Chapter 17.10
USE ZONES

Sections:

17.10.010    Statements of intent for land use zones.

17.10.020    Permitted land uses.

17.10.030    Land use requirements.

17.10.040    Special land use conditions.

17.10.050    Planned development zone.

17.10.055    Espresso stands.

17.10.060    Recreational vehicle use.

17.10.070    Wireless communication facilities in D-C, S-C and H-I zones.

17.10.080    Wireless communication facilities in R-1, R-2, R-3 and M-C zones.

17.10.090    Wireless communication facility regulations for S-C, H-I and D-C zones.

17.10.100    Adult concessions.

17.10.110    Severability.

17.10.010 Statements of intent for land use zones.

The following subsections put forth the purpose and intent for each of the separate land use zones. These statements serve as the basis for the land uses which are either allowed or not allowed within each zoning district.

(1) Low Density Residential – R-1 Zone. This district is intended to protect and preserve the character of existing residential neighborhoods in a predominantly lower density pattern by only allowing land uses which are compatible with the established pattern. It is not intended to allow other land uses of a commercial or industrial nature which have the potential to erode the residential character of the district.

(2) Medium Density Residential – R-2 Zone. This district is intended to protect and preserve the character of existing residential neighborhoods with a medium density of development by only allowing land uses which are compatible with the established pattern including the infilling of the district with medium density residences. It is not intended to allow other land uses of a commercial or industrial nature which have the potential to erode the residential character of the district.

(3) High Density Residential – R-3 Zone. This district is intended to protect and preserve the character of existing residential neighborhoods with a higher density of development by only allowing land uses which are compatible with the established pattern including the infilling of the district with higher density residential development. It is not intended to allow other land uses of a commercial or industrial nature which would have the potential to erode the residential character of the district.

(4) Service Commercial – S-C Zone. The district is intended to accommodate commercial land uses which are predominantly vehicle-oriented or vehicle-served, including commercial uses which are directed toward tourists, one-stop shoppers, and uses which sell or service vehicles. Although pedestrian access from common parking areas is not discouraged in this district, it is recognized that most access to the commercial uses will be from separate parking areas owned by the adjacent commercial business. It is not intended to allow other land uses of a residential or industrial nature in this district which have the potential to create conflicts and diminish the effectiveness of a commercial district.

(5) Downtown Commercial – D-C Zone. This district is intended to accommodate commercial land uses which are predominantly pedestrian-oriented or pedestrian-served, including commercial uses which are directed towards more than one-stop shopping, which provide financial and professional services and which include establishments that provide opportunities for entertainment and socializing. Although vehicular access is usually necessary to arrive in this district, pedestrian access is encouraged throughout the area. It is not intended to allow other land uses of a residential or industrial nature, nor commercial uses which cater primarily to vehicles as these land uses have the potential to create conflicts with and to erode the established “Main Street” character of the district.

(6) Medical Commercial – M-C Zone. This district is intended to accommodate land uses which are predominantly oriented towards providing medical services or such auxiliary uses which complement a medical hospital, including facilities for extended residential care and housing for both patients and families. Recognizing that complete medical development of this district may occur over many years, existing and new residential land uses are allowable. It is not intended to allow other land uses of an industrial nature or of a commercial nature which are not related to or complementary to the prevailing medical intent.

(7) Heavy Industrial Zone – H-I Zone. The heavy industrial zone is intended to provide locations where uses are permitted outright for the manufacturing and assembly of materials into finished products; warehousing, storage and wholesale businesses; and offices that are related to the industrial uses allowed in the zone and located on the same site. The heavy industrial zone is also intended to provide locations for the manufacturing of products from raw material and/or products that may have a greater detrimental impact on environmental quality or the community. Additional restrictions may be imposed to mitigate these impacts.

(8) Port Commercial – P-C Zone. The port commercial zone is intended to provide locations for the manufacturing and assembly of materials into finished products, warehousing, storage and wholesale businesses, and offices and limited retail and service uses which are compatible with or associated with the industrial uses allowed.

(9) Planned Development – P-D Zone. This district is intended to permit flexibility in the design and development of larger tracts of land that are in common ownership or control.

(10) Neighborhood Commercial – N-C Zone. The neighborhood commercial zone is intended to provide commercial uses for the day to day needs of the immediate neighborhood. This zone is intended to be small while still providing commercial uses to those living nearby. The intent is to ensure compatibility with the vicinity neighborhood character and to reduce trip length and frequency by allowing only those uses that primarily serve the neighborhood and that do not have a tendency to draw traffic from outside the neighborhood. Convenience goods (e.g., goods, pharmacy, and sundries) along with personal services (e.g., dry cleaning, barbershops or beauty shops) are common goods and services offered. [Ord. 1528 § 1, 2014; Ord. 1392 § 1, 2004; Ord. 1138 § 1, 1992. Code 1966 § 17.03.010.]

17.10.020 Permitted land uses.

(1) Within each of the distinct zoning districts, certain land uses are permitted outright (subject to the conditions and restrictions found elsewhere in this title), and certain land uses are not permitted. The matrix on the following pages serves to illustrate whether or not a particular land use is allowed in a particular zoning district. Yes (Y) means that the land use is allowed outright. No (N) means that the land use is not allowed in that zoning district. Y* means that the land use is allowed outright; however, certain restrictions apply which are spelled out in CMC 17.10.040, 17.10.070, 17.10.080 and 17.10.090. CU means that the use is permitted in that zone classification subject to the conditional use process and approval.

