Chapter 19.32
MISCELLANEOUS USE REGULATIONS

Sections:

19.32.010    Requirements additional.

19.32.020    Repealed.

19.32.030    Bed and breakfast.

19.32.040    Retirement home and assisted care living facility.

19.32.050    Manufactured homes on individual lots.

19.32.060    Hazardous waste storage and treatment.

19.32.070    Swimming pools – Uniform standards adopted.

19.32.080    Residential districts – Junk storage.

19.32.090    Residential districts – Commercial vehicle storage.

19.32.100    Basement houses.

19.32.110    Location of gasoline pumps.

19.32.120    Additional height allowed for public buildings.

19.32.130    Churches.

19.32.140    Parking recreational vehicles or mobile homes.

19.32.150    Motor vehicle and similar sales lots.

19.32.160    Secure community transition facilities.

19.32.010 Requirements additional.

The requirements of this chapter are additional to those elsewhere in these development regulations. (Ord. 2533 § 2 (Exh. B), 2013; Ord. 1960 § 3, 1998).

19.32.020 Guest and care facilities operated in dwellings in residential districts.

Repealed by Ord. 2533. (Ord. 1960 § 3, 1998).

19.32.030 Bed and breakfast.

Bed and breakfast shall comply with the following:

A. There shall be no permanent occupancy by the same party; there shall be no monthly or weekly lodging arrangements. The same party may not reside in the facility for more than 30 days per year.

B. The owner of the facility and the real estate shall be the operator of the facility and shall reside on the premises and shall not employ more than two outside employees.

C. The facility may serve meals to overnight guests only and such service shall be governed by county and state regulations involving food service.

D. The facility shall be conducted in such a manner as to give no outward appearance nor manifestation of any characteristics of a business, except as to the sign allowed below, in the ordinary meaning of the term, that would infringe upon the right of the neighboring residents to enjoy a peaceful occupancy of their homes.

E. One off-street parking space shall be provided for the owner/operator, plus one off-street parking space shall be provided for each guest room, plus one off-street parking space shall be provided for each outside employee. Visual screening of off-street parking shall be provided in a manner that is compatible with and respectful of adjacent properties. Parking areas and related structures are subject to site coverage requirements and other development standards of the zoning district.

F. Only one sign shall be allowed and it shall be subject to EMC 19.10.040(E). (Ord. 2533 § 2 (Exh. B), 2013; Ord. 1960 § 3, 1998).

19.32.040 Retirement home and assisted care living facility.

Assisted care living facilities shall comply with the following:

A. The proposed use shall comply with all applicable state of Washington regulations;

B. The health and safety requirements of the building, fire and related codes shall be satisfactorily met;

C. The administrator shall review, for compliance, conditional use permits for assisted care living facilities annually on June 30th of each year; and

D. Residents of such facilities shall be relatively independent, only relying upon facility staff for items such as housecleaning, preparation of meals, general hygiene, and limited nursing. (Ord. 2496 § 1 (Exh. A), 2012; Ord. 1960 § 3, 1998).

19.32.050 Manufactured homes on individual lots.

No manufactured or modular home shall be placed on an individual lot except as provided for in this section or as otherwise provided for in this title. A manufactured home that is placed on an individual lot pursuant to this section shall be considered a single-family detached dwelling unit. Such manufactured home shall:

A. Be placed on a permanent foundation as specified by the manufacturer, and the space from the bottom of the home to the ground shall be enclosed by concrete or an approved concrete product which can be either load bearing or decorative, and set up in accordance with building code requirements.

B. Comply with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located, including the development standards of the zoning district.

C. Be comprised of at least two fully enclosed parallel sections each not less than 12 feet wide by 36 feet long.

D. The manufactured home shall be a new manufactured home or otherwise meet all requirements for a designated manufactured home as defined in RCW 35.63.160, including requirements that the unit was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of nominal 3:12 pitch; and that the unit has exterior siding similar in appearance to siding materials commonly used on conventional site-built Uniform Building Code single-family residences.

E. The manufactured home shall be thermally equivalent to the State Energy Code. (Ord. 2590 § 2 (Exh. A), 2016).

19.32.060 Hazardous waste storage and treatment.

Hazardous waste storage and treatment facilities shall be located in accordance with the criteria adopted pursuant to RCW 70.105.210 or its successor. (Ord. 1960 § 3, 1998).

19.32.070 Swimming pools – Uniform standards adopted.

A. Swimming pools not completely enclosed within a building having solid walls shall be set back at least five feet from the property lines and shall be completely surrounded by a fence which will have a height of at least five feet. There shall be no openings larger than 36 square inches, except for gates which shall be equipped with self-closing and self-latching devices.

B. The council adopts by reference that certain 1991 Edition of the Uniform Swimming Pool, Spa, and Hot Tub Code Standards. (Ord. 1960 § 3, 1998).

19.32.080 Residential districts – Junk storage.

No yard or other open space surrounding an existing building in any residence district, or which is hereafter provided around any building in any residence district, shall be used for the storage of junk, debris or nonoperable vehicles and no land shall be used for such purposes except as specifically permitted herein. (Ord. 1960 § 3, 1998).

19.32.090 Residential districts – Commercial vehicle storage.

The storage of commercial automobiles and the storage of trucks and construction equipment such as bulldozers, graders, cement mixers, compressors, etc., is not permitted on any lot in any residential district; provided, that construction equipment may be stored on a lot during the construction of a building thereon, but not to exceed one year. (Ord. 1960 § 3, 1998).

