennas, category 2 (Q)

II

II

I

I

I

I

I

I

I

Communication antennas, category 3 (R)

II

II

II

II

I

I

Communication towers and monopoles (S)

II19

II19

II19

II19

II19

II19

WHOLESALE TRADE – STORAGE

Self-service storage facilities; provided, that no outside storage is visible from adjoining properties and public rights-of-way

III

Warehousing (wholesale, bulk retail and trade)

III

I = Type I Permitted Use

II = Type II Administrative Use

III = Type III Conditional Use

* = Defined Term

Letters and numbers refer to footnotes and regulatory notes within Sections 17.15.030 and 17.15.040.

(Ord. 3745 § 1 (Att. B), 2011; Ord. 3699 § 1 (Att. B), 2009)

17.15.030 Footnotes.

A. The following numbers correspond to the numbers identified at the intersection of land use and use district lines in Table 17.15:

1. Only existing residential uses are permitted. Standards applicable to the RSF-5 zoning district shall apply to such single-family dwellings.

2. Only existing duplex dwelling units are permitted.

3. Only one duplex unit allowed per legal parcel.

4. Commercial/residential mixed use developments; provided, that the residential units are located above the ground floor.

5. Not permitted on the ground floor on Pacific Avenue South between Oak and Maple Streets.

6. Social and fraternal clubs and lodges the principal activity of which is a service customarily carried on as a business are not permitted.

7. Building footprints not exceeding five thousand square feet are permitted; provided, that facilities shall screen all outdoor storage except for outdoor storage for agricultural produce sales, or landscaping retail sales. Buildings of a footprint greater than five thousand square feet, but less than ten thousand square feet, may be allowed through administrative review.

8. Use is limited to a shared use in the same structure as a permitted use.

9. Such goods or products include:

a. Mechanical, automotive, marine, trucking, agricultural/forestry and contractors’ or builders’ equipment and supplies.

b. Winery/brewery.

c. Printing and publishing.

d. Wood products.

e. Furniture and fixtures.

f. Computer and electronic equipment and products.

g. Food products.

10. Water dependent uses shall be confined to the designated shoreline areas.

11. Food service is allowed as an administrative use for the convenience of employees and clearly subordinate to the primary use of the property. In reviewing the administrative use application for a food service use, the following standards shall apply:

a. The use is limited in size so that it functions as a service intended for the convenience of employees;

b. The use is located in the interior of the site and is fully screened from public streets;

c. No additional parking shall be allowed;

d. No additional signage is authorized.

12. In the downtown design overlay district (DDO), retail use up to five-thousand-square-foot building footprint is permitted and between five-thousand-square-foot and fifteen-thousand-square-foot building footprint per building may be permitted through administrative review.

13. Use is restricted to minor auto repair services (lubrication and oil change, tune up). Any vehicles remaining on site for more than seventy-two hours shall be screened in accordance with outdoor storage development standards.

14. All public transportation stations shall be located at the city of Kelso multi-modal transportation facility.

15. Limited to no more than one sale for each quarter of the year and no sales event shall last more than two consecutive days.

16. Allowed in the RSF-15 zone only.

17. Requires a temporary use permit.

18. Active recreation facilities shall only be considered for location in designated city parks as listed in the adopted park plan.

19. Height up to a maximum of seventy-five feet, depending on coverage objectives. (Ord. 3745 § 1 (Att. B), 2011; Ord. 3699 § 1 (Att. B), 2009)

17.15.040 Regulatory notes.

The following regulatory notes apply to the corresponding uses listed in Table 17.15:

A. Single-family dwellings shall be constructed consistent with the following standards:

1. Only one dwelling unit allowed per legal parcel.

2. Shall have a width of not less than 14 feet at the narrowest point of the first story (excluding architecturally designed entrance ways).

3. Trailers, recreational vehicles or tents may not be used for human habitation or dwelling purposes.

4. Attached garages shall be placed in the rear of the lot if at all possible.

B. Mobile home parks and subdivisions are subject to the following standards:

1. The minimum site requirements for expansion of existing and proposed mobile home subdivisions are as follows:

a. Minimum zoning area: Three acres;

b. Density: As determined by the underlying zoning density requirement.

