Chapter 18.46 SUPPLEMENTARY REGULATIONS FOR SPECIFIC USES

This chapter specifies certain size, location and dimensional and other requirements that are specific to particular uses. These provisions apply to the specific use regardless of what district in which the use is located. These provisions are in addition to the use and dimensional requirements for the district in which property is located. The specific uses described and regulated below may be a permitted use, a conditional use or a nonpermitted use in any given use district. (Ord. 1421 § 1, 2001; Ord. 1167 § 1, 1995)

18.46.020 Accessory dwelling unit (ADU).

The purpose of these code provisions for accessory dwelling units (ADUs) is to: (1) provide homeowners with flexibility in establishing separate living quarters within or adjacent to their homes for the purpose of caring for elderly parents, providing housing for their children, companionship, security, or other purposes; (2) increase the supply of affordable housing units within the community; (3) provide for a range of choices of housing in the city and provision of additional dwelling units, thereby increasing densities with minimal cost and disruption to existing neighborhoods; and (4) ensure that the development of accessory dwelling units does not cause unanticipated impacts on the character or stability of single-family neighborhoods.

(1) Development Standards for Accessory Dwelling Units. An ADU shall comply with the following standards:

(a) Configuration. An ADU may be located either within, attached to, or detached from the primary structure.

(b) Density. Only one ADU may be created in conjunction with each single-family residence in the R1 and Town Center zoning districts.

(d) Maximum Unit Size. The gross floor area, calculated from finished wall to finished wall, of an existing structure, an addition, or a new detached structure converted to or constructed for the purpose of creating an ADU shall not exceed 40 percent of the gross floor area of the primary single-family structure, not including garage and/or detached accessory buildings, or 800 square feet (whichever is less).

(e) Minimum Unit Size. The gross floor area of an ADU shall not be less than 300 square feet, even if this exceeds the maximum requirement in subsection (1)(d) of this section, or as otherwise established by the requirements of the city’s adopted building code.

(f) Setbacks and Lot Coverage. Additions to existing structures, or the construction of new detached structures, associated with the establishment of an ADU shall not encroach into required setbacks as prescribed in the underlying zone. The applicable setbacks shall be the same as those prescribed for the primary structure, not those prescribed for detached accessory structures. An ADU shall not be included in the maximum lot coverage calculation.

(g) Scale and Visual Subordination. The ADU shall be visually subordinate to the primary unit. Specifically, new detached structures, or additions to existing structures, created for the purpose of establishing an ADU, shall not comprise more than 40 percent of the total front elevation of visible structure, including the combined ADU and primary unit. This standard does not apply for internal conversions of existing structures.

(h) Parking. One additional on-site parking space is required in conjunction with the establishment of an ADU. The two required off-street parking spaces provided for the primary residence shall be maintained.

(i) Design and Appearance. An ADU, either attached or detached, shall be consistent in design and appearance with the primary structure. Specifically, the roof pitch, siding materials, color and window treatment of the ADU shall be similar to the primary structure.

(j) Construction Standards. The applicant must apply for a building permit for an accessory dwelling unit. An ADU shall comply with applicable building, fire, health, and safety codes. Addressing of the ADU shall be assigned by the community development department. An ADU cannot be occupied until a certificate of occupancy is issued by the building department. The design and construction of the ADU shall conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health, and any other applicable codes.

(2) Detached accessory dwelling units require Type I site plan approval; however, no application fee is required.

(3) An accessory dwelling unit shall connect to public sewer and water. A home or lot not connected to public sewer and water, which adds an accessory dwelling unit, shall connect to public sewer and water.

(4) Impact fees for ADUs shall be calculated at 35 percent of the single-family rate. (Ord. 1929 § 1 (Exh. A §§ 3 – 6), 2020; Ord. 1886 § 1 (Exh. A), 2019; Ord. 1793 § 1 (Exh. A), 2016; Ord. 1740 § 1 (Exh. A), 2013; Ord. 1654 § 1 (Exh. A), 2010; Ord. 1632 § 1 (Exh. A), 2009; Ord. 1421 § 1, 2001; Ord. 1167 § 1, 1995)

18.46.030 Adult family homes.

Repealed by Ord. 1613. (Ord. 1421 § 1, 2001; Ord. 1167 § 1, 1995)

18.46.040 Amusement devices.

Amusement devices, where permitted, are subject to Chapter 5.16 WMC. (Ord. 1421 § 1, 2001; Ord. 1167 § 1, 1995)

18.46.045 Automotive sales lots.

(1) Automotive sales lots shall be processed as a Type II site plan review, subject to the following criteria:

(a) Vehicle storage and maneuvering areas shall be paved.

(b) Lighting of lots shall be designed, placed and shielded to assure no excessive glare on adjacent properties or public rights-of-way.

