Chapter 17.22 DEVELOPMENT STANDARDS AND SPECIAL CONDITIONS

The purpose of this chapter is to highlight the special standards and conditions applicable to specific types or locations of development activities. This chapter should be used in conjunction with the Table of Permitted Uses (Table 17.18.040). If you have any question about the applicability of these standards, please contact the city department of community development. (Ord. 3889 § 3 (Exh. A), 2017)

17.22.020 Density, dimension, height, and setback requirements.

A. Table 17.22.020 establishes the density, dimension, height, and setback requirements for development in each zoning district.

Table 17.22.020: Density, Dimension, Height, and Setback Requirements
	Minimum Lot Size (square feet)	Minimum Lot Width (feet)	Maximum Building Height (feet)	Setbacks
	Minimum Lot Size (square feet)	Minimum Lot Width (feet)	Maximum Building Height (feet)	Front (feet)	Side Street (feet)	Side (feet)	Rear (feet)	Maximum Lot Coverage with Impervious Surfaces
RSF-5	5,000	25	35	20	7	5	10	65%
RSF-10	10,000	25	35	20	7	5	10	50%
RMD	2,500	25	35	20	7	5	10	75%
RMF	1,250	25	35 (4)	20	7	5	10	75%
NC	1,350	25	35 (4)	20	7	5	10	85%
GC	1,350	25	60 (4)	0	0	0	0	85%
RC	1,350	25	60 (4)	20	20	20	20	85%
LI	0	25	35 (4)	20	20	10	10	85%
GI	0	25	35 (4)	20	20	10	10	85%
OPN			35	20	20	20	20

Footnotes:

(1) (Reserved)

(2) (Reserved)

(3) (Reserved)

(4) The maximum building height may be increased by a variance through a Class 2 review of the site plan.

B. All required setbacks:

1. Must comply with the landscaping provisions of Section 17.22.100;

2. May not include impervious or hardened surfaces except for approved driveways and sidewalks;

3. May include low impact development stormwater design features;

4. May include underground structures; provided, that they do not encroach on easements or neighboring properties. It is the responsibility of the property owner to ensure compliance with this provision and to maintain the underground structure;

5. May include overhead and underground utilities; and

6. Shall maintain a clear sight triangle at the intersection of driveways or access roads and the street rights-of-way to assure traffic safety in accordance with the provisions of the Kelso Engineering and Design Manual.

7. Where existing front setbacks directly abutting a lot are less than that required by Table 17.22.020, the front setback yard may be reduced to the average depth of the existing setbacks.

C. In applying the standards of Table 17.22.020 to the RSF zones the following standards apply:

1. Accessory buildings shall have a minimum setback of five feet from the rear and side property lines. Detached garage facilities for single-family residences may have a zero-foot setback from an alley, provided access is obtained from the alley;

2. In no case shall the entrance to the garage be closer than twenty feet from the right-of-way;

3. In through lots, yards abutting both streets shall provide the required front setback. Accessory buildings on through lots shall conform to the setbacks for principal buildings.

D. Multifamily development in the RMF zone must provide a minimum of three hundred square feet per unit of usable open space for residents, including some or all of the following features:

1. Outdoor recreation area for children;

2. Private balconies;

3. Shared internal courtyards and/or rear yard space, with easy access to the space from adjacent units and site amenities to encourage use (e.g., seating areas, BBQ grill, community gardening area, planters with sitting ledges);

4. Shared front porch area; and/or

5. Shared rooftop deck.

E. The following projections are permitted into required setbacks:

1. Cornices, eaves, roof overhangs, trellises, beams, joists, and other similar roof projections may extend or project into required setbacks according to the following:

a. Front or rear setback: maximum of five feet; and

b. Side setback: maximum of two feet.

2. Outside stairs, platforms or landing places, if unroofed and unenclosed, may extend into required setbacks according to the following:

a. Front and side setback: maximum of four feet;

b. Rear setback: maximum of four feet.

3. Ramps or other devices necessary for access for the disabled and elderly, which meet Washington State Rules and Regulations for Barrier-Free Design, are permitted in all required setbacks.

4. Uncovered, unenclosed pedestrian bridges, necessary for access and less than five feet in width, are permitted in required setbacks.

F. Height Limitations. Buildings and structures shall comply with the maximum height limits as specified in Table 17.22.020 based on the zoning of the subject parcel; provided, that:

1. The following may be permitted through a Class 1 review; provided, that they are not otherwise prohibited by the airport safety overlay:

a. One flagpole forty-five feet or less in height per parcel; and

b. Utility poles fifty feet or less in height.

2. Building heights may be increased to a maximum of fifty feet for churches and schools through a Class 2 review where, in addition to other standards of this title, the following are met:

a. View opportunities from adjacent parcels are not substantially reduced and are not otherwise prohibited by the airport safety overlay; and

b. Fire flow available to the site is consistent with the minimum standards for the category and height of the structure as defined in the adopted fire code; and

c. No unstable slopes or soils are present on the building site. (Ord. 3990 § 6 (Exh. D), 2023; Ord. 3889 § 3 (Exh. A), 2017)

17.22.030 Single-family residential standards.

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

A. Only one dwelling unit allowed per legal parcel, unless otherwise noted.

B. New manufactured housing conforming to the standards of 42 U.S.C. Sections 5401 through 5403, as amended, shall be permitted in all zones where single-family residences are permitted; provided, that:

1. Homes shall be set upon a permanent foundation, as specified by the manufacturer, and that 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;

2. The new manufactured home shall comply with all local design standards applicable to all other homes in the neighborhood;

3. The new manufactured home shall be thermally equivalent to the state energy code; and

4. The new manufactured home meets all other requirements for a manufactured home as defined in RCW 35.63.160.

C. Townhouse development for single-family dwellings may be permitted in the RSF-5, RMF and RMD zones. Townhouse developments shall comply with the provisions of this title and the following requirements; provided, that where the standards included in this title conflict with the standards established in other sections of this title, the standards in this title shall apply:

1. Each townhouse shall be located on its own legal lot of record.

2. Zero lot line setbacks shall be allowed between units.

3. Side yard setbacks on the end unit of each group of townhouses shall be increased to ten feet.

4. No more than eight townhouses shall be consecutively attached.

5. Accessory buildings and structures shall observe the setback requirements for the main dwelling unit.

6. Townhouses with street-facing garages may have one driveway access located between the street and the primary building entrance for every two dwelling units. Driveway access shall not exceed sixteen feet in width where it crosses the sidewalk and intersects the street.

7. Building facade modulation or appropriate architectural treatment shall occur at least every thirty feet along the length of facades facing adjacent properties or a public street. Minimum modulation depth shall be two feet. The use of covered front porches, end wall windows, building offsets/modulation, dormers and other design techniques shall be included in the design.

8. A maintenance, eave overhang and drainage easement at least five feet wide shall be provided on the lot adjacent to the zero lot line property line, which, with the exception of walls and/or fences, shall be kept clear of structures. Eaves, but no other part of any structure, may protrude across a side lot line, and such protrusion shall not exceed eighteen inches. Water runoff from the dwelling placed on the lot is limited to the easement area. (Ord. 3990 § 6 (Exh. D), 2023; Ord. 3889 § 3 (Exh. A), 2017)

17.22.040 Accessory buildings, structures, dwelling units, and uses.

A. Accessory buildings and structures shall not occupy any lot independent of the main building or structure.

1. Buses, shipping containers, and railroad cars may not be used as accessory buildings, used for storage or stored on any residential lot.

2. Trailers may not be used as accessory buildings, used for storage or stored in the front yard setback of any lot.

3. No detached accessory building or structure may occupy the front yard of any lot that is twenty thousand square feet or less in size.

4. Accessory buildings in a front yard may not obstruct more than thirty percent of the primary structure as viewed from the road.

5. Accessory buildings and structures must comply with all setback requirements.

B. Not more than one accessory dwelling unit may be allowed on a parcel. The following criteria shall apply:

1. The footprint of the accessory dwelling unit shall not exceed one thousand square feet and shall not exceed one and one-half stories.

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

3. Adequate utility service shall be confirmed.

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

5. Recreational vehicles may not be used as accessory dwelling units. (Ord. 3990 § 6 (Exh. D), 2023; Ord. 3889 § 3 (Exh. A), 2017)

17.22.050 Home businesses.

A. The residents of a dwelling unit may conduct a business(es) in their home subject to the following provisions:

1. Uses identified in the Table of Permitted Uses as being permitted in a residential zone such as day care, transitional housing, group homes, and bed and breakfast inns are not considered home businesses, and are not subject to the provisions of this section.

2. A city of Kelso business license shall be obtained and maintained in good standing at all times.

3. Hours of operation shall occur between 7:00 a.m. and 10:00 p.m. unless otherwise authorized by the city.

4. Home business activities shall be conducted within the dwelling unit and/or inside the garage by members of the family residing in the dwelling only. No outside employees shall work on site.

5. There shall be no outside storage of materials, supplies, or display of goods or equipment of any kind related to the home business.

6. No goods or merchandise shall be displayed such that they are visible from public rights-of-way or adjacent properties.

7. There shall be no business activities conducted outside of the residence or garage.

8. There shall be no exterior evidence of the home business, other than a permitted sign, that would cause the premises to differ from its residential appearance and character (e.g., outward physical appearance; lighting; the generation/emission of noise, fumes, or vibrations) as determined by the city using normal senses and from any lot line, or create visible or audible interference in radio or television reception or cause fluctuations in line voltage outside the home occupation.

9. On-site retail sale of goods not produced, processed or fabricated on the premises is prohibited, unless:

a. The sale of items is incidental to a permitted home occupation (e.g., a barber shop that sells hair-care products, etc.); or

b. The sale of the items is through the Internet and the products are distributed through the U.S. Postal Service or private delivery service such as UPS or FedEx.

10. Any need for any customer parking created by the home business shall be provided on site; provided, that with the exception of existing driveways, no parking shall be allowed in setbacks or buffers.

11. No on-street parking of customers or commercial vehicles associated with the business is allowed.

12. No traffic shall be generated by a home business in greater volumes than normally expected in a residential neighborhood.

13. Only one sign is permitted to advertise a home business. The sign shall be no larger than two square feet in area, nonilluminated, and must be attached to the dwelling.

14. Windows may not be used to display commercial messages.

B. The following uses may be permitted as a home business in the city:

1. Beauty parlor, barber shop, or salon (one chair only);

2. Professional services such as accounting or business consulting;

3. Tutoring;

4. Music instruction;

5. Interior design;

6. Construction or assembly of products for sale off site;

7. Manufacturer’s representative; and

8. Other business activities as determined by the city that meet all of the criteria of this section.

C. Uses Not Permitted as Home Businesses. The following business activities may not be permitted as home businesses:

1. Secondhand stores or junk yards;

2. Any use generating, storing, or utilizing hazardous waste;

3. Kennels;

4. Automotive servicing, maintenance, or repairs;

5. Restaurants/eating, drinking establishments;

6. Storage of vehicles, boats, or equipment;

7. Adult entertainment;

8. Marijuana production, processing, sales or medical cooperatives; and

9. Other uses as determined by the city to not meet the criteria of this section. (Ord. 3889 § 3 (Exh. A), 2017)

17.22.060 Temporary uses.

Temporary uses include limited duration activities on private property that may be permitted for a specific period of time through the issuance of a temporary use permit. Limited duration activities on public property may be permitted through a special event permit or a right-of-way use permit.