2. No building or structure in a mobile home park or subdivision shall exceed the building height restrictions set forth for single-family residential dwelling units.

3. Every mobile home park and subdivision locating within the city shall be connected to city sanitary sewers. This standard applies to any expansion of existing parks or subdivisions and to all proposed mobile home parks and subdivisions.

4. Every mobile home park and subdivision, and/or expansion of the same, locating within the city shall be connected to the city water supply system.

5. Every mobile home park and subdivision, and/or expansion of the same, locating within the city shall supply the necessary public power utilities to each and every unit proposed therein. Such utilities shall be placed underground except in those situations where this could be proven to be dangerous to humans and animals.

6. All mobile home parks and subdivisions, and/or expansion of the same, shall submit, along with accompanying site development plans, proof of compliance with provisions for flood hazard protection as set forth in Sections 18.12.210 through 18.12.310.

7. Not less than ten percent of the total gross buildable area of the park or subdivision shall be designed and maintained as a recreational area for the occupants of the park or subdivision. The location of the recreation area will be in a safe and secure area of the park or subdivision and separated from passing automobile traffic by a cyclone fence not less than four feet in height as measured from ground level.

8. Setbacks in all mobile home parks and subdivisions shall be as follows:

a. Mobile Home Parks.

i. Front setback: Ten feet from front property line;

ii. Side setback: Five feet, including carports, garages and accessory buildings;

iii. Rear setback: Ten feet from rear property line.

b. Mobile Home Subdivisions.

i. Front setback: Twenty-five feet from front property line or fifty-five feet from street centerline, whichever is greater;

ii. Side setback: Five feet from each side property line;

iii. Rear setback: Fifteen feet from rear property line.

c. All setbacks shall be measured from the nearest corner or wall to the appropriate property or site line.

9. Permanent structures located within any mobile home space shall be used for storage only, have a maximum area of thirty-five square feet, and shall be located not less than six feet from any mobile home. These structures shall be uniform in design and included in the plans submitted to the planning commission. All permanent structures shall comply with the International Building Code as adopted by the city.

10. All mobile home park and subdivision streets and rights-of-way shall conform to the standards set forth in Title 16.

11. Access driveways shall be provided to each mobile home space and shall have a minimum width established by the city engineer:

a. No access driveway or curb cut providing ingress or egress to a mobile home park or subdivision shall be located closer than fifty feet from any public street intersection, as measured from the street right-of-way lines at the nearest side of the intersection;

b. Access drives and walkways within the park or subdivision shall be hard surfaced according to the specifications established by the city engineer.

C. Family home services are subject to the following standards:

1. One off-street parking space is required for each on-shift, nonresidential employee in addition to the residential parking requirements. Residential driveways are acceptable access ways.

2. Access streets, parking and/or loading areas shall be sufficient to safely accommodate the number of estimated vehicle trips generated by the use.

3. No structured area for active play or play structures may be located in the front yard. In the event of double frontage or similar situations, the director or designee shall determine which yard would have the least visual impact to the neighborhood.

4. Family child day care homes located within multifamily residential uses shall not be operated from a combination of dwelling units.

5. The site shall conform to the lot size, building size, setback and lot coverage requirements of the zoning district.

6. Provide an off-street drop-off/pick-up area.

7. File a child care registration form with the city as provided by the community development director.

8. Comply with all business licensing requirements.

9. No structural or decorative alteration is permitted in a residential zone if that alteration changes the residential character of an existing residential structure or is incompatible with surrounding residences.

10. Hours of operations shall not be conducted before 5:00 a.m. or after 9:00 p.m. in residential zones.

11. An on-site vehicle turnaround, or separate entrance and exit points, and passenger loading area must be developed for review and approval by the city engineer.

12. The site must be landscaped in a manner compatible with adjacent residences in residential zones according to a plan approved by the community development department.

D. Child day care centers shall meet the following standards:

1. Within residential districts a sight-obscuring fence of at least four feet in height as approved by the review authority shall be provided to separate any outdoor play area from adjoining lots.

