Chapter 17.03
SUPPLEMENTARY STANDARDS
Sections:
17.03.010 Access, alleys, off-street parking, and loading.
17.03.020 Landscaping, screening and property maintenance.
17.03.030 Exceptions/projections.
17.03.060 Utility installation.
17.03.070 Clearing, grading, and storm water management.
17.03.080 Concurrency management.
17.03.090 Accessory buildings, structures, dwelling units, and uses.
17.03.110 Recreational vehicle parks.
17.03.120 Nonconforming uses and structures.
17.03.130 Adult entertainment uses.
17.03.140 Marijuana related uses.
17.03.150 Electric vehicle charging stations.
17.03.010 Access, alleys, off-street parking, and loading.
A. Purpose. The provision of alleys, off-street parking and loading space in accordance with the needs and requirements of particular property uses is necessary to promote traffic safety and minimize congestion, while maintaining neighborhood or district character.
B. General Provisions. Where the parking requirements for a use are not specifically defined in this chapter, the parking requirements for such use shall be determined by the city, and such determination shall be based upon the requirements for the most comparable use defined in this chapter and/or the appropriate standards derived from the Institute of Transportation Engineers (ITE) Parking Generation Manual, as adopted by the city.
C. Parking Spaces Required. New uses or development activities in all districts shall meet the minimum standards below.
1. Whenever a building is enlarged or altered, or whenever the use of a building or property is changed, off-street parking shall be provided for such expansions, enlargement, or change in use in accordance with the requirements of this title.
2. Off-street parking shall be provided in accordance with the following:
a. All parking spaces shall be provided with adequate ingress and egress.
b. Each off-street parking space shall be a minimum of 18 feet in length and eight feet in width for a standard space.
c. Except for one dwelling and two dwelling units, groups of more than two parking spaces shall be located and served by a driveway that will require no backing movements or other maneuvering within a street or right-of-way other than an alley.
d. Required parking shall not be located in a required front or required side yard along flanking streets on corner lots.
3. Where parking is provided off site, the distance shall be measured from the closest point of the parking area or lot to the closest point of the nearest building that such parking area or lot is required to serve. Off-street parking facilities shall be located in accordance with the following:
a. For single-family, manufactured housing units, duplexes, or motels: on the same lot as the use it serves.
b. For multiple-family dwellings or boardinghouse: within 200 feet of the building it serves.
c. For hospital, convalescent facility: within 300 feet of the building it serves.
d. For uses other than those specified above: within 500 feet of the building it serves.
e. Other alternatives will be considered if transportation to site will be provided.
D. Size and Location of Parking Spaces.
|
Land Use |
Parking Requirement |
|---|---|
|
Residential |
One space per dwelling unit |
|
Senior housing developments |
One space per unit |
|
Motel, tourist home or boardinghouse |
One space per sleeping unit, guest room or suite |
|
Hospital, nursing home or institution |
One space for every four beds |
|
Theater |
One space for each four seats, except one space for each six seats in excess of 800 seats |
|
Church, auditorium, or similar place of assembly |
One space for each four seats or eight feet of bench length. Seventy-five square feet of gross floor space if chairs are removable |
|
Medical or dental clinic |
One space for each 250 square feet |
|
Bank, business or professional office with on-site customer service |
One space for each 300 square feet |
|
Warehouse, storage |
One space per 1,000 square feet |
|
Food and beverage place with sales and consumption on premises |
One space for each four seats plus one for each two employees |
|
Fast food/drive-through businesses |
One space for each 250 square feet |
|
Grocery store and retail |
One space for each 200 square feet |
|
Retail: selling bulky items such as furniture, appliance, automobiles |
One space for each 500 square feet of gross floor area |
|
Manufacturing uses and all industries |
One space for each two employees based on the maximum employment in any one shift, with a minimum of two spaces |
|
Recreational vehicle parks |
One space for each recreational vehicle space plus one guest space for each three recreational vehicle spaces |
E. Shared Parking.
1. The city may, upon application for a conditional use by owner or lessee of any property, authorize the joint use of parking facilities by the following uses or activities under the conditions specified in this section:
a. Up to 50 percent of the parking facilities required by this chapter for a use considered to be primarily a nighttime use or vice versa; provided, that such reciprocal parking area shall be subject to the conditions set forth in this section.
b. Up to 100 percent of the parking facilities required by this chapter for a church or auditorium incidental to a public or parochial school may be supplied by parking facilities for a use considered to be primarily a daytime use, provided such reciprocal parking area shall be subject to the conditions set forth in this section.
c. For the purposes of this section, the following uses are typical daytime uses: business offices, retail, manufacturing or wholesale buildings. The following uses are considered typical or nighttime and/or Sunday uses: residential, auditoriums incidental to public or parochial schools, churches, dance halls, theaters, restaurants and taverns.
2. The conditions required for shared parking are as follows:
a. The building or use for which application is made for authority to utilize the existing off-street parking facilities provided by another building or use shall be located within 300 feet of such parking facilities.
b. The applicant shall show that there is not substantial conflict in the principal operating hours of the buildings or uses for which the shared use of the parking facilities is proposed.
c. Parties concerned in the shared use of off-street parking facilities shall evidence agreement for such use joint use by proper legal instrument approved by the city.
d. If a parking facility is farther than 300 feet, applicant must show transportation to attain approval from city administrator.
F. Development and Maintenance of Parking Facilities.
1. When five or more new parking spaces are required, the spaces shall be developed and maintained in the following manner:
a. Off-street parking areas shall be paved or surfaced with screened gravel, crushed rock or better, and shall be graded and drained to dispose of all surface water. In no case shall such drainage be allowed across a public sidewalk or street.
b. Off-street parking areas which adjoin a residential use on adjoining property shall be separated from such property by an approved sight-obscuring fence or landscaping, such as a hedge.
