Chapter 17.22
DEVELOPMENT STANDARDS

Sections:

17.22.010    Purpose.

17.22.020    Parking and loading.

17.22.030    Lighting and landscaping.

17.22.040    Fences.

17.22.045    Vision triangle clearance.

17.22.050    Swimming pools.

17.22.060    Development design standards.

17.22.070    Architectural design standards.

17.22.080    Home occupations.

17.22.090    Repealed.

17.22.100    Open.

17.22.110    Shoreline master program.

17.22.010 Purpose.

The purpose of this chapter is to describe requirements, restrictions and standards of general application to all development within all zoning districts unless otherwise provided. (Ord. 1387 § 1, 2015; Ord. 1289 § 1 (Exh. A), 2011; Ord. 1202 § 2 (Exh. A), 2009)

17.22.020 Parking and loading.

The parking standards set out in this chapter are intended to assure adequate off-street parking, reduce on-street parking, increase traffic safety, maintain smooth traffic flow, and reduce the visual impact of parking lots.

A. The following provisions apply to all parking and loading facilities:

1. The off-street parking and loading facilities required by this chapter shall be provided as a part of any addition to the floor area of a structure or change in use. Required facilities shall be provided before the occupancy of any new or enlarged structure is permitted.

2. Required off-street parking spaces shall provide vehicle parking only for residents, customers, patrons and employees, unless otherwise permitted in this section. Off-street parking areas shall not be used for storage of materials in commercial and industrial zones, or for the sale, repair or servicing of any vehicle.

3. Any area once designated for required off-street parking shall not be used for other purposes until equal facilities are provided elsewhere or the use of the property is changed to a new use requiring less off-street parking.

4. All parking required by this title shall be installed prior to occupancy or commencement of use, unless otherwise approved by planning official. No permanent certificate of occupancy shall be issued until all required parking improvements are completed.

5. Lighting of parking facilities and loading areas shall be hooded and/or arranged to reflect away from adjoining properties and streets.

B. Driveway and parking stalls shall conform to the following table, which is hereby adopted as the schedule of minimum parking dimensions:

ANGLE OF PARKING

STALL WIDTH

CURB LENGTH PER CAR

STALL DEPTH

MINIMUM DRIVEWAY WIDTH

Along Curb 0°

8'

23'

8'

12'

30°

9'

18'

17'3"

11'

45°

9'

12'7"

19'8"

13'

60°

9'

10'4"

21'0"

18'

90°

9'

9'

19'

24'

C. The following rules shall apply in the determination of the number of required off-street parking spaces:

1. If the number of off-street parking spaces contains a fraction, such number shall be rounded up to the next higher whole number.

2. When different uses occupy a single structure or lot, the total required parking spaces shall be the sum of the required parking spaces of the individual uses.

3. Owners of two or more uses, structures, or parcels of land within 300 feet of each other may share the same parking or loading area when the hours of operation do not overlap. The owners of two or more uses, structures, or parcels within 300 feet of each other may also share facilities concurrently; however, the total parking requirements shall be the sum of the requirements for each individual use. Whenever shared parking is allowed under this section, the parking lot shall be signed so as to reasonably notify the public of the availability of use, and spaces shall not be assigned, allocated or reserved between uses. A parking agreement approved by the planning official shall be filed with the county auditor whenever two or more uses propose to share off-street parking facilities. The agreement may not be changed without the approval of the planning official.

4. Parking spaces in tandem, having a single means of ingress and egress, shall not be counted as two off-street parking spaces except for one-family or two-family dwellings where tandem parking may be allowed.

D. Off-street facilities shall be located according to the following:

1. For one-family and two-family dwellings:

a. Parking facilities less than 30 feet from city right-of-way or public road shall be paved with asphalt, concrete pavers, concrete pavement, concrete brick or combination thereof and shall be located on the same lot or building site as the buildings they are required to serve. The parking facilities shall at a minimum have a paved pad 20 feet in width. All stormwater drainage must be retained on site;

