Chapter 17.19
SPECIFIC USES—REGULATIONS
Sections:
17.19.010 Volatile toxic and volatile flammable material storage.
17.19.030 Automobile-oriented uses.
17.19.050 Parking campers, boats, trailers in public rights-of-way and alleys.
17.19.070 Stables, corrals, riding academies.
17.19.080 Fruit and vegetable stands.
17.19.100 Enclosure of trash containers.
17.19.110 Rooming houses and boarding houses.
17.19.130 Accessory dwelling unit.
17.19.140 Nursery schools and child day care facilities (more than twelve children).
17.19.150 Family day care (twelve or less children).
17.19.160 Group housing for handicapped persons.
17.19.170 Vehicle storage, vehicle repair garages and service stations.
17.19.200 Electric vehicle infrastructure.
17.19.210 Essential public facilities.
17.19.010 Volatile toxic and volatile flammable material storage.
The bulk storage of toxic and flammable material, as defined by the International Fire Code, will only be permitted in the IH district upon approval of a conditional use permit in accord with Chapter 17.23.
Such storage must be provided with adequate safety devices to guard against the hazard of over pressurization or heating caused by sunlight, fire or heating equipment. Adequate fire suppression and firefighting equipment and devices shall be approved by the fire marshal and in accord with all applicable laws. Review of the conditional use will include a review of all routes for transport of the material. (Ord. 923 § 1 (part), 2012: Ord. 689 § 1 (part), 1997. Formerly 17.60.010).
17.19.020 Animal keeping.
(a) In R districts, dogs and cats of the age of ten weeks or older, rabbits, guinea pigs, and similar small animals may be kept so long as there are not more than three of each kind and not more than a combined total of six. All cages, pens and runs must be maintained in a clean and sanitary condition and meet setbacks. Animals and birds must not roam or fly to adjacent properties. Animals and their surroundings must be maintained to prevent a nuisance due to noise or smell.
(b) An increase in the allowable number and types of animals may be permitted upon approval of a conditional use permit in accord with Section 17.23.020. (Ord. 1006 § 1 (Exh. A) (part), 2020: Ord. 970 § 6, 2017: Ord. 923 § 1 (part), 2012: Ord. 802 § 2, 2006: Ord. 689 § 1 (part), 1997. Formerly 17.60.030).
17.19.030 Automobile-oriented uses.
No vehicle service apparatus may be within fifteen feet of a public way. Automatic washing equipment, hydraulic hoists, pits, lubricating equipment, and washing equipment and the like must be kept within a completely enclosed building and comply with all applicable codes and ordinances. For restaurant or similar drive-through windows, all food or beverage preparation shall be kept within a completely enclosed building (this does not apply to food trucks) and comply with all applicable codes and ordinances. All washing residue must be biodegradable and drained in accord with applicable public works standards. (Ord. 1006 § 1 (Exh. A) (part), 2020: Ord. 923 § 1 (part), 2012: Ord. 689 § 1 (part), 1997. Formerly 17.60.040).
17.19.040 Motels.
If a motel is in an RH district, the motel must maintain a street frontage yard and that not used for parking must be landscaped with at least a ten-foot-wide strip across all street frontage areas. The landscaping must include a combination of two or more of the following: lawn, shrubs, decorative rock, or trees. Except for such frontage yard, a six-foot-high sight-obstructing fence or masonry wall must separate the property from any adjoining residential use. (Ord. 923 § 1 (part), 2012: Ord. 689 § 1 (part), 1997. Formerly 17.60.055).
17.19.050 Parking campers, boats, trailers in public rights-of-way and alleys.
Trailers, boats, camper tops, recreational vehicles, modular structures, portable structures, owned by a person residing on the premises may be stored in an R district but not within a public right-of-way or alley. (Ord. 923 § 1 (part), 2012: Ord. 689 § 1 (part), 1997. Formerly 17.60.070).