19.32.100 Basement houses.

Basement houses are not permitted in any district within the city limits, with no stories or dwelling units above. (Ord. 1960 § 3, 1998).

19.32.110 Location of gasoline pumps.

A. Gasoline pumps shall be set back not less than 20 feet from any street line to which the pump island is at right angles and 14 feet from any street line to which the pump island is parallel and not less than 12 feet from any residential district boundary line. If the pump island is set on an angle on the property with respect to the street, it shall be so located that automobiles stopping for service will not extend over the property line. In no case shall gasoline pumps be set closer than 14 feet from any street line.

B. Canopies when supported by a column may be located within the setback but not closer to a street than 14 feet. Projection within 14 feet from a street shall be deemed to be a marquee. (Ord. 1960 § 3, 1998).

19.32.120 Additional height allowed for public buildings.

Public buildings, public utility buildings, public and parochial schools and churches may be erected to any height; provided the building is set back from required building setback lines at least one foot for each additional foot of building height above the maximum height otherwise permitted in the zone in which the building is located. (Ord. 1960 § 3, 1998).

19.32.130 Churches.

In approving a permit for churches, the following conditions must be met:

A. All buildings on the site do not cover more than 35 percent of the lot area;

B. Front yards comply with requirements of the district in which it is located;

C. Buildings shall be no closer than 10 feet to any property line;

D. The required side yards may be used to provide off-street parking areas. In no case may the required front yard or side yard on the side street be used for off-street parking;

E. All lights provided to illuminate any parking area or building shall be so arranged as to direct the light away from any adjoining premises;

F. Dedication and improvement of public streets and conveyance or dedication of public utility easement as determined by the city. (Ord. 1960 § 3, 1998).

19.32.140 Parking recreational vehicles or mobile homes.

No person shall park or locate or use any recreational vehicle or mobile home for human occupancy on any lot, tract or parcel of land in the city, except in an approved RV park or mobile home park, and except as provided in other sections. (Ord. 1960 § 3, 1998).

19.32.150 Motor vehicle and similar sales lots.

In addition to the other requirements of this title, outdoor sales lots selling motor vehicles, mobile homes, heavy machinery and similar items shall be developed and constructed as if they were parking lots which shall include, but not be limited to, paving, landscaping, lighting and oil/water separators with form of silt separator, except that such sales lots do not have to be striped to show individual parking stalls. (Ord. 1960 § 3, 1998).

19.32.160 Secure community transition facilities.

The following siting and performance standards shall apply to all secure community transition facilities (SCTFs) as defined in RCW 71.09.020(10). “Secure community transition facility” means a residential facility for persons civilly committed and conditionally released to a less restrictive alternative under Chapter 71.09 RCW. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. Secure community transition facilities include but are not limited to the facilities established pursuant to RCW 71.09.250 and any community-based facilities established under this chapter and operated by the Secretary of the Washington State Department of Social and Health Services or under contract with the Secretary.

A. Maximum Number of Residents. No SCTF shall house more than three persons, excluding resident staff.

B. Siting Criteria. As an essential public facility of regional or statewide importance, any SCTF shall be sited consistent with the essential public facilities process in the Enumclaw comprehensive plan and may be located only by conditional use in the light industrial zoning district. Extensive buffering from adjacent uses may be required.

C. Location Criteria.

1. The lot line of any new or expanding SCTF shall be located:

a. Seven hundred fifty feet or more from any residential zone; and

b. Seven hundred fifty feet or more from any family home for adults as defined by EMC 15.04.020; and

c. Not adjacent to, immediately across the street or parking lot from, or within the line of sight of a risk potential activity or facility in existence at the time a site is listed for consideration. Included in this definition are the following:

i. Public and private schools;

ii. School bus stops;

iii. Playgrounds;

iv. Licensed day care and licensed preschool facilities;

v. Public parks, publicly dedicated trails, and sports fields;

vi. Recreational and community centers;

vii. Churches, synagogues, temples and mosques;

viii. Public libraries;

ix. Any other facilities as identified by the State of Washington Department of Social and Health Services following the hearings on a potential site as required in RCW 71.09.315; and

d. One mile from any existing SCTF, work release, prerelease or similar facility.

2. The distances provided in this subsection shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the proposed use is to be located or expanded, to the nearest point of the parcel of property or the land use district boundary line from which the proposed land use is to be separated.

3. The “not adjacent to, immediately across the street or parking lot from, or within the line of sight...” criterion (subsection (C)(1)(c) of this section) is a minimal guideline established to curtail the access between an SCTF and a “risk potential activity,” as defined in Chapter 15.04 EMC. That criterion may be altered depending on topographic conditions, size of parcels, or substantial intervening barriers to access (e.g., a highway or river).

D. A conditional use permit application for an SCTF shall be accompanied by the following:

1. The siting process used for the SCTF, including alternative locations considered;

2. An analysis showing that utmost consideration was given to potential sites such that siting of the facility will have no under impact on any one racial, cultural, or socio-economic group, and that there will not be a resulting concentration of similar facilities in a particular neighborhood, community, jurisdiction or region;

3. Proposed mitigation measures;

4. A detailed security plan for the facility and the residents;

5. Proposed operating rules for the facility; and

6. A schedule and analysis of all public input solicited or to be solicited during the siting process, including assurance that comments are reviewed and adequately responded to.

These proposed materials shall be reviewed by the community development director in consultation with the chief of police and the city attorney. The community development director shall include in any recommendation on the requested conditional use permit an analysis of the proposal as they may relate to the criteria required under EMC 18.38.040(C). (Ord. 2149 § 4, 2002).