(2) Refer to CMC 17.01.040 for a fuller explanation of these land uses.

(3) The final column of the matrix, labeled “Parking” is referenced to a key found in this section for each land use. [Ord. 1392 § 1, 2004; Ord. 1138 § 1, 1992. Code 1966 § 17.03.020.]

17.10.030 Land use requirements.

(1) Within each of the zoning districts, there are certain requirements which apply evenly to all lot, building and land uses within that zoning district. These requirements are put forth in the following matrices.

The following matrix serves to illustrate whether or not a particular land use is allowed in a particular zoning district. Yes (Y) means that the land use is allowed outright; however, it is still subject to applicable conditions found elsewhere in this title. No (N) means that the land uses in not allowed in that zoning district. Y* means that the land use is allowed outright; however, certain restrictions apply which are spelled out in CMC 17.10.040, 17.10.070, 17.10.080, 17.10.090 and Chapter 17.75 CMC. CU means that the use is permitted in that zone classification subject to the conditional use process and approval. Parking refers to the number of parking spaces required for each specific land use referenced on the land use matrix. Refer to the definitions in CMC 17.01.040 for further explanation of these land uses.

KEY: 

R-1

Low Density Residential

R-2

Medium Density Residential

R-3

High Density Residential

S-C

Service Commercial

D-C

Downtown Commercial

M-C

Medical Commercial

H-I

Heavy Industrial

P-C

Port Commercial

N-C

Neighborhood Commercial

 

A

2 spaces per dwelling unit

B

1.5 spaces per dwelling unit

C

1 space per guest room

D

1 space per bed or patient room

E

1 space per 4 seats or 8 feet of bench length in main room

H

1 space per classroom or (E), whichever is greater

I

6 spaces per alley

J

1 space per 100 sq. ft. of floor area

K

1 space per 200 sq. ft. of floor area

L

1 space per 300 sq. ft. of floor area

M

1 space per 400 sq. ft. of floor area

N

1 space per 600 sq. ft. of floor area

O

1 space for each employee on the largest shift

P

1 space per 4 seats*

Q

The optimum number of spaces shall be left to the recommendation of the owner with approval by the zoning official

The required number of parking spaces includes the required handicap parking spaces.

*For drive-in restaurants only, in addition to the parking requirements, 8 stacking spaces for the drive-up window, with a minimum of 4 such spaces designated for the ordering station. Such spaces shall be designed so as not to impede pedestrian or vehicular circulation on the site or on any abutting streets.

Exclusionary Zoning 

 

R-1

R-2

R-3

S-C

N-C

D-C

M-C

P-C

H-I

Parking

Aircraft hangar

N

N

N

N

N

N

N

Y

Y

Q

Adult family home

Y

Y

Y

N

N

N

Y

N

N

D

Apartment houses

N

Y**

Y

N

N

N

Y

Y

N

B

Arcade

N

N

N

Y

Y

Y

N

N

N

Q

Asphalt plant

N

N

N

N

N

N

N

N

Y

O

Automobile body repair shop

N

N

N

Y

N

N

N

Y

N

M

Automobile rental

N

N

N

Y

N

N

N

Y

N

M

Automobile sales or service

N

N

N

Y

N

N

N

Y

N

M

Automobile storage

N

N

N

Y

N

N

N

Y

Y

O

Bakery

N

N

N

Y

Y

Y

N

Y

N

N

Bank/financial institution

N

N

N

Y

Y

Y

N

N

N

L

Bar, tavern or cocktail lounge

N

N

N

Y

N

Y

N

Y

N

P

Beauty, barbershop

N

N

N

Y

Y

Y

Y

N

N

K

Bed and breakfast inn

CU

CU

Y

Y

N

Y

Y

N

N

C

Billboard

N

N

N

N

N

N

N

N

N

 

Boat building or repair

N

N

N

Y

N

N

N

Y

Y

N

Boat/mobile home sales/service

N

N

N

Y

N

N

N

Y

N

M

Boat moorage, commercial

N

N

N

Y

N

N

N

Y

Y

L

Bottling plant

N

N

N

N

N

N

N

N

Y

O

Bowling alley

N

N

N

Y

N

Y

N

Y

N

I

Brewery/distillery/winery

N

N

N

Y

N

Y

N

Y

Y

Q

Building supply outlet

N

N

N

Y

N

Y

N

Y

Y

L

Business or professional office

N

N

CU

Y

Y

Y

Y

Y*

N

K

Cabinet/furniture shop

N

N

N

Y

N

N

N

Y

Y

N

Car wash

N

N

N

Y

N

N

N

N

N

Q

Cement/clay products manufacturing

N

N

N

N

N

N

N

N

Y

O

Cemetery

Y

Y

Y

Y

Y

Y

Y

N

N

Q

Chemical storage

N

N

N

N

N

N

N

N

Y

O

Child day care center

CU

CU

CU

CU

CU

CU

CU

N

N

H

Church

Y

Y

Y

Y

Y

Y

Y

N

N

E

Concrete batch plant

N

N

N

N

N

N

N

N

Y

N

Contractors’ storage yard

N

N

N

N

N

N

N

Y

Y

L

Convenience store (floor area <2,500 sq. ft.)