17.19.060 Satellite dishes.
Satellite dishes greater then one meter in width must observe all setbacks. The setback will be measured to the nearest point of the satellite structure. (Ord. 923 § 1 (part), 2012: Ord. 689 § 1 (part), 1997. Formerly 17.60.080).
17.19.070 Stables, corrals, riding academies.
Public and private stables, corrals and riding academies must be located on a parcel of at least five acres. No stables or barns shall be located within five hundred feet of any property located within a residential zone. Corrals, exercise yards and riding rings, and open air storage of hay, straw, shavings and other such material must be at least thirty-five feet from the property line or forty-five feet from a dwelling unit on abutting property. (Ord. 970 § 7, 2017: Ord. 923 § 1 (part), 2012: Ord. 689 § 1 (part), 1997. Formerly 17.60.090).
17.19.080 Fruit and vegetable stands.
Fruit and vegetable stands may be erected, during the harvest season. The stand must be removed at the end of the season and the property restored to an orderly condition. Off-street parking and access must conform with this title. (Ord. 923 § 1 (part), 2012: Ord. 689 § 1 (part), 1997. Formerly 17.60.100).
17.19.090 Junk.
Except as otherwise permitted or restricted, the storage or collection of junk, scrap, licensed or unlicensed, wrecked or inoperative vehicles, and equipment or parts thereof, or abandoned sheds, buildings or the like, are not permitted in any district unless within a completely enclosed building or screened from view by a sight-obstructing fence or wall in conformance with all applicable codes and ordinances. (Ord. 923 § 1 (part), 2012: Ord. 689 § 1 (part), 1997. Formerly 17.60.110).
17.19.100 Enclosure of trash containers.
All garbage cans, bins, dumpsters, containers and other garbage receptacles within C, I and PF districts or serving multifamily dwellings must be within a completely enclosed building or screened from view by a sight-obscuring wall or fence at least six feet high and with a gate or door of similar sight-obscuring material to provide access. All enclosures must be at least twenty feet from any residential use. No garbage, trash, waste or other refuse may be allowed to accumulate around or within the enclosure. (Ord. 923 § 1 (part), 2012: Ord. 689 § 1 (part), 1997. Formerly 17.60.120).
17.19.110 Rooming houses and boarding houses.
Rooming and boarding houses of three or more persons must have at least one and one-half off-street parking spaces per individual unit bedroom; are allowed one sign not exceeding six square feet in area; cooking and sanitation facilities must be in accord with regulations of the Benton-Franklin District health department; and permits will be reviewed at least annually by the administrator. Approved permits may be revoked if the use is found to constitute a nuisance or for other good cause. (Ord. 923 § 1 (part), 2012: Ord. 689 § 1 (part), 1997. Formerly 17.60.130).
17.19.120 Adult concessions.
Adult concessions, as defined in Section 17.02.010, are recognized as being a use that may prove detrimental in certain circumstances to its surrounding neighborhoods and thereby the following regulations are imposed:
(1) No adult concession shall be located: Within, or within five hundred feet of, any R district; within five hundred feet of any public or private school; within five hundred feet of any church or other religious facility or institution; within five hundred feet of any park or any PF district.
(2) 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 eighteen years to enter or remain on the premises of any adult concession.
(3) There shall be no window, marquee or other display of any matter depicting or portraying specified anatomical areas, or specified sexual activities.
(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, county, state or the United States. (Ord. 923 § 1 (part), 2012: Ord. 689 § 1 (part), 1997. Formerly 17.60.140).
17.19.130 Accessory dwelling unit.
A portion of a detached single-family dwelling may be converted to one accessory apartment or a detached ADU may be constructed as allowed by this code, for use by a family member only, and which may have a bathroom and kitchen. One additional improved off-street parking space must be provided for the residents of the apartment or ADU and if an attached garage is converted to an accessory apartment additional improved parking spaces must be provided elsewhere on the site. One unit must be owner-occupied. Permits for accessory apartments must be in accord with Chapter 17.23, and must be renewed annually. One ADU is allowed per single-family lot. The owner/occupant may not receive rent for the ADU. Detached ADUs must further comply with all standards and other restrictions in the zone they are located. Detached ADUs shall not exceed six hundred square feet. (Ord. 923 § 1 (part), 2012: Ord. 689 § 1 (part), 1997. Formerly 17.60.150).