A. In addition to the temporary uses identified in the Table of Permitted Uses, limited duration activities on private property permitted through a temporary use permit may also include, but are not limited to:

1. Roadside stands;

2. Carnivals or festivals;

3. Christmas tree sales;

4. Fireworks sales;

5. Farmers’ markets (seasonal);

6. Outdoor concerts, or theatrical performances;

7. Parking lot/outdoor sales events;

8. Seasonal sale of agricultural products grown off premises;

9. Outdoor dining areas;

10. Temporary construction and sales offices; or

11. Other activities that involve the temporary alteration of a site, temporary changes in ingress and egress, or uses of a limited duration that would not adversely affect the public health and safety.

B. Approval Criteria.

1. The city may approve, approve with conditions, or deny a request for approval of a temporary use subject to compliance with all of the following criteria:

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

b. The operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger, or otherwise constitute a threat to the public health, safety, or general welfare.

c. The proposed site is adequate in size and shape with appropriate screening or landscaping to accommodate the temporary use without detriment to the use and enjoyment of other properties in the project vicinity.

d. The project makes adequate provisions for access and circulation, water supply, storm drainage, sanitary sewage disposal, solid waste management, recycling, emergency services, and environmental protection as determined by the city.

e. Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on site or at alternate locations acceptable to the city.

C. Temporary Signs. The city may approve the display of temporary sign(s) for longer than ninety days through the issuance of a temporary use permit in accordance with the provisions of Section 17.22.210 or a special event permit issued in accordance with the provisions of Chapter 12.24. (Ord. 3889 § 3 (Exh. A), 2017)

17.22.070 Domestic animals and livestock.

A. Keeping domestic animals including cats, dogs, rabbits, and other small animals commonly kept as pets in the city is allowed in accordance with the provisions of federal, state, and local laws, and public health and safety requirements. See Title 6 for more details.

B. Livestock and fowl may be kept by the occupants of a residential unit in the RSF-10 zone only in accordance with the following provisions:

1. Horses/cows/llamas/emus or similar animals (as determined by the city): up to a total of two per lot, with a two-acre minimum lot size required (eighty-seven thousand one hundred twenty square feet);

2. Sheep/goats or similar animals (as determined by the city): up to a total of four per lot, with a two-acre minimum lot size required (eighty-seven thousand one hundred twenty square feet);

3. Chickens/pigeons/geese/ducks or similar animals (as determined by the city): up to a total of six per lot; provided, that no more than two can be geese. No roosters are permitted;

4. All livestock, chickens, geese, and ducks shall be contained within the subject property at all times;

5. No coops, hutches, structures, pens, enclosures, or similar containment structures may be located within required front, side, or rear setbacks; and

6. All coops, hutches, structures, pens, enclosures, similar containment structures or yards shall be kept in a clean and sanitary condition.

C. Fowl may be kept by the occupants of a residential unit in the RSF-5 zone only in accordance with the following provisions:

1. Chickens/pigeons/geese/ducks or similar animals (as determined by the city): up to a total of six per lot; provided, that no more than two can be geese. No roosters are permitted;

2. All chickens, geese, or ducks shall be contained within the subject property at all times;

3. No coops, hutches, structures, pens, enclosures, or similar containment structures may be located within required front, side, or rear setbacks; and

4. All coops, hutches, structures, pens, enclosures, similar containment structures or yards shall be kept in a clean and sanitary condition. (Ord. 3889 § 3 (Exh. A), 2017)

17.22.080 Fences, hedges and walls.

A. Fences, hedges and walls shall comply with the maximum height limits as specified in Table 17.22.080 based on the zoning of the subject parcel; provided, that:

1. No sight-obscuring fence, hedge or wall shall be permitted on corner lots in accordance with the provisions for sight triangles in the Kelso Engineering and Design Manual.

2. Height of fence, hedge or wall shall be measured from finished grade at the exterior side of the fence. No person may construct a berm upon which to build a fence, hedge or wall unless the total height of the berm plus the fence does not exceed the maximum height allowable for the fence if the berm were not present.

B. No fence, hedge or wall shall be allowed to contain barbed, razor or other types of wire designed to cause injury to persons or animals except within the LI and GI zones.

Table 17.22.080
Zone Class	Maximum Height Front Setback	Maximum Height Rear and Side Setback
RSF-5, -10	42"	6'
RMF	42"	6'
RMD	42"	6’
NC	42"	6'
GC	6'	8'
RC	6'	8'
LI	8'	8'
GI	8'	8'
OPN		6'

(Ord. 3889 § 3 (Exh. A), 2017)

17.22.090 Clearing and grading.

A. The purpose of this provision includes but is not limited to promoting public health, safety and welfare by regulating the preconstruction clearance of vegetation and trees in order to preserve and protect natural vegetation, wetlands, watercourses and wildlife habitat; minimize erosion and sedimentation; minimize adverse effects on ground and surface waters; enhance the appearance and character of the city; and to comply with state and federal regulations.

B. The following clearing and grading activities require city review and approval through the issuance of a clearing and grading permit, building permit, or other permit(s) issued by the city, unless specifically exempted:

1. Land disturbing activities which are commonly referred to as:

a. Clearing (the act of vegetation removal from the land surface by mechanical or chemical means);

b. Grubbing (the act of root vegetation removal from beneath the surface of the earth usually in association with clearing);

c. Excavation (the mechanical removal of earth material);

d. Filling (deposition of earth material placed by artificial means);

e. Grading (excavation or filling or combination thereof);

f. Compaction (densification of earth material by artificial means, including that associated with stabilization of structures and road construction);

g. Stockpiling (temporary deposition of earth material placed by artificial means); and

h. Stabilizing (counteracting the actions of gravity, wind, or water).

C. The following activities do not require a permit from the city, unless they involve an environmentally sensitive area, jurisdictional shoreline area, or required buffer:

1. Routine vegetation management that does not involve the use of heavy equipment such as bulldozers or excavators;

2. Routine yardwork maintenance and gardening activities such as lawn mowing and gardening;

3. The removal of diseased, damaged, or unwanted trees from an existing yard or landscaped area;

4. The excavation of less than fifty cubic yards of material over the life of a project;

5. The placement of less than fifty cubic yards of fill of the life of a project;

6. The storage or stockpiling of less than fifty cubic yards of material such as fill, gravel, sand, beauty bark, etc.

D. For the applicable clearing and grading standards please refer to the Kelso Engineering and Design Manual as well as the International Building Code as adopted by the city of Kelso. (Ord. 3889 § 3 (Exh. A), 2017)

17.22.100 Landscaping.

A. The purpose of this section is to improve the aesthetic quality of the built environment, encourage the retention and protection of existing vegetation, reduce the impacts of development on environmentally sensitive areas and the natural environment, enhance the value of current and future development, and increase privacy for residential zones by:

1. Providing for on-site landscaping in all multifamily and nonresidential developments;

2. Providing vegetated screening between single-family residential areas and adjoining land uses;

3. Providing visual relief of parking areas in the multifamily, commercial, and industrial zones;

4. Encouraging the retention of existing vegetation, tree stands and significant trees by incorporating them into the site design; and

5. Incorporating native vegetation, drought-resistant plant material, and low impact development stormwater features into landscaping, as appropriate.

B. A landscaping plan shall be required for all proposed development activities, including new construction, the expansion of existing structures, subdivisions, binding site plans, and master plans in accordance with the provisions of this section; provided, that:

1. The construction of a single-family residence, duplex, triplex, or fourplex is exempt from the provisions of this section.

2. In the event of a conflict between the requirements of the city’s shoreline master program or the regulations to protect environmentally sensitive areas (critical areas), and the provisions of this section, the city may waive or modify the provisions of this section.

3. In the event of a conflict between the requirements of the West Main pedestrian overlay, or the West Kelso multifamily design standards, and the provisions of this section, the city may waive or modify the provisions of this section.

4. The landscaping requirements and standards for parking lots may be found in the Kelso Engineering Design Manual.

5. The city may approve alternative methods or standards; provided, that they meet or exceed the required standards and are consistent with the intent of this section.

6. The city may approve variances from the standards in this section in accordance with the provisions of this title.

C. All landscaping plans shall conform to the following general provisions:

1. All plans must be prepared or approved by a landscape architect licensed by the state of Washington, a Washington certified nursery professional, or a Washington certified landscaper, unless waived by the city.

2. The landscaping plan shall be submitted in a format prescribed by the city and may include:

a. Property lines, easements, rights-of-way, and setbacks, streets and utilities within the subject property;

b. Environmentally sensitive areas, jurisdictional shoreline areas, and required buffers;

c. Existing and proposed grades of at least five-foot intervals;

d. Location of all existing and proposed buildings, structures and improvements within the property;

e. Existing and proposed stormwater management features including low impact development features;

f. Existing vegetation and significant trees to be retained; a plant list for all proposed new planting delineating quantities, common names and sizes;

g. A planting plan specifying:

i. Tree protection strategies;

ii. Vegetation clearing strategies;

iii. Topsoil protection and reuse strategies;

iv. Native soil amendment strategies;

v. Planting times and physical limits of construction;

vi. Areas that require temporary or permanent irrigation; and

vii. Low impact development facilities.

3. Significant trees and mature landscaping are encouraged to be retained. If not retained, they should be replaced.

a. The retention of significant trees may contribute to meeting the low impact development requirements in the Kelso Engineering Design Manual.

4. Areas not devoted to landscape required by this chapter, parking, structures and other site improvements are encouraged to be planted or remain in existing vegetation.

5. New plant materials shall include native species or nonnative species that have adapted to the climatic conditions of western Washington as adopted by the city.

6. New plant materials shall consist of drought-resistant species, except where site conditions within the required landscape areas assure adequate moisture for growth.

7. When the width of any landscape strip is twenty feet or greater, the required trees shall be staggered in two or more rows.

8. Existing vegetation may be used to augment new plantings to meet the standards of this chapter.

9. Grass may be used as a ground cover where existing or amended soil conditions assure adequate moisture for growth.

10. Stormwater facilities such as retention/detention ponds and swales should be landscaped with water tolerant, native plants.

11. Low impact development stormwater features may be located in required setbacks and landscaping areas and may contribute to meeting the landscaping requirements.

12. Irrigation systems shall be required in all new landscape areas to assure the proper establishment of and continued growth of landscaping, unless it can be demonstrated to the satisfaction of the city that irrigation is not required.

D. Performance Assurance.

1. All required landscaping shall be installed and inspected by the city prior to the issuance of the certificate of occupancy. The Washington landscape architect, Washington certified nursery professional or Washington certified landscaper shall submit a landscaping declaration to the city to verify installation in accordance with the approved plans.

2. The time limit for compliance may be extended to allow installation of landscaping during the next appropriate planting season as approved by the city; provided, that a performance assurance device, for a period of not more than one year, will adequately protect the interests of the city. The performance assurance device shall be for one hundred fifty percent of the cost of the work or improvements covered by the assurance device. In no case may the property owner delay performance for more than one year.

a. If the required landscaping is not installed prior to completion of the approved development activity a temporary certificate of occupancy shall be issued and the final certificate of occupancy shall not be issued until the required landscaping has been installed and inspected by the city.

3. The city may require that the project sponsor provide a performance bond or another form of financial guarantee to ensure that required landscaping is properly installed, will become established, and be adequately maintained for at least two years after planting. The form and type of the performance assurance device shall be determined by the city.

4. All required maintenance shall be maintained by the property owner on an ongoing basis. Failure to maintain landscaping may result in a code violation.

a. The property owner shall replace any unhealthy or dead plant materials in conformance with the approved planting plan.

b. Landscape areas shall be kept free of trash.

c. All plant material shall be managed by pruning so that plant growth does not conflict with public utilities, restrict pedestrian or vehicular access, or create a traffic hazard.