2. Structure(s) shall meet building, sanitation, health, traffic safety and fire code requirements.

3. A minimum of one off-street parking space shall be provided for each on-shift employee plus one space per twelve persons served.

4. An on-site vehicle turnaround, or separate entrance and exit points, and passenger loading area must be provided. The city shall specifically consider the location and appearance of the proposed turnaround or access in determining compatibility with surrounding uses.

5. A child day care center shall not be located within three hundred feet of another day care center, except for any child day care center that is an accessory use in a community service facility, as described in subsection D7 of this section.

6. No child day care center shall be located in a private family residence unless the portion of the residence where the children have access is used exclusively for the children during the hours the center is in operation, or is separate from the usual living quarters of the family.

7. A child day care center, if sited on the premises of an operating community service facility, such as a private or public school, place of worship, community center or library, and associated with that activity, shall be considered accessory to the principal use of the property concerned.

E. Sexually oriented businesses are only permitted in accordance with the provisions of Section 17.30.040.

F. Minor home occupations shall meet all of the following criteria:

1. Minor home occupations are limited to those of a service character, but may include limited retail sales directly related to the home occupation.

2. Minor home occupations shall be conducted within the dwelling unit and/or attached garage by members of the family residing in the dwelling only.

3. There shall be no outside storage of materials, supplies, or display of goods or equipment of any kind related to the minor home occupation, except for one commercial vehicle as it pertains to the home occupation.

4. Any need for any customer parking created by the home occupation shall be provided off street, in a location other than the required front yard setback.

5. There shall be no exterior evidence of the home occupation, other than a permitted sign, that would cause the premises to differ from its residential character (e.g., outward physical appearance; lighting; the generation/emission of noise, fumes, or vibrations as determined by the administrative official using normal senses and from any lot line; create visible or audible interference in radio or television reception or cause fluctuations in line voltage outside the home occupation; or on average increase vehicular traffic by more than two additional vehicles at any given time).

G. Major home occupations shall meet the following requirements:

1. Major home occupations may include services, small-scale retail sales of products, mail order businesses and storage of materials associated therewith.

2. Major home occupations shall be conducted by members of a family residing in the dwelling, except the administrative official may authorize the family to employ a limited number of nonresident individuals to assist with the home occupation on a case-by-case basis.

3. A major home occupation may be conducted within the dwelling unit, attached garage, or a detached garage only. The outward appearance shall be secondary and subordinate to the primary use of the property and the purpose of the zoning district. There shall be no exterior evidence of the home occupation, other than a permitted sign, that would cause the premises to differ from its residential character: (e.g., lighting; the generation/emission of noise, fumes, or vibrations as determined by the administrative official using normal senses and from any lot line; create visible or audible interference in radio or television reception or cause fluctuations in line voltage outside the home occupation; or on average increase vehicular traffic by more than two additional vehicles at any given time).

4. There shall be no outside storage of materials or supplies, or display of goods or equipment of any kind related to the home occupation, except one commercial vehicle as it pertains to the home occupation and employee parking.

5. Any need for customer or employee parking created by the home occupation shall be provided off street, in a location other than the required front yard setback.

H. Uses Not Permitted as Home Occupations. The following uses, by the nature of their operation or investment, have a pronounced tendency, once started, to increase beyond the limits permitted for home occupations, interfere with or impair the use and value of adjoining properties, or violate the restriction of no exterior evidence (e.g., outward physical appearance; outside storage of materials, supplies or vehicles; generation of noise, dust, fumes, odors, electrical interference, vibrations, excessive traffic, etc.). Therefore, the uses listed below shall not be permitted as home occupations:

1. Beauty salons and barber shops with more than one chair;

2. Gift, craft, secondhand stores;

3. Kennel;

4. Large item repair, including stoves, refrigerators, washers and dryers, etc.;

5. Towing services;

6. Trucking businesses or storage, except for the parking or storage of one commercial vehicle used solely by the owner/operator residing on the premises;

7. Veterinarian clinic;

8. Cabinet making, woodworking or carpentry shops;

9. Antique shops;

10. Health salons, spas, gymnasiums, martial arts schools, dance studios, aerobic exercise studios;

11. Machine and sheet metal shops;

12. Motor vehicle, trailer or boat maintenance, repair, detailing, paint, and body shops;

13. Taxidermist;

14. Upholstering.

I. Drive-in businesses require a minimum number of off-street queuing spaces to minimize traffic hazards, pedestrian-vehicle conflicts, and the disruption of the commercial area street front.