G. Loading Space Required.
1. In all districts, buildings or structures to be built which receive and distribute material and merchandise by truck shall provide and maintain one off-street loading berth for each 20,000 square feet of gross floor area or fraction thereof, which space shall be of sufficient length and width to accommodate the largest vehicle loading or unloading, but in no case less than 10 feet in width and 25 feet in length and 14 feet in height.
2. Access to the loading space shall be from alleys when possible.
3. No off-street loading area shall be located in a required front yard.
4. Each berth or berths shall be surfaced and maintained so as to eliminate dust and mud. (Ord. 2104 § 1 (Exh. A), 2022)
17.03.020 Landscaping, screening and property maintenance.
A. Purpose. The purpose of this section is to establish landscape, screening, and property maintenance standards to enhance the aesthetic appearance of commercial and industrial property throughout the city. In addition, the standards are established to protect the health and safety of the residents and users of the properties. A landscape plan and maintenance schedule are required as part of the review process.
B. Landscape Screening.
1. Screening shall provide a filtered, but not blocked, view and may be provided by existing vegetation, landscaped areas, including the use of hedges, berms, fencing or a combination thereof. The use of vegetation (trees and columnar shrubs) is encouraged.
2. Perimeter screening shall be provided as follows:
a. An all-season visual separation and windbreak shall be provided between commercial uses when adjacent to a residential use or district. Perimeter landscaping shall be provided along the side and rear property lines and shall shield the views of industrial or commercial land uses, including outdoor storage, service, parking and loading areas, from roads and adjacent uses. If, however, the rear of the site is adjacent to an agricultural use, no rear yard perimeter screening is required.
b. A 50-foot-wide minimum vegetative buffer strip shall be provided between an industrial use and a residential district. The vegetative buffer shall consist of trees that attain a minimum of seven feet in height. Additional screening may be required between dissimilar land uses.
c. If a parking lot is located adjacent to a street, a perimeter-screening minimum of 10 feet in width shall be provided between the street and the parking lot.
d. Trees and columnar shrubs shall be a minimum of four feet in height at the time of planting and should grow to a minimum of eight feet at maturity.
e. Screening requirements may be relaxed if warranted by the use of clustering or shared access, at the discretion of the city.
3. Interior screening shall be required for parking areas according to the following minimum requirements:
a. Landscaping shall be provided at a minimum of 10 percent of the parking area.
b. One tree for every 10/20 (single/double) row parking spaces shall be provided, for summer shade.
c. Minimum tree size at planting shall be two-inch caliper.
d. Screening shall include shrubs suitable to be maintained at a height of three feet.
e. Avoid obstructing views of crosswalks, intersections, and streetlights.
C. Landscape Materials and Design Requirements.
1. The use of plant materials to achieve a variety of heights, shapes and/or textures upon maturity is encouraged.
2. A combination of evergreen and deciduous trees, shrubs and groundcover shall be used.
3. The use of drought-tolerant plant materials is encouraged.
4. The retention of existing trees is encouraged.
5. Fencing materials shall be attractive, durable, and complement or blend with the natural colors of the surrounding environment.
D. Maintenance.
1. Provisions shall be made for the ongoing maintenance, including irrigation as necessary, of required landscape areas.
2. Trees and shrubs in required landscaped areas, which die, shall be replaced by the property owner. Landscaping shall be placed according to city standards, including annual planting installation time frames. Landscaping shall be installed as required in any mutually agreed-upon development agreements if applicable to the development.
3. All yards shall be maintained such that there will be no accumulation of silt, mud or standing water causing unsightly or hazardous conditions either within the yard or on adjacent properties.
4. All yards and buildings shall be maintained in a neat, tidy manner, including trimming and upkeep of all landscaped areas, and the removal of debris and unsightly objects.
5. All undeveloped land areas shall be maintained in permanent vegetative cover or, alternatively, be landscaped with an approved combination of materials to control runoff.
6. All yards shall be maintained free of noxious weeds consistent with the regulations of the Pend Oreille County weed board. (Ord. 2104 § 1 (Exh. A), 2022)
17.03.030 Exceptions/projections.
A. Eaves, cornices, awnings and permitted signs may project not more than two feet into a required yard.
B. Steps, terraces, platforms and porches having no roof coverings; provided, that they do not exceed 242 inches in height above the finished grade, may occupy the front or side yard.
C. Smokestacks, chimneys, and flagpoles may exceed the height limit for the district in which they are located.
D. Porches, decks, and building appendages in all residential zones must be set back at least 10 feet from the front property line. (Ord. 2104 § 1 (Exh. A), 2022)
17.03.040 Fences.
A. No fencing or other sight obstruction which constitutes a hazard to the traveling public within the area designated as the “clear view area” shall be allowed on a corner lot. The clear view area is determined by measuring 10 feet from the point of two intersecting streets along the property lines and then connecting the two end points with a straight line forming the hypotenuse of the clear view area. Branches on trees within the area shall be removed at the trunk up to a minimum level of seven feet above finished ground level. Shrubs shall be maintained no higher than three feet above finished ground level within the area.
B. Within one year after development of the first business in an area zoned for industrial uses, a fence or wall shall be installed along the side of any part of the property adjoining an R, C-1, PF or C-2 zone. The fence shall not exceed six feet in height.
C. Hedges and fences shall not exceed six feet in height; provided, that fences shall not exceed four feet in front yard setbacks.
D. No electrical or barbed wire fences are permitted, except security fences approved by the city.
E. The height of fences shall be measured from existing grades. (Ord. 2104 § 1 (Exh. A), 2022)
17.03.050 Signs.
A. Purpose. The purpose of this section is to promote and protect the public health, welfare, and safety by regulating existing and proposed outdoor signs of all types. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community, help preserve the historic buildings and areas, preserve the scenic and natural beauty of designated areas, and provide a more enjoyable and pleasing community. It is further intended to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public right-of-way, provide more open space, and curb the deterioration of natural beauty and community environment.