E. Landscaped Area Requirements. All development activities including new construction, the modification of existing structures, subdivisions, binding site plans, and master plans must provide at least the following amount of on-site landscaped areas (including required landscaping in parking lots), unless otherwise provided in this section:

1. Residential multifamily zone (RMF): thirty percent of the lot(s);

2. Commercial zones (NC, GC, RC): twenty percent of the lot(s); and

3. Industrial zones (LI, GI): fifteen percent of the lot(s).

F. On-Site Landscaping Requirements. A combination of deciduous and evergreen trees, shrubs, and ground covers shall be used for all planted areas, unless otherwise specified above. The selection plantings shall be based on local climate, exposure, water availability, and drainage conditions, and nonnative, invasive plants shall be prohibited.

1. Deciduous trees shall have a caliper size of two inches or greater, or be at least ten feet tall at time of planting.

2. Evergreen trees shall be at least six feet tall at time of planting and have a low-branching habit with dense foliage.

3. Shrubs or perennials shall be planted from two-gallon containers or larger, and be at least twelve inches tall at time of planting. Perennials may be planted from one-gallon containers if two-gallon containers are not available.

4. Plant ground covers and bark mulch, chips, aggregate, or other nonplant ground covers are encouraged to be used around trees and shrubs in landscaped areas.

G. Perimeter Landscaping Buffer Requirements. In addition to the on-site landscaping requirements, all development activities including new construction, the modification of existing structures, subdivisions, binding site plans, and master plans in the multifamily residential zone (RMF), the commercial zones (NC, GC, RC) and the industrial zones (LI and GI) shall also provide an additional landscaped buffer along any property lines abutting a single-family residential zone (RSF-5/10 or RMD) in accordance with the following provisions:

1. A minimum width of twenty feet; and

2. The buffer shall contain at least one evergreen tree and ten shrubs which are predominantly evergreen, but may include some deciduous shrubs, distributed per twenty-five linear feet.

a. The evergreen trees shall be at least six feet at the time of planting;

b. Deciduous trees shall have a caliper of at least two inches at the time of planting;

c. At least twenty percent of the trees shall be native species and drought-resistant; and

d. Evergreen shrubs at least twenty-one inches in height at the time of planting, spaced no more than three feet on center, to achieve minimum four feet height at maturity. (Ord. 3992 § 4 (Exh. B), 2023; Ord. 3889 § 3 (Exh. A), 2017)

17.22.110 Parking.

Project sponsors must make adequate provisions to meet the projected parking needs associated with all new development activities, including the construction of new buildings, the expansion of existing buildings, changes of use, and/or changes to the terms and conditions of occupancy such as enlarging, moving or increasing capacity by creating or adding dwelling units, commercial or industrial floor space, or seating facilities.

A. General Requirements.

1. Driveways, parking areas, and walkways shall be designed in accordance with the provisions of the Kelso Engineering Design Manual and shall accommodate pedestrians, motor vehicles and bicycles used by occupants or visitors of a building or use.

a. Please note that there are special parking requirements in the West Main pedestrian overlay and the West Kelso multifamily design standards.

2. No building permit shall be issued until the city has approved plans that demonstrate that all parking requirements can be met.

a. No final certificate of occupancy shall be issued until all required parking is in place in accordance with city standards and the conditions of permit approval.

3. Existing parking deficits of legally established uses assigned to existing structures shall be allowed to continue even if a change of use occurs; provided, that in the judgment of the city the new use would not necessitate more parking spaces than the previous use.

4. Parking spaces serving residential dwelling units shall be located on the same lot with the building they serve, unless plans submitted for off-site or shared parking are approved by the city.

5. All required parking in the NC, GC, and RC zones shall be provided on site unless:

a. A shared parking agreement has been approved by the city; or

b. A voluntary in lieu of payment to provide the required parking in a public or cooperative parking facility has been approved by the city; and/or

c. A determination has been made by the city that adequate on-street parking exists to reasonably serve the new development.

6. All parking in the LI and GI zones shall be provided on site.

7. Parking Exceptions for Historic Structures. When a change in use within a historic structure would necessitate additional off-street parking, the additional off-street parking may be reduced or waived by the city, based on a finding that the reduction or waiver is necessary to preserve the historic character of the building or site. The applicant shall be required to show the need for a reduction or waiver and shall be the minimum necessary.

B. Spaces Required.

1. All parking lots shall comply with the minimum requirements for handicapped parking spaces, as required by Washington State regulations related to barrier-free facilities.

2. New residential developments shall provide the following off-street parking in accordance with the provisions of this section:

a. Single-family: two approved parking spaces per unit;

b. Multifamily: one and one-half approved parking spaces per unit; provided, that this may be reduced for projects of twenty or more units through a variance based on the results of a parking study documenting how parking requirements can be met on site;

c. Mixed-use: one approved parking space per unit; and

d. Accessory dwelling unit: one approved parking space per unit.

3. For all nonresidential uses or for special cases involving new residential developments, the required minimum parking amount shall be determined by the city. For determination by the city, the applicant shall supply:

a. Documentation regarding actual parking demand for the proposed use; or

b. Technical studies relating the parking need for the proposed use; or

c. Required parking for the proposed use as determined by other comparable jurisdictions. (Ord. 3992 § 4 (Exh. B), 2023; Ord. 3889 § 3 (Exh. A), 2017)

17.22.120 Stormwater management.

A. The city is required to manage stormwater runoff in accordance with the provisions of federal and state law and a National Pollutant Discharge Elimination System permit. As a result, the city has established a stormwater utility, adopted the Stormwater Manual for Western Washington prepared by the Washington State Department of Ecology, adopted local stormwater standards, and encourages the implementation of low impact design features.

1. For the applicable stormwater standards and requirements please refer to the Kelso Engineering Design Manual. (Ord. 3889 § 3 (Exh. A), 2017)

17.22.130 Reserved.

(Ord. 3889 § 3 (Exh. A), 2017)

17.22.140 Reserved.

(Ord. 3889 § 3 (Exh. A), 2017)

17.22.150 Airport safety overlay.

A. Applicability. The boundaries of the airport overlay (AO) are shown on the official zoning map.

1. The Southwest Washington Regional Airport master plan, as adopted by the city, is a resource document that may be a helpful reference source when reviewing these standards. In the event of a conflict between these provisions and the master plan, these provisions shall prevail unless otherwise determined by the city.

2. The city may approve alternative methods that meet or exceed these standards that are consistent with the provisions of the Southwest Washington Regional Airport master plan, as adopted by the city.

B. The airport safety overlay applies to the area adjacent to and surrounding the Southwest Washington Regional Airport with any and all additions thereto and extensions thereof, and established as within the boundaries of the zone described as:

1. Horizontal Surface. A horizontal plane one hundred sixty-seven feet above mean sea level, the perimeter of which is constructed by swinging arcs of ten thousand feet radii from the center of each end of the ultimate primary surface (five hundred feet by five thousand seven hundred thirty feet) and connecting the adjacent arcs by lines tangent to those arcs.

2. Conical Surface. A horizontal plane extending from one hundred sixty-seven feet above mean sea level at a slope of twenty to one a distance of four thousand feet from the outer perimeter of the horizontal surface to an elevation of three hundred sixty-seven feet above mean sea level, the perimeter of which is constructed by swinging arcs of fourteen thousand feet radii from the center of each end of the ultimate primary surface (five hundred feet by five thousand seven hundred thirty feet) and connecting the adjacent arcs by lines tangent to those arcs.

3. Approach Surfaces. A horizontal plane longitudinally centered on the extended runway centerline commencing at the end of the primary surface of Runway End 11, and extending for a horizontal distance of five thousand one hundred feet at a slope of thirty-four to one to a final width of two thousand thirty feet at the interception of the horizontal surface; and a horizontal plane longitudinally centered on the extended runway centerline commencing at the end of the primary surface of Runway End 29, and extending for a horizontal distance of three thousand feet at a slope of twenty to one to a final width of one thousand feet at the interception of the horizontal surface.

4. Transitional Surfaces. These surfaces extend outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of twenty to one from the sides of the primary surface and from the sides of the approach surfaces until intersecting the horizontal surface.

C. In the airport overlay the following shall be subject to special regulations or controls:

1. The height of structures and objects of natural growth;

2. Conditions or activities that may cause electronic interference with air navigation communication systems;

3. Lights that may interfere with the airport lighting system;

4. Conditions or activities that produce levels of smoke, dust or glare that would interfere with the safety of airport operations;

5. Conditions or activities that would create congregations of birds, which would create a hazard for operating aircraft.

D. Specifically, the following controls shall apply:

1. No building, pipe, chimney, steeple, stand, platform, pole, wire or erected manmade structures or object of natural growth, or obstruction of any kind or nature whatsoever, shall be built, placed, hung or permitted to grow or allowed to be built, placed or hung which shall at any point or part thereof exceed the height limits as determined by applying the geometry as set forth in the horizontal and conical approach and transitional surfaces as stated in this section.

2. No searchlights, beacon lights or other glaring lights that can be seen from overhead shall be used, maintained or operated within one-half mile of the airport as measured in all compass directions from the respective outer edge of airport property.

3. No use shall locate within the airport zone that will generate electromagnetic radiation that will cause interference between overhead aircraft and the ground control tower.

4. Any land use or activity that produces smoke or haze to a degree that would interfere with normal aircraft operations shall not locate within the airport zone.

5. Any land use or activity that may produce bird strike hazards in the air spaces identified in this section is prohibited.

6. No structure or obstruction shall be rebuilt, repaired or replaced where such repairing, rebuilding or replacement constitutes a major or extensive alteration of any structure or obstruction, except in compliance with the provisions of this title. (Ord. 3889 § 3 (Exh. A), 2017)

17.22.160 Adult oriented business overlay.

Sexually oriented businesses and marijuana retail businesses may only locate within the adult oriented business overlay.

A. Sexually Oriented Business Restrictions.

1. For the reasons stated in the recitals in the ordinance codified in this chapter, a person shall not use any property or premises for a sexually oriented business within the city except and only subject to all regulations, conditions, and within such geographical locations as are enumerated in the ordinance codified in this chapter.

2. No sexually oriented business shall locate within a distance of six hundred feet of an existing youth oriented business or activity. Such distance shall be measured in a straight line from the nearest property line of the existing youth-oriented business to the nearest property line of the site upon which the proposed sexually oriented business proposes to locate.

3. Regulated Uses. The following sexually oriented businesses and marijuana retail businesses as defined in this title are subject to the provisions and regulations contained in this chapter:

a. Adult arcade;

b. Adult bookstore, adult novelty store or adult video store;

c. Adult cabaret;

d. Adult motion picture theater;

e. Adult theater;

f. Nude/semi-nude model studio;

g. Adult motels/hotels; and

h. Marijuana retailer.

4. Adult Bookstores Not Incorporating Arcade Uses—Requirements. Adult bookstores, adult novelty stores or adult video stores not including or incorporating into the business conduct those activities described in the definition of adult arcade may locate or continue to operate within commercial zones of the city, as well as the adult oriented business overlay; provided, however, such businesses locating within a commercial zone shall be subject to the following additional requirements: No building or structure used for an adult bookstore, adult novelty store or adult video store as defined in this title shall locate closer than one thousand two hundred feet from any other building or structure used for such purpose, nor shall such a business locate within six hundred feet of an existing church or school building, as measured in all compass directions from the exterior wall of the existing building to the closest property line of the subject building.

5. Building Facades. All sexually oriented business building facades, exteriors, and exits must be indistinguishable from surrounding buildings; illustrations depicting partially or totally nude males and/or females shall not be posted or painted on any exterior wall of a building used for a sexually oriented business, or on any door or apparatus attached to such building.

