Chapter 17.15
SUPPLEMENTARY REGULATIONS
Sections:
17.15.020 Clear-vision area requirements.
17.15.030 Measurement of clear-vision areas.
17.15.040 General provisions regarding accessory uses.
17.15.070 Landscape requirements.
17.15.080 General requirements.
17.15.010 Access.
Every lot shall abut a street, other than an alley, for at least 20 feet. [Ord. 1138 § 1, 1992. Code 1966 § 17.04.010.]
17.15.020 Clear-vision area requirements.
A clear-vision area shall be maintained on the corners of all property adjacent to the intersection of two streets. A clear-vision area shall contain no planting, fence or other temporary or permanent obstruction exceeding three feet in height, measured from the top of the curb, or where no curb exists from the established centerline grade of the street, except that trees exceeding three feet in height may be permitted if the property owner meets requirements in Chapter 13.20 CMC.
[Ord. 1628 § 1, 2019; Ord. 1138 § 1, 1992. Code 1966 § 17.04.020.]
17.15.030 Measurement of clear-vision areas.
A clear-vision area shall consist of a triangular area two sides of which are street lines and the third side of which is a line across the corner of the lot connecting the ends of the other two sides. The size of a clear-vision area is determined by the distance from the intersection of the two street lines to the third side, measured along the street along the face of curb or as determined by the public works director if no curb is present. The size shall be as follows:
(1) In a residential zone, the distance determining the size of a clear-vision area shall be 20 feet;
(2) In all other zones, the distance determining the size of a clear-vision area shall be 15 feet, except that where the angle of intersection between streets is less than 30 degrees the city may require a greater distance. [Ord. 1628 § 2, 2019; Ord. 1138 § 1, 1992. Code 1966 § 17.04.030.]
17.15.035 Building height.
Building height shall be no greater than 35 feet in an R-1 low density residential, R-2 medium density residential, R-3 high density residential, or N-C neighborhood commercial zone. Building height shall be no greater than 50 feet in a D-C downtown commercial, P-C port commercial, S-C service commercial, or H-I heavy industrial zone. Building height in an M-C medical commercial zone shall be no greater than 50 feet. If the building in an M-C medical commercial zone shares a property line with a property zoned R-1 low density residential, R-2 medium density residential, or R-3 high density residential, the building height shall be no greater than 35 feet. [Ord. 1628 § 3, 2019.]
17.15.040 General provisions regarding accessory uses.
Accessory uses shall comply with all requirements for the principal use except where specifically modified by this title and in addition shall comply with the following:
(1) A home occupation when conducted as an accessory use to a dwelling in a residential zone shall be subject to the following limitations:
(a) No exterior display shall be permitted;
(b) No exterior storage of materials shall be permitted;
(c) Exterior signs shall be restricted to those generally permitted in the zone in which the home occupation is located;
(d) A home occupation which creates a nuisance because of noise, smoke, odor, dust or gas is prohibited;
(e) There shall be no other exterior indication of the home occupation. No person shall be employed other than a member of the family residing on the premises, except as permitted as follows:
(i) If a home occupation has extreme seasonal peaks, up to two persons in addition to family members may be employed for periods not to exceed a combined total of 480 hours during any calendar year; and
(ii) Off-street parking shall be provided for each employee in addition to off-street parking or customers at the rate of one space per 200 square feet of interior space devoted to the home occupation. In addition, the special requirements of CMC 17.10.040(1) shall be complied with.
(2) On-site hazardous waste treatment and storage facilities are restricted to nonresidential zones that do not prohibit the processing or handling of hazardous substances. Such facilities must meet the siting criteria adopted pursuant to RCW 70.105.210.
(3) Accessory uses may be established on a lot when the primary use of the property complies with the zoning requirements contained in this chapter.
(4) No portion of an accessory building located in an R-1 low density residential zone shall be used for the conduct of a home occupation. An accessory building in an R-2 medium density residential zone and R-3 high density residential may be used for the conduct of a home occupation business as defined in Chapter 17.01 CMC.