(d) Any repairs to automobiles in inventory shall be completed within an entirely enclosed building.

(2) Screening and Buffering. Vehicle storage areas abutting public or private streets or rights-of-way shall be screened with a medium screen B-2 buffer. Vehicle storage areas abutting a property line shall be screened with a high screen, B-3 buffer.

(3) Licensing. Prior to approval, the applicant shall provide evidence of license approval from the state of Washington. (Ord. 1421 § 1, 2001; Ord. 1262 § 1, 1997)

18.46.050 Automotive service stations and gasoline sales.

The minimum lot area for such use shall be 10,000 square feet, with at least 100 feet of frontage on a public street. Gasoline pump islands shall be set back at least 20 feet from public rights-of-way, although canopies may be located within 10 feet of rights-of-way. All driveway entrances must be at least 50 feet from a street intersection. (Ord. 1421 § 1, 2001; Ord. 1167 § 1, 1995)

18.46.060 Bed and breakfast establishments.

A bed and breakfast establishment must be accessory to a dwelling unit as the principal use on the property. The intent is to allow for a more efficient use of homes for a purpose, which has been found to be compatible with residential uses. An individual or family who operates the bed and breakfast establishment must occupy the house as their primary residence. Bed and breakfast establishments shall be limited to a maximum of four bedrooms for guests. No more than four people shall be accommodated per night per room, and shall not stay more than 14 consecutive days per visit. Food services may be provided only to overnight guests of the bed and breakfast. Banquets, parties, weddings or meetings for guests or other nonfamily members are prohibited. Residential structures may be remodeled for the bed and break-fast, but not enlargement except for minor expansions to accommodate additional kitchen or bathroom needs. Two off-street parking spaces, plus one off-street space for each bedroom to be rented, are required. Any additional parking shall be screened from adjacent property by a B3 buffer. Prior to occupancy, evidence of compliance with all health, state, building and fire regulations will be required. (Ord. 1465 § 1, 2003; Ord. 1421 § 1, 2001; Ord. 1167 § 1, 1995)

18.46.070 Child day care facilities.

“Family day care” and “day care centers,” as defined in this title, shall meet the following requirements:

(1) Washington State child day care licensing requirements;

(2) Lot size, building size, setbacks and lot coverage requirements of the district in which it is located unless the structure is nonconforming;

(3) All applicable building, fire safety and health codes;

(4) Possess a city business license and be in compliance with city business licensing requirements;

(5) Provide a safe parking and loading area, which complies with Chapter 18.52 WMC;

(6) For family day care facilities operated in a private family residence, no signs are permitted, and any structural alterations to the private family residence must be consistent with the residential character of the surrounding neighborhood;

(7) Day care centers shall provide a minimum outdoor play area of 75 feet per person for whom care is being provided. The outdoor play area shall be separated from adjoining lots by a sight-obscuring fence of at least four feet in height. Fences must comply with WMC 18.46.110. (Ord. 1793 § 1 (Exh. A), 2016; Ord. 1421 § 1, 2001; Ord. 1167 § 1, 1995)

18.46.080 Christmas tree lots.

The director may require suitable guarantees that any property used for Christmas tree sales be restored in a neat and orderly condition after termination of said use. Said use may not encroach upon required parking spaces as determined by the director. (Ord. 1421 § 1, 2001; Ord. 1193 § 1 (Exh. E), 1996; Ord. 1167 § 1, 1995)

18.46.090 Churches, temples, synagogues and places of worship.

Churches shall be located on a site of at least one-half acre. A minimum 30-foot side and/or rear yard shall be required abutting any residential district, where applicable. (Ord. 1421 § 1, 2001; Ord. 1167 § 1, 1995)

18.46.100 Circuses, carnivals, fairs and exhibitions.

Such uses may be permitted for a term not to exceed 21 days, with written approval of the director. All such uses shall comply with Chapter 5.20 WMC. (Ord. 1193 § 1 (Exh. E), 1996; Ord. 1167 § 1, 1995)

18.46.105 Enclosed retail and personal services in residential zone.

Specific design standards apply to enclosed retail and personal services permitted in the R1 zones. Those design standards are:

(1) Enclosed retail and personal services are required to be placed on corner lots, unless fronted by an arterial street.

(2) The building is to be built to the sidewalk with parking on the side or rear of the building.

(3) Fifty percent of the street front shall be in windows.

(4) The architectural design shall include gabled rooflines, paned window treatment and awnings.

(5) Signs shall be fascia or wall-mounted and may not be neon or lighted in any manner including internal lighting.

(6) Neighborhood markets shall not have gasoline or fuel pumps.

(7) Primary building entrances shall be oriented toward the public street. Buildings on corner lots shall have frontages on both streets.

(8) The exterior finish of buildings shall be similar to that of the residential neighborhood and shall not be corrugated metal or vertical jointed wood siding (T1-11).

