Chapter 17.04
GENERAL PROVISIONS

Sections:

17.04.010    Purposes.

17.04.020    Authority.

17.04.030    Permits.

17.04.040    Scope.

17.04.050    Zoning map.

17.04.060    Junk.

17.04.070    Vision clearance at intersections.

17.04.080    Recreational vehicles.

17.04.085    Mobile homes.

17.04.090    Fences.

17.04.100    Accessory dwellings.

17.04.105    Nightly rentals.

17.04.110    Annexation.

17.04.120    Application of district regulations.

17.04.130    Interpretation of zoning map.

17.04.140    Recreational vehicle parks.

17.04.150    Building codes—Manufactured, factory built and modular homes.

17.04.160    Home occupations.

17.04.170    Impact assessment.

17.04.180    Chickens and small mammals.

17.04.010 Purposes.

The general purposes of this title are to promote the public health, safety, general welfare and interest in the city by:

A.    Establishing a desirable pattern of land use that reflects the needs of the residents of the city;

B.    Ensuring the efficient use of public investment in community facilities, roads and utilities;

C.    Providing clear and stable guidelines for public and private development;

D.    Providing flexible means to stimulate creativity while maintaining sufficient control to achieve the objectives of the city’s comprehensive plan;

E.    Establishing adequate building setback, height and lot coverage regulations to ensure adequate light, air, open space and stormwater retention as well as preventing the spread of fire;

F.    Providing for residential, recreational, commercial, industrial and mixed-use sites that satisfy the needs of the residents of the city and surrounding areas;

G.    Protecting life and property by preventing the use of hazardous areas, including flood prone lands and those having geological hazards;

H.    Furthering the goals and policies of the city’s comprehensive plan;

I.    Complying with the provisions and objectives of Chapter 35A.63 RCW, as it now exists or may be hereafter amended;

J.    Complying with the provisions and objectives of RCW 36.70A.060, as it now exists or may be hereafter amended.

(Ord. 771 § 1 (Exh. A) (part), 2019: Ord. 722 §§ 1(A), (B), 2014; Ord. 97-550 § 1(1), 1997)

17.04.020 Authority.

This title is adopted pursuant to Chapter 35A.63 RCW, as amended. (Ord. 771 § 1 (Exh. A) (part), 2019: Ord. 97-550 § 1(2), 1997)

17.04.030 Permits.

Permits shall not be issued for any use of land or structure which is otherwise in violation of this title, or state and/or federal law. Any such permit or license issued for a use of land shall be and is null and void. (Ord. 771 § 1 (Exh. A) (part), 2019: Ord. 722 § 1(C), 2014: Ord. 97-550 § 1(3), 1997)

17.04.040 Scope.

This title shall apply to all lands located within the incorporated limits of the city to the extent authorized under the constitution and laws of the state of Washington and of the United States. (Ord. 771 § 1 (Exh. A) (part), 2019: Ord. 722 § 1(D), 2014: Ord. 97-550 § 1(4), 1997)

17.04.050 Zoning map.

The location and boundaries of the districts designated in this title are established as shown on the map entitled the “Zoning Map of the City of Pateros.” The zoning map shall be dated with the effective date of the ordinance codified in this title and signed by the mayor. The signed map shall be maintained on file with the city clerk, and is made a part of this title. (Ord. 771 § 1 (Exh. A) (part), 2019: Ord. 97-550 § 1(5), 1997)

17.04.060 Junk.

In no district will there be permitted a collection of junk, trash, scrap, unlicensed disabled cars or parts of cars, equipment, abandoned sheds or buildings, which are a menace to the health, safety and general welfare of the neighborhood, except where specific provisions are made concerning such items in the ordinance governing uses within each zoning district. (Ord. 771 § 1 (Exh. A) (part), 2019: Ord. 722 § 1(E), 2014: Ord. 97-550 § 1(6), 1997)

17.04.070 Vision clearance at intersections.

In all residential zones, no fence, wall, structure of any kind, bush, or foliage shall be erected or placed or be allowed to grow or to be maintained at a height of over three and one-half feet above the established top of any curb grade on any public or privately owned land within an area having a direct base line as follows:

A.    Street Intersections. From the intersection of two street lines at points twenty-five (25) feet back from the intersection of such street lines or such street lines produced.