b. Parking facilities greater than 30 feet from city right-of-way or public road may use any of the above listed surfacing or gravel with either of the following compositions: (i) a minimum of two-inch thickness of five-eighths-inch gravel or (ii) a base of five-eighths-inch gravel with additional surfacing material that is accepted by the city. The substitute surfacing material shall be designed and applied to be maintained at such level so as to eliminate dust and/or mud. The parking facilities shall at a minimum have a concrete pad paved 20 feet in width and in front of the carport/garage, no less than 20 feet in length, and an eight-foot transition area between city right-of-way and driveway. Transition area must be paved with asphalt, concrete pavers, concrete pavement, concrete brick or combination thereof. All stormwater drainage must be retained on site;

c. Front and/or side yard parking facilities requirements:

i. No more than 33 percent of total front and side yard area may be used for additional off-street parking facilities;

ii. Must have an entrance or access from main driveway for additional parking facilities. Any additional entrance point(s) must be approved in writing by the public works director and the building official;

iii. All stormwater drainage must be retained on site;

2. For hospitals, convalescent, nursing or rest homes, parking facilities shall be located not more than 150 feet from the buildings they are required to serve and be part of the same property;

3. For uses other than those specified in this section, parking facilities shall not be located over 300 feet from the buildings they are required to serve;

4. Groups of five or more parking spaces shall be served by a driveway so that no vehicle backing or maneuvering movement will occur within a public right-of-way other than alley.

E. Every new lot or portion thereof and associated driveways, which is used for a public or private parking lot, including car sales lots, shall be constructed in the following manner:

1. Surfacing. The surface of any required off-street parking or loading facility shall be paved with asphalt, concrete pavers, concrete pavement, concrete brick or combination as per subsection (D)(1)(a) of this section unless meeting the general requirements of subsections (D)(1)(b) and (c) of this section and in accordance with the city’s stormwater drainage ordinance. Paving shall be with a minimum of two-inch-thick asphaltic surfacing on an aggregate base, or an equivalent surfacing acceptable to the reviewing official, so as to eliminate dust or mud. Porous paving, such as pervious asphalt, pavers, or concrete, may be considered for use when the proposed application is in accordance with the city’s stormwater drainage ordinance.

2. Grading and Drainage. Grading and drainage must be done so all surface water is disposed of on site. Grading and drainage facilities shall be designed according to and comply with standards of the Department of Ecology Stormwater Management Manual for Eastern Washington (most recently adopted version) and approved by the public works director and the building official.

3. Border Barricades. Any parking, vehicle storage or motor vehicle sales area abutting the street property line shall provide a concrete curb or timber barrier at least six inches in height and located at least two feet from the street property line. The curb or barrier shall be securely anchored. No curb or barrier shall be required across any driveway or entrance to the parking area, or if the parking lot is separated from the street by a fence or hedge.

4. Markings. All parking spaces (except motor vehicle sales area) shall be marked by durable painted lines at least four inches wide and extending the length of the stall or by curbs or other means approved by the reviewing official to indicate individual parking stalls. Signs or markers located on the parking lot surface shall be used as necessary to ensure safe and efficient use of the parking lot. Single-family housing is exempt from this provision.

5. Any remodel and/or alteration that would expand the footprint of the existing structure would trigger compliance.

6. Improvements worth 25 percent or more of the assessed value of the structure(s) which may or may not expand the footprint of the existing structure would trigger compliance.

7. The value of said improvements is not required to exceed the current condition of the street which fronts the property.

F. Off-street loading and unloading spaces shall be required for any use requiring frequent loading or unloading from trucks or other large vehicles:

1. The required loading space shall be of adequate size to accommodate the maximum number and size of vehicles simultaneously loading or unloading at the structure. Each off-street loading space shall have the minimum dimensions of 12 feet in width and 25 feet in length. Loading space shall not include any area designated for off-street parking.

2. Required off-street loading and related maneuvering space shall be located only on or abutting the property served. No part of any vehicle using the loading space shall project into the right-of-way of public thoroughfare.

3. All loading spaces and associated driveways shall be surfaced with asphalt or concrete and designed and constructed in accordance with city standards.

G. The following conditions shall apply to all existing buildings and uses with nonconforming parking:

1. Any use which is nonconforming in terms of required off-street parking and/or loading facilities may continue to operate; provided, that the number of existing off-street parking spaces shall not be reduced.

2. When an existing structure with nonconforming parking and/or loading is expanded, or a nonconforming use is changed to another nonconforming use and additional parking/loading is required, the additional facilities shall be provided to bring the building or use into compliance.