(9) Parking, driveways or auto maneuvering areas shall not separate the primary face of the building (front entry face) from the abutting street.

(10) Enclosed retail and personal services in residential zones shall provide a B3 buffer from adjoining residential uses. (Ord. 1632 § 1 (Exh. A), 2009; Ord. 1421 § 1, 2001)

18.46.110 Fences and hedges.

Fences not over 48 inches may occupy a front yard. Fences not over six feet in height may occupy the rear yard, side yard, and the street side yard on corner lots in back of the front yard setback line. No fence, wall or hedge shall be erected in such a manner as to obstruct vision within a public right-of-way or vision needed for driveway access onto a public right-of-way. Barbed wire top strands six feet above the ground may be permitted in commercial, industrial, and institutional and public districts. Razor wire shall be prohibited in all zone districts within the city of Washougal with the exception of heavy industrial. (Ord. 1849 § 1 (Exh. A), 2018; Ord. 1740 § 1 (Exh. A), 2013; Ord. 1465 § 1, 2003; Ord. 1421 § 1, 2001; Ord. 1167 § 1, 1995)

18.46.120 Garage sales.

Garage sales must comply with Chapter 5.56 WMC. (Ord. 1421 § 1, 2001; Ord. 1167 § 1, 1995)

18.46.130 Home occupations.

Home occupations must comply with the following provisions:

(1) Applicants for a home occupation shall obtain a home occupation permit to ensure compliance with these standards; home offices with no perceivable impacts, as determined by the director, are exempt from obtaining said permit.

(2) There shall be no structural alteration to accommodate the occupation.

(3) Not more than 25 percent of the floor space of the main floor, which may be in the basement or on the first floor only, of such dwelling may be used, and under no circumstances shall exceed 500 square feet in area.

(4) Home occupations shall not be conducted outside or in an accessory building detached from the principal dwelling.

(5) There shall be no external features or characteristics that suggest the principal building is used for anything except a residence; there shall be no commercial advertising, no window displays, nor sample commodities displayed outside the principal building.

(6) No material or mechanical equipment shall be used which will be detrimental to the residential use of the property or surrounding residences and properties because of vibration, noise, dust, smoke, odor, interference with radio or television reception, or other factor.

(7) 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 customers’ motor vehicles 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 occupation. (Ord. 1849 § 1 (Exh. A), 2018; Ord. 1740 § 1 (Exh. A), 2013; Ord. 1632 § 1 (Exh. A), 2009; Ord. 1421 § 1, 2001; Ord. 1245 § 1, 1997; Ord. 1167 § 1, 1995)

18.46.145 Manufactured homes on individual lots.

(1) Class A and manufactured homes, as defined by WMC 18.06.800 and 18.06.810, shall be permitted on individual lots within all residential districts. Manufactured homes shall meet design standard (a) and at least three of standards (b) through (h) listed in subsection (2) of this section.

(2) Design Standards for Manufactured Homes. The following design standards shall apply to manufactured homes as expressly provided for in subsection (1) of this section.

(a) Removal of Devices. All removable towing devices, such as tongues, wheels, axles, hitches and transporting lights must be removed after placement on the lot;

(b) A covered porch or entry area;

(d) Gables;

(e) Eaves with a minimum projection of six inches;

(f) Dormers;

(g) Bay windows;

(h) Window shutters. (Ord. 1758 § 1 (Exh. A), 2014; Ord. 1421 § 1, 2001; Ord. 1214 § 1, 1996)

18.46.150 Manufactured home parks.

Manufactured home parks, where permitted, shall meet the following requirements:

(1) Site. The site area shall be no less than five acres nor more than 20 acres.

(2) Access. The site must have direct access to a public road which shall have suitable right-of-way, pavement width, and curb radii to accommodate the entrance and exiting of manufactured homes (typically an arterial or collector street). Interior streets shall be improved to a width of not less than 28 feet from back of curb to back of curb. They shall include sidewalks on both sides of interior streets, and properly designated signs shall be installed.

(3) Perimeter Buffer or Screen. Where natural vegetation exists, a perimeter buffer of at least 10 feet in depth shall be required around the entire manufactured home park development, except for approved access crossings. Where natural vegetation does not exist, a landscape strip with a minimum depth of 10 feet, consisting of evergreen or other suitable screening vegetation shall be installed around the entire perimeter of the manufactured home park development, except for approved access crossings.

(4) Maximum Density. The maximum density shall be that permitted for the district in which the manufactured home park is located.

(5) Recreation and Open Space. Not less than five percent of the area devoted to a manufactured home park development shall be improved and maintained for recreational and/or open space purposes, exclusive of the perimeter buffer.

(6) Individual Space Requirements. Individual manufactured home spaces within the park shall be a minimum of 3,000 square feet in area with a minimum width of 20 feet.