1. Drive-in businesses shall provide queuing spaces according to the following requirements:

a. Banks with drive-in facilities shall provide a minimum of five queuing spaces per lane when the number of lanes does not exceed two.

b. Banks with three or more drive-in lanes shall provide a minimum of three queuing spaces per lane.

c. Car washes shall provide a minimum of six queuing spaces.

2. If the drive-in bank or car wash is located along either a principal arterial, a minor arterial or along a street with only one lane for moving traffic in each direction, the city engineer shall determine whether additional queuing spaces are necessary or whether access should be restricted.

3. The city engineer shall establish the minimum number of queuing spaces needed for similar uses that are not listed above, using the quantities of subsection I1 of this section as a guide.

J. Secondhand retail stores and shops shall not locate closer than three hundred feet from an existing secondhand retail store or shop (as measured in all compass directions from the exterior wall of the existing store or shop to the property line of the proposed store or shop).

K. Professional offices include but are not limited to the following activities with no (or limited) retail activity, display, or storage of goods and materials:

1. Accountant;

2. Architect;

3. Attorney;

4. Engineer;

5. Surveyor;

6. Physician;

7. Dentist;

8. Insurance agent;

9. Real estate office;

10. Travel agency.

L. Public utility buildings, sewage pumping stations, electrical distribution substations and similar developments necessary for the operation of utilities shall comply with the following requirements:

1. If the installation is housed in a building, the building shall conform architecturally with surrounding buildings or the type of buildings that are likely to develop in the use district;

2. Any unhoused installation on the ground, or housed installation that does not conform to the architectural requirements of subsection A of this section, shall be surrounded by sight-obscuring plantings;

3. An unhoused installation of a dangerous nature, such as an electrical distribution substation, shall be enclosed by a cyclone security fence at least six feet in height;

4. All buildings, installations and fences shall observe the yard requirements for buildings in the district in which they are located, except that in residential use districts, the side yards shall each be not less than twenty-five feet in width.

M. Caretakers’ residences are limited to one per parcel and are only permitted where there is a principal use on the subject parcel.

N. Accessory buildings and structures shall not occupy any lot independent of the main building or structure. No permits will be issued for detached accessory buildings or structures unless a permit is also issued at the same time for the main building on the lot. No manufactured home, mobile home, trailer, bus, shipping container or railroad car may be stored, or converted to or used as a storage building, accessory building or for any other nonresidential use. No detached accessory building or structure may occupy the front of any lot.

O. Social Card Rooms. The location of any licensed gambling activity authorized by RCW 9.46.0282 as it now exists or is hereafter amended is prohibited within three thousand five hundred feet of the location of any other such gambling activity. Likewise, no such gambling activity shall be located on the same arterial street as any other such gambling activity. In addition to the foregoing, any establishment where such gambling activity is to be engaged in shall be subject to the issuance of a conditional use permit in accordance with established procedures.

P. Wireless communication facility category 1 is subject to the following standards:

1. The use shall be located on buildings or other structures. The facility category 1 may be located on buildings and structures that contain mixed uses.

2. Antennas equal to or less than four feet in height and with an area of not more than five hundred eighty square inches in the aggregate (e.g., fourteen-inch diameter parabola or 2.6-foot by 1.5-foot panel) are exempt from the height limitation of the zone in which they are located. (For example, in some zones the maximum height of a building is thirty-five feet. A facility 1 can go up to thirty-nine feet and still be within the height limit.) Placement of a facility category 1 antenna or related components on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure.

3. The shelter or cabinet used to house radio electronics equipment must be concealed from view and/or camouflaged. This can be accomplished through landscaping or other screening and through the use of compatible building materials.

4. In single-family residential areas, a facility 1 shall be separated from any other facility 1 by a distance equal to or greater than five hundred linear feet.