3. Uses may be added or changed within structures in the commercial and manufacturing zone without the requirements of additional off-street parking/loading facilities. However, when new floor area is added to any structure in these zones, off-street parking/loading facilities (computed only for the floor area being added) shall be provided.

4. When the use of an existing lot or structure with nonconforming parking is changed to another use listed in the table of permitted uses, the nonconformity shall cease and the new use shall provide all the required off-street parking in accordance with the provisions of this chapter, except as may be authorized pursuant to variance.

H. Handicapped parking shall be provided in accordance with applicable state law.

I. A minimum of off-street parking spaces shall be provided as follows:

1. Residential Uses.

a. Single-family dwelling: two spaces;

b. Two-family dwelling: four spaces;

c. Multifamily dwelling: two spaces for each dwelling plus one guest space for each five units;

d. Convalescent homes, homes for the aged or children and group homes: one space for each two beds.

2. Commercial Uses.

a. Automotive maintenance and service shops: four spaces for each service bay, including working bays;

b. Barber or beauty shop: one space for each 75 square feet of gross floor area;

c. Bowling alleys: five spaces for each alley;

d. Game rooms, card rooms, electronic game rooms or meeting halls: one and one-half parking spaces for each two seats of playing tables or machines. This is in addition to parking spaces required for other uses;

e. Churches, synagogues, temples: one parking space for each three fixed seats (or 54 inches of bench type seating) plus one parking space for each 40 square feet of general reception/gathering area;

f. Farm supplies: one space for each 800 square feet of gross floor area;

g. Financial institutions, banks: one space for each 200 square feet of gross floor area;

h. Food and drugstores: one space for each 200 square feet of gross floor area;

i. Funeral parlors: one parking space for each three fixed seats (or 54 inches of bench type seating) plus one parking space for each 40 square feet of general reception/gathering area;

j. Gymnasiums, auditoriums and exhibition halls: one space for each four seats;

k. Hardware store: one space for each 300 square feet of gross floor area, including permanent outside sales area;

l. Lumber yards: one space for each 400 square feet of gross floor area including outside storage;

m. Medical and dental offices: one space for each 200 square feet of gross floor area;

n. Motel/hotel: 1.2 spaces for each sleeping unit;

o. Movie theaters: one space for each four seats;

p. Motor vehicle or machinery sales: one space for each 500 square feet of showroom plus one space for each 1,000 square feet of retail sales floor area;

q. Museums/art galleries: one space for each 100 square feet of gross floor area;

r. Multiple-use centers (three or more uses with shared parking):

i. Having less than 25,000 square feet of gross floor area: one space for each 300 square feet of gross floor area;

ii. Having 25,001 to 400,000 square feet of gross floor area: four spaces for each 1,500 square feet of gross floor area;

iii. Having 400,001 to 600,000 square feet of gross floor area: five spaces for each 2,250 square feet of gross floor area;

iv. Having more than 600,001 square feet of gross floor area: six spaces for each 2,750 square feet of gross floor area;

s. Personal service establishments and community centers not otherwise listed: one space for each 400 square feet of gross floor area with a minimum of two spaces for any use;

t. Preschools/day care centers: one space for each employee plus one space for each six children;

u. Professional office building for use by accountants, architects, attorneys, etc.: one space for each 200 square feet of gross floor area;

v. Residential mini-storage: one space for each 300 square feet of gross floor area of office space;

w. Restaurants, cafes, and drive-in eating facilities: one space for each 50 square feet of indoor public area and one space for each 200 square feet of outdoor public eating area;

x. Retail service establishments not listed in this section:

i. Having less than 25,000 square feet of gross floor area: one space for each 300 square feet of gross floor area;

ii. Having 25,001 to 400,000 square feet of gross floor area: four spaces for each 1,500 square feet of gross floor area;

iii. Having 400,001 to 600,000 square feet of gross floor area: five spaces for each 2,250 square feet of gross floor area;

iv. Having more than 600,001 square feet of gross floor area: six spaces for each 2,750 square feet of gross floor area;

y. Self-service laundry: one space for every three washing/drying machines;

z. Schools – primary, elementary, middle, and junior: three parking spaces for each classroom, or one space for each three seats (54-inch bench type seating) in the assembly area, whichever is greater;

aa. Schools – senior high school: same as primary, elementary, middle schools plus one space for each four students over the age of 16 years old;

bb. Taverns and bars, dine, drink and dance establishments: one space for each 75 square feet of gross floor area;

cc. Vocational and business schools: one space for each 400 square feet of gross floor area;

dd. Wholesale establishments: one space for each 2,000 square feet of gross floor area.