(7) Community Laundry and Other Facilities. Depending upon the size of the manufactured home development, the planning commission may require laundry facilities as part of the development and other such convenience commercial facilities for which a demand will be created, to avoid unnecessary vehicle trips to and from the development.

(8) Design and Location Standards. Manufactured homes located in a manufactured home park shall be skirted with fully sight-obscuring material (such as masonry or a material consistent in color and material with the primary siding of the manufactured home) that provides an appearance of permanency, and shall meet, at the minimum, standards (a) through (c) of WMC 18.46.145(2). New manufactured homes in manufactured home parks should, to the extent possible, be designed and placed so as to meet the definition of a Class A manufactured home. (Ord. 1758 § 1 (Exh. A), 2014; Ord. 1421 § 1, 2001; Ord. 1214 § 1, 1996; Ord. 1167 § 1, 1995)

18.46.170 Swimming pools.

Swimming pools shall meet the yard requirements of the underlying zoning district as well as the requirements of WMC 15.04.020(2). (Ord. 1886 § 1 (Exh. A), 2019; Ord. 1421 § 1, 2001; Ord. 1167 § 1, 1995)

18.46.180 Taxicab operations.

Taxicab operations shall comply with Chapter 5.68 WMC. (Ord. 1421 § 1, 2001; Ord. 1167 § 1, 1995)

18.46.200 Townhouses.

Each fee-simple townhouse shall be located on its own lot of record, and subdivision plat approval shall be required in accordance with the Washougal subdivision regulations. Each lot shall be a minimum of 2,000 square feet with a minimum lot width and frontage of 18 feet. No more than six townhouses shall be permitted to form any one building. Townhouse construction is exempt from the maximum lot coverage requirements of the underlying zone. Townhouse developments shall not exceed the maximum density permitted for the district in which they are located. (Ord. 1613 § 1 (Exh. A), 2008; Ord. 1421 § 1, 2001; Ord. 1167 § 1, 1995)

18.46.210 Travel trailers and recreational vehicles storage.

House trailers, horse trailers, tents, automobiles and boats must meet the requirements of WMC 9.70.040(17) and they are not recognized as permanent residences and such uses may be permitted only in appropriate zones, and for a time period not to exceed 21 days. (Ord. 1886 § 1 (Exh. A), 2019; Ord. 1421 § 1, 2001; Ord. 1167 § 1, 1995)

18.46.220 Recycling centers and motor vehicle junkyards.

(1) Permit Required. It is unlawful for any person, persons, partnership or corporation to operate or maintain a recycling center or motor vehicle junkyard or engage in the business of such within the city limits, without having obtained a permit from the city to so engage in the business of recycling center or motor vehicle junkyard. Motor vehicle junkyards or recycling centers shall be located on a minimum of two acres.

(2) Permit Requirements for Recycling Collection Boxes. An annual permit is required for the installation of a recycling collection box. The application, along with a fee as identified in WMC 3.90.010 is to be signed by the property owner and submitted to the community development director, who will within 30 days, approve or deny the permit. The permit will be good for a period of one year from the date of approval and is revokable if the applicant is found to be in violation of the provisions of this section.

(3) Special Permit Application – Fee Required. Application of a special permit to conduct a business of a recycling center or motor vehicle junkyard, shall be in writing, signed by the property owner, setting out the true name of the owners of the business, the exact description of the premises upon which the applicant intends to conduct the business, the nature and kinds of material and recycling which will be collected, bought, sold and/or volume stored, the method of collection, storage and transfer, and the application shall be signed by the property owners and accompanied by a fee as identified in WMC 3.90.010 and a statement that the owner will abide by and conduct the business according to the city ordinances.

(4) Special Permit – Issuance. The application for special permit shall be promptly considered by the planning commission, which shall forward a recommendation to the city council which shall determine within 45 days whether and if the application is approved or not. If approved, a special permit shall forthwith be issued by the building official.

(5) Special Permit – Revocation. Any person, persons, partnership or corporation who has received a permit to conduct a business of a recycling center or motor vehicle junkyard who has violated this section or other code provisions two or more times within one year from the date of issuance of the permit shall be subject to revocation. The special permit may be revoked only by a two-thirds vote of the council at any regular or special meeting thereof; provided, the holder of the permit has been notified in writing of the date, time and place of hearing concerning the revocation at least five days prior to the date of the hearing.

(6) Maintenance – Fencing Standards. Any person, persons, partnership, or corporation engaging in operating or maintaining a recycling center, recycling collection box or motor vehicle junkyard within the city limits shall have the operation so operated and so maintained that if any recyclable materials, junked motor vehicles or rubbish are within 150 feet of any street or highway, they shall be enclosed by a board or metal fence eight feet in height and so constructed, built and maintained so as to present an appearance not offensive to the traveling public, and if the recyclable materials, junked motor vehicles or rubbish are 150 feet from any street or highway, they shall be kept and maintained with due regard to the appearance, health and safety of the public. It shall be unlawful for any person, persons, partnership or corporation in the city to engage in the dismantling, wrecking or breaking up of any automobile, piece of machinery or article, without complying with these fencing and maintenance standards.