5. The facility category 1 antenna and components shall be the same color as the existing building, pole or support structure on which they are to be located.

6. A building permit shall be required to construct a facility 1.

7. Roof-mounted facilities must be set back a minimum of ten feet from the edge of the roof.

Q. Wireless communication facility category 2 is subject to the following standards:

1. The facility category 2 antenna may be located on buildings and other structures.

2. The shelter or cabinet used to house radio electronics equipment must be concealed from view and/or camouflaged. This can be accomplished through landscaping, fencing or other architectural screening by using compatible building materials.

3. A facility category 2 antenna shall comply with the height limitation specified for all zones, except omni-directional antennas may exceed the height limitation by twelve feet. The permitted antenna height includes the wireless communication support structure. Placement of a facility 2 antenna or related components on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure.

4. The facility category 2 antenna and components shall be the same color as the existing building, pole or support structure on which they are to be located.

5. A building permit shall be required to construct a facility 2.

6. Roof-mounted facilities must be set back a minimum of ten feet from the edge of the roof.

7. Category 2 facilities may be allowed in residential zones through Type II review on buildings on lots used for nonresidential purposes.

R. Wireless communication facility category 3 is subject to the following standards:

1. The shelter or cabinet used to house radio electronics equipment must be concealed and/or camouflaged.

2. Facility category 3 shall comply with the height limitation specified for all zones, except as follows: Omni-directional antennas may exceed the height limitation by fifteen feet. Placement of a facility 3 antenna or related components on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure.

3. The facility category 3 antenna and components shall be the same color as the existing building, pole or support structure on which they are to be located.

4. A building permit shall be required to construct a facility category 3.

5. Roof-mounted facilities must be set back a minimum of ten feet from the edge of the roof.

S. Wireless communication facility monopoles and lattice towers shall comply with the following performance standards:

1. The maximum height of a monopole or lattice tower is sixty feet for one carrier or one hundred twenty feet if two or more carriers are located on the monopole or lattice tower. A permitted co-location monopole or lattice tower that does not have two or more carriers located on it for a period of one year or more shall be modified to conform to the single carrier height of sixty feet.

2. The lot on which the monopole or lattice tower is to be constructed must be legally conforming.

3. The facility must be screened in accordance with Chapter 17.40.

4. Monopoles and lattice towers located in the light manufacturing (ILM) zone must be set back a minimum of one hundred feet from any residentially zoned property. The minimum setback along I-5 and/or SR 432 is one hundred feet.

5. Antennas that extend above the wireless communication support structure shall not be calculated as part of the height of a monopole or lattice tower.

6. Colocation on an existing support structure is to be permitted. A facility 3 is the largest wireless communication facility allowed on a monopole or lattice tower.

7. The shelter or cabinet used to house radio electronics equipment and the associated cabling connecting the equipment shelter or cabinet to the monopole or lattice tower must be concealed and/or camouflaged through landscaping, fencing, or other screening using compatible building materials and colors.

8. A building permit shall be required to construct a monopole or lattice tower.

9. Antennas may not extend more than fifteen feet above their supporting structure, monopole, lattice tower, building or other structure. Site location and development shall preserve the preexisting character of the site as much as possible. Wireless communication towers and accessory equipment (equipment shelters and cabinets) shall be integrated through location, design, and color to blend in with the existing site characteristics to the extent practical. Existing vegetation around the facility shall be preserved or improved upon to provide vegetative screening. In the RSF-E zone, a minimum of two-thirds of the height of the monopole or lattice tower must be screened by existing vegetation when possible. Additional screening may be required by the community development director to mitigate visual impacts to adjacent properties or public rights-of-way as determined by site-specific conditions.

10. No equipment shall be operated above forty-five dBA as measured from the nearest property line on which the attached wireless communication facility is located.