17.19.140 Nursery schools and child day care facilities (more than twelve children).
Conditional use permits are not required for nursery schools and day care facilities when established in conjunction with a church, school or similar public or quasi-public use. A six-foot-high solid board fence, masonry wall or screened chain link fence must surround the outdoor play area. Any license required by the state or county must be obtained before issuance of any city license. Such uses must conform with the following conditions as applicable:
(1) Meet Washington State child day care licensing requirements;
(2) Comply with all building, fire safety, health code, and business license requirements;
(3) Comply with the requirements of the zoning district in which located;
(4) Parking must conform with Chapter 17.20;
(5) The site must be landscaped in a manner compatible with adjacent residences;
(6) No structural or decorative alteration is allowed which will alter the residential character of an existing residential structure used for a child day care facility. Any new or remodeled structure must be designed to be compatible with the residential character of the surrounding neighborhood; and
(7) A six-foot-high solid sight-obstructing fence, masonry wall or screened chain link fence must surround the outdoor play area. (Ord. 923 § 1 (part), 2012: Ord. 689 § 1 (part), 1997. Formerly 17.60.180).
17.19.150 Family day care (twelve or less children).
Child day care provided in dwelling units is permitted by right in all R districts but is subject to the following requirements:
(1) Washington State child day care licensing requirements;
(2) All building, fire safety, health code, and business licensing requirements;
(3) All requirements of the zoning district in which located;
(4) A safe passenger loading area must be provided; and
(5) No structural or decorative alteration which will alter the single-family character of an existing or proposed residential structure or be incompatible with surrounding residences is permitted. (Ord. 1006 § 1 (Exh. A) (part), 2020: Ord. 923 § 1 (part), 2012: Ord. 689 § 1 (part), 1997. Formerly 17.60.190).
17.19.160 Group housing for handicapped persons.
Group housing for handicapped persons, as defined herein, which meets the applicable Washington State licensing and city requirements and definitions, will be considered a residential use of property for zoning purposes. Additionally, group care for children that meets the definition of “familial status” will be considered a residential use of property for zoning purposes. Except as provided elsewhere, they are permitted uses in all R and C districts. (Ord. 1006 § 1 (Exh. A) (part), 2020: Ord. 923 § 1 (part), 2012: Ord. 689 § 1 (part), 1997. Formerly 17.60.200).
17.19.170 Vehicle storage, vehicle repair garages and service stations.
No public garage, or private garage accommodating more than five vehicles, or automobile service stations, shall have a vehicular entrance on the same side of the street within two hundred feet to an entrance of a school, church, park or playground, or fire station, unless a street of fifty feet or more in width intervenes between the entrance to such garage or service station. All automobile service stations shall be so arranged and all gasoline pumps shall be so placed, as to permit all servicing on the premises and outside the public way, and no gasoline pump shall be placed closer than twelve feet to any property line. (Ord. 923 § 1 (part), 2012: Ord. 689 § 1 (part), 1997. Formerly 17.60.210).
17.19.180 Manufactured homes.
Manufactured homes that comply with the International Building Code, or requirements of the Department of Housing and Urban Development, may be located in all districts allowing for single-family homes upon compliance with the following criteria:
(1) The manufactured home must be new—Zones U, RL, RM, and RH.
(2) Title elimination must occur within one year of installation.
(3) The residential unit and its placement, in accord with Chapter 18.08, must conform with all applicable regulations of the city.
(4) If one-half-inch sheetrock has not been installed on the interior of all exterior walls, there must be no less than fifteen feet between the unit and any other residential structure, and ten feet between the unit and any accessory structure or fence.
(5) The installation of the unit must meet or exceed the installation requirements of all other applicable rules and regulations of the city or any other governmental body, in accord with Chapter 18.08.