(7) Junked Motor Vehicles to be Enclosed. It is unlawful for any person, persons, partnership or corporation engaged in operating a recycling center or motor vehicle junkyard in the city to place, park, store, maintain or leave any wrecked, junked, or dismantled or abandoned motor vehicles on any street of the city, or upon any parking area along the streets or upon any public, private or railroad property or pieces of land outside an area fenced and maintained in accordance with this section.

(8) Accumulation of Scrap. It is unlawful for any person, persons, partnership or corporation so engaged in the business of maintaining or operating a recycling center, recycling collection box or motor vehicle junkyard in the city to allow, establish or maintain an accumulation of iron, tin, fencing, wire scrap, metal, rubber tires, papers or other recyclable materials or junked motor vehicles without complying with the maintenance and fencing standards of this section.

(9) Accumulation of Garbage. Any accumulation of garbage, as defined by this title, shall conform to Chapter 7.04 WMC. (Ord. 1613 § 1 (Exh. A), 2008; Ord. 1421 § 1, 2001; Ord. 1245 § 1, 1997; Ord. 1193 § 1 (Exh. A), 1996; Ord. 1167 § 1, 1995)

18.46.230 Adult entertainment establishments.

(1) Purpose. The purpose of this section is to regulate the location, licensing and operation of adult entertainment enterprises in order to promote the health, safety and welfare of all city citizens and in order to preserve and protect the quality of, and the quality of life in and around all city neighborhoods through effective land use planning and reasonable regulation in light of the findings adopted by city council and to regulate the display of adult materials by other commercial establishments.

(2) Applicability. The provisions of this section apply to any adult entertainment establishment, as defined by subsection (3)(a) of this section, within the corporate limits of the city.

(3) Definitions. Any term used in this chapter shall be defined as follows, as it is defined under Chapter 18.06 WMC.

(a) “Adult entertainment enterprise” (also “adult entertainment establishment,” “adult business,” “adult oriented business,” “sexually oriented business” or any combination thereof used in the context of this section) means an establishment including an adult arcade, adult bookstore, adult lounge, adult encounter center, adult lotion or massage parlor, adult modeling studio, adult motel, adult movie theater, adult video store, or any similar establishment to which customers are invited or permitted access and which, for consideration of any kind, offers adult materials to such customers when:

(i) Any live, video or film adult materials are displayed to customers while on the premises of the establishment; or

(ii) Adult materials, constituting either 50 percent or more of the establishment’s stock in trade, as computed by items offered for sale, or 50 percent of gross revenue, is offered for the off-premises display to customers.

(iii) “Adult entertainment enterprises” include the following uses:

(A) Adult Arcade. “Adult arcade” means an adult entertainment enterprise, or segment thereof, which provides rooms, booths or devices, whether referred to as arcades, panoramas, peep shows, preview rooms, reading rooms or viewing booths, and regardless of the method of activation or operation, in which or upon which are produced graphic displays or other pictorial or visual images of adult material for the on-premises display to five or fewer customers at any one time;

(B) Adult Bookstore. “Adult bookstore” means an adult entertainment enterprise, or segment thereof, which offers books, magazines, record or audio tape jackets, periodicals or other printed or pictorial matter constituting or containing adult material which is offered to customers;

(C) Adult Encounter Center. “Adult encounter center” means an adult entertainment enterprise, or segments thereof, whether referred to as a lotion studio, massage parlor, sexy reading room, spa, steam bath or sauna, wherein either employees or customers, or both, display and has direct physical contact with specified anatomical areas of one another or engage in specified sexual activities with or in the presence of one another;

(D) Adult Lounge. “Adult lounge” means an adult entertainment enterprise, or segment thereof, including any bar, cabaret, lounge, tavern, theater, concert hall, auditorium or similar structure, regardless of whether such enterprise dispenses alcohol or is regulated by or under the authority of the state of Washington, wherein the live on-premises display of adult material either by employees or customers, or both, is provided or permitted;

(E) Adult Modeling Studio. “Adult modeling studio” means an adult entertainment enterprise, or segment thereof, wherein models are provided who engage in or display adult material while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by customers;

(F) Adult Motels. “Adult motels” means a commercial establishment, including hotel, motel or similar public accommodation which:

(I) Display a primary or secondary sign, visible from the public right-of-way, which advertises the establishment as an “adult” facility or advertises the availability of services set forth in subsections (3)(a)(iii)(B) or (C) of this section, and

(II) Offers sleeping rooms for rent at a reduced rate for a period of time that is less than 10 hours, or

(III) Provides to its customers facilities for on-premises viewing of adult material not transmitted over the airways.