(5) Accessory uses shall be permitted in the rear yard areas only. A private garage may be located in front and side yards if all setback requirements for the principal use structure and the accessory building are met for the accessory use.
(6) Subject to the following restrictions and limitations specified, the following accessory buildings and uses shall be permitted in R-1 low density residential, R-2 medium density residential, R-3 high density residential, and N-C neighborhood commercial zones:
(a) Detached garages and carports, storage buildings, workshops, hobby shops, recreation rooms and other similar uses;
(b) Accessory buildings shall not exceed 16 feet in wall height. The reference datum shall be the elevation of the highest adjoining ground surface within a five-foot horizontal distance of the exterior wall of the building.
(7) No accessory building shall exceed one story in height in R-1 low density residential, R-2 medium density residential, R-3 high density residential, and N-C neighborhood commercial zones.
(8) Accessory uses on through lots or double frontage (corner) lots shall conform to all setbacks of the primary use of the property for front and rear setbacks.
(9) Exterior lighting attached to accessory buildings shall be shaded so as not to cause glare and shine onto adjacent properties. [Ord. 1628 § 4, 2019; Ord. 1311 § 1, 1999; Ord. 1138 § 1, 1992. Code 1966 § 17.04.040.]
17.15.050 Off-street parking.
(1) The requirements of this section shall apply to all new land uses in any commercial or industrial zone or land uses in any commercial zone which have an expansion or addition amounting to more than 25 percent of the total square foot area of the primary building within a five-year period or amount of improvement meets or exceeds cost of $10,000. Furthermore, the requirements of this section shall apply to all new commercial land uses or expansions and additions (as described above) where such commercial land uses are located in residential zones. Furthermore, these requirements shall also apply to any changes of use (as applicable to the above circumstances) when the existing parking is not in conformance with these requirements.
(2) Within the D-C zone, private off-street parking spaces shall not be required if public off-street parking spaces shall be available within 600 feet of the edge of the property in which a structure is erected or enlarged or the use of the existing structure is changed as set forth in this section, subject to the approval of the board of adjustment. If parking space has been provided in connection with an existing use or is added to an existing use, the parking space shall not be eliminated if it would result in less space than is required by this title.
(3) The required amount of off-street parking is set forth in the matrix of CMC 17.10.030. Where a square foot amount is specified, the area measured shall be the gross floor area of the building, but shall exclude any space within a building devoted to off-street parking or loading. Fractional space requirements shall be counted as a whole space. [Ord, 1628 § 4, 2019; Ord. 1138 § 1, 1992. Code 1966 § 17.04.050.]
17.15.060 Off-street loading.
Off-street loading shall be required as provided in this section and CMC 17.15.080. The requirements of this section shall apply to all new land uses in any commercial or industrial zone or land uses in any commercial zone which have an expansion or addition amounting to more than 20 percent of the total square foot area of the primary building within a five-year period. Furthermore, the requirements of this section shall apply to all new commercial land uses or expansions and additions (as described above) where said commercial land uses are located in residential zones. Furthermore, these requirements shall also apply to any changes of use (as applicable to the above circumstances) when the existing off-street loading is not in conformance with these requirements.
(1) Land uses which receive and distribute materials and merchandise by trucks shall provide and maintain off-street loading berths in sufficient number and size to handle adequately the needs of the particular use. Off-street parking areas used to fulfill the requirements of this title shall not be used for loading and unloading operations except during periods of the day when not required to care for parking needs.
(2) Schools. A driveway designed for a continuous forward flow of passenger vehicles for the purpose of loading and unloading children shall be located on the site of any school having a capacity greater than 25 pupils. [Ord. 1138 § 1, 1992. Code 1966 § 17.04.060.]
