Chapter 19.22
SUPPLEMENTAL ZONING STANDARDS

Sections:

19.22.010    Purpose.

19.22.020    Accessory dwelling units.

19.22.030    Home occupations.

19.22.040    Signs in residential zones.

19.22.010 Purpose.

The standards contained herein are supplemental standards that apply to applicable uses in the city’s zoning districts. (Ord. 3122 § 15, 2010).

19.22.020 Accessory dwelling units.

Accessory dwelling units (ADUs) shall be permitted in residential districts R-1, R-2, R-3, R-4 and TNR as accessory to single-family dwellings, subject to the following provisions:

(1) No ADU shall be permitted to be added to, created within, or constructed on the same lot as the single-family dwelling to which it is accessory without a prior certification from the public works department of the city that the water supply and sanitary sewer facilities serving the site of the proposed ADU are adequate.

(2) Only one ADU shall be permitted (attached or detached) as accessory to a single-family dwelling unit.

(3) ADUs shall be permitted as second dwelling units that are added to or created within or, as provided in LMC 19.12.055, as a special property use, constructed on the same lot as a single-family dwelling.

(4) All housing and building codes and standards shall be applicable to all ADUs including, but not limited to, the building code, the plumbing code, the electrical code, the mechanical code, the fire code, and all requirements of the Cowlitz County health department.

(5) ADUs are not required to have separate independent utility connections and solid waste collection.

(6) The square foot size of any ADUs, excluding any garage area, shall not exceed 40 percent of the square foot size of the single-family dwelling to which it is accessory; it shall be of not less than 300 square feet nor in excess of 1,200 square feet, and it shall contain no more than two bedrooms.

(7) All ADUs shall be designed to maintain the appearance of the single-family dwelling to which they are accessory. If an ADU extends beyond the current footprint of the single-family dwelling, it must be consistent with the existing roof pitch, siding and windows of the single-family dwelling. If a separate entrance door is provided, it must be located either off the rear or side of the single-family dwelling. Any additions to an existing structure or building shall not exceed the allowable lot coverage or encroach into the required setbacks.

(8) All ADUs which are attached to a single-family dwelling shall be connected thereto with a common wall and provided with an interior passage door (not located in a bedroom or bathroom) to allow accessibility from both the ADU and the single-family dwelling to which it is accessory.

(9) A minimum of one off-street parking space shall be provided for each ADU in addition to the off-street parking space required for the single-family dwelling.

(10) No ADU may be the residence of more than four persons.

(11) All ADUs shall have separate street addresses that are visible from both the street and alley that clearly identify the location of the ADU.

(12) The owner or contract purchaser of record of the single-family dwelling to which an ADU is accessory shall reside either in the single-family dwelling or the ADU as a permanent place of residence; only one of the residences may be rented or leased. The ownership of ADUs may not be separated from ownership of the single-family dwelling to which they are accessory. The owner or purchaser of record shall execute an affidavit biannually (once every two years) stating that he, she or they are and will remain in compliance with this provision. Said affidavit shall be filed and maintained in the office of the community development department.

(13) No home occupations, day care centers or adult family homes shall be permitted in ADUs or in single-family dwellings to which they are accessory.

(14) The following permit and inspection requirements shall be met:

(a) No ADU may be added to, created within, or constructed upon the same lot as a single-family dwelling without a permit having been issued by the community development department;

(b) All applications for ADU permits shall be on forms provided by the community development department, and the fee for such permit shall be as provided in the building code;

(c) No ADU may be occupied unless the owner of record of the single-family dwelling to which it is accessory possesses a current certificate of occupancy for such ADU;

(d) Before any permit for the creation or construction of an ADU is granted, the proposed site thereof and the plans and specifications therefor shall be inspected by the building official to assure that the provisions of this chapter are not violated; and

(e) The building official shall inspect all ADUs at least once biannually (every two years). The purpose of such inspection shall be to determine if such ADU is in compliance with the requirements of this chapter. If such inspection reveals that such ADU is in compliance, the building official shall issue a certificate of occupancy for said ADU which shall be valid for a period of two years from its date. If such inspection reveals that such ADU is not in compliance, the building official shall not issue a certificate of occupancy for said ADU, and shall notify the owner or contract purchaser of the single-family dwelling to which said ADU is accessory that said ADU must be vacated and not occupied until it is re-inspected by the building official and a certificate of occupancy is issued.