B. General.
1. The following sign standards by zone district are intended to include every zone in the city. Only signs as described herein and as may be described under “temporary signs” and “exceptions” will be permitted in each particular zone.
2. These regulations shall apply in all zoning districts and may be subject to additional requirements of certain districts, or to state regulations. In cases of conflict, the most stringent requirement shall prevail.
3. In addition to the provisions of this chapter, signs must comply with the applicable provisions of state and federal laws, this may include but is not limited to:
a. Signs in or visible from the right-of-way for State Route 20/U.S. Highway 2 must comply with the regulations of the Washington State Department of Transportation and the U.S. Scenic Byways, as appropriate; and
b. Signs advertising liquor and marijuana must comply with the requirements of the Washington State Liquor and Cannabis Board.
C. Signs in Residential Zones.
1. General. The term “residential” shall apply to all zones designated as R-1, R-2, and R-3.
2. Size. One sign not exceeding two square feet in area shall be permitted per dwelling unit. For multiple dwellings, one or more additional signs totaling 12 square feet shall be permitted.
3. Location. Permitted signs may be anywhere on the parcel, except as noted below:
a. Signs may not be erected in areas restricted as noted elsewhere in this title.
b. Signs may not project beyond any property lines.
4. Ground Signs. Ground-mounted signs shall not exceed five feet in height, and not to exceed 15 square feet.
5. Wall Signs. Signs mounted on the building shall be flush with the wall surface and shall not project above the eave or roofline.
6. Illumination. Illumination, if used, shall be what is known as white and not colored light and shall not be blinking, fluctuating or moving. Light rays shall shine only upon the sign or upon the property on which the sign is located and shall not spill over the property lines in any direction except by indirect reflection.
D. Signs in Commercial Zones, Industrial and Public Facility Zones.
1. Signs in the C-1 and C-2 zones shall comply with the following standards:
a. Wall Signs. The total area for all wall signs shall not exceed 75 square feet. In the case of projecting signs, sign area shall be calculated for one side of the sign. Signs flush against the building face may be located anywhere on the surface of the building. Signs projected from the building face may project no more than six feet from the face of the building, have a maximum height of five feet and must have a minimum clearance of eight feet above a public sidewalk and 15 feet above public driveways or alleys.
b. Pole Signs. Pole or ground-mounted signs are permitted when the building does not cover the full width of the parcel upon which it is located. The total area for a pole sign shall not exceed 60 square feet. Such a sign may extend up to 20 feet above the ground level to the top of the sign, except as may be required by this title.
c. Marquee Signs. Marquee signs may be on the vertical faces of marquees and may project below the lower edge of the marquee not more than 12 inches. The bottom of the marquee signs shall be no less than eight feet above the sidewalk or grade at any point.
d. Sidewalk Signs. Sidewalk signs no larger than 12 square feet per side, containing no moving parts and no lights, may be allowed during business hours. Sidewalk signs must be placed immediately in front of their place of business so as not to be a hazard to either pedestrians or vehicles.
e. Identity Signs. One ground-mounted identity sign is permitted not exceeding six feet in height with a maximum sign area of 60 square feet.
f. Miscellaneous Signs. All other signs on the property indicating services, products, prices, trade information, or other information shall not exceed, in total, 80 square feet in area.
g. Special advertising devices such as inflatables, floating signs and searchlights, shall require a temporary permit.
E. Nonconforming Uses and Nonconforming Signs.
1. Any building or land use not conforming to the provisions for the zone in which it is located shall, nevertheless, comply with all the provisions of this sign code for the conforming zone.
2. Signs existing and not conforming to the provisions of this chapter, but which were constructed in compliance with previous regulations, shall be regarded as nonconforming signs. Such signs may be maintained in their present condition unless hazardous but may not be altered to size or relocated unless in conformity with the sign code.
F. Exemptions. The following types of signs are exempted from all the provisions of this chapter, except for construction and safety regulations and the following requirements:
1. Public Signs. Signs of a noncommercial nature and in the public interest erected by or on the order of a public officer in the performance of his public duty, such as safety signs, danger signs, trespassing signs, traffic signs, memorial plaques, signs of historical interest, and the like.
2. Institutional. Signs setting forth the name or any simple announcement for any public, charitable, educational, or religious institution located entirely within the premises of that institution up to an area of 24 square feet. Such signs may be illuminated in accordance with the regulations contained hereinafter. If building-mounted, these signs shall be flat wall signs and shall not project above the roofline. If ground-mounted, the top shall be no more than six feet above ground level.
3. Integral. Names of buildings, dates of erection, monumental citations, commemorative tablets, and the like when carved into stone, concrete, or similar material or made of bronze, aluminum, or other permanent type construction and made an integral part of the structure.
4. Private Traffic Direction. Signs directing traffic movement onto premises or within premises not exceeding three square feet in area for each sign. Illumination of these signs shall be permitted in accordance with subsection (C)(6) of this section on illumination. Horizontal directional signs on and flush with paved areas are exempt from these standards.
5. Small Signs. Signs not exceeding two square feet in area attached flat against the building, stationary, and not illuminated announcing only the name and occupation of building tenant.
6. Rental. Signs on the premises announcing rooms for rent, room and board, apartment or house for rent and not exceeding four square feet in area.
7. Vehicles. Signs on vehicles of any kind, provided the sign is painted or attached directly to the body of the original vehicle and does not project or extend beyond the original manufactured body proper of the vehicle.
G. Prohibited Signs. Prohibited are signs which:
1. Contain or are an imitation of an official traffic sign or signal or contain the words “stop,” “go slow,” “caution,” “danger,” “warning,” or similar words.
2. Are of a size, location, movement, content, coloring, or manner of illumination which may be confused with or construed as a traffic control device or which hide from view any traffic or street sign or signal.