6. Parking and Lighting Regulations for Sexually Oriented Businesses. On-site parking shall be required and regulated in accordance with the general requirements of this title, and in addition shall meet the following requirements:

a. All on-site parking areas and premises entries of sexually oriented businesses shall be illuminated from dusk until one hour past closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot-candle of light on the parking surface and/or walkways. An on-premises exterior lighting plan shall be presented to the city for approval prior to the operation of any sexually oriented business.

b. All parking must be visible from the fronting street. Access to the exterior rear of the building shall be denied to any persons other than employees and public officials during the performance of their respective duties and tasks by means of a fence, wall or other device as approved by the city.

c. Number of Permitted Uses Per Structure. There shall be no more than one sexually oriented business operating in the same building, structure or portion thereof. (Ord. 3889 § 3 (Exh. A), 2017)

17.22.170 State licensed marijuana production, processing, and sales.

A. The production, processing and retailing of marijuana remains illegal under federal law. The purpose of this chapter is solely to acknowledge the enactment by Washington voters of Initiative 502 and Initiative 692 and a state licensing procedure; and to permit, but only to the extent required by state law, marijuana producers, processors, and retailers to operate in designated zones of the city. No part of this section is intended to or shall be deemed to conflict with federal law, in accordance with U.S. Department of Justice enforcement guidelines, including but not limited to the Controlled Substances Act, 21 U.S.C. Section 800 et seq. and the Uniform Controlled Substances Act (Chapter 69.50 RCW), nor to otherwise permit any activity that is prohibited under either Act, or any other local, state or federal law, statute, rule or regulation. Nothing in this section shall be construed to supersede Washington State law prohibiting the acquisition, possession, manufacture, sale or use of marijuana in any manner not authorized by Chapter 69.50 or 69.51A RCW. Nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, or that creates a nuisance, as defined herein. It is the intention of the city council that this section be interpreted to be compatible with federal and state enactments and in furtherance of the public purposes that those enactments encompass.

B. Marijuana retail sales may be permitted in LI, light industrial, or GC, general commercial, zoning districts and within the adult oriented business overlay or the recreational marijuana sales overlay and in compliance with subsections D and E of this section.

C. No marijuana producer or processor may be located within one thousand feet, as measured by the shortest straight line distance from the property line of the licensed premises to the property line of any of the following:

1. Elementary or secondary school;

2. Playground;

3. Recreation center or facility;

4. Child care center;

5. Public park;

6. Public transit center;

7. Library; or

8. Any game arcade (where admission is not restricted to persons age twenty-one or older).

D. No marijuana retailer may be located within one thousand feet, as measured by the shortest straight line distance from the property line of the licensed premises to the property line of any of the following:

1. Elementary or secondary school; or

2. Playground.

E. No marijuana retailer may be located within one hundred feet, as measured by the shortest straight line distance from the property line of the licensed premises to the property line of any of the following:

1. Recreation center or facility;

2. Child care center;

3. Public park;

4. Public transit center;

5. Library; or

6. Any game arcade (where admission is not restricted to persons age twenty-one or older).

F. A valid, current license is required from the Washington State Liquor and Cannabis Board for operation of any recreational marijuana producer, processor or retail outlet.

G. A business license is required from the city for operation of any marijuana producer, processor or retailer.

H. All marijuana grow operations shall be located indoors. Outdoor grow operations are prohibited.

I. All signage and advertising for a recreational marijuana processor, producer or retailer shall comply with the applicable provisions of this code, the sign code, zoning code and WAC 314-55-155 (and all applicable rules for city, state, and federal regulations) as amended.

J. Security measures at all licensed premises shall comply with the requirements of WAC 314-55-083 (and all applicable rules for city, state and federal regulations) as amended.

K. All licensees and any agent, manager or employee thereof shall immediately report to the city police department any disorderly act, conduct or disturbance and any unlawful activity committed in or on the licensed and permitted premises, including, but not limited to, any unlawful resale of marijuana, and shall also immediately report any such activity in the immediate vicinity of the business.

L. Each licensee shall post and keep at all times visible to the public in a conspicuous place on the premises a sign with a minimum height of fourteen inches and a minimum width of eleven inches with each letter to be a minimum of one-half inch in height, which shall read as follows:

WARNING:

The City of Kelso Police Department must be notified of all disorderly acts, conduct or disturbances and all unlawful activities which occur on or within the premises of this licensed establishment.

M. No use that constitutes or purports to be a marijuana producer, marijuana processor, or marijuana retailer, as those terms are defined in this title, that was engaged in that activity prior to the enactment of this chapter shall be deemed to have been a legally established use under the provisions of the Kelso Municipal Code, and that use shall not be entitled to claim legal nonconforming status. (Ord. 3917 § 4 (Exh. B), 2018; Ord. 3889 § 3 (Exh. A), 2017)

17.22.190 West Main pedestrian overlay.

The purpose of the West Main pedestrian overlay is to support high-quality pedestrian oriented design elements along West Main Street in the West Kelso neighborhood. Active first floor nonresidential uses are required along the street while allowing for a mix of uses on the upper floors. Pedestrian oriented design elements include transparent first floor storefronts, overhead weather protection, building width and articulation requirements, pedestrian amenities, reduced off-street parking requirements, and zero or minimal building setbacks. The intent of this zone is to require pedestrian oriented design while allowing for creativity in the design of sites, buildings, and pedestrian space.

A. Applicability. The boundaries of the West Main pedestrian overlay (WMPO) are centered on West Main Street between Cowlitz Way West and First Avenue in West Kelso as shown on the official zoning map.

1. The West Kelso subarea plan is a resource document that may be a helpful reference source when reviewing these standards. In the event of a conflict between these provisions and the subarea plan, these provisions shall prevail unless otherwise determined by the city.

2. The city may approve alternative methods that meet or exceed these standards that are consistent with the provisions of the West Kelso subarea plan.

3. Project sponsors are encouraged to schedule a preapplication meeting with department of community development staff to discuss the applicability of these standards.

B. Design Review Required.

1. The construction of any new building, the substantial alteration of the exterior appearance of any structure, or the installation of any sign in the West Main pedestrian overlay must comply with the standards of this section.

a. The substantial alteration of the exterior appearance of an existing structure includes the alteration, addition to or modification of the primary and/or secondary facade of the subject structure, which fundamentally alters the facade.

2. Minor alterations, emergency repairs, ordinary maintenance and repairs, interior remodeling or decorations, as determined by the city, are exempt from the requirements of this pedestrian overlay.

C. Proposed developments within the West Main pedestrian overlay shall be subject to the following standards:

1. Civic Spaces.

a. Sidewalks shall be designed to function as public open spaces bordered by buildings, in addition to facilitating pedestrian movement. Buildings shall be designed to enhance the pedestrian experience through the use of such features as building articulation (i.e., variations in building materials, surface texture, windows, doors, porches and other facade features), landscaping, lighting and signage without encumbering the efficient movement and parking of vehicles. Where feasible, a project application should include relocation of overhead utilities underground.

b. Development at street intersections shall enhance intersections in ways that extend beyond functional needs through the location of building entries and the incorporation of building details, street lighting, landscaping and signage which respect and conform to the character of existing structures at the intersection.

2. Buildings. New construction shall preserve and continue the traditional block development pattern of the city by creating buildings that follow in scale and proportion the traditional modularity of existing block faces with buildings constructed to street property lines and main pedestrian access to the building is from the street. New development and redevelopment shall be designed with the same scale and proportions as would be found within the traditional block pattern with buildings constructed to the property line and with pedestrian access from the street.

3. Architectural Elements and Materials.

a. Building design elements, details and massing shall create a well-proportioned and unified building form and exhibit an overall architectural concept. Buildings shall exhibit form and features identifying the functions within the building. In general, the roofline or top of the structure shall be clearly distinguished from its facade walls.

b. The design of new buildings shall incorporate architectural features, elements and details to achieve a good human scale.

c. Building exteriors shall be constructed of durable and maintainable materials that are attractive even when viewed up close. Materials that have texture, pattern, or lend themselves to a high quality of detailing are encouraged.

d. Buildings shall avoid large blank walls facing the street, especially near sidewalks. Where blank walls are unavoidable, they shall receive design treatment to increase pedestrian comfort and interest.

e. A minimum of sixty percent of the first floor shall be transparent between thirty inches and twelve feet.

f. Provide weather protection at least five feet deep along eighty percent of the facade facing the street.

g. The primary building entrance shall be from West Main Street or Catlin Street for those properties that do not have street frontage on West Main Street.

4. Parking and Access.

a. Entries shall be clearly identifiable and visible from the street.

b. Siting shall minimize the impact of automobile parking and driveways on the pedestrian environment, adjacent properties and pedestrian safety. Off-street parking areas on a commercial street front shall be minimized and where possible shall be located behind or under a building.

c. Building sites shall locate service elements like trash dumpsters, loading docks and mechanical equipment away from the street front where possible. When elements such as dumpsters, utility meters, mechanical units and service areas cannot be located away from the street front, they shall be situated and screened from view and shall not be located in the pedestrian right-of-way.

d. Off-Street Parking and Access. The off-street parking standards contained herein supersede the parking requirements in Section 17.40.060 within the WMPO.

i. One space per residential unit shall be provided unless reduced by the city based on a site-specific parking analysis or other information to support approval of a parking reduction.

ii. Shared parking may be approved between any properties within or adjacent to the WMPO. Project sponsors must submit for city review and approval a written agreement between the parties documenting the amount, location, and term of the shared parking. If the shared parking agreement is terminated, additional parking must be provided and approved by the city within thirty days.

iii. The city may approve a shared parking reduction for on- or off-site parking based on a site-specific parking analysis demonstrating that the combined land uses can be accommodated with reduced off-street parking based on different peak periods of usage. There is no limit to the potential shared parking reduction.

iv. Parking Access. Where feasible, access to parking lots shall be from side streets and not directly from West Main Street or Catlin Street within the WMPO. Shared access to abutting properties is encouraged.

v. Parking shall be located behind the building. If not feasible to locate the parking behind the building the parking shall be located to the side of the building and shall be no wider than sixty-five feet at the street fronting on West Main Street. Parking lots may front on side streets if located behind a building that fronts on West Main Street or Catlin Street within the WMPO.

vi. Existing parking deficits of legally established uses assigned to existing structures shall be allowed to continue even if a change of use occurs; provided, that in the judgment of the city the new use would not necessitate more parking spaces than the previous use.

vii. Parking Exceptions for Historic Structures. When a change in use within a historic structure would necessitate additional off-street parking, the additional off-street parking may be reduced or waived through administrative review. The applicant shall be required to show the need for a reduction or waiver and shall be the minimum necessary.

viii. New parking spaces will not be required for additions to existing buildings that are less than twenty-five percent of the existing floor area and less than one thousand square feet. This exception to the parking requirement may be utilized only once per property and does not apply to additions or remodeling for the purpose of adding residential units. (Ord. 3889 § 3 (Exh. A), 2017)

17.22.200 West Kelso overlay.

A. The following design standards shall apply to all new multifamily developments in the West Kelso overlay.

1. The West Kelso subarea plan is a resource document that may be helpful reference source when reviewing these standards. In the event of a conflict between these provisions and the subarea plan, these provisions shall prevail unless otherwise determined by the city.

2. The city may approve alternative methods that meet or exceed these standards that are consistent with the provisions of the West Kelso subarea plan.

3. Project sponsors are encouraged to schedule a preapplication meeting with department of community development staff to discuss the applicability of these standards.

B. Site Design.

1. Orient the building to the street or an internal courtyard that has direct physical access to the street.

a. The main entry shall face the street or internal courtyard.

b. Provide weather protection over building entries: five feet deep minimum for shared entries and thirty inches deep minimum for private entries.

c. Provide transparent windows facing the street (at least ten percent of the facade).

d. Provide a paved walkway between the building entry and the street.