Evidence that such establishment has, on more than three occasions in any period of 10 consecutive days; engaged in conduct described in subsection (3)(a)(iii)(F)(II) of this section shall constitute prima facie evidence that such establishment is an adult motel;

(G) Adult Movie Theater. “Adult movie theater” means an adult entertainment enterprise, or segment thereof, wherein motion picture films, video cassettes, cable television, or any other such visual media in which adult material constitutes a predominant theme are regularly displayed on-premises to more than five customers at any one time;

(H) Adult Video Store. “Adult video store” means an adult entertainment enterprise, or segment thereof, which offers still photographs, motion picture film, video cassettes or other recorded visual images or pictorial representations constituting or containing adult materials for off-premises display.

(b) “Adult material” means any material, conveyed or communicated by live performance, still photograph, printed or pictorial matter, motion picture film, slide, video cassette, recorded graphic or visual imagery, human conduct, or any other medium which material is intended to provide sexual stimulation or sexual gratification and which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. “Adult material” also includes any instrument, device or paraphernalia designed for use in connection with specified sexual activities.

(d) “Church” means a permanently located building primarily used for religious worship, or as defined by WMC 18.06.240.

(e) “Establishment” means any business engaged in with the object of gain, benefit or advantage, direct or indirect, to the owner, operator or another person, including any business use, commercial use, home business or home occupation regulated under this title, but excluding:

(i) Churches, as defined in this section;

(ii) Any private or public college or university, as defined in and regulated by RCW Title 28B;

(iii) Health care professionals, as defined in RCW 18.120.020(1);

(iv) Hospitals, as defined in and regulated by RCW Title 70;

(v) Any recognized historical society or museum, any college or university library, or any other archive or library under the supervision of the state, county, a municipality or other political subdivision;

(vi) Nursing homes, as defined in RCW 18.51.010(1);

(vii) Private or public schools, as defined in and regulated by RCW Title 28A;

(viii) Any facility operated by the state, county, city, a municipality or other political subdivision;

(ix) Vocational education programs, as defined in or regulated by RCW Title 28C or by this title.

(f) Conduct Any Business. Any person who does any one or more of the following shall be deemed to be “conducting business”:

(i) Operates a cash register, cash drawer or other depository on the premises of an establishment where cash funds, other instruments, or records of credit card or other credit transactions generated in any manner by the operation of the establishment or the activities conducted therein are kept;

(ii) Displays or takes orders from any customer for any merchandise, goods, entertainment or other services offered on the premises of the establishment;

(iii) Delivers or provides to any customer any merchandise, goods, entertainment or other services offered on the premises of the establishment;

(iv) Acts as a door attendant to regulate entry of customers or other persons into the premises of the establishment; or

(v) Supervises or manages other persons in the performance of any of the foregoing activities on the premises of the establishment.

(g) “Contact” means the performance of any specified sexual activity or any touching, clothed or unclothed, direct or indirect, of specified anatomical areas.

(h) “Customer” means any person 18 years of age or older who:

(i) Is allowed to enter a regulated establishment, in return for the payment of an admission fee or any other form of consideration or gratuity;

(ii) Enters a regulated establishment and purchases, rents or otherwise partakes of any merchandise, goods, entertainment or other services offered therein; or

(iii) Is a member, guest or invitee of and on the premises of a regulated establishment operating as a private club.

(i) “Day care center” means a building and premises in and on which individuals are cared for during some portion of a 24-hour period, as further defined at Chapter 18.06 WMC.

(j) “Department” means the community development department of the city of Washougal.

(k) “Display” means any performance or exposure of adult materials or the rendition of any services involving or relating to the performance or exposure of adult materials to customers for consideration of any kind when customers are allowed to read or view such material in its entirety or to inspect or handle such material outside of opaque sealed containers. The physical delivery of printed matter or of goods or merchandise in sealed containers, for any consideration, to customers without on-premises performance or exposure, or rendition of services, is not a display.

(l) “Display surface” means the entire surface of a sign, on one side, devoted to exhibiting advertising. The “display surface” shall not include the sign frame and incidental supports thereto.

(m) “Employee” means any person who renders any service whatsoever to the customers of an establishment or who works in or about an establishment or who receives compensation for such services or work from the operator or owner of the establishment or from any customer therein.

(n) “Exterior portion” means any part of the physical structure of a regulated establishment, including a wall, veneer, door, fence, roof, roof covering, fascia or window, which is visible from any public property, public way, or common area.

(o) “Interior portion” means any part of the physical structure of a regulated establishment to which customers are invited or allowed access, including restrooms.