(6) The unit must be set upon a permanent foundation as specified by the manufacturer and be skirted with concrete, concrete block, or some other comparable material and be provided with required crawl spaces and have ventilation as required by code, and a radon vent if required by code.
(7) Permit fees will be in accord with the adopted fee schedule for manufactured homes.
(8) Any addition or accessory structure must conform with city building code and International Building Code standards, as applicable. (Ord. 1006 § 1 (Exh. A) (part), 2020: Ord. 970 § 8, 2017: Ord. 923 § 1 (part), 2012: Ord. 832 § 4, 2008; Ord. 821 § 1, 2007: Ord. 747 § 1, 2001; Ord. 689 § 1 (part), 1997. Formerly 17.60.220).
17.19.190 Home occupation.
Home occupations are reviewed in accord with this section.
(1) The administrator may approve a home occupation for any residential unit, regardless of zoning designation.
(2) Notification will be given to property owners within one hundred fifty feet of the exterior boundaries of the property that a home occupation application has been received, that it meets the required criteria (otherwise, the application will not be accepted), and if no objections are received, it will be approved.
(3) Notified property owners will have seven days to express, in writing, any objections. If an objection is received, the administrator will schedule the matter for a city council public hearing for the earliest practical meeting.
(4) The administrator will normally take final action within fourteen working days after the comment period.
(5) The administrator will, depending on public comment, approve a home occupation if the following criteria are found:
(a) There must be no structural alterations to accommodate the occupation;
(b) The use must not occupy more than fifty percent of all structures on the site;
(c) The occupation must be within a totally enclosed structure;
(d) Only members of the immediate family, residing within the residence, may engage in the occupation;
(e) There must be no exterior advertising on the site;
(f) There must be no window displays nor commodities displayed outside the building;
(g) Retail sales are permitted but are limited to one customer at a time, by appointment only;
(h) No materials or equipment which may be detrimental to adjoining residences because of vibration, noise, odor, interference with radio or television reception will be permitted;
(i) All deliveries and shipments to or from the residence must be done by the operator of the occupation, unless otherwise approved by the administrator;
(j) No more than one vehicle, related to the occupation, may be kept on the premises; and
(k) There must be no exterior storage of materials or equipment other than the occupation-related vehicle.
(6) Within R districts, if the administrator finds that the applicant cannot substantially meet each and every one of the above-described criteria, the administrator will treat the application as an application for a conditional use in accord with this chapter.
(7) No home occupation permit is final until the applicant has obtained a business license.
(8) All home occupations will be reviewed at least annually. (Ord. 970 § 9, 2017; Ord. 923 § 1 (part), 2012: Ord. 689 § 1 (part), 1997. Formerly 17.75.060).
17.19.200 Electric vehicle infrastructure.
Electric vehicle battery charging stations as defined in RCW 36.70A.695(5) are allowed uses in Zones U, CD, CG, CH, IL, IH, and PF as a primary permitted use, unless a critical area or critical area buffer is present. All applications for installation of an electric vehicle battery charging station shall require an electrical permit, and shall be reviewed in association with the underlying review as applicable for new construction. Such uses must conform with the following as applicable:
(1) There is no required number of electric vehicle battery charging stations, as this is an optional improvement;
(2) Electric vehicle battery charging stations shall comply with the setbacks of the zoning district in which located;
(3) Electric vehicle charging station spaces shall be allowed to be used in the computation of required off-street parking spaces as provided under Chapter 17.20; provided, that the electric vehicle charging station(s) is accessory to the primary use of the property;
(4) Required off-street parking spaces within any existing development listed under Chapter 17.20 may be converted to battery charging station spaces or rapid charging station spaces for battery electric vehicles and plug-in hybrid electric vehicles; provided, that the battery charging and/or rapid charging stations are accessory to the permitted use(s) on the property;
(5) The use of any charging station on site shall not obstruct any vehicular or pedestrian traffic on site (such as waiting for a charging station space within a drive aisle or a designated pedestrian crossing) or within a public right-of-way;
(6) Each charging station space shall be posted with signage to identify the space as a charging station, and may also indicate the space is only for electric vehicle charging purposes. The signage shall also indicate voltage and amperage levels, hours of operations if time limits or tow-away provisions are to be enforced by the property owner, usage fees, safety information, and contact information for reporting when the equipment is not operating or other problems;
(7) When the electric vehicle charging station space is perpendicular or at an angle to curb face and charging equipment, adequate equipment protection, such as wheel stops or concrete-filled steel bollards, shall be used;
(8) Where charging station equipment is provided within an adjacent pedestrian circulation area, such as a sidewalk or accessible route to the building entrance, charging equipment should be located so as to not interfere with accessibility requirements of WAC 51-50-005 or as amended; and
(9) Charging stations should generally not be located adjacent to handicap parking stalls unless designed for handicap use. (Ord. 1006 § 1 (Exh. A) (part), 2020).