2. Place parking to the side or rear of the building (no more than fifty percent of street/block frontage to be parking or vehicular access).

3. Provide landscaping (shrubs and trees) to screen foundation walls, soften the view of the building, and provide a transition between the street and building.

4. Provide at least one hundred fifty square feet per residential unit of usable open space for residents, including some or all of the following features:

a. Private balconies;

b. Shared internal courtyards and/or rear yard space, with easy access to the space from adjacent units and site amenities to encourage use (i.e., seating areas, BBQ grill, community gardening area, planters with sitting ledges);

c. Shared front porch area; and/or

d. Shared rooftop deck.

5. Locate and design service elements, utility meters, and mechanical equipment to minimize negative visual, noise, odor, and physical impacts to the street environment, adjacent (on- and off-site) residents or other uses, and pedestrian areas.

C. Building Design.

1. Facade Articulation. Include articulation features at intervals that relate to the location/size of individual units within the building (or no more than every thirty feet) to break up the massing of the building and add visual interest and compatibility to the surrounding context. At least three of the following features shall be employed at intervals no greater than the unit interval or thirty feet (whichever is less).

a. Use of windows and/or entries;

b. Change in roofline (i.e., use of gables);

c. Change in building material, siding style, and/or window fenestration pattern;

d. Providing vertical building modulation of at least twelve inches in depth if tied to a change in roofline modulation or a change in building material, siding style, or color. Balconies may be used to qualify for this option if they are recessed or projected from the facade by at least eighteen inches. Juliet balconies or other balconies that appear to be tacked on to the facade will not qualify for this option unless they employ high quality materials and effectively meet the intent of the standards;

e. Vertical elements such as a trellis with plants, green wall, art element;

f. Other design techniques that effectively break up the massing at no more than thirty-foot intervals.

2. Window Design. Buildings shall employ techniques to recess or project individual windows on the facade at least two inches from the facade or incorporate window trim at least four inches in width that features color that contrasts with the base building color. (Ord. 3889 § 3 (Exh. A), 2017)

17.22.210 Signs.

A. Purpose. The purposes of this section are to:

1. To protect the public health, safety and welfare;

2. To minimize adverse visual safety factors to travelers on public roadways and private areas open to public vehicular traffic;

3. To provide for the safe construction, location, erection and maintenance of signs;

4. To maintain or improve the aesthetic quality of the city’s residential, commercial and industrial environments;

5. To encourage the effective use of signs as a means of communication in the city;

6. To protect property values;

7. To provide aesthetic benefits to business districts and the community at large through consistency in style, placement, and scale of signs with buildings, natural settings and other signs;

8. To maintain the city’s ability to attract sources of beneficial economic development and growth;

9. To minimize possible adverse effects of signs on abutting or adjacent public and private properties;

10. To prevent the proliferation of signs and sign clutter;

11. To provide for constitutionally protected forms of free speech and to comply with state and federal laws and court decisions; and

12. To provide for sign-related administration, permitting, fees payment, enforcement and appeal on a fair and consistent basis.

B. Applicability.

1. This section applies to all signs within the city which are visible from any street, sidewalk, or public place, regardless of the type or nature.

2. This section is not intended to, and shall not be interpreted to, restrict speech on the basis of its content, viewpoint, or message. Any classification of signs in this section which purports to permit speech by reason of the type of sign, identity of the sign user or otherwise, shall be interpreted to allow commercial or noncommercial speech on the sign. No part of this section shall be construed to favor commercial speech over noncommercial speech. To the extent that any provision of this section is ambiguous, the term shall be interpreted not to regulate speech on the basis of the content of the message.

C. Sign Permit.

1. Permit Required. No person shall erect, alter, or relocate any sign requiring a permit under this section without first submitting a sign permit application and receiving approval of the sign permit from the city, in accordance with the provisions of this title, unless the sign is determined to be exempt and a permit is not required.

a. Some sign types may be regulated under other codes adopted by the city, which may contain additional permits that are subject to additional regulations.

b. Signs for which permits are not required shall nonetheless comply with all applicable provisions of this section.

D. Exemptions. The following signs are exempt from the permitting requirements of this section. The city recommends consulting with the city department of community development to confirm that a sign is exempt and a permit is not required before installing or displaying any of the following signs:

1. Changes to the face or copy of changeable copy signs, digital signs, and electronic messaging signs, provided such changes do not change the material appearance of the sign as originally permitted by the city;

2. Normal repair and maintenance of conforming and legal nonconforming signs;

3. Legal notices, postings, or similar sign placed by or required by a governmental agency carrying out its responsibility to protect the public health, safety, and general welfare;

4. Signs required by law, including the Americans with Disabilities Act;

5. Signs owned and maintained by a federal, state, or local government agency including but not limited to street and highway signs, signs necessary to protect the public health and safety, directional and wayfinding signs, and/or public information signs;

6. Approved interpretative signs and historic markers;

7. Stone or cement plaques and cornerstones with engraved or cast text or symbols and permanently embedded in the building’s foundation or masonry and signs integral to a historic site or building;

8. Building address numbers;

9. National flags, or flags of political subdivisions;

10. Privately maintained traffic control signs on private roads or property;

11. Signs necessary to the expression of constitutionally protected forms of free speech as determined by the city attorney;

12. Newspaper and advertising circular dispensers located in the right-of-way (sidewalks); provided, that they do not obstruct pedestrians, impede access to buildings, or adversely affect the public safety, and they are well maintained at all times;

13. Signs attached to benches or furniture that are less than one square foot in area per bench;

14. Interior signs. Signs or displays located entirely inside of a building and located at least three feet from transparent door or windows;

15. Signs in a city recreational facility approved through a facility use agreement or comparable instrument, as determined by the city; and

16. Nonvisible signs. Signs and associated support structures not visible beyond the boundaries of the lot or parcel upon which they are located or from any public right-of-way.

E. Signs Prohibited in the City. No person shall erect, alter, maintain, or relocate any of the following signs in any zone in the city:

1. Signs that are dangerous or confusing to motorists on the public right-of-way, including any sign which by coloring, lighting, shape, wording or location resembles or conflicts with traffic control signs or devices or otherwise impedes the safe and efficient flow of traffic;

2. Signs that create a safety hazard for pedestrian or vehicular traffic;

3. Flashing signs;

4. Signs attached to or placed on a vehicle or trailer parked on public or private property, stored or displayed conspicuously in a manner to attract the attention of the public; provided, however, that signs that are permanently painted or wrapped on the surface of the vehicle, or adhesive vinyl film affixed to the interior or exterior surface of a vehicle window, or signs magnetically attached to motor vehicles or rolling stock that are actively used in the daily conduct of business are not prohibited so long as such vehicles are operable and parked in a lawful or authorized manner;

5. Permanent signs on vacant lots or parcels. Signs may only be established as an accessory use to a principally permitted use;

6. Roof signs;

7. Awning signs;

8. Rotating, spinning, or motorized signs;

9. Inflatable signs;

10. Signs attached to towers or wireless communication support towers, except as required by law;

11. Signs attached to benches or furniture that are greater than one square foot in area per bench;

12. Signs attached to utility poles, fences, or trees;

13. Signs that are determined by the city attorney to meet the judicial standards for obscenity; and

14. Abandoned signs.

F. Nonconforming Signs. Legally installed signs that do not meet the provisions of this section shall be considered legal, nonconforming signs and may be continued; provided, that they are maintained in good repair in accordance with the following provisions. A nonconforming sign shall immediately lose its nonconforming designation if:

1. The sign is altered in structure or sign face area which tends to be or makes the sign less in compliance with the requirements of this section than it was before the alteration; or

2. The sign is relocated; or

3. The sign is replaced; or

4. Any new sign is erected or placed in connection with the enterprise using the nonconforming sign; or

5. The sign face and/or sign structure is not maintained in good repair so as to cause the potential for public harm or injury to life or property.

G. Maintenance and Safety.

1. All signs and components thereof must be maintained in good repair and in a safe, neat, clean and attractive condition. Maintenance of a sign shall include periodic cleaning, replacement of flickering, burned out or broken light bulbs or fixtures, repair or replacement of any faded, peeled, cracked or otherwise damaged or broken parts of a sign, and any other activity necessary to restore the sign so that it continues to comply with the requirements and contents of the sign permit issued for its installation and provisions of this section.

2. The provisions of this section shall not be construed as relieving or limiting in any way the responsibility or liability of any person, business or organization erecting, owning or operating a sign within the city of Kelso for personal injury or property damage resulting from the placement of a sign, or resulting from the negligence or willful acts of such person, business or organization, its agents, employees, contractors or workmen in the construction, maintenance, repair or removal of any sign erected in accordance with a permit issued hereunder. Nor shall it be construed as imposing on the city or its officers or employees any responsibility or liability by reason of the approval or disapproval of any signs, materials or devices under the provisions of this section.

3. No sign may be erected or displayed in a manner that may present a threat to public safety and required sight distances shall be maintained at all times.

H. Enforcement and Removal.

1. Any violations of this section such as the placement of prohibited signs on a property or the failure to maintain existing or new signage in good condition shall be subject to the code enforcement actions according to this section and Chapters 1.50 and 8.24.

2. In addition to the remedies in this section and Chapter 1.50, the city shall have the authority to require the repair, maintenance or removal of any sign or sign structure which has become dilapidated or represents a hazard to the safety, health or welfare of the public, at the cost of the sign and/or property owner.

3. Abandoned and Illegal Signs. Any abandoned or illegal sign is hereby declared to be a danger to the health, safety, and welfare of the citizens of Kelso. Any sign that is partially or wholly obscured by the growth of vegetation or weeds or by the presence of debris or litter also presents a danger to the health, safety and welfare of the citizens.

4. Abandoned or illegal signs are hereby deemed to be a public nuisance and shall be removed by the property owner within forty-five days after notice from the city. Any sign not removed following such notice may summarily be abated by the city in accordance with Chapters 1.50 and 8.24.

5. Legal, conforming structural supports for abandoned signs may remain, if installed with a blank sign face and supporting structures are maintained.

I. The following table shall be used to determine whether a particular type of sign may be permitted in a given zoning district.

1. Only those signs identified with a P (permitted) or a footnote (1), (2), (3), etc., may be approved; provided, that they comply with all provisions and the standards of this section. Those uses identified with an X or a blank cell are not permitted in that zone.

Type of Sign/Zoning District	RSF-5/10	RMD	RMF	NC	GC	RC	LI	GI
Freestanding signs	(1)	(1)	(1)		P (2)	P	P	P
Freeway signs						P	P	P
Portable signs				P	P	P	P	P
Projecting signs				P	P	P
Temporary signs	P	P	P	P	P	P	P	P
Wall signs	P	P	P	P	P	P	P	P

Footnotes:

1. Only on the site of schools, churches, or government offices in accordance with the provisions of this section.

2. Not allowed within the West Main Street pedestrian overlay.

J. General Standards Applicable to All Signs.

1. All signs shall comply with the standards specified in the tables and the written standards and regulations contained within this section.

2. All signs shall provide evidence of compliance with this section, the International Building Codes as adopted by the city, and all other applicable state and/or federal regulations concerning signs prior to installation and uses.

3. All signs except for temporary signs recognized by this section shall be permanently attached to the ground, to a building or another structure by direct attachment to a rigid wall, frame or structure.

4. The size of signs shall be determined by the city based upon a measurement of the area of the sign devoted to copy or electronic message boards.

5. Where a numerical height limit is imposed by this section, the height shall be measured from finished grade of the nearest public street to the top of the sign face or sign face enclosure.