3. May swing or otherwise noticeably move as a result of wind pressure because of the manner of their suspension or attachment.
4. Are erected in such a position as to completely blanket another sign already in place on either side. A sign is said to be blanketing when it hides other signs or a substantial portion thereof at a distance of 25 feet.
5. Off-premises signs, including billboards, except directional signs and signs of public interest. (Ord. 2104 § 1 (Exh. A), 2022)
17.03.060 Utility installation.
A. Purpose. The purpose of this section is to provide standards for the installation and maintenance of needed utility facilities in order to provide a safe and efficient municipal service system while ensuring compatibility with surrounding uses.
B. Standards.
1. Whenever the lot on which the utility use is located is in or adjoins a residential zone, it shall be suitably landscaped so as to screen it from view from properties in the vicinity. Such landscaping shall be continually maintained by the utility provider.
2. Safety fencing shall be erected and maintained around utility installations and structures in which there is any safety hazard whatsoever for children. All structures shall be located such that the safety fence does not encroach on any yard requirements in the district in which the use is located.
3. Lighting shall be directed away from adjacent properties, streets, and sidewalks to eliminate glare to surrounding properties, pedestrians, and drivers.
4. No objectionable odor is permitted. (Ord. 2104 § 1 (Exh. A), 2022)
17.03.070 Clearing, grading, and storm water management.
A. Purpose. The purpose of this section is to provide standards to govern clearing and grading activities in order to protect private property, water quality, environmentally sensitive areas, and shorelines.
B. Applicability. All development activities must comply with the provisions of this chapter unless specifically exempted.
1. It is the responsibility of the applicant to demonstrate compliance with the provisions of this chapter.
2. The following clearing and grading activities are exempt from this section:
a. Any landfill or excavation of 100 cubic yards or less throughout the total lifetime of the fill or excavation.
b. Routine yard maintenance activities.
C. Storm Water Management Standards. The city hereby adopts the most recent version of the Storm Water Manual for Eastern Washington prepared by the Washington State Department of Ecology, except as follows:
1. Exemptions. None.
D. Clearing and Grading Standards. The following clearing and grading standards shall apply to development activities in all zones and shall be processed as a Type 1 permit:
1. All clearing and grading activities shall be conducted so as to minimize potential adverse effects on off-site property, surface water quality, critical areas, and shorelines.
2. Storm water runoff from new developments shall not adversely affect off-site property, surface water quality and quantity, and/or critical areas. Provisions shall be made to control the release of surface water runoff from the development both during and following construction.
3. Clearing and grading, including drainage and erosion control measures, shall conform to the requirements of the Washington State Department of Ecology Storm Water Management Manual for Eastern Washington as adopted by the city of Newport, or alternative measures that meet or exceed these standards as determined by the city.
4. All development shall ensure that soil erosion and sedimentation of drainage ways will be controlled to prevent damage to adjoining property and downstream drainage channels and receiving waters.
5. Surface drainage shall not be directed to or discharged onto city roads or ditches within city rights-of-way unless approved by the city.
6. Drainage controls may be required to regulate velocities of runoff water and to control pollutants, erosion, and sedimentation if the city determines that it is probable that damage could occur downstream to property or water quality of receiving water bodies. Such controls may include landscaping or reestablishing native vegetation, ponds, catch basins, biofilters, and other control structures or systems.
7. If required by the city, a drainage analysis shall be prepared. A drainage report, prepared under the direction of and stamped by a professional engineer, shall be submitted by the applicant for review as part of the permit application. The drainage report shall clearly define the measures proposed to control storm water runoff so as to avoid off-site, downstream impacts to adjacent property and receiving water bodies. The city shall have the authority to approve or reject the adequacy of drainage reports and storm water control measures, which decision is final and not subject to administrative appeal.
8. The city may condition any approval of a development permit so as to require clearing, grading and drainage controls to meet the requirements of this section. (Ord. 2104 § 1 (Exh. A), 2022)
17.03.080 Concurrency management.
A. Purpose. The purpose of this chapter is to ensure that adequate public facilities are available when the impacts of development occur. This means that facilities will have the capacity to serve development without decreasing levels of service below locally established minimums, and that the facilities or services are in place or that a financial commitment is in place to provide the facilities or services within a specified time.
B. Applicability. All proposed projects or development activities must be reviewed for transportation and utility concurrency; provided, that the city may establish an expedited concurrency review process for activities that do not meet SEPA thresholds. Development is prohibited if the level of service for transportation facilities cannot be met.
C. Transportation Concurrency Review Procedures. The city shall utilize the following procedures for evaluating all projects or development activities for concurrency, unless the applicant otherwise noted in writing:
1. Certificate of Concurrency.
a. The city shall complete a transportation concurrency evaluation at the time a development permit is applied for or during the course of permit review. The review shall conclude with a determination that the proposed project meets the level of service standards whereby a written determination of concurrency shall be issued and attached or incorporated to the development permit approval. When a project is determined to have not passed level of service standards the certificate of concurrency shall be conditioned in a manner that satisfies the requirements of this chapter, or the project shall not be approved.
b. The applicant shall provide the city with all information necessary to complete the concurrency evaluation on the proposed development. It shall be the responsibility of the applicant to provide studies, surveys, traffic counts, engineering review or any other items determined to be necessary for an accurate concurrency evaluation.
c. A certificate of concurrency shall be accorded the same terms and conditions as those for the underlying development permit. If a development permit timeline is extended the certificate shall also be extended for the same time duration. A certificate of concurrency shall be valid only for the development permit approved for the same parcel and may be transferable to any new owner(s) of the parcel to which it was issued.
d. A certificate of concurrency shall apply only to the specific land uses, densities, intensities and project described in the application and project permit. A concurrency certificate is valid for any modification of the permits for which the certificate was issued so long as such modification does not require the applicant to obtain a new project permit.