B.    Alley Entrances. Intersecting the street and alley line at points twenty (20) feet back from the intersection of such street and alley lines or such street and alley lines produced.

(Ord. 771 § 1 (Exh. A) (part), 2019: Ord. 722 § 1(F), 2014; Ord. 97-550 § 1(7), 1997)

17.04.080 Recreational vehicles.

No recreational vehicles (RVs), including travel trailers, motor homes, vehicle-mounted campers, boats or similar vehicles, whether licensed or unlicensed, shall be parked on a public street, alley or right-of-way for a period of more than sixty (60) hours. (Ord. 771 § 1 (Exh. A) (part), 2019: Ord. 722 § 1(G), 2014: Ord. 97-550 § 1(8), 1997)

17.04.085 Mobile homes.

Mobile homes, as defined in Chapter 17.08, are prohibited. Legally placed mobile homes existing on January 1, 2014, are considered existing nonconforming structures; see Chapter 17.20 for regulations. (Ord. 771 § 1 (Exh. A) (part), 2019: Ord. 722 § 1(H), 2014)

17.04.090 Fences.

For front yards, the maximum height of fences shall be three and one-half feet. Side yard and rear yard fences may be erected to a height of six feet. (Ord. 771 § 1 (Exh. A) (part), 2019: Ord. 97-550 § 1(9), 1997)

17.04.100 Accessory dwellings.

A.    Intent. The provision of accessory dwelling units (ADUs) promotes an efficient use of housing and allows more flexible living environments for all residents. The following regulations are designed to meet a need for an alternative form of housing without compromising the existing character or appearance of single-family residential neighborhoods.

B.    Eligibility. Accessory dwelling units appurtenant to duplexes and multifamily dwellings are prohibited. ADUs may be located in a separate accessory structure or incorporated within the principal dwelling. For the purposes of this subsection, the term “incorporated” shall mean completely within an existing principal residence, provided both dwelling units are attached by a common wall, floor, or ceiling and not simply by an attached breezeway or porch. An ADU may be allowed on conforming lots in all zones except the R-1 zoning district; an ADU is subject to approval of an administrative permit; and an ADU must follow the minimum lot sizes and conditions hereafter listed:

1.    R-1-A—eight thousand (8,000) square feet.

2.    RD—six thousand (6,000) square feet. ADU may be incorporated or separate from principal structure.

3.    RM—five thousand (5,000) square feet. ADU may be incorporated or separate from principal structure.

4.    CBD, MU, I or PU—five thousand (5,000) square feet for separate structures.

C.    Application. The following shall be required for every accessory dwelling unit:

1.    A minimum housing inspection report from the city building official certifying that the accessory dwelling unit complies with the minimum housing code, as defined in the edition of the building code in effect in the city at the time of application, including all provisions regarding setbacks between structures. If the ADU is incorporated within the principal dwelling on the lot, the housing inspection report must certify that the entire principal structure meets minimum housing code standards.

2.    An ADU shall be required to meet the city’s requirement for water and sewer connections to address increased demand on the city’s water and sewer systems stemming from increased density in residential zoning districts.

D.    Development Standards. The following development standards shall be met to qualify for the occupation of an accessory dwelling unit:

1.    The accessory dwelling unit must comply with all applicable provisions of the Pateros Municipal Code in effect at the time the accessory dwelling unit is approved, including setback and lot coverage requirements for the zoning district in which the accessory dwelling unit is located.

2.    Only the principal structure on each lot shall be considered in determining compliance with lot size and density requirements.

3.    Maximum occupancy of the unit shall not exceed one and one-quarter persons per habitable room, as defined in the edition of the International Building Code in effect in the city at the time of application.