3. Manufacturing Uses.

a. Building and contractors: one space for each employee per maximum shift or 800 square feet of gross floor area;

b. Manufacturing: one space for each 1,000 square feet of gross floor area; provided, that additional parking shall be provided for any retail sales or office space at the ratio required in this section;

c. Storage facilities: two spaces for the first 1,000 square feet of gross floor area plus one space for each additional 3,000 square feet;

d. Warehouses: one space for each 300 square feet of gross floor area.

4. Institutional Uses.

a. Hospital: one and one-half spaces for each bed.

5. The parking requirement for any use not listed above shall be established by the city based on the requirement for the listed uses deemed to be most comparable in terms of parking demand or on standards in the building code.* (Ord. 1387 § 1, 2015; Ord. 1300 § 2, 2012; Ord. 1289 § 1 (Exh. A), 2011; Ord. 1213 § 17, 2009; Ord. 1202 § 2 (Exh. A), 2009)

* Code reviser’s note: Section 5 of Ord. 1300 includes the following provisions regarding time allowed for compliance: For any new construction built between January 1, 2006, and April 16, 2012, such properties are deemed nonconforming and must be brought into compliance with the provisions hereof by the earlier of (a) May 1, 2015, or (b) date of permit issuance for improvements set forth in subsection (E)(5) or (6) of this section.

17.22.030 Lighting and landscaping.

A street light shall be installed at each street intersection and at midblock if the block exceeds 500 feet in length in all zones. Street lights shall meet the city of Zillah design and construction standards (Chapter 15.10 ZMC) and the placement provided by the planning or building official. Lighting improvements shall become the property of the city of Zillah upon installation and will thereafter be maintained by the utility company. In new developments, installation of street lighting is the developer’s responsibility and part of the final approval of the plat. Lighting shall be provided to illuminate any off-street parking or loading space used at night. When provided, lighting shall be directed to reflect away from adjacent properties.

Where required by this title or as a condition for a rezone, conditional use permit, special use permit, or unclassified use permit, the proposed development shall provide landscaping so that:

A. Neighboring properties are shielded from any adverse external effects of that development;

B. The development is shielded from the negative impacts of adjacent uses such as streets;

C. When determining which buffering requirements apply between two different principal uses on the same lot and another adjacent use, the city shall utilize the more intensive use to select the appropriate buffer;

D. Significant existing vegetation is retained and incorporated into the new landscaping design, when appropriate;

E. In the C-T zone, the following landscaping standards apply:

1. Any use in the C-T zone which abuts or faces property used for residential purposes shall provide along the property edge facing or abutting property residential purposes a landscaped area at least 10 feet in width which shall be used and maintained as a screening strip, on which shall be placed hedges, evergreens, shrubbery or other suitable planting or screening materials. This requirement shall not apply to access ways.

2. It shall also be a requirement that a minimum of 10 percent of the total lot area being developed in a C-T zone be dedicated for landscaping purposes.

3. In the C-T zone, lighting for any permitted use or sign shall be arranged so as not to reflect or cause glare onto any abutting property used for residential purposes. Additionally, lighting shall be arranged so as not to interfere with the safe operation of motor vehicles. (Ord. 1387 § 1, 2015; Ord. 1289 § 1 (Exh. A), 2011; Ord. 1213 § 18, 2009; Ord. 1202 § 2 (Exh. A), 2009)

17.22.040 Fences.

In all zones, fences, walls and hedges are subject to the following standards:

A. “Fences, walls and hedges” refers to structures, features, or plant life that serves as a barrier or provides separation of one’s property from his neighbors, and is located on or near their mutual property lines.

B. Fences shall not exceed a height of six feet (side and rear yard) and shall not exceed a height of four feet in the front yard area from the front of the main building to the sidewalk setback.