2. Traffic Impact Calculations.
a. Trip Generation. Traffic calculations shall be based on the trip generation average described within the latest available edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual for the particular type and extent of the development being proposed.
b. Concurrency Test. The projected number of trips generated by a proposed development shall be subtracted from existing or new transportation capacity of the impacted transportation facility. If projected demand is less than available capacity the project is not adverse to level of service standards and shall be issued a certificate of concurrency.
D. Transportation Concurrency Mitigation Methods. The city shall use the following procedures and criteria to review and approve the adequacy of mitigation methods unless the applicant is otherwise noted in writing:
1. If mitigation is determined necessary to maintain level of service standards for an impacted transportation facility the applicant may choose among the following actions subject to city review and approval:
a. Reduce the size of the project until levels of service standards are met;
b. Enter into a legally binding development agreement with the city whereby all required improvements will be constructed and completed within six years of the development approval date which also ensures that the financing will be available to pay for the improvements;
c. Be subject to a development approval conditioned that the required improvements be completed prior to the issuance of building permits, final plat or site plan approvals associated with the development;
d. Propose transportation demand management strategies to reduce vehicle trips generated by the project development;
e. Await the city’s completion of mitigating improvements if such improvements are underway or planned as part of the city six-year transportation improvement plan;
f. Any combination of the above.
2. Acceptable impact mitigation requires a finding of the following:
a. The mitigation contributes to transportation facility performance and established level of service standards;
b. The mitigation is consistent with the city’s comprehensive plan;
c. Any improvements to an intersection or roadway do not shift traffic to residential areas or to other intersections where there is no mitigation being proposed;
d. Any adverse environmental impacts of the facility improvements may be reasonably minimized or eliminated; and
e. The improvements are consistent with the city’s construction standards.
E. Public Facilities and Utilities Concurrency. All applicants shall submit, subject to city review and approval, documentation that adequate provisions have been made to ensure that public facilities and utilities are in place or can reasonably be provided to serve the proposed development. This shall include but is not limited to: fire and emergency medical services, law enforcement, electrical service, sewer services, water services, and public health facilities. (Ord. 2104 § 1 (Exh. A), 2022)
17.03.090 Accessory buildings, structures, dwelling units, and uses.
A. Accessory structures or buildings shall not occupy any parcel or lot independent of the primary building and shall comply with the following provisions:
1. Accessory buildings may include the following or similar structures and shall only not be used as a livable space, in accordance with the provisions of this title, as determined by the city:
a. Detached and attached accessory dwelling units;
b. Garages;
c. Shops;
d. Buildings utilized by an approved home business;
e. Storage sheds;
f. Greenhouses and potting rooms;
g. Children’s playhouse; and
h. Storage container(s).
2. The following shall not be converted to, or used as, a storage building, accessory building, or accessory dwelling unit, unless specifically authorized in this title:
a. Trailer;
b. Bus;
c. RV;
d. Vehicle;
e. Camper;
f. Mobile home;
g. Tent; or
h. Park model or tiny house.
3. The rental of buildings or rooms for periods of 30 days or less require a temporary use permit and/or related permits from the city.
4. Accessory buildings, dwelling units, or structures shall only be permitted on parcels with a legally established primary residence, primary building, and/or primary use.
5. All accessory buildings and structures shall comply with the applicable provisions of this title, including setback, lot coverage, building height, and storm water management, as well as the provisions of the International Codes, as adopted and administered by the city, unless otherwise specifically authorized in this title.
a. Accessory buildings or structures established before June 21, 2022, that do not conform with the size, height, lot coverage, or setback requirements of this chapter may continue to be used, provided that the degree of nonconformity is not increased in the future. Any buildings or structures established before June 21, 2022, shall come into conformance with the provisions of this code.
6. Accessory dwelling units shall conform to building or structure setbacks and no accessory building or structure shall occupy the front yard setback.
7. An accessory building or structure may be located in the rear yard setback up to five feet from the property line.
8. The minimum distance to buildings on an adjacent lot shall be at least 10 feet in accordance with the provisions of the International Codes as adopted and administered by the city.
9. The maximum height of an accessory building or structure shall not exceed 20 feet at the eave line.
10. Windows on accessory buildings shall be oriented to protect the privacy of adjacent property owners. This may include the placement of windows above or out of view into adjacent yards or windows, or by using obscure glass.
B. Accessory Dwelling Units. In addition to the preceding criteria applicable to all accessory buildings, the following criteria shall also apply to accessory dwelling units:
1. Not more than one accessory dwelling unit may be permitted on a parcel.
2. An accessory dwelling unit may be detached from the primary structure, an addition to a primary structure, within a primary structure, or above an approved attached or detached accessory building such as a garage or shop; provided, that an accessory dwelling unit that is attached to or within the primary building must have a separate entrance and exit and must be a self-contained residential unit.
3. Existing nonconforming accessory buildings may be converted to accessory dwelling units and shall comply with the provisions of this chapter.
4. Accessory dwelling units shall comply with the provisions of the International Codes, as adopted and administered by the city.
5. All accessory dwelling units must have a separate water and sewer service in accordance with city standards.
6. One additional, off-street parking space is required if it is for residential use. (Ord. 2104 § 1 (Exh. A), 2022)
17.03.100 Home businesses.
A. Purpose. The provision for home businesses is to allow for gainful employment within the home while maintaining the residential character of the dwelling and surrounding neighborhood.