6. Signs may not located in or extend into the public right-of-way unless specifically authorized or pursuant to a temporary use permit or special event permit.

7. No sign may be constructed or displayed in a manner that adversely affects the public safety or required sight distances, and sight triangles shall be maintained at all times.

8. Externally illuminated signs shall be illuminated only with steady, stationary, fully shielded light sources directed solely onto the sign without causing glare. Light shielding shall ensure that the lamp or light source is not visible beyond the premises and shall further ensure that the light is contained within the sign face.

9. It is important to note that some signs may also be subject to the provisions of state and federal laws, such as the Scenic Vistas Act (Chapter 47.42 RCW), the regulations of the Washington State Department of Transportation, and/or the regulations of the Washington State Liquor and Cannabis Board.

10. It shall be the responsibility of the applicant to be knowledgeable of and comply with the provisions of applicable local, state, and federal standards.

11. The city may require documentation of compliance with applicable state and local standards.

12. All signs must be accessory to the primary use of a lot.

K. Master Sign Plans. Property owners with multiple buildings, multiple tenants, mixed-use developments, and/or master planned developments are encouraged to submit a master sign plan for city review and approval.

1. A sign permit is not required for new signs designed, constructed, and installed in accordance with an approved master sign plan.

L. Sign Standards.

1. Wall Signs.

a. General Standards.

i. Wall signs must be attached or erected parallel to and not extending more than ten inches from the wall, facade, or face of any building to which it is attached and supported throughout its entire length with the exposed face of the sign parallel to the plane of the wall or facade.

ii. Wall signs may not extend above the parapet or eave line.

b. In the Single-Family Residential Zones (RSF-5, RSF-10, and RMD).

i. One nonilluminated wall sign, no larger than two square feet in area, may be attached to the front wall of a single-family residence.

ii. One wall sign per street frontage, no larger than thirty-two square feet, may be attached to schools, churches, or government offices.

c. In the Multifamily, Commercial, and Industrial Zones (RMF, NC, GC, RC, LI, and GI).

i. No more than two wall signs or one wall sign and one projecting sign per street frontage may be permitted;

ii. The total area of wall signs and projecting signs in the RMF and NC zones may not exceed thirty-two square feet per street frontage;

iii. The total area of wall signs and projecting signs in the GC and RC zones shall not exceed two hundred fifty square feet in area; and

iv. The total area of wall signs and projecting signs in the LI and GI zones shall not exceed three hundred fifty square feet in area.

d. If more than one business is located in a building or on a site, a wall sign may be shared or each business may have a wall sign; provided, that the total size of all signs does not exceed the size limitation. For example, if there are five businesses in a building in the GC zone, the businesses could share a two-hundred-fifty-square-foot wall sign or each business could have a fifty-square-foot wall sign.

2. Projecting Signs.

a. No more than one projecting sign may be permitted per street frontage.

b. Projecting signs may be two-sided and not exceed thirty-two square feet per side.

c. Projecting signs may encroach into the public right-of-way (sidewalks) up to four feet if vertical clearance of eight feet is maintained; and provided, that the sign is no closer than two feet from the edge of the road or curb.

d. The area of a projecting sign must be subtracted from the area allowed for a wall sign. For instance, a business in the GC zone may have up to two hundred fifty square feet of wall signs. If a business installs a projecting sign that is eight square feet in size, that business may then only have two hundred forty-two square feet of wall signage.

3. Freestanding and Monument Signs.

a. No more than one freestanding sign or one monument sign per street frontage may be permitted.

b. Freestanding signs in the single-family residential zones (RSF-5, RSF-10, RMD) are permitted only on the site of schools, churches, or government offices; provided, that:

i. The maximum height is eight feet; and

ii. The freestanding sign may have two sides and the maximum area is thirty-two square feet per side.

c. Freestanding signs in the RMF zone may be permitted; provided, that:

i. The maximum height is eight feet; and

ii. The freestanding sign may have two sides and the maximum area is thirty-two square feet per side.

d. Freestanding signs in the GC and RC zones may be permitted; provided, that:

i. The maximum height is ten feet plus the distance of the sign base from the nearest property line, but no higher than twenty feet;

ii. The freestanding sign may have two sides and the maximum area is thirty-two square feet per side; and

iii. May include electronically changeable messages or digital signs in accordance with the provisions of this section.

e. Freestanding signs in the LI and GI zones may be permitted; provided, that:

i. The maximum height is thirty-five feet;

ii. The freestanding sign may have two sides and the maximum area is one hundred twenty-five square feet per side;

iii. In the LI and GI zones the maximum height of freestanding signs is thirty-five feet; and

iv. May include electronically changeable messages or digital signs in accordance with the provisions of this section.

f. Freestanding signs may not exceed the following size limitations:

i. In the RMF zone a freestanding sign may have two sides and shall not exceed thirty-two square feet per side.

ii. In the NC, GC, and RC zones a freestanding sign may have two sides and shall not exceed thirty-two square feet per side.

iii. In the LI and GI zones a freestanding sign may have two sides and shall not exceed one hundred twenty-five square feet per side.

g. Monument signs may not exceed five feet in height, twenty feet in length, or one hundred square feet in area per side.

h. If more than one business is located in a building or on a site a freestanding or monument sign may be shared; provided, that the total size of all signs does not exceed the size limitation. For example, if there are five businesses in a building in the GC zone, the businesses could share a thirty-two-square-foot freestanding sign.

4. Freeway Signs.

a. Freeway signs may only be permitted on lots abutting Interstate 5 and must be located within a one-thousand-foot radius of the interstate entry/exit point.

b. Freeway signs may not exceed one hundred feet in height.

c. Freeway signs may have two sides and may not exceed one hundred twenty-five square feet per side.

d. May include electronically changeable messages or digital signs in accordance with the provisions of this section.

5. Digital Signs. A digital sign is not a separately allowed sign type. The purpose of this section is to regulate the manner in which digital sign technology can be applied to sign types that are otherwise allowed in this section. It is not intended to allow more signs or larger signs than otherwise permitted in this section.

a. All digital signs shall conform to the following standards:

i. Maximum luminance: fifty nits during nighttime hours;

ii. No motion except for the instantaneous change of messages; and

iii. A minimum hold between messages of at least eight seconds.

b. Programming. To ensure that EMCs are programmed and continue to operate according to local standards, EMCs shall be designed for local on-site control and programming. The applicant shall provide a written certificate from the sign manufacturer that the nighttime light intensity has been factory preset not to exceed allowable levels under this section, and that this setting is protected from end-user modification by password-protected software or other method that ensures compliance.

M. Portable and temporary signs that meet the following criteria, as determined by the city, do not require a permit. Portable or temporary signs that do not meet the following criteria must receive a permit or be removed. Businesses are encouraged to consult with the department of community development before they incur any expense to confirm that their proposed sign meets the following criteria and that a permit is not required.

1. Portable Signs.

a. Design and Materials. Must be designed with durable materials, otherwise they will be regulated as temporary signs. Portable signs must be designed to withstand wind and may include a heavy weighted base for pole-mounted signs, and a heavy weight suspended between the opposing faces of a sandwich board sign.

b. Size and Height. Sandwich board signs: maximum of four feet in height, maximum of three feet in width. (Note: sandwich board sign height is measured in the flat standing position, rather than in open standing position.) Pole-mounted signs: maximum of five feet in height, two feet in width.

c. Number. Not more than one portable sign may be displayed per business, per tenant space.

d. Location. Must be located no further than ten feet from the primary building of the business, or, if there is only one business or tenant space on the site, it may be located not farther than ten feet from the site’s driveway entrance. No portable sign may be located on the city right-of-way (which includes the sidewalk), without a street right-of-way use permit.

e. Display Hours. Portable signs, including temporary portable signs, may be displayed during business or operating hours only.

f. Type. Portable signs may not be changeable copy signs or illuminated in any manner.

2. Temporary Signs. Nothing in this section shall preclude the city from approving temporary signs in conjunction with a special use or event permit.

a. Materials. Temporary signs may only be made of nondurable materials, including but not limited to paper, corrugated board, flexible, bendable, or foldable plastics, foam core board, vinyl canvas or vinyl mesh products of less than twenty-ounce fabric, vinyl canvas and vinyl mesh products without polymeric plasticizers and signs painted or drawn with water soluble paints or chalks. Signs made of any other material shall be considered permanent and subject to the permanent sign regulations of this section.

b. Temporary signs may not be changeable copy signs or illuminated in any manner.

c. Public Safety. No temporary sign shall obstruct required sight distances or adversely affect public safety. Signs shall not be placed in a manner that obstructs pedestrians or impedes access to driveways, sidewalks or buildings.

d. City Property. Temporary signs on city-owned property, excluding the city right-of-way, are prohibited except in conjunction with an approved special event permit.

e. City Right-of-Way. Temporary signs are prohibited in the roadway. Temporary freestanding signs on stakes are allowed within the right-of-way outside the roadway and are limited to four square feet and three feet in height. All other signs are prohibited unless allowed in conjunction with a special event permit, temporary use permit or a right-of-way permit.

f. Signs on Private Property in RSF, RMD, and RMF Zones. Temporary freestanding stake signs shall not exceed four square feet in size and three feet in height.

g. Signs on Private Property in NC, GC, RC, LI, and GI Zones. Temporary freestanding stake signs are limited to four square feet and five feet in height. Temporary portable sandwich board signs are limited to twelve square feet in total area and five feet in height. Portable sandwich board signs are allowed only during business hours and as an accessory use to a principally permitted use.

h. Removal. Temporary signs must be removed within ten days after the event or activity. In addition, temporary signs shall be removed if the sign is in need of repair, worn, dilapidated or creates a public nuisance. (Ord. 3992 § 4 (Exh. B), 2023; Ord. 3889 § 3 (Exh. A), 2017)

17.22.220 Drive-in businesses.

A. Drive-in businesses shall provide adequate off-street queuing spaces to minimize traffic hazards, pedestrian-vehicle conflicts, and the disruption of the commercial area street front.

1. The applicant shall provide documentation, subject to city review and approval, that the proposed drive-in facility will not constitute a traffic hazard, create a conflict with nonmotorized vehicles, or otherwise adversely affect the public health and safety. (Ord. 3889 § 3 (Exh. A), 2017)

17.22.230 Card rooms.

The location of any licensed gambling activity authorized by RCW 9.46.0282 as it now exists or is hereafter amended is prohibited within three thousand five hundred feet of the location of any other such gambling activity. Likewise, no such gambling activity shall be located on the same arterial street as any other such gambling activity. In addition to the foregoing, any establishment where such gambling activity is to be engaged in shall be subject to the issuance of a conditional use permit in accordance with established procedures. (Ord. 3889 § 3 (Exh. A), 2017)

17.22.240 Wireless communication facilities.

A. Applicability.

1. The provisions of this section shall apply to all new wireless communication facilities as well as the expansion and/or modification of any existing facilities within the city, subject to the following exemptions:

a. Satellite earth stations using antennas not more than two meters in diameter in commercial and industrial districts and direct-to-home satellite services using any size antenna in any district;

b. Send-and-receive citizen band radio antennas operated by federally licensed amateur (ham) radio operators;

c. Industrial, scientific and medical equipment as regulated by the FCC in 47 CFR Part 18; and

d. Military and government radar antennas and associated communication towers used for navigational purposes as regulated by the FCC by 47 CFR Parts 97 and 95, respectively.

2. Unless specifically exempted, all wireless communications facilities must conform to the provisions governing Category 1 and Category 2 facilities as determined by the city.

3. Reservation of Authority. Nothing herein is intended or shall operate to waive or limit the city’s right to enforce, or condition approval on, compliance with generally applicable building, structural, electrical, and safety codes and with other laws codifying objective standards reasonably related to health and safety.