T. Livestock are allowed within the RSF-15 zone subject to the following densities and standards:

1. Horses: One per eighty-seven thousand one hundred twenty square feet of lot area to a maximum of two horses per lot; or

2. Cows: One per eighty-seven thousand one hundred twenty square feet of lot area to a maximum of two cows per lot; or

3. Llamas: Two per eighty-seven thousand one hundred twenty square feet of lot area to a maximum of four llamas per lot; or

4. Sheep: Four per eighty-seven thousand one hundred twenty square feet of lot area to a maximum of eight sheep per lot; or

5. Goats: Four per eighty-seven thousand one hundred twenty square feet of lot area to a maximum of eight goats per lot; or

6. Chickens: One rooster/six hens per eighty-seven thousand one hundred twenty square feet of lot area to a maximum of one rooster/six hens per lot; or

7. Pigeons: Twelve pigeons per twenty-one thousand seven hundred eighty square feet of lot area to a maximum of twenty-four pigeons per lot;

8. There must be a minimum distance of not less than forty feet between a building for human habitation and a structure housing livestock or poultry;

9. Livestock and poultry shall not be located any closer than one hundred feet from any residential building on an adjacent lot and no less than fifty feet from the property line of an adjacent vacant parcel capable of development. Confined feeding areas or structures to house livestock or poultry shall not be located closer than two hundred feet to any preexisting residence on adjacent properties.

U. Temporary Uses.

1. There are two types of temporary uses, special events and emergencies:

a. Special events include but are not limited to uses such as:

i. Carnivals;

ii. Christmas tree sales;

iii. Farmer’s markets;

iv. Festival or street fairs, including block parties;

v. Parades;

vi. Parking lot/outdoor sales events;

vii. Seasonal sale of agricultural products grown off premises.

b. Emergency uses are occasioned by an unforeseen event, such as fire, windstorm or flood, including:

i. A mobile home, recreational vehicle or other temporary structure for a residential purpose in a residential zone; or

ii. A mobile office or other temporary structure for a business purpose in a commercial or industrial zone.

2. Nothing within this section is intended to circumvent the strict application of those permitted uses within the underlying zoning districts. Time limits shall be strictly enforced.

3. Approval Criteria.

a. Special Events. The administrative official shall approve, approve with conditions or deny a request for approval of a special event subject to compliance with all of the following criteria:

i. The event occurs for no longer than forty-five days in a calendar year on the approved event site;

ii. The event is permitted in the underlying zoning district or within the approved event site;

iii. The applicant has proof of the property owner’s permission to place the event on his/her property;

iv. There will be no parking utilized by the customers and employees of the temporary event which is needed by the property owner to meet his/her minimum parking requirements;

v. The event does not interfere with adequate vision clearance, and shall not obstruct pedestrian access on public rights-of-way;

vi. Conditions as may be required by the building official and/or fire marshal to determine compliance with minimum building, fire and life safety codes; and

vii. Adequate provisions for trash disposal and sanitary facilities shall be provided.

viii. The applicant will be required to show a certificate of insurance covering the proposed special event.

b. Unforeseen Emergencies. The administrative official shall approve, approve with conditions or deny a request of an unforeseen/emergency situation(s) subject to compliance with all of the following criteria:

i. The need for the use is the direct result of a casualty loss such as fire, windstorm, flood or other severe damage by the elements of a preexisting structure or facility previously occupied by the applicant on the premises for which the permit is sought;

ii. There exists adequate and safe vehicular ingress and egress when combined with the other uses of the property;

iii. There exists adequate parking for the temporary use;

iv. The use will pose no hazard to pedestrians in the area of the use;

v. The use will not create adverse off-site impacts including noise, odors, vibrations, glare or lights which will affect adjoining uses;

vi. The use can be adequately served by sewer or septic system and water, if applicable; and

vii. The length of time that the temporary building will be used is the maximum needed to address the hardship, but no longer than one year, with the exception that a temporary use approval may be renewed once by the administrative official for a period not to exceed one year.

4. The regulations in this section shall not apply to:

a. Garage/estate sales conducted on private residential properties subject to the following criteria:

i. Sales last no longer than three consecutive days; and

ii. Sales are held no more than four times in a calendar year; and

iii. Sales are conducted on the owner’s property. Multiple-family sales are permitted if they are held on the property of one of the participants.

iv. No garage sale signage is allowed within the public right-of-way. Signs on private property must have the written permission of the property owner.

b. On-site construction office during the period of construction, but no longer than six months. A single six-month extension may be granted upon written request, provided the applicant shows good cause for granting the extension. The approved extension shall be the minimum necessary to achieve completion of the project.