B. Standards.
1. Home businesses may be conducted in any zoning district; provided, that the home business complies with the following standards:
a. The home business shall be conducted entirely within the residence;
b. No more than an area equal to, but not exceeding, 25 percent of the main structure’s footprint or 500 square feet, whichever is less, shall be devoted to the business;
c. No alteration to the appearance of the dwelling unit shall be made which is nonresidential in nature;
d. No more than two people in the home shall be employed in the business;
e. The home business shall not generate vehicular traffic, which will interfere with residential traffic circulation;
f. There shall be no commercial advertising, except one nonluminous sign bearing the name and occupation of the resident not exceeding six square feet in area and placed flat against the building may be permitted;
g. There shall be no window display nor shall sample commodities be displayed outside the buildings;
h. The home business shall not create or cause hazards or nuisances due to noise, dust, vibration, odors, smoke, glare, electrical interference, radio or television reception or other adverse impacts;
i. The home business shall not involve the use or storage of explosive, toxic, combustible or flammable materials in a quantity that exceeds the amounts incidental to normal residential use;
j. Materials or commodities delivered to or from the residence which are of such bulk or quantity as to require delivery by a commercial motor vehicle or a trailer, or the parking of customer’s automobiles in a manner or frequency causing disturbance or inconvenience to nearby residents or so as to necessitate a public parking lot shall be prima facie evidence that the occupation is a primary business and not a home business.
2. The number of home businesses at any one address is not limited, except that the cumulative impact of all such businesses shall not exceed the standards in this section. (Ord. 2104 § 1 (Exh. A), 2022)
17.03.110 Recreational vehicle parks.
A. Purpose. Recreational vehicle parks provide commercial transient housing to allow people to enjoy the outdoors. The purpose of this section is to provide standards for recreational vehicle parks, including campgrounds, to ensure that such operations are compatible with the surrounding uses.
B. Development Standards.
1. The minimum size of a recreational vehicle park shall be one acre.
2. The maximum gross density shall be one recreational vehicle space per each 2,000 square feet of land area.
3. No less than 10 percent of the total site area shall be provided as defined recreational space. The recreational space shall be easily accessible and shall be improved and maintained in such a manner so as to provide adequate recreational facilities for the users of the recreational vehicle park. The city may waive this requirement if it determines that recreational facilities located adjacent or in close proximity to the site will be sufficient to satisfy the recreational needs of users of the park.
4. Each recreational vehicle space shall have a minimum width of 20 feet.
5. There shall be a minimum side-to-side dimension of eight feet between units and a minimum end-to-end dimension of 10 feet between units.
6. Vehicles spaces shall be sited so that the following minimum setbacks shall be maintained:
a. Twenty-five feet from a public right-of-way;
b. Five feet from an interior private street; and
c. Fifteen feet from adjacent properties.
7. Five-foot-wide pedestrian walkways shall be provided from the recreational vehicle spaces to all service buildings and facilities and refuse collection areas. The walkways shall be hard surfaced, well drained, and well lighted.
8. All interior streets shall comply with adopted city standards for streets of that class. Paving on park streets shall comply with city street design standards. All interior streets shall be well drained, well lighted, and continuously maintained in operable condition.
9. No recreational vehicle shall remain in place in a recreational vehicle park for more than 120 days in any one-year period. The site host is exempt from these standards.
10. Solid waste shall be collected, stored, and disposed of regularly to prevent health hazards, rodent infestation, breeding insects, or accident or fire hazards. Individual or grouped refuse containers must be screened from view except on collection day.
11. All utilities shall be constructed and maintained in accordance with all applicable state and local codes and regulations. The following requirements for utilities shall apply:
a. A water supply system shall be provided for each space and shall be connected to the city of Newport’s water supply system and metered.
b. Each recreational vehicle park shall be provided with one or more easily accessible water supply outlets for filling recreational vehicle water storage tanks.
c. An adequate and safe sewage disposal system for emptying sewage holding tanks/containers shall be provided to accommodate each space and shall be connected to the city’s sewer system.
12. Restroom facilities shall be provided for each gender, shall be properly identified and each shall contain showers and toilets connected to the city’s sewer utility, the minimum number of which shall be one commode and one shower for each 20 recreational vehicle sites and shall be installed in accordance with IBC and local regulations.
13. Refuse containers for solid waste shall be sized and provided in sufficient quantity to adequately handle one week of generated refuse. Park garbage shall be picked up at least once a week. Park personnel shall monitor garbage containers for cleanliness and maintain the park free of any uncontrolled garbage or refuse.
14. Each space shall be provided with an underground electrical system.
15. All recreational vehicle spaces shall be well marked and numbered.
16. In addition to the regulations above, all recreational vehicle parks shall comply with rules and regulations of the Washington State Department of Health and the N.E. Tri-County Health District.
C. Procedures for Review and Approval. A recreational vehicle park will require approval of a binding site plan in accordance with the provisions of this title. (Ord. 2104 § 1 (Exh. A), 2022)
17.03.120 Nonconforming uses and structures.
A. Purpose. The purpose of this section is to define the conditions under which a lawfully constructed building or the lawful use of any building or lot existing at the time of passage of the ordinance codified in this chapter may be continued, although such building or use does not conform to the provisions of this title.
B. Nonconforming Uses. If a nonconforming use is discontinued for a period of six months or more, future use of the land or building shall be in conformity with the uses permitted in the district in which the property is located.
C. Expansion of Nonconforming Uses of Land. Nonconforming uses of land shall not be enlarged or increased, nor extended to occupy a greater area of land that was occupied at the effective date of adoption of this chapter, unless such use is authorized under conditional use provisions of the applicable district and a conditional use permit has been issued.
D. Nonconforming Structures.
1. Nonconforming buildings and structures shall not be enlarged or altered in any way that increases the nonconformity without the issuance of a variance in accordance with the provisions of this title.