(15) Detached ADU Units. In the event that the appeal board of adjustment grants a special property use permit for the construction of a detached ADU (i.e., an ADU that is not added to or created within the single-family dwelling) in accordance with LMC 19.12.055, all of the provisions of this chapter shall be applicable thereto. In addition, the following provisions shall be applicable to such detached ADUs:

(a) The lot or tract of land upon which such ADU is to be constructed is 10,000 square feet or more in size;

(b) The front property line of the lot or tract of land upon such ADU is to be constructed is 85 feet or more in distance;

(c) The lot or tract of land upon which such ADU is to be constructed has no direct access to an alley or any street other than the street upon which the single-family dwelling to which the ADU is accessory fronts;

(d) All detached ADUs shall comply with all setback and separation requirements for detached accessory buildings except that the minimum rear yard setback shall be 10 feet;

(e) Detached ADUs shall be designed in such a manner as to blend with or complement the architectural design of the single-family dwelling to which such ADU is accessory; approval of such design shall be made by the appeal board of adjustment;

(f) Detached ADUs shall share the same hard-surfaced driveway as the single-family dwelling to which such ADU is accessory, and shall have direct access to the street upon which the single-family dwelling fronts, unless alley access is provided. No new or additional curb cuts shall be permitted for the ADU;

(g) Detached ADUs shall have a minimum of 25 feet of unobstructed street frontage with no intervening structures present, to ensure adequate visibility and access for emergency vehicles; and

(h) Detached accessory dwelling units are not permitted in townhouse, zero lot line detached housing, or attached zero lot line housing developments. (Ord. 3182 § 6, 2011; Ord. 3122 § 15, 2010).

19.22.030 Home occupations.

Home occupations shall adhere to the following standards:

(1) Requirements. Home occupations shall not be permitted without a business license having first been issued in accordance with LMC Title 5. All home occupations shall comply with all applicable ordinances of the city, and shall be consistent with the following provisions:

(a) Home occupations located in the principal residence are restricted to not more than 30 percent of the usable floor area of the dwelling in which they are located. The principal use of the dwelling must remain residential;

(i) For the purposes of this section, “usable floor area” is defined as the finished living space in a dwelling unit but not including a cellar or garage.

(b) A detached accessory building may be used for home occupations; provided, that the total area devoted to the home occupation cannot exceed 30 percent of the useable floor area of the principal dwelling unit. Further, the total area devoted to a home occupation use in either the principal dwelling unit or an accessory building (or a combination thereof) shall not exceed 30 percent of the usable floor area of the principal residence;

(c) Only persons residing in the dwelling may be engaged in the home occupation;

(d) The conduct of any home occupation, including but not limited to the storage of goods and equipment, shall not reduce or render unusable required off-street parking;

(e) On-site retail sale of goods not produced, processed or fabricated on the premises is prohibited, unless the sale of items is incidental to a permitted home occupation (e.g., a barber shop that sells hair-care products, etc.). No goods or merchandise shall be displayed such that they are visible from public rights-of-way or adjacent properties;

(f) Home occupations shall not be permitted where they involve the construction of features and exterior modifications not customarily found in a dwelling and residential neighborhood as determined by the director;

(g) No stock-in-trade or merchandise is to be kept on the premises other than inventory and incidental supplies which are necessary for the conduct of the home occupation. Outdoor storage that is visible from a public right-of-way or adjacent properties, that exceeds what is customary for a residence, is prohibited;

(h) No noise, dust, odors, noxious fumes or vibrations resulting from a home occupation shall exceed that which is normally produced in a single-family dwelling. Mechanical or electronic equipment incidental to the conduct of a home occupation may be used, provided such use does not create visible or audible interference in radio, television or telecommunication receivers or transmitters, or cause fluctuations in line voltage off the premises. Home occupations shall not interfere with the delivery of utilities or other services to the area;

(i) Any type of repair or assembly of vehicles or equipment with internal combustion engine or of large appliances or any other work related to automobiles and their parts is prohibited;

(j) A home occupation may not serve as headquarters or dispatch centers where employees come to the site and are dispatched to other locations;

(k) No more than two vehicles may be used in association with the home occupation. The maximum size of the vehicles used in association with the home occupation is a light truck. Light trucks are trucks or similar vehicles with a single rear axle; and

(l) One sign is permitted to advertise the home occupation; however, such sign shall be no larger than two square feet in area, nonilluminated, and must be attached to the dwelling. (Ord. 3182 § 7, 2011; Ord. 3122 § 15, 2010).