17.19.210 Essential public facilities.
(a) The land uses subject to this section are interpreted to have such regional or area-wide impacts that the applicant proposing to locate such use at a new location shall conduct and provide a written summary of a site selection process incorporating the following:
(1) A justification of the need for the proposed facility in the proposed location. The applicant shall demonstrate that less impacting alternatives have been considered and found not to be feasible.
(2) The applicant shall also describe the process used to identify and evaluate alternative sites.
(3) An evaluation of the site’s capability to meet basic siting criteria for the proposed facility, such as size, physical characteristics, access, and availability of necessary utilities and support services.
(4) The site’s relationship to the service area and distribution of other similar public facilities within the service area or jurisdiction, whichever is larger.
(5) A description of the relative environmental impacts associated with locating the proposed facility at each of the sites that meet the applicant’s basic siting criteria. The applicant shall also identify proposed mitigation measures to alleviate or minimize adverse impacts.
(b) An essential public facilities and/or special property use permit granted by the council shall be subject to the following criteria:
(1) There shall be a demonstrated need for the essential public facilities and/or special use within the community at large which shall not be contrary to the public interest.
(2) The essential public facility and/or special use shall be consistent with the goals and policies of the comprehensive plan, and applicable ordinances of the city.
(3) The council shall find that the essential public facility and/or special use shall be located, planned and developed in such a manner that the essential public facility and/or special use is not inconsistent with the health, safety, convenience or general welfare of persons residing or working in the city. The council’s findings shall address, but not be limited to the following:
(A) The generation of noise, noxious or offensive emissions, or other nuisances which may be injurious or detrimental to a significant portion of the city.
(B) The availability of public services which may be necessary or desirable for the support of the special use. These may include, but shall not be limited to, availability of utilities, transportation systems, including vehicular, pedestrian, and public transit systems, and education, police and fire facilities, and social and health services.
(C) The adequacy of landscaping, screening, yard setbacks, open spaces or other development characteristics necessary to mitigate the impact of the special use upon neighboring properties.
(D) Proposed uses which exceed the bulk, dimensional, height, density and/or use standards of the zoning district within which they propose to locate must demonstrate that the proposed variance is essential to the establishment of the public facility and/or special use; i.e., a variance in height may be granted for a water tower, but not to provide an architectural element.
(c) Inter-jurisdictional agreements may be required to be developed to mitigate any disproportionate financial burdens that may fall on the local jurisdiction within which a facility of a state, regional, or county-wide nature is located.
(d) If the use will generate substantial traffic, as determined by the city’s traffic engineer, such a facility shall be located near a major transportation corridor.
(e) The council may find that an essential public facilities and/or special use permit may require a binding site plan. The binding site plan, if required, will be prepared consistent with the requirements of Chapter 16.09. (Ord. 1006 § 1 (Exh. A) (part), 2020).
17.19.220 Townhomes.
All new townhome units must meet the provisions of this section.
(1) A minimum of three hundred square feet of private, usable yard space shall be provided for each dwelling unit. This may include decks and patios. Private space may be screened or fenced as appropriate. (Ord. 1038 § 8, 2024).