2. In the event that a nonconforming structure is destroyed by any means to an extent of more than 50 percent of its actual value at the time of its destruction as determined by a licensed appraiser paid by the owner, the use of the structure and the lot upon which it is located shall thereafter conform to all requirements of the use district within which it is located. However, property zoned residential which has been continuously used for residential purposes that is later rezoned commercial, may be rebuilt to its original size and used for residential purposes if destroyed by catastrophic event. Any building sought to be repaired or restored after being damaged by fire shall be restored and repaired within six months in order to be entitled to the provisions of this section. (Ord. 2104 § 1 (Exh. A), 2022)
17.03.130 Adult entertainment uses.
A. Purpose. The purpose of adult entertainment regulations is to establish a protection setback for adult entertainment uses to minimize impacts to schools, public parks, public libraries, state-licensed day care facilities, youth centers, churches and residential uses. It is also intended to disperse adult concessions, avoiding a concentration of these uses in any one area.
B. Adult Entertainment Permitted. Adult entertainment uses shall be permitted by a conditional use permit in the C-2 zone pursuant to the zoning standards listed for those zones and the additional standards included in this chapter, provided the following findings are met:
1. The proposed use is compatible with surrounding planned and existing uses.
2. The proposed use poses no threat to the public’s health, safety or general welfare.
3. The proposed use shall be sited, designed and operated in a manner consistent with the goals, policies and programs of the comprehensive plan.
C. Location Standards.
1. Any adult concession located in the city shall maintain a minimum distance of 600 feet from the following:
a. Property used for schools, both public and private.
b. All residential zones.
c. Property used for public parks and/or public libraries.
d. State-licensed day care facilities.
e. Youth or community centers.
f. Churches, cemeteries or other religious facilities.
g. Other adult entertainment uses.
h. Other facilities or land uses which provide, as a substantial portion of their activities, the provision of services to children and/or youth.
2. The 600-foot distance shall be measured by following a straight line, without regard to intervening structures or obstacles, from the nearest point of the property line upon which the proposed use is to be located, to the nearest point of the property from which the proposed land use is to be separated.
D. Development Standards. The development standards for adult concessions shall be the same as the applicable zoning regulations for the zoning district in which they are to be located except as follows:
1. No electronic reader boards shall be allowed. Illustrations depicting partially or totally nude males or females shall not be posted or painted on any exterior wall of a building, door or any apparatus attached to such a building.
2. Parking areas shall be adequately illuminated to discourage loitering.
3. Landscaping and building lighting shall be designed to enhance the site’s appearance.
4. Exterior building colors and materials shall be of natural or earth tones and be consistent with the character of the buildings within the same district.
E. Violations. Any person, co-partnership, association, firm or corporation violating any of the provisions of this chapter shall be guilty of a gross misdemeanor and upon conviction shall be punished by fine or imprisonment in accordance with the provisions of the Newport Municipal Code and ordinances. (Ord. 2104 § 1 (Exh. A), 2022)
17.03.140 Marijuana related uses.
A. The purpose of this section is to establish standards to govern the permitting of state-licensed facilities to produce, process, or sell marijuana as well as medical marijuana cooperatives in accordance with the provisions of the laws of Washington State, including but not limited to Chapter 69.50 RCW and Chapter 314-55 WAC, and all other applicable rules promulgated by the state of Washington.
1. The city may require such information as may be necessary to ensure full compliance with the provisions of state and local laws. Failure to provide required information may be the basis for the disapproval of the required city permits, licenses, and/or approvals.
2. In the event that a court with jurisdiction declares some or all of the state or local laws or regulations governing marijuana related uses invalid, then the city may, upon advice of the city attorney, suspend the acceptance of applications or the renewal of permits pending the resolution of the legal issue in question.
3. Any marijuana related use or activity operating without a valid state license is an illegal use and must be terminated.
4. Collective gardens are no longer permitted, and any collective garden established prior to July 1, 2016, must cease and desist.
5. Failure to comply with the provisions of this section or the laws of Washington State may result in the suspension or revocation of permits, as well as criminal and/or civil penalties.
B. Permitted Uses.
1. Any uses or activities found by the state of Washington, or a court with jurisdiction, to be unconstitutional or otherwise not permitted by state law, shall not be permitted by the city.
2. Facilities associated with the production, processing, or retail sales of marijuana, or medical marijuana cooperatives authorized and licensed by the state of Washington may be permitted by the city in accordance with the provisions of this section; provided, that:
a. The proposed facility must be licensed by the state of Washington, and must be in compliance, at all times, with the laws and rules of the state, including but not limited to Chapter 314-55 WAC;
b. The use or facility must be in full compliance with the ordinances and regulations of the city of Newport, at all times;
c. Licensees must maintain documentation demonstrating that all required federal, state, and local taxes, fees, fines, and penalties have been paid and that there are no past due obligations;
d. No activities associated with the production, processing, transport, or sales of marijuana may be permitted as a home business or accessory use;
e. The city may suspend or revoke a city permit based on a finding that the provisions of this section have not been met.
C. Location Standards. New marijuana production, processing, or retail sales facilities shall not be located within the noted distance for each of the following uses. The distance shall be measured as the shortest straight-line distance between the property line of the proposed licensed premises to the property line of the location of the following uses and facilities:
1. Elementary or secondary schools (1,000 feet), including:
a. Stratton Elementary School;
b. Sadie Halstead Middle School;
c. Newport High School;
d. Pend Oreille River School (alternative high school);
e. State-authorized charter schools; and
f. Private schools recognized by the Superintendent of Public Instruction.
2. City-owned playgrounds with a public outdoor recreation area for children, equipped with swings, slides, and other playground equipment (1,000 feet), including:
a. Little People’s Park;
b. Newport City Park; and
c. Newport Spray Park.
3. For the following uses (1,000 feet); provided, that the city may reduce the standard to not less than 100 feet based on a finding by the city that such a distance reduction will not negatively impact the city’s civil or criminal law enforcement interests, public safety, or public health.
a. Recreation centers or facilities;
b. Child care centers;
c. Public parks without playgrounds;
d. Public transit centers;
e. Public libraries including the Newport Branch Library;
f. Any arcade game where admission is not restricted to persons 21 years or older.