V. Not more than one accessory apartment, as defined, may be allowed on a parcel. The following criteria shall apply:

1. The accessory apartment shall be located within an owner-occupied, site-built single-family dwelling or its accessory garage within fifty feet of the primary residence.

2. The accessory apartment shall not exceed eight hundred square feet and shall be reviewed to ensure compatibility with surrounding uses.

3. One additional paved, off-street parking space is required.

4. The accessory apartment shall share access with the primary dwelling.

5. Adequate utility service shall be confirmed.

6. A restrictive covenant shall be recorded on the property to preclude the separate sale or division of the accessory apartment from the single-family dwelling.

W. The following criteria shall govern the review and approval of a temporary manufactured home, or park model (defined in Section 17.08.140), for occupancy by an aged, infirm or incapacitated relative or by one or more relatives (by blood or marriage) engaged in care giving for the aged, infirm or incapacitated person:

1. Such temporary home shall only be considered on residential properties of two acres or greater;

2. Such home shall be for temporary placement for a period of one year, subject to review prior to renewal by the administrative official;

3. The aged, infirm or incapacitated person must be related by blood or marriage to the caregiver;

4. The property must be owned by either the caregiver or the aged, infirm or incapacitated relative;

5. Such temporary permit shall be issued only for the purpose of providing one temporary housing unit on the same lot as the existing residence, in reasonably close proximity to each other, with the intent of sharing utility systems and to minimize negative effects on adjacent uses;

6. If more than one residence already exists on the property, the reviewing official shall not issue a permit for a temporary unit under this section;

7. Seventy-five years of age is considered aged for purposes of this section. Individuals less than seventy-five years of age shall be required to furnish a written statement by a licensed medical doctor or osteopath, indicating that the patient is not physically or mentally capable of independent living and is dependent on a relative being close by for personal physical care assistance;

8. The caregiver shall be physically capable of providing the needed personal physical care;

9. Financial hardships, taking care of the property and other convenience arrangements not relating to age or infirmity shall not be considered grounds for which a permit can be issued;

10. Sewage disposal shall be by connection to the existing sanitary sewer outlet located on the property. No additional side-sewer connections to the collector line shall be permitted, unless required otherwise by the city engineer;

11. The temporary unit shall conform to setback requirements of the Kelso Municipal Code, and shall not be permitted within the one-hundred-year floodplain or other critical area;

12. Temporary manufactured homes shall meet the following siting requirements:

a. Have permanent steps or inclined planes affixed to all entrances;

b. Maintain a minimum eighteen-inch crawl space under the entire unit;

c. Have permanent skirting or sidewalls installed to enclose all areas between the lower edge of the outside walls and the ground;

d. Be placed and anchored per the manufacturer’s installation instructions or per the design of a professional engineer or architect licensed in Washington (WAC 296-150M-610(1)(C));

13. If the placement of the temporary home would violate the provisions of any deed restriction or subdivision covenant for the property, the application shall be returned or denied without prejudice until the covenant issue is resolved;

14. No additional road approaches, access roads or accessory structures to serve the temporary residence shall be permitted, unless determined to be acceptable by the city engineer, as appropriate. The temporary unit shall be located within one hundred feet of the existing residence on the property unless this would conflict with subsection W11 of this section, or if other bona fide physical site constraints would prohibit compliance;

15. A covenant, to which the city is a party, shall be recorded with the county auditor stating that the temporary dwelling and any related improvements do not vest the property with any right to subdivide or convert the temporary dwelling to a permanent dwelling, except in conformance with the Kelso Municipal Code;

16. The temporary unit shall be removed within ninety days if the temporary unit is no longer occupied by the person(s) for which the permit was issued, or the permit has expired and was not renewed.

X. All kennels (as described in Section 17.08.120) and veterinarian clinics (as described in Section 17.08.230) shall be provided with indoor sleeping areas, in order to minimize nighttime noise impacts to neighboring properties. (Ord. 3745 § 1 (Att. B), 2011; Ord. 3699 § 1 (Att. B), 2009)