4.    The maximum livable area of an accessory dwelling unit shall be no greater than the livable area of the principal dwelling, and shall not, under any circumstances, exceed eight hundred (800) square feet.

5.    The owner of the lot shall provide one off-street parking space for the exclusive use of the occupants of the accessory dwelling unit, in addition to the off-street parking required for the principal dwelling. A garage or carport may provide off-street parking where, in fact, the garage or carport is usable for parking cars. All off-street parking areas shall be surfaced to provide long-term dust control.

6.    Only one ADU per single-family lot shall be permitted.

7.    Addition of an ADU shall not result in any modifications to the principal structure or the residential lot that would compromise the single-family residential character of the principal structure or be detrimental to the character of the neighborhood.

8.    An ADU shall be required to obtain water and sewer connections separate from the principal structure on the property.

E.    Accessory dwelling units in R-1-A, R-2, and R-3 zoning districts must be sited so that they will conform with all applicable regulations, including setbacks. Subsequent subdivision of lots in said zones with accessory structures must meet minimum lot sizes.

(Ord. 771 § 1 (Exh. A) (part), 2019: Ord. 722 § 1(I), 2014: Ord. 97-550 § 1(10), 1997)

17.04.105 Nightly rentals.

Nightly rentals, as defined in Section 17.08.010, shall be permitted as set forth in Chapter 17.12, Table A. (Ord. 771 § 1 (Exh. A) (part), 2019: Ord. 722 § 1(J), 2014)

17.04.110 Annexation.

All territory which may hereafter be annexed to the city shall be studied by the planning agency prior to any action of the city council. Before recommending in favor of any proposed annexation, the planning agency must first determine:

A.    That city infrastructure is adequate to serve the annexed property, or that the city’s capital facilities plan specifically includes provision for any needed improvements; and

B.    That the cost of providing and maintaining city services to the annexed areas is not greater than the revenue to be generated to the city by that area; and

C.    The most appropriate zoning district for the lands under consideration, consistent with the designations of the comprehensive land use plan.

The recommendation of the planning agency shall be submitted to the city council prior to any public hearing by the city council on the annexation proposal. (Ord. 771 § 1 (Exh. A) (part), 2019: Ord. 722 § 1(K), 2014: Ord. 97-550 § 1(11), 1997)

17.04.120 Application of district regulations.

The regulations set by this title within each district shall be minimum regulations. Wherever the requirements of this title are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive, or that imposing the higher standards, shall govern. (Ord. 771 § 1 (Exh. A) (part), 2019: Ord. 97-550 § 1(12), 1997)

17.04.130 Interpretation of zoning map.

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

A.    Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed as following such center lines;

B.    Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;

C.    Boundaries indicated as approximately following the corporate limits of the city shall be construed as following the corporate limits of the city;

D.    Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;

E.    Boundaries indicated as following shorelines shall be construed as following such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, lakes, or other bodies of water shall be construed to follow such centerlines;

F.    Boundaries indicated as parallel to or extensions of features indicated in subsections A through E of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map;

G.    Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map or in other circumstances not covered by subsections A through F of this section, the administrator shall interpret the district boundaries.

(Ord. 771 § 1 (Exh. A) (part), 2019: Ord. 97-550 § 1(13), 1997)

17.04.140 Recreational vehicle parks.

Recreational vehicle parks shall be for the use of recreational vehicles, which may be either motorized or towed, as well as camping for persons with tents. In addition to specific parking, size and other requirements contained in this title, recreational vehicle parks shall meet the following additional standards:

A.    Must be an allowed use within the district as shown in the Chapter 17.12, Table A, District Use Chart;

B.    Shall meet all additional requirements of Chapter 15.12 relating to recreational vehicle parks.

(Ord. 771 § 1 (Exh. A) (part), 2019: Ord. 722 § 1(L), 2014: Ord. 97-550 § 1(14), 1997)