4. Interpretation. Interpretations of this section shall be guided by Section 6409 of the Spectrum Act, the Wireless FCC Eligible Facilities Request Rules, the FCC’s Report and Order in In re Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies, WT Docket Nos. 13-238, 13-32, WC Docket No. 11-59, FCC 14-153.

B. New Category 1 wireless communication facilities are subject to the following standards:

1. The facilities shall be located on buildings or other structures.

2. The facilities may exceed the height restrictions of the underlying zone but shall be no more than ten feet taller than the existing structure on which the facility is located.

3. The shelter or cabinet used to house related electronics equipment must be concealed from view and/or camouflaged. This can be accomplished through landscaping or other screening, the use of compatible building materials, or painting or finishing in a manner that blends with the dominant color of the background except where otherwise required by the FAA or FCC.

4. A building permit shall be required to construct a Category 1 wireless communication facility.

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

C. The following minimum development standards apply to all Category 2 wireless communication facilities, including towers. These standards are in addition to any development standards that apply in the underlying zoning district in which a Category 2 wireless communication facility is located and any conditions of approval.

1. A building permit shall be required to construct or modify a Category 2 wireless communication facility.

2. Roof-mounted facilities must be set back a minimum of ten feet from the edge of the roof and may exceed the height restrictions of the underlying zone but shall be no more than ten feet taller than the existing structure on which the facility is located.

3. The maximum height of a monopole or lattice tower is sixty feet for one carrier or one hundred twenty feet if two or more carriers are located on the monopole or lattice tower.

4. Anti-Climbing Devices. All wireless towers and required fencing shall be equipped with appropriate anti-climbing devices.

5. Attachment to Trees Prohibited. It is prohibited to attach any wireless communications facility or portion thereof to any tree.

6. Signs. All wireless communications towers shall be identified with a nonilluminated sign not exceeding four square feet. The sign shall list the wireless service provider’s name and emergency telephone number and shall be posted in a place visible to the general public.

7. Lighting. Wireless communications facilities shall not be illuminated except where required by the FAA, or the Washington Department of Transportation, Aeronautics Division.

8. Painting. Wireless communications facilities shall be painted or finished in a manner that blends with the dominant background, except where otherwise required by the FAA or Washington Department of Transportation, Aviation Division. The applicant and the operator of the facility shall have a continuing duty to maintain such paint or finish.

9. Setbacks. The following setback standards shall apply to wireless communications facilities:

a. Accessory equipment structures and wireless communications support structures which are attached to existing buildings or other permanent structures shall comply with the setback requirements for the underlying district.

b. Freestanding wireless towers located in any district shall be set back from any property line of an abutting residential use or district by a distance equal to the height of the wireless communications support structure, or one hundred feet, whichever is greater.

c. Setbacks for freestanding wireless towers shall be measured from the ground-level base of the structure.

d. The setback in any zone may be reduced through a variance, if the applicant can demonstrate that:

i. Reduction in the setback increases the screening opportunities between the facility and abutting residential and other uses, for example, by placement behind tall trees, in tree groves, behind buildings or near other tall elements;

ii. The reduction in setback allowed is the minimum required to achieve increased visual screening of the facility from abutting residential uses.

10. Landscaping Standards. Category 2 wireless communications facilities shall be subject to the following landscaping and screening standards:

a. The perimeter of the wireless tower and any guy wires and anchors shall be enclosed by a fence or wall per requirements contained in Section 17.22.100, Landscaping.

b. Within the required setback, the applicant shall provide landscaping to include: at least one row of evergreen shrubs spaced not more than five feet apart and capable of growing to form a continuous hedge at least five feet high within five years of planting, and evergreen trees or shrubs, spaced not more than fifteen feet apart or less than four feet high when planted.

c. Maintenance of the landscaped area shall be the responsibility of the applicant and/or operator of the facility. Required landscaping must be maintained in a healthy condition. Trees and shrubs that die must be replaced with healthy materials of the same or similar species and same size to the extent practicable.

d. The city may allow the use of landscaping and screening other than that described above if the applicant shows the proposed landscaping and screening will achieve at least the same degree of screening provided pursuant to those subsections when viewed from off-site public areas and residences.

11. Height Standards. The following standards shall apply to wireless communications facilities:

a. The height of a wireless communications facility shall include the tower and any attached antennae proposed at the time of application.

12. Screening. For new wireless towers and accessory equipment to be located in any district other than industrial districts, visual impacts must be mitigated to the greatest extent practicable by using stealth design, camouflage or screening, including but not limited to: fencing, landscaping, strategic placement adjacent to existing buildings or existing vegetation, placement of accessory equipment structures underground, and/or incorporation of wireless facilities into the architectural features of existing buildings or structures. Mitigation may also include design compatibility with key elements in the surrounding area, such as: use of brick or other material similar to that used in adjacent buildings or structures; visual blending of support structures with compatible architectural features such as flag poles, bell towers or cornices; or use of existing vegetation to camouflage support structures.

13. Co-location.

a. Freestanding wireless towers shall be designed for co-location of wireless facilities.

b. No freestanding wireless towers may be constructed within one mile of an existing freestanding wireless tower unless it is demonstrated to the satisfaction of the city that no existing tower can accommodate the additional wireless communication facility or that the location does not satisfy the operational requirements of the applicant.

c. The applicant shall provide evidence that applicant has provided notice to all other area wireless service providers to encourage co-location of additional antennas on the proposed structure.

D. Eligible Wireless Communication Facilities Modifications.

1. The provisions of this subsection D apply to the following modifications; any modification that does not meet the standards of this section shall be processed as a new facility:

a. The co-location of new transmission equipment;

b. The removal of transmission equipment; and

c. The replacement of transmission equipment that meets the criteria for not being a significant change.

2. Applicability—Relationship to Other Rules and Regulations.

a. Sole and Exclusive Procedure. Except as may be otherwise provided in this section, and notwithstanding any other provisions in the Kelso Municipal Code, the provisions of this section shall be the sole and exclusive procedure for review and approval of a proposed facilities modification which the applicant asserts is subject to review under Section 6409 of the Spectrum Act. To the extent that other provisions of the Kelso Municipal Code establish a parallel process for review and approval of a project permit application for a proposed facilities modification, the provisions of this section shall control. In the event that any part of an application for project permit approval includes a proposed facilities modification, the proposed facilities modification portion of the application shall be reviewed under the provisions of this section. In the event that an application for project permit approval includes a proposal to modify a wireless eligible support structure, and the applicant does not assert in the application that the proposal is subject to review under Section 6409 of the Spectrum Act, such proposal shall not be subject to review under this subsection D and shall be subject to review under other applicable provisions of this section.

b. Nonconforming Structures. This section shall not apply to a proposed facility modification to a wireless eligible support structure that is not a legal conforming, or legal nonconforming, structure at the time a completed wireless eligible facilities modification application is filed with the city. To the extent that the nonconforming structures and use provisions of the Kelso Municipal Code would operate to prohibit or condition approval of a proposed facilities modification application otherwise allowed under this section, such provisions are superseded by the provisions of this section and shall not apply.

c. Replacement of a Wireless Eligible Support Structure. This section shall not apply to a proposed facility modification to an eligible support structure that will involve replacement of the wireless tower or wireless base station.

d. First Deployment—Base Station. This section shall not apply to a proposed facility modification to a structure, other than a tower, that does not, at the time of submittal of the application, already house or support wireless transmission equipment lawfully installed within or upon, or attached to, the structure.

E. Permitting.

1. Tolling Time Frame for Review. The application review period begins to run when the application is received, and may be tolled when the approval authority determines that the application is incomplete and provides notice as set forth below. The application review period may also be tolled by mutual agreement of the approval authority and applicant. The time frame for review is not tolled by a moratorium on the review of wireless eligible facility modification applications.

2. To toll the time frame for review for incompleteness, the approval authority must provide written notice to the applicant within thirty days of the date of receipt of the application, clearly and specifically delineating all missing documents or information. Such delineated information is limited to submittals set forth in this section and any supplemental information requested by the city that is reasonably related to determining whether the proposed facilities modification will substantially change the physical dimension of an eligible support structure.

a. The time frame for review begins running again when the city is in receipt of applicant’s supplemental submission in response to the approval authority’s notice of incompleteness.

b. Following a supplemental submission, the city shall have ten days to notify the applicant that the supplemental submission did not provide the information identified in the original notice delineating missing information. The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in this subsection. Except as may be otherwise agreed to by the applicant and the approval authority, second or subsequent notices of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.

c. A notice of incompleteness from the city will be deemed received by the applicant upon the earlier of personal service upon the authorized person, delivery by electronic mail to the authorized person (if such delivery is authorized for receipt of notice by the authorized person), or three days from deposit of the notice in the United States mail, postage prepaid, and in an envelope properly addressed to the authorized person using the address set forth in the application.

3. Modification of Application. In the event that after submittal of the application, or as a result of any subsequent submittals, applicant modifies the proposed facilities modification described in the initial application, the application as modified will be considered a new application subject to commencement of a new application review period; provided, that applicant and the approval authority may, in the alternative, enter into a mutually agreeable tolling agreement allowing the city to request additional submittals and additional time that may be reasonably necessary for review of the modified application.

4. Review of Application.

a. The city shall review a wireless eligible facilities modification application to determine if the proposed facilities modification is subject to this section, and if so, if the proposed facilities modification will result in a substantial change to the physical dimensions of an eligible support structure.

b. Within sixty days of the date on which the city receives a wireless eligible facilities modification application, less any time period that may be excluded under the tolling provisions of this section or a tolling agreement between the applicant and the approval authority, the city shall approve the application and contemporaneously issue an eligible facilities modification permit, unless the approval authority determines that the application is not subject to this section, or the proposed facilities modification will substantially change the physical dimension of an eligible support structure.

c. A wireless eligible facilities application shall be approved, and a wireless eligible facilities permit issued, upon determination by the approval authority that the proposed facilities modification is subject to this section and that it does not substantially change the physical dimensions of an eligible support structure. An eligible facilities application shall be denied upon determination by the approval authority that the proposed facilities modification is not subject to this section or will substantially change the physical dimensions of an eligible support structure. A proposed facilities modification will substantially change the physical dimensions of an eligible support structure if it meets any of the substantial change criteria.

d. An application that has been deemed approved shall be and constitute the equivalent of a wireless eligible facilities modification permit, except as may be otherwise determined by a court of competent jurisdiction, and shall be subject to generally applicable enforcement and compliance requirements in the same manner as an eligible facilities modification permit issued pursuant to this section.

i. “Deemed approved” for the purposes of administering the regulation of wireless communications facilities shall mean and refer to a wireless eligible facilities modification application that has been deemed approved upon the city’s failure to act, and has become effective, as provided pursuant the Wireless FCC Eligible Facilities Request Rules.

e. A denial of a wireless eligible facilities modification application shall set forth in writing the reasons for the denial and shall be provided to the applicant.

f. Notwithstanding any other provisions in the Kelso Municipal Code, no administrative review is provided for review of a decision to condition, deny or approve an application. Applicant and the city retain any and all remedies that are available at law or in equity, including by way of example and not limitation those remedies set forth in the Wireless FCC Eligible Facilities Request Rules and remedies available under the Land Use Petition Act. In the event no other time period is provided at law for bringing an action for a remedy, any action challenging a denial of an application or notice of a deemed approved remedy shall be brought within thirty days following the date of denial or following the date of notification of the deemed approved remedy.