(p) “Library” means any library of any college or university, any archive or library under the supervision of the state, county, city, a municipality or other political subdivision, including any recognized historical society or museum.

(q) “License, adult entertainment license” means a current, valid document issued by the community development department of the city pursuant to this chapter to an operator of an adult entertainment enterprise.

(r) “Licensee” means the person or persons to whom an adult entertainment license is issued.

(s) “Operator” means the manager or other natural person principally in charge of a regulated establishment.

(t) “Owner” means the proprietor, if a sole proprietorship, all partners (general and limited) if a partnership, or all officers, directors, and persons holding 10 percent or more of the outstanding shares of a corporation. The term owner shall not include any limited partner or shareholder who has given the operator a statement under oath that he or she does not desire to be listed on the license application and that he or she waives any right to any notice that is required or permitted to be given under this chapter.

(u) “Park” means publicly owned real property dedicated to recreational uses.

(v) “Community development director” means the community development director of the city.

(w) “Regulated establishment” means any adult entertainment enterprise as defined in this chapter.

(x) “Residential zone” means any real property zoned for urban or rural single-family or multifamily residential use pursuant to this title.

(y) “School” means a building where persons regularly assemble for the purpose of instruction or education together with the playgrounds, stadia and other structures or grounds used in conjunction therewith. The term “school” is limited to public and private schools used for primary or secondary education, in which regular kindergarten or grades one through 12 classes are taught or special educational facilities in which students who have physical or learning disabilities receive specialized education in lieu of attending regular classes in kindergarten or any of the grades one through 12. The term “school” shall be construed to encompass all associated and adjoining real property which is then dedicated and used for school purposes.

(z) “Police chief” means the police chief of the city.

(aa) “Sign,” in addition to the meanings prescribed in this title, means any display, design, pictorial or other representation, which shall be so constructed, placed, attached, painted, erected, fastened or manufactured in any manner whatsoever so that the same is visible from the outside of a regulated establishment and that is used to seek the attraction of the public to any goods, services or merchandise available at such regulated establishment. The term “sign” shall also include such representations painted on or otherwise affixed to any exterior portion of a regulated establishment as well as such representations on or otherwise affixed to any other part of the tract upon which such a regulated establishment is situated.

(bb) “Specified anatomical areas” means:

(i) Less than completely and opaquely covered:

(A) Human genitals, pubic region or pubic hair,

(B) Buttock,

(D) Any combination of the foregoing listed in this subsection; or

(ii) Human male genitals in a discernibly erect state, even if completely and opaquely covered.

(cc) “Specified sexual activities” means:

(i) Human genitals in a discernible state of sexual stimulation or arousal;

(ii) Acts of human masturbation, sexual intercourse or sodomy;

(iii) Fondling or other erotic touching of human genitals, pubic region or pubic hair, buttock or female breast or breasts; or

(iv) Any combination of the foregoing listed in this subsection.

(4) Procedures. Requests to establish an adult entertainment establishment shall be processed as a Type II application, pursuant to Chapter 18.94 WMC.

(5) Submittal Requirements. In addition to the information required by WMC 18.94.050, the applicant shall submit the following information:

(a) A site plan, prepared in accordance with the provisions of Chapter 18.88 WMC;

(b) A written description of the proposal, including details of the type or types of adult enterprises to be operated by the prospective licensee (e.g., arcade, bookstore, lounge, encounter center, lotion or massage parlor, modeling studio, motel, movie theater, video store) and shall specify whether the enterprise will involve live on-premises display or on-premises display;

(c) Exterior, signage and interior plans drawn to scale and accurate to plus or minus six inches which cover the applicable requirements and provisions of the city sign code.

(6) Criteria. The community development director shall approve a request for an adult entertainment establishment if the applicant and proposal meets all of the following criteria:

(a) Applicant Requirements. The intended operator, any owner, or any present or intended employee shall not have, within the 24-month period preceding the filing of the application, been convicted of any of the following offenses:

(i) Promoting pornography, RCW 9.68.140;

(ii) Rape in the first degree, RCW 9A.44.040;

(iii) Rape in the second degree, RCW 9A.44.050;

(iv) Rape in the third degree, RCW 9A.44.060;

(v) Statutory rape in the first degree, RCW 9A.44.070;

(vi) Statutory rape in the second degree, RCW 9A.44.080;

(vii) Statutory rape in the third degree, RCW 9A.44.090;

(viii) Indecent liberties, under either RCW 9A.44.100(1)(a) or 9A.44.100(1)(b);

(ix) Indecent exposure, RCW 9A.88.010;

(x) Prostitution, RCW 9A.88.030;

(xi) Promoting prostitution in the first degree, RCW 9A.88.070;

(xii) Promoting prostitution in the second degree, RCW 9A.88.080;

(xiii) Permitting prostitution, RCW 9A.88.090;

(xiv) Distributing controlled substance, RCW 69.50.406; or

(xv) A substantially similar offense under the laws of another state.