N

N

N

Y

Y

Y

N

Y

N

J

Convenience store (floor area >2,500 sq. ft.)

N

N

N

Y

N

Y

N

Y

N

J

Dairy products processing

N

N

N

N

N

N

N

Y

Y

N

Dance, music, voice studio

N

N

N

Y

Y

Y

N

Y

N

L

Dormitory

N

Y*

Y

N

N

N

N

N

N

D

Drug store

N

N

N

Y

Y

Y

Y

Y

N

K

Dry cleaning establishment

N

N

N

Y

Y

Y

N

N

N

M

Duplex dwelling

Y

Y

Y

N

N

N

N

N

N

A

Equipment rental/sales yard

N

N

N

Y

N

N

N

Y

Y

L

Espresso/food stand

CU

CU

CU

Y

Y

N

Y

Y

N

O

Farming (with livestock)

N

N

N

N

N

N

N

N

N

 

Farming (without livestock)

N

N

N

N

N

N

N

N

N

 

Farm or heavy equipment sales/service

N

N

N

Y

N

N

N

Y

Y

L

Funeral home

N

Y

Y

Y

N

N

N

N

N

L

Food processing plant

N

N

N

N

N

N

N

Y

Y

O

Food store (floor area <2,500 sq. ft.)

N

N

N

Y

Y

Y

N

Y

N

M

Food store (floor area >2,500 sq. ft.)

N

N

N

Y

CU

N

N

Y

N

M

Fraternity/sorority house

N

Y*

Y

N

N

N

N

N

N

D

Freight terminal

N

N

N

N

N

N

N

Y

Y

O

Frozen food locker

N

N

N

Y

N

N

N

N

N

M

Fuel yard

N

N

N

N

N

N

N

N

Y

Q

Furniture refinishing

N

N

N

Y

N

N

N

Y

Y

M

Garage, private

Y

Y

Y

Y

N

N

Y

N

N

Q

Garage, repair

N

N

N

Y

N

N

N

Y

Y

N

Gas station

N

N

N

Y

Y

N

N

Y

Y

L

Gift shop

N

N

N

Y

Y

Y

N

Y

N

L

Grain storage

N

N

N

N

N

N

N

Y

Y

Q

Hazardous waste facility

N

N

N

N

N

N

N

N

Y

O

Health club, private

N

N

N

Y

Y

Y

N

Y

N

L

Home occupation

Y

Y

Y

N

N

N

N

N

N

Q

Hospital

N

N

N

N

N

N

Y

N

N

D

Hotel

N

N

N

Y

N

Y

Y

Y

N

C

Ice manufacturer – Cold storage plant

N

N

N

N

N

N

N

Y

Y

O

Industrial use, heavy

N

N

N

N

N

N

N

N

Y

O

Industrial use, light

N

N

N

Y

N

N

N

Y

Y

O

Junkyard

N

N

N

N

N

N

N

N

N

 

Kennel

N

N

N

N

N

N

N

N

Y

M

Laundry, commercial/industrial

N

N

N

Y

N

N

N

Y

N

K

Laundry, self serve

N

N

N

Y

Y

Y

N

Y

N

J

Machine shop

N

N

N

Y

N

N

N

Y

Y

N

Manufacturing

N

N

N

N

N

N

N

Y

Y

O

Manufactured house

Y

Y

Y

N

N

N

Y

N

N

A

Manufactured housing park

N

N

Y*

N

N

N

N

N

N

A

Marijuana, retail/medical processing1

N

N

N

N

N

N

N

N

Y

O

Marijuana, retail/medical production1

N

N

N

N

N

N

N

N

Y

O

Marijuana, retail/medical retail sales1

N

N

N

Y

N

Y

N

Y

N

K

Marina

N

N

N

N

N

N

N

Y

Y

L

Meat packing plant

N

N

N

N

N

N

N

Y

Y

O

Medically related professional office

N

N

Y*

Y

Y

Y

Y

Y

N

K

Medical, dental, optical laboratory

N

N

N

Y

N

Y

Y

Y

N

K

Mobile home park

N

N

Y*

N

N

N

N

N

N

A

Monument works

N

N

N

Y

N

Y

N

Y

Y

N

Mortuary

N

N

N

Y

N

N

Y

N

N

L

Motel

N

N

N

Y

N

N

N

Y

N

C

Nursery for flowers and plants

N

N

N

Y

Y

N

N

Y

Y

M

Nursing home

Y

Y

Y

N

N

N

Y

N

N

D

Parking lot

N

N

CU

Y

Y

Y

Y

Y

Y

Q

Petroleum storage

N

N

N

N

N

N

N

N

Y

Q

Photo studio

N

N

N

Y

Y

Y

N

Y

N

K

Planned development

Y

Y

Y

Y

Y

Y

Y

N

N

A

Print shop

N

N

N

Y

N

Y

N

Y

N

M

Public utility yard

N

N

N

N

N

N

N

Y

Y

Q

Recreational facility, public

CU

CU

CU

CU

N

N

N

CU

N

Q

Recreational vehicle park

N

N

CU

Y

N

N

N

N

N

B

Recycling center

N

N

N

N

N

N

N

N

Y

Q

Recycling collection point

Y

Y

Y

Y

Y

Y

Y

Y

Y

Q

Recycling plant

N

N

N

N

N

N

N

N

Y

O

Rendering plant

N

N

N

N

N

N

N

N

N

 

Research laboratory

N

N

N

Y

N

N

Y

Y

Y

L

Restaurant

N

N

N

Y

Y

Y

N

Y

N

P

Restaurant, drive-in

N

N

N

Y

Y

N

N

N

N

P***

Retail store (floor area <2,500 sq. ft.)