F. Substantial Change Criteria. A proposed facilities modification will substantially change the physical dimensions of a wireless eligible support structure if it meets any of the following criteria:

1. For towers other than towers in the public rights-of-way, it increases the height of the tower by more than ten percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than ten percent or more than ten feet, whichever is greater.

a. Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings’ rooftops; in other circumstances, changes in height should be measured from the dimensions of the wireless tower or wireless base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.

b. For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;

c. For any wireless eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and wireless base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent larger in height or overall volume than any other ground cabinets associated with the structure;

i. It entails any excavation or deployment outside the current wireless site;

ii. It would defeat the concealment elements of the wireless eligible support structure; or

iii. It does not comply with conditions associated with the siting approval of the construction or modification of the wireless eligible support structure or wireless base station equipment; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in this section.

G. Nonconforming Structure—Termination.

1. The provisions of this subsection shall apply to any facilities modification constructed, installed, placed or erected pursuant to a wireless eligible facilities modification permit, or pursuant to a deemed approved remedy, which facilities modification did not conform to zoning and/or development regulations, exclusive of this section, in effect at the time the completed eligible facilities modification application was filed.

2. Nonconforming Structure Determination. A facilities modification to which this section applies is subject to termination as a nonconforming structure upon the following conditions:

a. Final, Nonappealable Decision. An appellate court, in a final and nonappealable decision, determines that Section 6409(a)(1) of the Spectrum Act is unconstitutional or otherwise determined to be invalid or unenforceable; and

b. Notice of Nonconforming Structure Determination. The city provides written notice to the applicant that the city has determined that the facilities modification did not conform to zoning and/or development regulations, exclusive of this section, in effect at the time the completed wireless eligible facilities modification application was filed and that the facilities modification constitutes a nonconforming structure pursuant to the provisions hereof and must be made conforming or the facilities modification terminated.

c. Conformance—Termination. Upon receipt of notice of the city’s nonconforming structure determination, applicant shall abate the nonconformance by either conforming the wireless site to the zoning and development regulations in effect at the time the completed wireless eligible facilities modification application was filed, or removing the facilities modification and returning the wireless site to the condition that existed prior to the construction, installation, placement or erection of the facilities modification. The time period for conformance shall be one year from the date of the city’s notice of the nonconforming structure determination.

d. The provisions of Chapter 17.10.

H. Removal of Wireless Communications Facilities. Any antenna or tower that is not operated for wireless communications for a continuous period of twelve months shall be removed by the owner of the property on which the tower or antenna is situated, or by the owner or lessee of the tower or antenna, within ninety days of receipt of notice to remove from the city. If the antenna and/or tower is not removed within said ninety days, the city may remove the antenna or tower at the owner’s expense. If there are two or more wireless communications providers collocated on a single tower, this provision shall not become effective until all providers cease using the wireless communication facility for a continuous period of twelve months. (Ord. 3889 § 3 (Exh. A), 2017)

17.22.250 Day care.

A. Day care facilities (all types) shall meet the following standards:

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

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

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

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

5. A day care center, if sited on the premises of an operating community service facility, such as a private or public school, place of worship, community center or library, and associated with that activity, shall be considered accessory to the principal use of the property concerned. (Ord. 3889 § 3 (Exh. A), 2017)

17.22.260 Mobile homes, recreational vehicles (RVs), trailers, and tents.

Mobile homes, recreational vehicles (RVs), trailers, park models, automobiles, or tents may not be used for human habitation or dwelling purposes in the city, except as follows:

A. Mobile homes may be used for human habitation in manufactured/mobile home communities legally in existence prior to June 12, 2008, in accordance with the provisions of state law, including RCW 35A.21.312.

B. Tents or automobiles may not be used for human habitation or dwelling purposes.

C. Recreational vehicles may be used for human habitation in approved RV parks and in mobile home communities in accordance with the provisions of state law, including RCW 35A.21.312; provided, that;

1. Each RV must contain at least one internal toilet and one internal shower, or the RV park or mobile home community must provide toilet and showers; and

2. Utility hookups must comply with all federal, state, and local standards.

D. RVs, trailers, and tents may be occupied on a temporary basis not to exceed thirty days; provided, that:

1. Trailers and tents must be located in an approved campground in accordance with all terms and conditions of approval for the campground; and

2. RVs must be located in an approved RV park or campground with RV facilities in accordance with all terms and conditions of approval for the RV park or campground.

E. RVs, trailers, and tents may be occupied on a temporary basis not to exceed seven days by visitors to a single-family residence; provided, that:

1. The RV, trailer or tent is located in the driveway, or in the yard outside of required setbacks.

F. Recreation vehicles may be parked in residential areas provided the following conditions are met:

1. Recreation vehicles shall not intrude into the public right-of-way or obstruct sight visibility from adjacent driveways.

2. Recreational vehicles shall not be parked in the front building setback unless there is not reasonable access to the building side or rear yards because of topography or other physical conditions on the site. When permitted not more than one recreational or utility vehicle shall be parked in the front setback.

3. No more than three recreational vehicles may be stored outside on any one lot or parcel.

4. Recreation vehicles shall be maintained in a clean, well-kept state which does not detract from the appearance of the surrounding area.

5. Recreation vehicles equipped with liquefied petroleum gas containers shall meet the standards of the Interstate Commerce Commission. Valves or gas containers shall be closed when the vehicle is stored. (Ord. 3889 § 3 (Exh. A), 2017)

17.22.270 Special needs facilities.

A. Halfway houses, group training homes, adult family homes, assisted living facilities, residential treatment facilities, nursing homes, transitional housing, emergency shelters, and urban rest stops are subject to the following standards:

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

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

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

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

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

6. Comply with all business licensing requirements.

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

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

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

10. The following additional criteria shall govern the review and approval of a conditional use permit for transitional housing, emergency shelters and urban rest stops:

a. Site Plan. A detailed site plan shall be submitted with the application. The city may increase the development standards of the Kelso Municipal Code as necessary to ensure compatibility of the use with surrounding uses. The city shall take into consideration the neighborhood character and any adopted neighborhood plans.

b. Compliance with Building Code. Facilities must comply with all applicable standards, including International Building Code (IBC) standards for the number of residents or clients served. Adequate kitchens, bathrooms, lighting, safety features, and site access for emergency vehicles are required.

c. Separation. Facilities must be at least one-half mile from the same uses.

d. Drugs and Alcohol. Use of alcohol and controlled substances, except by prescription, is strictly prohibited at the premises.

e. Operations. Applicant must provide staffing and operating procedures adequate to the type of facility and adequate to address the secondary impacts of the facility. (Ord. 3889 § 3 (Exh. A), 2017)

17.22.280 Temporary homeless encampments.

A. Religious organizations may be permitted to host encampments for the homeless on a temporary basis in accordance with the provisions of RCW 36.01.290; provided, that:

1. The city may impose conditions of approval necessary to protect the public health and safety;

2. Prospective applicants shall submit for city review and approval, plans that at a minimum address:

a. The maximum number of occupants to be allowed in the encampment;

b. Provisions for toilets, running water, and garbage collection that meet local health standards;

c. Provisions for cooking facilities including food storage and dish washing;

d. Provisions for tents or similar sleeping shelters; and

e. Plans for the location of first aid equipment, fire extinguishers, designated smoking areas (if any), maintenance of necessary access, plans for keeping the site free of litter or garbage, and plans for prohibiting open flames.

3. Encampments shall be open for inspection by the city at all times, without prior notice, to determine compliance with the conditions of approval. This shall include but is not limited to the health department, fire department, police department, and the department of community development. (Ord. 3889 § 3 (Exh. A), 2017)

17.22.290 Public facilities.

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

1. All facilities should be surrounded by sight-obscuring plantings;

2. An unhoused installation of a dangerous nature, such as an electrical distribution substation, shall be enclosed by a cyclone security fence at least six feet in height. (Ord. 3889 § 3 (Exh. A), 2017)

17.22.300 Performance standards.

The following performance standards apply to the principal and accessory uses, buildings and structures in addition to those that are specified for the particular use or district in which they are located:

A. Exterior Mechanical Equipment. Air conditioners, heating, cooling, ventilating, equipment, pumps, heaters and other similar mechanical equipment shall be visually screened from surrounding properties and streets and shall be so operated to not disturb the peace, quiet, and comfort of the neighboring land uses. Solar energy systems need not be screened.

B. All nonresidential uses shall conform to the performance standards of this section. Any use, activity, or operation shall not violate existing state and federal environmental standards. It shall be the responsibility of the operator and/or the proprietor of any allowed use to provide such reasonable evidence and technical data as the city may require to demonstrate that the use or activity is or will be in compliance with the environmental performance standards. Failure of the city to require such information shall not be construed as relieving the operator and/or proprietor from compliance with the environmental performance standards of this code.

1. Noise.

a. No use in this district shall exceed the maximum environmental noise level, established by Chapter 173-60 WAC.

b. Noise levels of any sound source, when measured in the manner and locations prescribed in Chapter 173-60 WAC, shall not exceed the levels shown in the following table:

EDNA of Noise Source	EDNA of Receiving Property
EDNA of Noise Source	Class A	Class B	Class C
Class A—Residential	55 dBA	57 dBA	60 dBA
Class B—Commercial	57 dBA	60 dBA	65 dBA
Class C—Industrial	60 dBA	65 dBA	70 dBA

c. Between the hours of 10:00 p.m. and 7:00 a.m., the noise limitations of the foregoing table shall be reduced by ten dBA for receiving property within Class A EDNAs.

d. At any hour of the day or night, the applicable noise limitations in subsections B1a and b of this section may be exceeded for any receiving property by no more than:

i. Five dBA for a total of fifteen minutes in any one-hour period; or

ii. Ten dBA for a total of five minutes in any one-hour period; or

iii. Fifteen dBA for a total of one and one-half minutes in any one-hour period.

2. Light and Glare. Exterior lighting for all uses and signs shall be directed downward and otherwise arranged, shaded, screened, shielded, and of a design that results in the light being directed onto the site and of an intensity or brightness that does not reflect or cause glare onto any adjacent or nearby use or interfere with the safe operation of motor vehicles.

3. Ground Vibrations. No ground vibration other than that caused by highway vehicles or construction activity shall be permitted which is discernible, without instruments, at or beyond the property line for the use concerned.

4. Waste Storage and Disposal, Including Hazardous Waste. The storage or disposal of industrial waste shall be in compliance with the regulations and requirements of the Cowlitz County health district, the State Department of Ecology, Chapter 70.105 RCW as amended, and this code.

5. Air Quality Emissions. No use in this district shall produce emissions of smoke, dust and/or odors beyond the property boundary that may unreasonably interfere with any other property owner’s use and enjoyment of his/her property. In addition, all sources and emissions units are required to meet the emission and the ambient air quality standards specified in Chapter 173-400 WAC, and administered by the Southwest Washington Air Pollution Control Authority (SWAPCA), and shall apply to all air contaminants listed therein.

6. Ground and Soil Contamination. Materials used or produced in any manufacturing process shall be handled in such a manner as to prevent ground or soil pollution which destroys or endangers the support of natural vegetation or which may contaminate underground aquifers or other natural drainage systems.

7. Electrical Interference. Provisions must be made for necessary shielding or other preventive measures against interference caused by mechanical, electrical, or nuclear equipment uses or processes with electrical apparatus in nearby buildings or use areas.

8. Fire and Explosive Hazards. The manufacture, use, processing or storage of flammable liquids or materials, liquids or gases that produce flammable or explosive vapors or gases shall be permitted in accordance with the regulations of the adopted International Fire Code and the International Building Code. A hazardous materials impact analysis, conforming to the requirements of the Cowlitz 2 Fire District, shall be required to determine potential off-site impacts and mitigation precautions. (Ord. 3889 § 3 (Exh. A), 2017)