17.04.150 Building codes—Manufactured, factory built and modular homes.

In accordance with the standards and definitions contained in this title, all structures built or brought into the community subsequent to the effective date of the ordinance codified in this title must meet the requirements of the International Building Code, as amended, except that HUD designated manufactured homes which meet the definitions of this title shall be treated in all respects as single-family homes. (Ord. 771 § 1 (Exh. A) (part), 2019: Ord. 722 § 1(M), 2014: Ord. 97-550 § 1(15), 1997)

17.04.160 Home occupations.

A.    Intent. Home occupations are limited to those businesses which may be conducted within the principal residence or accessory structures thereto without changing the appearance or residential nature of the area. Home occupations are required to have a business license, comply with all city codes and ordinances, and be consistent with the following provisions.

B.    Standards.

1.    Home occupations shall not occupy space larger than thirty-five (35) percent of the total floor area of the dwelling, including any accessory structures, in or adjacent to which the home occupation is conducted.

2.    There shall be no change in the exterior appearance of the building or structure in which the home occupation is conducted, nor other visible evidence of conduct of such home occupation, except a sign as provided herein. No window display is permitted.

3.    Only one sign is permitted, two square feet in area, indirect illumination only, and attached to a building or inside the home.

4.    No home occupation shall be conducted in any manner which would cause the premises to differ from its residential character or create a nuisance, including, but not to limited to, use or creation of colors, materials, construction, lighting, noises, fumes, odors, glare, electrical or audiovisual interference, dust, smoke or vibrations.

5.    No home occupation shall generate traffic in greater volumes so as to disturb or inconvenience nearby residences, and all parking required by the home occupation shall be provided by off-street parking areas not located within required front yard setback areas.

6.    A home occupation shall be conducted by immediate family members residing in the dwelling. A home occupation may not employ more than one person who is not an immediate family member residing in the premises at one time.

7.    There should be no outside storage or display of any kind relating to the home occupation.

8.    A home occupation shall not require the use of electrical or mechanical equipment which would change the fire rating of the structure.

9.    The principal activity of a home occupation shall not be the sale of goods on premises.

10.    No more animals are permitted on the site than may otherwise be permitted.

11.    A business license from the city of Pateros must be purchased for all home occupations, and shall be subject to review and approval by the administrator as set forth below.

C.    Ineligible Uses. The following uses, by their nature, have a tendency to extend beyond the limits of a home occupation or to otherwise impair the residential nature and value of the neighborhood, and shall be ineligible for classification as a home occupation:

1.    Appliance, radio and/or television repair;

2.    Auto, motorcycle or engine repair;

3.    Barber or beauty shops with more than one chair;

4.    Exercise or health spas or salons;

5.    Private schools with more than two students at one time;

6.    Painting of vehicles;

7.    Retail shops.

D.    Approval of Home Occupations. Prior to conduct of a home occupation or issuance of a business license by the city, persons desiring to conduct a business not otherwise allowed in the zoning district shall apply to the administrator for approval of such home occupation, on a form provided by the city. Upon receipt of application and fee, the administrator shall send notice of application to landowners within three hundred (300) feet of the proposed home occupation, and shall assure that the property is posted with notice of application, which notices shall include the right of all interested persons to make written comment to the administrator regarding the application. No less than fifteen (15) nor more than thirty (30) days after mailing and posting of such notice, the administrator shall determine if the proposed home occupation meets all requirements and standards set forth in this section, and shall issue a home occupation permit to the applicant or a written decision to the applicant denying such permit, and shall give findings of fact and reasons for denial. Copies of such permit or written decision shall be sent to all persons who made written comment on the application. A home occupation permit may be conditioned by reasonable conditions designed to assure compliance with the requirements and standards of this section. Such permit shall not be issued unless the administrator finds that such home occupation would not materially be detrimental to the public welfare or injurious to the property in the zone or vicinity in which the property is located.

E.    Exemptions. The following are exempt from the requirements of this section: bake sales, temporary home boutiques or bazaars for handcrafted items, parties for the display of domestic products and other like uses so long as the use does not operate for more than four days semiannually, or in violation of any other provisions of the Pateros Municipal Code.