N

N

N

Y

Y

Y

N

Y

N

M

Retail store (floor area >2,500 sq. ft.)

N

N

N

Y

N

Y

N

Y

N

M

Sanitary landfill

N

N

N

N

N

N

N

N

N

Q

Sales, occasional

N

N

N

Y

Y

Y

N

Y

N

K

Schools (college)

N

N

N

Y

N

N

Y

N

N

H

Schools (K – 12)

Y

Y

Y

Y

N

N

N

N

N

H

Second-floor apartment

Y

Y

Y

Y

Y

Y

Y

Y

N

B

Service station

N

N

N

Y

N

N

N

Y

N

L

Sign shop

N

N

N

Y

N

Y

N

Y

N

N

Single-family dwelling

Y

Y

Y

N

N

N

Y

N

N

A

Storage rental unit

N

N

N

Y

N

N

N

Y

N

Q

Terminal yard, trucking

N

N

N

N

N

N

N

Y

Y

Q

Tire shop

N

N

N

Y

N

N

N

Y

Y

M

Theater, interior

N

N

N

Y

N

Y

N

N

N

E

Transportation facility

N

N

N

N

N

N

N

Y

Y

Q

Truck and tractor repair

N

N

N

N

N

N

N

Y

Y

M

Upholstery shop

N

N

N

Y

N

Y

N

Y

Y

N

Veterinary clinic

N

N

N

Y

N

N

N

Y

Y

M

Warehouse

N

N

N

Y

N

N

N

Y

Y

O

Wholesale distributing facility

N

N

N

Y

N

N

N

Y

Y

O

Wireless telecommunication facility

Y*

Y*

Y*

Y*

Y*

Y*

Y*

Y*

Y*

CU

Wood processing plant

N

N

N

N

N

N

N

Y

Y

O

Wrecking yard

N

N

N

N

N

N

N

N

N

O

* Review special requirements.

** Maximum of four attached units (four-plex).

*** In addition to the parking requirement, eight stacking spaces for the drive-up window, with a minimum of four such spaces designated for the ordering station. Such spaces shall be designed so as not to impede pedestrian or vehicular circulation on the site or on any abutting streets.

1 Review special state requirements.

(2) Distinction Between Downtown Commercial Area and Service Commercial Area. Clarkston’s downtown business district is a concentrated mix of commercial uses which are primarily pedestrian-oriented. This orientation is complemented by generous on-street and off-street parking.

The service commercial areas are primarily one-stop activities which are vehicular-oriented. This orientation is complemented by ready access from and locations on major arterial streets.

Recognizing these distinctions, certain land uses are appropriately located in the service commercial area which are not appropriate or compatible with the downtown commercial area. These uses are:

Auto body repair shop

Auto sales and service

Auto storage

Boat building or repair

Boat and mobile home sales/service

Bottling plant

Cabinet/furniture shop

Car wash

Commercial boat moorage

Convenience store

Dependent mobile home park

Drive-in theater

Equipment rental and sales yard

Farm or heavy equipment sales/service

Food store > 2,500 square feet

Frozen food locker

Furniture refinishing

Garage, private

Garage, repair

Kennel

Marina

Motel

Nursery for flowers and plants

Recreational vehicle park

Recycling center

Schools (college)

Service station

Storage rental unit

Tire shop

Veterinary clinic

Warehouse

Wholesale distributing facility

REQUIREMENTS

 

R-1

R-2

R-3

S-C

N-C

D-C

M-C

H-I
P-C

General requirements:

Minimum lot size in square feet

5,000

5,000

5,000

5,000

5,000

NA

5,000

NA

Area required for additional dwelling units (s.f.)

3,5001

2,5002

1,500

NA

NA

NA

NA

NA

Minimum lot width

50

50

50

50

50

NA

NA

NA

Minimum lot depth

100

100

100

100

100

NA

NA

NA

Primary building:

Front yard setback

25

20

20

15

15

0

20

0

Rear yard setback

15

15

15

15

15

0

15

0

Side yard setback

7 or 105

7 or 105

7 or 105

5

5

0

5

0

Side yard setback, corner lot, street side

15

15

15

0

0

0

0

0

Auxiliary building: (less than 120 s.f.)

Front yard setback

25

20

20

15

15

0

20

0

Rear yard setback

3

3

3

0 or 153

0 or 153

0

0 or 153

0

Side yard setback

3

3

3

0 or 153

0 or 153

0

0 or 153

0

Auxiliary building: (more than 120 s.f.)