C. For corner lots, the following shall apply:

1. Any fence, wall or hedge shall not exceed a height of four feet within the applicable street setback;

2. Fences, walls, and hedges having a maximum height of six feet shall be permitted on side yards so long as they are not placed within the applicable street setback and do not come in conflict with the vision clearance triangle;

3. Side yard fences of the proper height may extend in front yards to a point equal to the front of any building on an adjoining lot if the adjoining lot is in an R-1, R-2, R-3, or SR zone;

4. No fence may be constructed on any lot that does not comply with the vision clearance triangles described in this title; and

5. Rear yard fences shall not exceed a height of six feet; provided, that by conditional use permit fences of any height may be permitted for special uses such as tennis and handball courts, swimming pool, etc.

D. Any fence abutting the intersection of an alley with a street shall not exceed a height of four feet within the applicable street setback.

E. All fence construction requires a building permit. (Ord. 1387 § 1, 2015; Ord. 1289 § 1 (Exh. A), 2011; Ord. 1202 § 2 (Exh. A), 2009)

17.22.045 Vision triangle clearance.

A. Vision Clearance Triangle. No fence, wall, hedge, shrub, structure or other obstruction to view which is over 42 inches in height shall be erected, placed or maintained within a triangle formed by the property line immediately adjacent to a street, road right-of-way, or nonresidential drives. (Ord. 1387 § 1, 2015)

17.22.050 Swimming pools.

In all districts, a three-foot setback from the side and rear property lines shall be maintained. Applicable front and side setbacks from street rights-of-way shall be observed. The area around the pool shall be enclosed by a protective fence of not less than six feet in height. (Ord. 1387 § 1, 2015; Ord. 1289 § 1 (Exh. A), 2011; Ord. 1202 § 2 (Exh. A), 2009)

17.22.060 Development design standards.

Any street plan requirements, water system, irrigation system, sewer system, or stormwater system shall be designed in accordance with the adopted city design and construction standards and specifications for public work improvements. Any alleys, easements, blocks, lots, building materials, roof pitch, public sites and open spaces within any proposed plat or development shall be designed in accordance with the following provisions:

A. Alleys shall be provided in commercial and industrial districts, except that the city may waive this requirement where other definite and assured provision is made for service access, such as off-street loading, unloading and parking consistent with and adequate for the uses proposed:

1. The minimum width of an alley shall be 20 feet;

2. Alley intersections and sharp changes in alignment shall be avoided, but where necessary corners shall be cut off sufficiently to permit safe vehicular movement; and

3. Dead-end alleys shall be avoided where possible, but, if unavoidable, may be approved with adequate emergency vehicle turnaround facilities at the dead-end.

B. Easements across lots or centered on rear or side lot lines shall be provided for utilities on an as needed basis:

1. Where a subdivision is traversed by a watercourse, drainage way, channel or stream, there shall be shown a stormwater or drainage easement conforming substantially to the lines of such watercourse, and such further width for construction, or maintenance, or both, as will be adequate for the purpose. Parallel streets or parkways may be required in connection therewith; and

2. A 10-foot pedestrian walking easement, parallel and adjacent to the water’s edge at any given time, shall be provided on natural streams and creeks along or within a proposed subdivision. If a stream or creek traverses the interior of a subdivision, walk easements shall be provided on both sides of the natural stream or creek.

C. Block lengths and widths shall conform to the most advantageous development of adjoining areas and the entire neighborhood; provide conformity with the comprehensive plan; consider topographic constraints, lot size, critical areas, proposed land use, traffic flow; and the following standards:

The lengths, widths and shapes of blocks shall be determined with due regard to:

1. Provision of adequate building sites suitable to the special needs of the type of use contemplated;

2. Needs for convenient access, circulation, control and safety of street traffic;

3. Limitations and opportunities of topography;

4. Block length shall not exceed 1,000 feet; and

5. Pedestrian crosswalks, not less than 10 feet wide, may be required where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation and other commercial and community facilities.

a. Block lengths shall not exceed a maximum of 1,000 feet and a minimum of 200 feet between street lines. The public works director is vested with the authority to vary these standards if circumstances such as topographic conditions or present lot configurations exist that prevent the use of these standards. The public works director shall determine that varying these standards would not adversely affect adjacent properties.

b. The width of blocks shall be sufficient to allow for two tiers of lots with depths consistent with the type of land use proposed. The width shall not be less than 140 feet or the sum of two lot depths, except one tier of lots is encouraged between a residential street and an arterial street. The public works director is vested with the authority to vary these standards if circumstances such as topographic conditions or present lot configurations exist that prevent the use of these standards. The public works director shall determine that varying these standards would not adversely affect adjacent properties.

c. For lots with access provided by cul-de-sacs or looped streets, the standards noted in this section may be modified by the public works director to require block lengths and widths that lend themselves to later resubdivide in accordance with the standards prescribed in this chapter, ZMC Title 15 and the Zillah comprehensive plan.