F.    Conditional Use Permit. A conditional use permit is required and must be granted for the following home occupation uses:

1.    Craft classes;

2.    Music and dance studios.

G.    In considering the applications for home occupation conditional use permits, the city council shall consider the nature and conditions of all of the uses and structures, and no such home occupation conditional use permit shall be authorized unless the city council finds that authorizing such permit will not be materially detrimental to the public welfare or injurious to the property in the zone or vicinity in which the property is located. In authorizing a home occupation conditional use permit, the city council may impose such additional requirements and conditions with respect to location, installation, construction, maintenance and operation of a home occupation that may be deemed necessary for the protection of other properties in the zone or vicinity or in the public interest.

(Ord. 771 § 1 (Exh. A) (part), 2019: Ord. 01-603 § 1, 2001)

17.04.170 Impact assessment.

A.    The impacts of a proposed use shall be considered in determining whether the use is to be allowed, and may be considered in determining the conditions under which a land use permit or building permit will be granted. This process is not intended to permit uses that are prohibited within a given zoning district or for developments that are required to complete a SEPA checklist. Nothing in this section shall be construed to give any property owner a right to use any property in any manner that requires a land use permit unless such permit has first been granted and is in full force and effect pursuant to all conditions attached thereto.

B.    Any new use or change in use, including home businesses, will require an impact assessment. Applicants will be required to submit a completed impact assessment checklist as part of the process of applying for a land use permit, building permit, or business license. The city shall use the impact assessment checklist as one means of notifying applicants of performance standards that may pertain to a given development proposal or permit application and providing guidance in meeting those standards.

C.    Single-family dwellings are exempt from the impact assessment requirement. However, all uses, including single-family dwellings, must comply with the applicable performance and development standards.

D.    In making a determination regarding impacts, the administrator or designated decision-making body shall consider the performance standards specified in Chapter 17.22. Decisions will be based on the information provided in the applicant’s completed impact assessment checklist; the administrator or designated decision-making body may require additional information considered necessary to fully and fairly evaluate the impacts of the proposed use.

E.    The applicant for a proposed use may use design features or other measures to mitigate impacts, where feasible. Examples of mitigation include buffering and limitations on hours of operation. Any mitigating measures required by the city shall be considered conditions of approval, and shall be reduced to writing and recorded, or entered on the face of a recorded plat or site plan map.

(Ord. 771 § 1 (Exh. A) (part), 2019)

17.04.180 Chickens and small mammals.

The keeping of chickens and small mammals (as defined in Chapter 17.08) shall be permitted as listed in the district use chart (Chapter 17.12), subject to the following conditions:

A.    An application for the keeping of chickens and small mammals shall be submitted to the city along with an application fee as set forth in the adopted fee schedule. All such approved uses shall also be required to pay an annual fee in order to maintain compliance with this chapter of the Pateros Municipal Code.

B.    All coops and runs shall be located within a side or rear yard. Coops shall not be allowed within the required front setback, not allowed within twenty-five (25) feet from any neighboring dwelling and at least ten (10) feet from side yard property lines. No setback is required from the rear property line or an alley.

C.    All coops and runs shall be kept in a neat, sanitary condition so as to be free from offensive odors, fly breeding, dust, and general nuisances and shall be in compliance with health district regulations.

D.    At no time shall the poultry or small mammals be allowed to run at large.

E.    Poultry and small mammals shall be kept in a well-ventilated, enclosed coop constructed to protect the animals against varying weather conditions and predators.

F.    “Permitted poultry” includes hens (female chickens). “Small mammals” includes rabbits, guinea pigs, ferrets, or other similar type animals. A maximum of six in any combination, poultry (hens) or small mammals (rabbits, guinea pigs, ferrets, or other similar type animals) per single-family home, not including animals under the age of one year.

G.    No roosters allowed.

H.    Slaughtering of chickens or small mammals shall be prohibited.

(Ord. 771 § 1 (Exh. A) (part), 2019)