Front yard setback

25

20

20

15

15

0

20

0

Rear yard setback

3 or 104

3 or 104

3 or 104

0 or 153

0 or 153

0

0 or 153

0

Side yard setback

5

5

5

0 or 153

0 or 153

0

0 or 153

0

Maximum lot coverage by structures

40%

45%

50%

60%

60%

100%

60%

100%

Building height limit

35

35

35

35

35

35

35

35

1    To a maximum of two units contained within a single structure (duplex), and one structure per lot.

2    To a maximum of four units contained within a single structure, and one structure per lot.

3    The larger setback is required where the yard adjoins a residential property.

4    The larger setback is required where no alley adjoins the rear lot. The larger setback also applies to garages on alleys where the vehicular access to the garage is perpendicular to the alley or at an angle between 45 and 90 degrees to the alley, to allow for safe visibility.

5    Seven-foot setback required on each side if alley access, seven on one side and 10 on the other if no alley access.

NOTE: The maximum eave overhang or other building projection allowed is four inches for every 12 inches of required setback. The required setback is measured from the property line to the outside of the foundation wall.

(3) Refer to Chapter 15.24 CMC for the requirements pertaining to signs within the zoning districts. [Ord. 1560 § 1 (Exh. A), 2016; Ord. 1556 § 1, 2016; Ord. 1528 § 1, 2014; Ord. 1460 § 1, 2010; Ord. 1422 § 1, 2007; Ord. 1392 § 1, 2004; Ord. 1329 §§ 2 – 4, 2000; Ord. 1310 § 1, 1999; Ord. 1267 § 1 (Exh. A), 1997; Ord. 1228 § 1, 1996; Ord. 1222 § 1, 1996; Ord. 1212 § 1, 1995; Ord. 1195 § 1, 1994; Ord. 1138 § 1, 1992. Code 1966 § 17.03.030.]

17.10.040 Special land use conditions.

Certain land uses are only allowed to locate within certain land use zones when in accordance with the following special land use conditions. These certain land uses are those indicated by a Y* in the matrix of CMC 17.10.030. These conditions must be fully completed before said land use shall be allowed to operate within that land use zone.

(1) A business or professional office in the R-3 zone shall have no off-street parking within the required front yard area; shall have a sight-obscuring landscape barrier, as described in CMC 17.15.070(2)(i), along the perimeter of all sides of the off-street parking except for one ingress/egress point; shall have no outside storage of goods or materials; and shall have no advertising signage. Signage shall be limited to a single notification sign, nonlighted, of not more than eight square feet in area.

(2) A child day care center in a R-1, R-2 or R-3 zone shall have all of the conditions of subsection (1) of this section. Furthermore, the designated outdoor play area shall have a sight-obscuring landscape barrier, as described in CMC 17.15.070(2)(i), along the perimeter of all sides of the outdoor play area which borders adjacent properties.

(3) A dormitory in a R-2 zone shall have all of the conditions of subsection (1) of this section. Furthermore, the number of rooming units per square footage of lot area shall be no greater than twice the number of dwelling units normally allowed in the R-2 zone.

(4) A fraternal/social lodge in a R-2 or R-3 zone shall have all of the conditions of subsection (1) of this section.

(5) A fraternity/sorority house in a R-2 zone shall have all of the conditions of subsection (1) of this section. Furthermore, the number of rooming units per square footage of lot area shall be no greater than twice the number of dwelling units normally allowed in the R-2 zone.

(6) A medically related professional office in a R-3 zone shall have all of the conditions of subsection (1) of this section.

(7) A mobile home park in a R-3 zone shall comply with all the following conditions. An application for a mobile home park shall follow the same process as for a planned development zone as set out in CMC 17.10.060.

(8) A dependent mobile home park in a R-3 or S-C zone shall comply with all the conditions and requirements of CMC 17.10.060. Furthermore, it shall provide facilities for emptying the holding tanks of recreational vehicles. An application for a dependent mobile home park shall follow the same process as for a planned development as set out in CMC 17.10.050. [Ord. 1138 § 1, 1992. Code 1966 § 17.03.040.]

17.10.050 Planned development zone.

The planned development process may be applied to any zoning district of the city and is employed as an overlay upon that preexisting zone.

(1) Standard Requirements. Each of the following requirements must be met before a planned development can be approved:

(a) The planned development shall be consistent with the goals of the comprehensive plan.

(b) The overall site design shall not create negative impacts upon the existing surrounding neighborhoods.

(i) For mobile home parks, there shall be a sight-obscuring fence at least six feet high enclosing the entire park except at points of ingress/egress.

(c) The site shall be designed to produce an efficient, functional and cohesive plan.

(i) For mobile home parks, the minimum space for each mobile home shall be 1,200 square feet.

(ii) For mobile home parks, there shall be a minimum of 15 feet side-to-side spacing and 10 feet end-to-end spacing between mobile homes. There shall be a minimum of 10 feet between mobile homes and adjacent property lines and 25 feet between mobile homes and a street right-of-way line.

(d) The site shall be a minimum of an acre and a half.

(e) The street system shall provide safe and convenient vehicular movement on and adjacent to the site. The site shall have public and private street access as required by the city fire department for service by emergency vehicles. There shall be no dead-end street longer than 50 feet without an adequate cul-de-sac. An adequate cul-de-sac has an unobstructed surface area with a minimum diameter of 76 feet if parking is disallowed or 90 feet if parking is allowed within the cul-de-sac.