4. Social service providers that support at-risk teens, young adults, and families (100 feet), including:
a. Youth Emergency Services (YES);
b. Young Adult Program; and
c. The Family Crisis Network.
5. Any parcel zoned R-1, R-2, or R-3; provided, that this requirement does not apply to the rear property line if the parcel abuts an alley.
6. New marijuana facilities must be located at least 1,000 feet from existing marijuana facilities.
D. Development Standards. All marijuana facilities must comply with all provisions of this section and, in addition, must comply with the following development standards:
1. The development standards in Chapter 17.02 NMC applicable to the zoning district of the proposed marijuana facility.
2. The supplemental development standards contained in this chapter, including, but not limited to:
a. NMC 17.03.010, Access, alleys, off-street parking, and loading;
b. NMC 17.03.020, Landscaping, screening and property maintenance; and
c. NMC 17.03.040, Fences.
3. Two signs, neither larger than 1,600 square inches, permanently affixed to the building, and that otherwise comply with all provisions of the Revised Code of Washington and the Washington Administrative Code as adopted or subsequently amended by the state, and the International Building and related codes, as adopted or subsequently amended by the city, may be permitted; provided, that:
a. No billboards or off-site signs shall be permitted.
4. All production and processing shall be indoors and buildings where cannabis is grown and stored must be equipped with ventilation/air filtration systems so that no odors are detectable off premises.
5. All buildings and structures shall be permanent and must comply with all provisions of the International Building Codes as adopted by the city.
a. This shall include, but is not limited to, an inspection(s) by the city and the issuance of a certificate of occupancy by the city prior to use of the facility.
b. In addition, the city fire department and/or building official may periodically inspect approved facilities to ensure ongoing compliance.
6. No sales of marijuana shall occur outside, off site, or from drive-through windows.
7. No marijuana retailer shall be located within any other business and may be located in a building with other uses only if the marijuana business is separated by full walls and has a separate entrance.
8. Marijuana producers and processors must provide documentation that the Pend Oreille PUD has reviewed and approved a copy of their operating plan, site plans, building plans/layout, and calculations for electrical service based on the size category of their production or the proposed method of processing prepared by a licensed electrician.
a. The PUD may require the improvement or installation of electrical facilities sufficient to meet levels of production.
b. Increases in levels of production may require upgrades in the capacity of electrical facilities by the licensee.
c. All electrical wiring and facilities must comply with the provisions of state law and shall be inspected by the Washington State Department of Labor and Industries prior to commencing operations.
9. Only water- or alcohol-based extraction processes are allowed. Flammable, explosive, or chemical-based extraction processes, including the use of butane or CO2, are not permitted.
10. Licensees shall provide such documentation as may be required by the state and city to confirm that liquid and solid wastes generated during production and processing can be safely disposed of in accordance with applicable state and local laws and regulations, including but not limited to WAC 314-55-097.
E. Supplemental Application Requirements. In addition to the general requirements in this title, the following shall apply to applications for marijuana facilities submitted to the city:
1. The notice of application shall be mailed to the owners of all properties and businesses located within 1,000 feet of the boundary of the site; and
2. A site plan review shall be required for all lots proposed for use by marijuana producers, processors, retail sales facilities, and medical marijuana cooperatives. The requirements for a complete site plan application will be determined by the city and at a minimum shall include:
a. The location of all existing and proposed buildings on and adjacent to the site;
b. Building heights and setbacks;
c. Identification of all uses within 1,000 feet of the property boundary;
d. The location of environmentally sensitive areas on or adjacent to the site;
e. Existing and proposed access, parking, and unloading;
f. Existing and proposed fencing and landscaping; and
g. The size and location of any proposed signs.
F. Revisions to State Licenses. Marijuana licensees shall report any changes to their state licenses to the city. Increases in authorized production levels or changes in processing techniques may require additional improvements and/or changes to the conditions of city approval.
1. Failure to report changes or to comply with this provision may result in the revocation of city permits, licenses, and/or approvals.
2. Facilities that have had their state license or city permits, licenses, or approvals revoked shall cease operations immediately. (Ord. 2104 § 1 (Exh. A), 2022)
17.03.150 Electric vehicle charging stations.
A. The purpose of this chapter is to ensure the effective installation of electric vehicle charging stations.
B. Designation of Electric Vehicle Charging Stations. An electric vehicle charging station is a public or private parking space that is served by battery charging equipment with the purpose of transferring electric energy to a battery or other energy storage device in an electric vehicle and is classified based on the following levels:
1. Level 1 is considered slow charging.
2. Level 2 is considered medium charging.
3. Level 3 is considered fast charging. Level 3 stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.
4. A battery exchange station is considered a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process.
C. Standards for Electric Vehicle Charging Stations. Electric vehicle charging stations utilizing parking stalls located in a parking lot or parking garage or in on-street parking spaces shall comply with the following standards. Due to the fact the technology associated with electric vehicles, batteries and electric vehicle charging stations is relatively new and is anticipated to change, and that there is a lack of municipal experience on consumer and community preferences and attitudes with regard to electric vehicles, the planning commission may authorize variations from these standards, so long as the intent and goal of the standards and this chapter are addressed.
1. Except when located in conjunction with single-family residences, electric vehicle charging stations shall be reserved for parking and charging of electric vehicles only.
2. Signage. Each electric vehicle charging station shall be posted with signage indicating the space is only for electric vehicle charging purposes. Wayfinding signs conveniently located to guide motorists to the charging stations are permitted with approval of the city administrator.
3. Accessibility. The design and location of the electric vehicle charging stations shall comply with the following barrier-free accessibility requirements:
a. Accessible charging stations shall be located in proximity to the buildings or facility entrances and shall be connected to a barrier-free accessible route of travel.
b. Accessible charging stations shall comply with the requirements of WAC 51-50-005. (Ord. 2104 § 1 (Exh. A), 2022)