D. The lot size, width, depth, shape and orientation shall be in accordance with the applicable zoning laws:

1. Corner lots for residential use shall have extra width to permit appropriate building setback from and orientation to both streets;

2. The subdividing of the land shall be such as to provide, by means of a public street, or approved private street, each lot with satisfactory access to an existing public street; and

3. Double frontage and reverse frontage lots should be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. An easement of at least eight feet shall be provided along the line of lots abutting such a traffic artery.

E. City park facilities shall be centralized in a few locations and should not be located in locations throughout the city. Numerous small locations are inefficient in providing the care and maintenance of the parks. As part of Chapter 13.38 ZMC, or herein amended, funds shall be collected at the same time as the purchase of a city building permit. The monies received as a result of said developer fees shall be utilized by the city of Zillah for the acquisition of or improvement to park grounds and open spaces within the city limits of Zillah. Said fees imposed shall be collected prior to the issuance of a building permit.

F. Metal or aluminum siding buildings meeting the design requirements and spirit of the Old World design standards will be allowed in the commercial (C-1) or commercial-tourism (C-T) zones located within the boundaries designated on the design district maps 1 and 2 of the city adopted Old World design standards.

G. Except for multifamily structures, the following design standards shall apply to all newly constructed or newly placed dwellings in the R-1 and SR zones:

1. The main roof of all dwellings shall have a minimum 5:12 pitch; except dwellings with less than a 5:12 pitch legally established as of the effective date of the zoning code shall be permitted to be rebuilt, altered, enlarged or remodeled without the roof being changed to a 5:12 pitch. (Ord. 1387 § 1, 2015; Ord. 1289 § 1 (Exh. A), 2011; Ord. 1202 § 2 (Exh. A), 2009)

17.22.070 Architectural design standards.

A. Any and all construction, alterations or modifications to buildings, structures, walkways, signs, landscaping or lighting, and designs on properties located within the boundaries designated on the design district maps 1 and 2 attached to the ordinance codified in this chapter, except for existing single-family residence dwellings not used for commercial purposes, shall conform in exterior design to the Old World architectural theme adopted by the city. All such areas shall be designated as being in the Old World design district. These requirements shall include, but are not limited to, any painting, signage, doors, windows, wall finish, fencing, exterior improvements or substantial alteration or remodeling of structures as well as new construction. The goal is to capture the Old World character through design elements representative of the land and surrounding area. Important elements of the design philosophy include function, appropriateness, harmony, natural materials, site orientation, and simplicity in detail.

B. Boundaries. The boundaries of the design district shall be as shown on maps, entitled “Design District Map 1 & 2,” (ZMC 15.30.030) which, together with all explanatory matter thereon, is incorporated herein by this reference.

C. The building official, in granting or denying approval of a design in accordance with this chapter, shall consider the criteria in the city of Zillah’s Old World design standards packet. It is intended to serve as guidelines for prospective developers representative of Old World design features on property located within the boundaries of the design districts. The design elements shall be incorporated, as applicable, in design proposals submitted to the building official to implement the Old World architectural theme in the city of Zillah. Decorative design details include, but are not limited to, painting, painted trim, decorative fascia, window treatments, balconies, murals, fountains, grape motifs, exterior railings, fences and gates of wrought iron, stone and/or brick veneers, large roof overhangs, detailed eaves, subtle/rich colors from “warm” palettes, architectural canvas awnings and wood pergolas, wood window shutters, columns and archways compatible with the Old World theme and street address plaques.

D. The building official may require the following structures or items to comply to the maximum extent practical and feasible with the Old World architectural theme when they are located upon or used in conjunction with any commercial building or structure on any property located within the boundaries of the design districts in the city: (1) utility boxes, (2) meters, (3) garbage receptacles and dumpsters, (4) outside fuel containers, (5) outside vending machines, (6) newspaper dispensers, and (7) public telephone booths.