19.22.040 Signs in residential zones.

In addition to the standards set forth in Chapter 16.13 LMC, the following regulations also govern the use of signs in the R-1, R-2, R-3, R-4 and TNR zones:

(1) Except as provided in Chapter 16.13 LMC, all signs shall relate to business or activities conducted on the premises on which the signs are situated.

(2) Signs that pertain to a home occupation activity shall adhere to the standards set forth in LMC 19.22.030.

(3) All signs approved under this section shall be nonflashing and, if illuminated by artificial light, such lighting shall be oriented to prevent light trespass onto adjacent residences and properties and shall be oriented towards the ground. Electronic readerboards are not permitted.

(4) Street, park, recreational, trail, public utility, and similar signs that are erected by the city of Longview are hereby exempted from the regulations of this section.

(5) Churches and schools may have up to two signs unlimited in size attached to the principal building for identification purposes. Churches, schools, parks and public playgrounds, existing or hereafter erected or created, may also have signs separate from any building or structure on the premises used for any such purpose so long as the signs do not exceed a total of 30 square feet in area and so long as no portion thereof, including any foundation, base or frame, is closer than 10 feet to any lot line at street intersections; provided, however, signs for school campuses shall be permitted which contain a total of not to exceed 80 square feet in area, not including foundation, base or frame, and not closer than 10 feet to any lot line.

(6) Duplex, triplex, fourplex, or townhouse developments may include one unit identification sign per unit; provided, that the sign is not more than five square feet in total area. In addition, one freestanding development and/or entrance sign may be erected; provided, that it does not exceed 10 square feet in total sign area and its associated structure, nor exceeding a height of six feet. Such signs shall be for the purpose of identification only.

(7) Multifamily Signs. For multifamily residential uses of five or more units within one principal structure, not more than one sign, attached to the principal building, not exceeding 20 square feet in area including all embellishments, shall be permitted. In addition, one freestanding sign, not exceeding 10 square feet in total sign area and its associated structure, nor exceeding a height of six feet, shall be permitted for multifamily apartment projects containing five or more units. No portion of the sign, including any foundation, base or frame, shall extend over any portion of the right-of-way. In addition, a maximum of two directional or informational signs not exceeding five square feet in area per sign may be erected; one of the two permitted directional or informational signs may be freestanding, not to exceed a height of 42 inches.

(8) Nonresidential Land Uses. Nonresidential land uses, except those listed above, in the R-3 and R-4 shall adhere to the following sign standards:

(a) Attached Signs. Nonresidential land uses as permitted in the residential zones may be permitted one sign attached to the principal building not to exceed 30 square feet in total sign area, including all embellishments. Nonresidential land uses located on corner lots may be permitted one sign attached to each elevation that faces a public right-of-way, not to exceed 20 square feet in area per sign, including all embellishments, to a maximum of two attached signs; and

(b) Detached Signs. Nonresidential land uses as permitted in the residential zones may be permitted one freestanding sign separate from signage attached to any building or structure on the premises so long as the sign and its associated structure does not exceed a total of 30 square feet in total sign area and so long as no portion thereof, including any foundation, base or frame, extends over any portion of the right-of-way, nor exceeds a height of eight feet. Nonresidential land uses located on corner lots may be permitted one freestanding sign facing each public right-of-way, up to a maximum of two freestanding signs, so long as each sign and its associated structure does not exceed a total of 20 square feet in total sign area, and so long as no portion thereof, including any foundation, base or frame, extends over any portion of the right-of-way, nor exceeds a height of eight feet. (Ord. 3122 § 15, 2010).