(f) There shall be a minimum of two off-street parking spaces for each dwelling unit. Furthermore, these parking spaces shall be situated on or immediately adjacent to the dwelling unit. In addition, there shall be a minimum of one off-street parking space per every three dwelling units provided for the parking of recreational vehicles, trailers, boats, etc. These parking spaces may be grouped or located anywhere on the site.

(g) Developments which include more than four dwelling units shall comply with city construction standards pertaining to street material, type and depth, etc. Flexibility is allowed on street width within the development.

(h) The city shall, as a condition of approval, require the developer to construct storm drainage facilities such as dry wells, retention/detention basins or other methods acceptable to the city so that runoff or the rate of surface runoff flow now leaving the proposed site will not be exceeded after complete development of the site by a 10-year design frequency storm. If deemed necessary by the city, higher runoff factors may be required when the developer designs such containment facilities. The developer may be required to show by engineering analysis that such settling and stormwater runoff containment facilities will contain 10-year runoffs so that stormwater runoff from the developed site is no greater than it would have been if the land were left undeveloped.

(i) The pedestrian circulation system shall assure that pedestrians can move safely throughout the development.

(j) The developer shall be required to provide water sources and/or facilities adequate for fire protection services. The site shall provide fire hydrants of sufficient capacity and spacing as required by the city fire department.

(k) Adequate, functional common open space shall be provided. A minimum of 25 percent of the site shall be provided as open space. Open space is considered as the landscaped area of the site which is open to all residents and does not include any land used for vehicular access, parking, temporary or permanent storage or private patios or courtyards.

(l) The development shall meet all city design standards, requirements and specifications for all public services including water, sewer, electricity, natural gas (where available) and telephone.

(2) Homeowners’ Associations (HOA) Requirements. Unless the planned development or mobile home park is to be held in single-party ownership, a HOA shall be established for the purpose of maintaining any common open space lands, recreational areas and communally owned facilities and parking areas within the site. The developer shall submit a legal instrument setting forth a plan providing for such care and maintenance. If the common open space is deeded to a HOA, the applicant shall file the proposed documents governing the HOA. The following HOA provisions must be met:

(a) HOA covenants shall be submitted as part of the preliminary and final plans. These covenants must be approved and a copy on file with the city and county auditor before any lots/units can be sold.

(b) Membership in the HOA must be mandatory for each property owner and each residential unit.

(c) Open space restrictions and other easements, covenants or other provisions must be permanent and not for a period of years.

(d) The HOA shall have the power to levy assessments which can become a lien on the individual premises for the purpose of paying the cost of operating and maintaining common facilities.

(e) The HOA must be established before any lots/units can be sold. The developer shall maintain all responsibilities of the HOA until 75 percent of build-out and occupancy occurs. The HOA board of directors shall be operating and functioning before the developer relinquishes control.

(f) The board of directors of the HOA shall consist of at least five members who shall be owners of property in the development.

(g) The HOA shall be responsible for liability insurance, taxes and maintenance of the open space and other common facilities.

(3) General Review Procedures. A planned development is processed in three stages: conceptual review, preliminary plan and final plan. All three stages are mandatory. Decisions made at the conceptual review stage and at the preliminary plan review stage are advisory only. The decision shall be reduced to writing and submitted to the city council as evidence at the time of the public hearing on final plan review. If the applicant desires to phase the development, a master plan shall be required. The applicant shall pay all costs of review, including, but not limited to, legal notice publication fees.

(a) Conceptual Review. The purpose of the conceptual review is to provide a preliminary review of the anticipated development of a particular parcel of land. For this review, a general outline of the proposal, including sketch plans, shall be submitted and reviewed by the city. Written comments from the city to assist the applicant prior to preparing the components of the planned development application shall be provided.

(b) Master Plan. A master plan shall be required for any planned development which is intended to be developed in phases. The purposes of the master plan are to establish general planning and development control parameters and to identify overall phasing while allowing sufficient flexibility to permit more detailed planning at the time of development. The proposed master plan, with the preliminary plans for the first phase of development, shall be submitted to the city and processed as preliminary plans.

(i) The master plan will not be reviewed on the basis of specific design standards and criteria contained in this section, but rather on the basis of conformance with the city’s comprehensive plan.

(ii) Minor changes to the master plan can be approved administratively by city staff with no additional public hearings. The city staff shall not, however, approve:

(A) A change in the use or character of development;

(B) An increase in the problems of traffic circulation and public utilities;

(C) An increase greater than two percent in the gross floor areas of commercial buildings;

(D) An increase greater than one percent in the approved residential density of the proposed development.

(iii) Any changes, other than minor changes, may be made only upon review by the planning commission and city council and must follow the same review and hearing process required for preliminary plans. Once the master plan is approved, it will be kept on file by the city and changes will be recorded as amendments to the master plan.

(c) Preliminary Plan. Upon completion of the conceptual plan review, a preliminary plan may be filed. This should include a master plan if the project is being done in phases. Materials will first be reviewed by city staff. If the plan has sufficient information and is complete, the project will be placed on the formal review agenda and public hearing scheduled before the planning commission as set forth in CMC 17.45.140. Approval of the preliminary plan shall not constitute approval of the layout and densities as a guide to the preparation of the final plan.