1. Serving windows to outdoor, privately owned staging areas shall be set back a minimum of eight feet from the sidewalk or public right-of-way wherever possible.

2. The terms, provisions and requirements of this chapter shall be in addition to and not in lieu of the requirements set forth in the International Building Code and other uniform codes adopted by the city or in any other ordinance, state statute or regulation governing the construction, building, zoning or other similar regulations applicable to the city.

3. The painting of a new or existing building in a color different from the color originally approved shall require approval by the building official.

4. New buildings shall not be occupied or opened for business until the approved exterior design features of that building are finished. A temporary exemption may be granted by the hearing examiner for not more than six months; provided, that the reason for delayed completion is due to weather or other circumstances beyond the control of the owner.

5. Rain gutters, downspouts, and heat tapes shall be required for all eaves to eliminate the possibility of drainage onto sidewalks.

6. Exemptions for Preexisting Structures. If a preexisting structure is unable to reasonably or is unpractical to meet a certain requirement(s) of the Old World architectural theme, the building official (with verification from two other designees) may issue a written exemption stating the requirement(s) of the Old World architectural theme which cannot be complied with on the structure.

7. Landscaping shall be continuously maintained in a neat and orderly fashion such that it presents a well-kept, visually pleasing appearance at all times. Plants need to be maintained to avoid insect accumulation. Storm runoff occurring on all new lots and developments (private property) shall be retained and disposed of on site. (Ord. 1387 § 1, 2015; Ord. 1316 § 1 (Exh. A), 2012; Ord. 1289 § 1 (Exh. A), 2011; Ord. 1202 § 2 (Exh. A), 2009)

17.22.080 Home occupations.

Home occupations may be permitted as an accessory use in residences through the issuance of a conditional use permit; provided, that:

A. The home occupation utilizes no more than 25 percent of the gross floor area.

B. There is no exterior evidence of the home occupation other than signing permitted through the conditional use permit.

C. No home occupation may produce noise, vibration, smoke, odors, heat or glare which exceeds that normally produced by a single-family residence.

D. No parking shall be allowed beyond that normal to a residential area and there shall be no excessive vehicular or pedestrian traffic as a result of the home occupation.

E. Uses permitted as a home occupation may include, but are not limited to, the following:

1. Dressmaking, seamstresses, tailors;

2. Artists and sculptors;

3. Home crafts such as model making, rug weaving and lapidary work;

4. Office facility of a minister, rabbi or priest;

5. Office facility of a salesman, sales representative, or manufacturer’s representative;

6. Barber and beauty parlors;

7. Home child care with less than six children; and

8. Other uses found to be consistent with the intent of this section.

F. The following, but not limited to, are prohibited as home occupations as determined by the planning official:

1. Clinics and hospitals;

2. Group dancing and music schools;

3. Mortuaries;

4. Rental of any type of vehicles or trailers;

5. Antique, gift shops;

6. Restaurants and cafes; and

7. Vehicle repair shops. (Ord. 1387 § 1, 2015; Ord. 1289 § 1 (Exh. A), 2011; Ord. 1202 § 2 (Exh. A), 2009)

17.22.090 Critical areas management.

Repealed by Ord. 1230. (Ord. 1202 § 2 (Exh. A), 2009)

17.22.100 Open.

Reserved. (Ord. 1387 § 1, 2015; Ord. 1289 § 1 (Exh. A), 2011; Ord. 1202 § 2 (Exh. A), 2009)

17.22.110 Shoreline master program.

A. Adoption. The city of Zillah adopts by reference the Yakima County Regional Shoreline Master Plan, attached as Exhibit A, as an official control adopted pursuant to periodic review requirements of RCW 90.58.080(4)(b)(ii) and subject to any revisions required by the Department of Ecology and/or Department of Commerce.

B. Placement. The city of Zillah shoreline master program is adopted through reference and incorporated as an attachment to this section. The attachment adopted as this section consists of review criteria and standards for land use/development activities within shoreline jurisdiction. This section shall apply to all incorporated lands under the city of Zillah’s land use jurisdiction and within the jurisdiction of the SMA. (Ord. 1526 §§ 1, 2, 2021; Ord. 1387 § 1, 2015; Ord. 1289 § 1 (Exh. A), 2011; Ord. 1202 § 2 (Exh. A), 2009)