17.15.070 Landscape requirements.
The requirements of this section are applicable to a commercial use which has six or more off-street parking stalls. For commercial land uses which have five or fewer off-street parking stalls, the only applicable requirements are set out in subsection (2)(i) of this section. The requirements of this section shall apply to all new land uses in any commercial zone or land uses in any commercial zone which have an expansion or addition amounting to more than 40 percent of the total square foot area of the primary building within a five-year period. Furthermore, the requirements of this section shall apply to all new commercial land uses or expansions and additions (as described above) where said commercial land uses are located in residential zones. Furthermore, these requirements shall also apply to any changes of use (as applicable to the above circumstances) when the existing landscape is not in conformance with these requirements. The requirements of this section do not apply to the H-I zone.
(1) The purposes of the landscape requirements are to improve the visual quality of parking lots by making them more pleasant, attractive and compatible with the surrounding environment; to ensure safe and efficient operation of parking lots by clearly defining and delineating the potential circulation movements of motorists and pedestrians; to improve air quality and encourage energy conservation by moderating the microclimate of parking lots; to minimize the effects of noise and glare generated by parking lots to surrounding properties; and to ensure that the general appearance of parking lots will not impair an orderly and harmonious development of the community.
(2) The following standards shall be complied with:
(a) A minimum of five percent of the total site area, not including the primary building, shall be landscaped.
(b) A minimum of a five-foot-wide strip running continuous between the street right-of-way and the parking area, not including ingress and egress points, shall be landscaped. There shall be no more than one ingress/egress point per 75 feet of street frontage.
(c) A minimum of one shade tree per every 40 linear feet of required street perimeter landscaping shall be required.
(d) The incorporation and continued maintenance of any existing tree (larger than four-inch caliper size) located on the site into the landscape plan is credited as meeting the requirements of two new required trees.
(e) Deciduous shade trees shall have a minimum trunk diameter (measured six inches above normal ground line) of one and one-half inches at the time of planting.
(f) All required landscaped areas shall have living shrubs, trees and groundcover to an extent that a minimum of 60 percent of the required landscape area shall be covered with living plant material when the plants are mature.
(g) All landscape plantings shall comply with the requirements of the clear-vision area triangle as set out in CMC 17.15.030.
(h) Property owners shall maintain all required landscaping and irrigation systems to assure the survivability of the plant materials.
(i) Where either the adjacent side and/or rear property are existing residential property or are in a residential zone, a landscape sight barrier shall be planted in the required five-foot landscape strip. This landscaping is intended to provide a significant sight barrier to separate incompatible uses. The landscaping shall consist of evergreen trees or tall shrubs which will provide a 100 percent sight-obscuring screen within five years from the time of planting; or a combination of evergreen shrubs or deciduous shrubs, which are planted backed by a 100 percent sight-obscuring fence. [Ord. 1138 § 1, 1992. Code 1966 § 17.04.070.]
17.15.080 General requirements.
Off-street parking, loading and landscaping shall be as follows:
(1) The provision and maintenance of off-street parking, loading spaces and landscaping is a continuing obligation of the property owner. The property owner shall be responsible for replacing any unhealthy or dead plants for a period of two years after initial planting. No building or other permit shall be issued until plans are presented which show property that is and will remain available for exclusive use as off-street parking and loading space. The subsequent use of property for which the building permit is issued shall be conditional upon the unqualified continuance and availability of the amount of parking and loading space required by this title. Should the owner or occupant of any lot or building change the use to which the lot or building is put, thereby increasing off-street parking or loading requirements, it shall be a violation of this title to begin or maintain such altered use until such time as the increased off-street parking and loading requirements are complied with.
(2) Requirements for types of building and uses not specifically listed in this title shall be recommended by the planning commission based upon the requirements for comparable uses listed.
(3) In the event several uses occupy a single structure or parcel of land, the total requirements for off-street parking shall be the sum of the requirements of the several uses computed separately.
(4) Owners of two or more uses, structures or parcels of land may agree to utilize jointly the same parking and loading spaces when hours of operation do not overlap; provided, that satisfactory legal evidence is presented to the city in the form of deeds, leases or contracts to establish the joint use.
(5) Off-street parking spaces for dwellings shall be located on the same parcel with the dwelling. Other required parking spaces shall be located not farther than 500 feet from the building or use they are required to serve, measured in a straight line from the building.