The preliminary plan shall include the following information:

(i) Area and dimensions of the tract of land;

(ii) Location and dimensions of all lots/units;

(iii) Location and dimensions of all streets and walks;

(iv) Location of proposed and existing buildings;

(v) Location of utility lines/services;

(vi) Existing and proposed site topography including grading and drainage;

(vii) Location of fire hydrants, dumpsters, fences, etc.;

(viii) Other applicable information as may be necessary to interpret the compliance of the plans to the regulations of the city.

(d) Final Plan. Application for a final plan should be made after the preliminary plan review by the planning commission. The final plan shall be in substantial compliance with the preliminary plan reviewed by the planning commission. If the final plan is not in substantial compliance, then the changed plan must be resubmitted as a preliminary plan and go through the preliminary plan review procedures again. The final plan shall be placed on the city council’s formal review agenda and a public hearing shall be held on the final plan. The project may be approved, disapproved or approved with conditions. If the project is approved, the final plan will be filed with the city and the county auditor.

The applicant or any other party may appeal the city council’s decision on the final plan to superior court within 15 days after the council has made its decision. Written notice of the appeal shall be filed with the superior court clerk. If an appeal is not filed with the superior court clerk within the 15-day period, the decision of the city council is final.

The approval authorization of a final plan is valid for only 36 months after the date of filing with the county auditor. Active, physical development must commence within that time frame to continue the validity of the authorization. If, after 36 months have expired without active, physical development, the developer may request, in writing, a 12-month extension. Upon receipt of such written request, the city council shall ascertain if (i) the required necessary services are still available for the scale of development being proposed, and (ii) if development regulations have altered substantially that may or should affect the planned development. [Ord. 1244 § 1.0, 1996; Ord. 1138 § 1, 1992. Code 1966 § 17.03.050.]

17.10.055 Espresso stands.

(1) Espresso stands shall not exceed 400 square feet in size.

(2) No indoor or covered seating shall be allowed. A maximum of four outdoor seats or a picnic table will be allowed if space permits.

(3) Parking.

(a) No espresso stand may allow cars to wait for service in the public right-of-way. Drive-up windows shall provide at least five vehicle stacking spaces at a single window, or if there are two or more windows, three cars per window.

(b) A minimum of two parking spaces shall be provided for employees.

(4) Location.

(a) The stand and service area shall not block designated sidewalks, emergency exits or fire lanes.

(b) The stand and service area shall not occupy any required parking spaces or encroach into vehicle travel lanes.

(c) The stand shall not be located within any required yard or landscape area.

(5) Restrooms. Restrooms for employees shall be contained within the unit or located within 200 feet of the unit and accessible to employees during operating hours. Written permission to use the restrooms must be provided. [Ord. 1460 § 1, 2010.]

17.10.060 Recreational vehicle use.

A recreational vehicle shall not be used in any zoning district within the city of Clarkston for living or sleeping when the RV is located outside of a permitted RV park or permitted MH park except under the following conditions:

(1) Construction Exception. For residential occupancy during the period of construction of a dwelling unit on the same site, within the corporate limits of the city upon the following conditions:

(a) The unit shall be connected to the city sewer;

(b) A permit shall be obtained from the city;

(c) The cost of the permit shall be $50.00;

(d) The permit shall authorize the temporary occupancy of the unit for a 90-day term. The term shall begin when the permit is issued;

(e) An additional permit may be issued when a 90-day term expires upon payment of an additional $50.00 permit fee. However, no more than three permits may be issued to any individual in any 12-month period;

(f) A permit will not be issued until a building permit has been issued for the dwelling unit;

(g) The RV shall be located off the public right-of-way at all times and located no closer than five feet to property lines.

(2) Hardship Exception. Relates to the need for on-site care of a family member with the use of an RV by either the care giver or the recipient of the care. Such exception will be reviewed and acted upon on a case-by-case basis. The approval of a hardship exception will be based on one or more of the following criteria:

(a) The unit shall be connected to the city sewer;

(b) A permit shall be obtained from the city;

(c) The cost of the permit shall be $50.00 and authorizes use for a six-month period;

(d) A doctor’s statement verifying need of continual care due to a person’s physical or mental health may be required;

(e) Utilization by family members only;

(f) No income may be derived from the temporary mobile home;

(g) Property owner may renew for an additional six-month period. Renewal will require an additional $50.00 permit fee. Renewal will be based on the criteria herein;

(h) The RV shall be located off the public right-of-way at all times and shall be located on the property where the care is given or received;

(i) The RV shall not be allowed in the front setback area of the home and shall be no closer than five feet from a side or rear property line.

(3) Nonresident Visitor. This restriction shall apply when the user of the recreational vehicle is not a resident of the city, but is visiting a resident of the city, in which event the recreational vehicle may be lived in for a period not to exceed 14 consecutive days. Specific exceptions may be granted under this section. The RV shall not be permanently connected to separately metered gas, water or sewer service, but may be temporarily connected to existing water service and electric service. The RV shall be located off the public right-of-way at all times. [Ord. 1527 § 1, 2014; Ord. 1392 § 1, 2004; Ord. 1330 § 1, 2000; Ord. 1204 § 1, 1996. Code 1966 § 17.03.060.]

17.10.070 Wireless communication facilities in D-C, S-C and H-I zones.

Wireless communication facilities are permitted as primary, accessory, or conditional uses, subject to the provisions of Chapter 17.75 CMC. Nothing in this chapter is intended to affect the installation, maintenance or use of a parabolic antenna that is two meters or less in diameter and is located or proposed to be located in a D-C, S-C or H-I zone where commercial or industrial uses are generally permitted. [Ord. 1329 § 5, 2000. Code 1966 § 17.03.070.]