(b) Location Requirements. Adult entertainment establishments shall meet the following locational criteria:

(i) Conflicting Uses. No adult entertainment enterprise shall be permitted if the same is hereinafter located within 500 feet of any residential zone, school, church, day care center, park or public service facility, such as City Hall or social service center; provided, that such distance requirement shall not apply to use separated by a limited access freeway. Measurements, for purposes of this section, shall be made on a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the adult entertainment enterprise to the nearest point on the property line of such school, church, day care center, park or residential zone.

(ii) Other Adult Entertainment Uses. No adult entertainment enterprise shall be permitted nor conduct any business within 1,000 feet of any other adult entertainment enterprise operating under a current and valid adult entertainment license; provided, that such distance requirement shall not apply to adult entertainment enterprises separated by a limited-access freeway. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the applicant’s adult entertainment enterprise to the nearest point on the property line of any other adult entertainment enterprise.

(i) Visual Access. No license shall be issued or continued for an adult entertainment enterprise, if the merchandise or activities of the adult entertainment enterprise are visible from any point outside such enterprise.

(ii) Exterior Decor. No license shall be issued or continued for an adult entertainment enterprise, if the exterior portions of such enterprise have flashing lights, or any words, lettering, photographs, silhouettes, drawings or pictorial representations of any manner.

(d) Interior Regulations. The interior of the establishments shall meet the following criteria:

(i) Lighting Requirements. No permit shall be issued or continued for an adult entertainment enterprise unless such enterprise installs or maintains, except during actual projection of films by adult movie theaters, overhead lighting fixtures of sufficient intensity to illuminate every place within the interior of the premises to which customers will be permitted access at an illumination sufficient to read 12-point type.

(ii) Interior Sight and Setback Requirements. Except for an adult motel, no license shall be issued or continued for any adult entertainment enterprise unless the floor plan, as built and maintained, provides for the following:

(A) Unobstructed Observation. Unobstructed observation, from any manager station or stations, measured in a straight line, must be possible so that all customers are visible from the waist down at all times in any portion of the interior of the enterprise. For purposes of this section, doors, curtains, partitions, racks, shelves or display racks shall be deemed obstructions. This section shall not apply to restrooms within the premises.

(B) Live Display Areas and Setbacks. In the case of adult lounges, adult modeling studios or like enterprises which provide live on-premises display of adult material, in addition to the requirements of subsection (6)(d)(ii)(A) of this section, all areas where such display will occur shall be raised to a height of not less than two feet and shall be separated by a setback area of a distance often lineal feet from any customer observation area, measured in a straight line from the nearest point of the display area to the nearest point of customer observation.

(7) Floor Plans for Permitted Establishments. No license shall be issued or continued for an adult entertainment enterprise unless a floor plan is submitted with any original, transfer or renewal application. Such floor plan shall accurately reflect the interior floor plan of the enterprise at the time of filing of the application and shall designate:

(a) All portions of the enterprise to which customer access will not be permitted;

(b) The location of any manager’s station or stations and cash registers;

(d) The location of all restrooms;

(e) The location of all partitions, rooms or booths and the entrances to such rooms or booths;

(f) The location of all fire exits;

(g) In the case of an adult lounge or adult modeling studio or similar establishment, the location where any live on-premises display will occur and the exact distance, measured in a straight line to the nearest point for customer observation; and

(h) The place within the interior of the establishment where the permit of occupancy and adult entertainment license shall be posted, if granted.

(8) Alterations to Permitted Establishments. No additions or alterations to any approved floor plan, other than the removal of booths, rooms or partitions, may be made without prior written approval of the community development director upon written application by the licensee, supported by a floor plan, as required by this section, showing the nature and extent of such addition or alteration. No application for a modified permit of occupancy shall be accepted for filing without payment in full of a fee of $50.00. Alteration to floor plans of a permitted establishment shall be processed as a Type I land use action, pursuant to Chapter 18.94 WMC. (Amended during 9/08 supplement; Ord. 1613 § 1 (Exh. A), 2008; Ord. 1421 § 1, 2001; Ord. 1259 § 1, 1997)

18.46.240 Zero lot line developments.

Zero lot line development shall be permitted as provided for in Table 18.14-1, subject to the following conditions:

(1) Dwellings shall have no more than one common wall;

(2) There shall be no more than two dwellings per zero lot line development. Three or more dwellings with common walls is considered a townhouse development;

(3) With the exception of the zero lot lines, all other setbacks of the underlying zone shall be met;

(4) Parking shall be provided at a ratio of two spaces per dwelling unit;

(5) The density of zero lot line development shall not exceed that permitted by the underlying zone. (Ord. 1421 § 1, 2001; Ord. 1264 § 1, 1997)