(6) Required parking spaces shall be available for the parking of passenger automobiles of residents, customers, patrons and employees only, and shall not be used for storage of vehicles or materials or for the parking of trucks used in conducting the business or use.
(7) Reserved.
(8) A plan, drawn to scale, indicating how the off-street parking, loading and landscaping requirements are to be met shall accompany an application for a building permit. The plan shall show all elements necessary to indicate that the requirements have been met, including the following:
(a) Adjacent streets, public and private;
(b) Boundaries and dimensions of site;
(c) Location of on-site buildings;
(d) Location of on-site parking and loading spaces;
(e) Location and size of landscape areas;
(f) Locations, species and size of planting materials;
(g) Location and size of existing trees;
(h) Grading, drainage, surfacing and subgrading details;
(i) Location and dimensions of curb cuts;
(j) Location and specifications for signs;
(k) Other pertinent details.
(9) Design requirements for parking lots shall be as follows:
(a) Areas used for vehicle parking and maneuvering shall have durable and dustless surfaces. Adequately maintained crushed rock surfaces with oil or other approved dust retardant shall satisfy the above requirements.
(b) Except for parking in connection with single-family or two-family dwellings, required parking and loading areas adjacent to a residential land use shall be designed to minimize disturbance of the residents. See CMC 17.15.070(2)(i) for requirements.
(c) Artificial lighting which may be provided shall be so deflected as not to shine or create glare in any residential zone or on any adjacent dwelling.
(d) Access aisles shall be of sufficient width to permit easy turning and maneuvering.
(e) Except for single-family and duplex dwellings, groups of more than two parking spaces shall be so located and served by a driveway that their use will require no backing movements or other maneuvering within a street right-of-way other than an alley.
(f) Service drives to off-street parking areas shall be designed and constructed both to facilitate the flow of traffic and to provide maximum safety for vehicles and pedestrians. The number of service drives shall be limited to the minimum that will accommodate anticipated traffic. In no case shall service drives be less than 100 feet apart measured center to center.
(g) Driveways shall have a minimum vision clearance area formed by the intersection of the driveway centerline, the street right-of-way line and a straight line joining these lines through points 30 feet from their intersection.
(10) Certificate of Occupancy. No certificate of occupancy for property with a required off-street parking area and its related requirements shall be issued unless all required improvements are completed in accordance with an approved plan for such property. In the event that such improvements have not been completed, an occupancy permit may be issued upon the receipt by the city of a cash deposit, bond, letter of credit or other satisfactory financial guarantee in the amount of 125 percent of the estimated cost of the improvements determined by an executed contract to complete such improvements or by adequate appraisals of such cost. Any bond, cash deposit or equivalent deposited pursuant to this requirement shall be released upon certification by the building inspector that the required landscaping program has been completed and maintained in accordance with the requirements of the bond. The bond, cash deposit or equivalent shall be accompanied by an agreement granting the city and its agents the right to enter the property and perform any necessary work. The agreement shall also hold the city harmless from all claims and expenses, including attorney’s fees. Upon completion of the time limit of the bond, cash deposit or equivalent agreement, the city shall release the device. [Ord. 1628 § 5, 2019; Ord. 1138 § 1, 1992. Code 1966 § 17.04.080.]
17.15.090 Flag lot.
A flag lot shall only be permitted in a residential zone if the following conditions are met:
(1) The minimum width of the minor access (pole) portion shall be 20 feet;
(2) The computations for complying with the zoning code minimum lot size (lot width, depth and square footage) shall not include the minor portion of a flag lot;
(3) All standard requirements of the applicable zone must be met;
(4) The minor access portion shall not be included in determining setbacks;
(5) The minor access portion must be a part of the flag lot and must have deeded ownership;
(6) All required parking spaces shall be located on the major portion of the flag lot; and
(7) Any residential land division which creates two or more flag lots, with or without common access, is a major partition and may require a private street as established in Chapter 16.28 CMC. [Ord. 1282 § 1, 1998. Code 1966 § 17.04.090.]