17.10.080 Wireless communication facilities in R-1, R-2, R-3 and M-C zones.

Wireless communication facilities permitted as principal or accessory uses are subject to the provisions of this chapter and the following requirements:

(1) Accessory antenna devices, parabolic antennas two feet in diameter or less, omni-directional antennas less than six feet in length, directional antennas five feet or less in height with a combined surface area of not more than 580 square inches (two feet by two feet) as viewed from any one point, and camouflaged antennas are permitted subject to the design criteria set forth in CMC 17.75.120 and subject to meeting the following criteria:

(a) The antenna is attached to an existing structure; and

(b) The antenna does not extend more than 10 feet above the top of the structure.

(2) Freestanding parabolic antennas greater than two feet in diameter and associated support structure are subject to the design criteria set forth in CMC 17.75.120 and subject to meeting the following criteria:

(a) The antenna and associated support structure are not located within any required landscaped setback, front or side yard setback, or in the area located between the front setback line and the front of the building; and

(b) The antenna and associated support structure does not exceed more than 10 feet above the adjoining grade.

(3) Attached or freestanding antennas and associated support structures which are not specifically permitted under subsection (1) or (2) of this section which exceed the associated criteria shall comply with the following requirements:

(a) The antenna and support structure shall be subject to the maximum building height for the corresponding zone in which it is located. Such height restriction shall not be subject to granting of a variance;

(b) The antenna and associated support structure shall not be located within any required landscaped setback, front or side yard setback, or in the area located between the front setback line and the front of the building;

(c) The antenna and associated structure shall comply with required setbacks and shall be set back from the required side yard setback an additional one foot for each foot of height over 10 feet;

(d) The antenna and associated structure shall comply with the performance standards set forth in CMC 17.75.120; and

(e) No more than one freestanding support structure shall be permitted per lot. [Ord. 1329 § 6, 2000. Code 1966 § 17.03.080.]

17.10.090 Wireless communication facility regulations for S-C, H-I and D-C zones.

Wireless communication facilities permitted as principal or accessory uses, or by conditional use permit, are subject to the provisions of this chapter and the following requirements:

(1) Facilities as an Accessory Use in S-C, H-I and D-C Zones. The following facilities are permitted as accessory uses in S-C, H-I and D-C zones subject to compliance with the performance standards set forth in this section and the following requirements:

(a) Attached accessory antenna devices, parabolic antennas two feet or less in diameter, mini-directional antennas six feet or less in length, directional antennas five feet or less in height with a combined surface area of not more than 580 square inches as viewed from any one point, and stealth antennas, not extending more than 15 feet above the roof surface of the structure;

(b) Attached parabolic antennas greater than two feet in diameter, omni-directional antennas greater than six feet in length, and directional antennas greater than five feet in height with a combined surface area of more than 580 square inches as viewed from any one point, shall also comply with the following requirements:

(i) The antenna and associated support structure shall be set back two feet from any exterior building wall for every one foot of height measured from the surface of the roof, except when incorporated as an architectural feature of the building or screened from view from any public right-of-way or residential zone. [Ord. 1329 § 7, 2000. Code 1966 § 17.03.090.]

17.10.100 Adult concessions.

(1) It is recognized that some uses by their very nature are incompatible with the maintenance and enjoyment of other necessary and existing uses and inherently possess serious objectionable operational characteristics, particularly when concentrated in close proximity to each other or other incompatible uses, which may have deleterious effects upon adjacent areas and neighborhoods. Special regulation of these uses is necessary to ensure these adverse effects will not cause or contribute to the blighting or downgrading of the surrounding neighborhood.

(2) Adult concessions, as defined by CMC 17.01.040, are recognized as being a use that may prove detrimental in certain circumstances to its surrounding neighborhoods and thereby the following regulations are imposed:

(a) No adult concession shall be located:

(i) Within 500 feet of any residential zone;

(ii) Within 500 feet of any public or private school, or any trade or vocational school that on a regular basis has at least one student under the age of 18 years;

(iii) Within 500 feet of any church or other religious facility or institution;

(iv) Within 500 feet of any park or any public facility or open space zone.

(b) No person owning, operating or managing an adult concession or his employee or agent shall invite, allow or permit any person under the age of 18 years to enter or remain on the premises of any adult concession.

(c) There shall be no window, marquee or other display of any matter depicting or portraying specified anatomical areas, or specified sexual, implied or simulated activities.

(3) Violation of the use provisions of this section is declared to be a public nuisance per se which shall be abated by a civil action only and not by criminal prosecution.

(4) Nothing in this section is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any ordinance or statute of the city of Clarkston, county of Asotin, state of Washington or the United States.

(5) The measurement of distances called for in this title shall mean the straight line distance from the structure or property line. [Ord. 1349 § 2, 2001. Code 1966 § 17.03.100.]

17.10.110 Severability.

If any section, subsection, sentence, clause, phrase or any portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council of the city of Clarkston hereby declares that it would have adopted the ordinance codified in this chapter and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. [Ord. 1349 § 3, 2001. Code 1966 § 17.03.105.]