Chapter 17.70 USE REGULATIONS

The purpose of this chapter is to establish supplemental development standards which qualify or supplement, as the case may be, the district regulations contained herein. The supplemental development standards are intended to assure land use compatibility and promote the public health, safety and welfare of the community. (Ord. 2011-29 § 5 (Att. B)).

17.70.030 Accessory buildings.

Accessory buildings shall not be permitted on a parcel prior to the existence of a principal use. The following standards shall apply to all accessory buildings in residential districts:

A. Roofing materials must be compatible and similar in relation to the primary structure;

B. Exterior siding must be compatible and similar in relation to the primary structure; and

C. In no case shall a detached garage have more square footage than the principal building and shall not be higher than the principal building. (Ord. 2011-29 § 5 (Att. B)).

17.70.050 Adult use business.

A. An adult use business shall not be permitted to locate in any zoning district other than the general business district (C-2);

B. No adult use business shall operate, and the same are prohibited from operation, within 400 feet from the nearest property line of the following:

1. Any residential zoning area.

2. Any public or private primary or secondary school.

3. Any church, synagogue, temple, mosque or other place of worship.

4. Any library, public playground or park.

5. Any public or private preschool or nursery school.

6. Any commercial day care facility;

C. No adult use business shall operate within 750 feet from the nearest property line of any other adult entertainment facility. (Ord. 2011-29 § 5 (Att. B)).

17.70.060 Caretaker’s residence.

In the commercial and industrial districts, a caretaker’s residence may be permitted by special permit as an accessory use, provided the following circumstances are demonstrated by the applicant:

A. The caretaker’s residence is solely intended to provide security for the established principal permitted use of the property;

B. The residential structure, to include factory-assembled homes, will be located on a parcel at least two times the size of the caretaker’s residence; and

C. The structure will conform to other applicable codes and regulations for residential structures. A special permit granted for a caretaker’s residence may be reviewed annually upon written request of owners of property within 300 feet of such residence or upon written request of the city clerk. In the absence of written request for review, the special permit shall automatically be extended for one year. (Ord. 2011-29 § 5 (Att. B)).

17.70.070 Communication towers.

Communication towers as defined in GMC 17.12.150 are permitted in all residential districts for noncommercial purposes provided:

A. Such structures and appurtenances shall not be located in the required front yard or in front of the front line of the dwelling or principal building;

B. Such structures shall not exceed a height of 10 feet within a required side or rear yard;

C. Such structures shall not exceed a height of 80 feet within the rear yard setback area; and

D. Not more than one such structure per lot or parcel shall exceed a height of 30 feet. (Ord. 2011-29 § 5 (Att. B)).

17.70.080 Wireless communication facilities.

Wireless communication facilities are permitted under the following conditions:

A. Such structures shall be permitted in all industrial or C-2 zoning districts provided the location is 500 feet or more from a residential district. Any location closer than 500 feet requires special permit approval.

B. Such structures may be permitted by a conditional use permit in all other zoning districts provided said structures are:

1. Attached to or located on an existing or proposed building or structure that is higher than 35 feet; or

2. Located on or with a publicly owned facility such as a water reservoir, fire station, police station, school, county or port facility.

C. All wireless communication facilities shall comply with the following standards:

1. Wireless facilities shall be screened or camouflaged by employing the best available technology. This may be accomplished by use of compatible materials, strategic location, color, stealth technologies, and/or other measures to achieve minimum visibility of the facility when viewed from public rights-of-way, and adjoining properties such that a casual observer cannot identify the wireless communication facility.

2. Wireless facilities shall be located in the city in the following order of preference:

a. Attached to or located on buildings or structures that are 35 feet high or higher.

b. Located on or with a publicly owned facility.

c. Located on a site other than those listed in subsection (C)(2)(a) or (b) of this section.

3. If an applicant chooses to construct a new freestanding wireless communication facility, the burden of proof shall be on the applicant to show a wireless communication facility located on a higher order of preference site cannot reasonably be accommodated. The city reserves the right to retain a qualified consultant, at the applicant’s expense, to review the supporting documentation for accuracy.

D. All applications for building permits must be accompanied by verification of approval by the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA) and any other state or federal requirements for tower design and location. Additionally all tower construction plans must be designed and stamped by a licensed professional engineer.

E. All wireless communication facilities shall be removed by the facility owner within six months of the date the facility ceases to be operational or if the facility falls into disrepair. (Ord. 2011-29 § 5 (Att. B)).

17.70.090 Compost boxes/piles.

Compost boxes or piles are permitted in rear yards only as accessory uses in any residential zoning district, provided they are maintained in such a manner so as not to be a nuisance and are located at least five feet from any adjoining property. (Ord. 2011-29 § 5 (Att. B)).

17.70.100 Residential design standards.

The following design standards shall apply to all newly constructed or newly placed dwellings in R-1S, R-1, R-2, R-3, and R-1P districts:

A. The main entry doors of all dwellings must face the street on which the dwelling is addressed;

B. A minimum of 30 square feet of window surface must be on the portion of the dwelling facing the street. Dwellings with less than 32 square feet of window surface must contain covered porches with a minimum of a four-foot overhang;

C. All entry porches/landing areas must be constructed as an integral part of the dwelling architecture;

D. 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 ordinance codified in this title shall be permitted to be rebuilt, altered, enlarged or remodeled without the roof being changed to a 5:12 pitch;

E. All eave overhangs shall be a minimum of 12 inches;

F. Dwellings with 4:12 pitch roofs may be permitted provided the main roof includes one or more secondary roofs intersecting the main roof at right angles. The secondary roof must have a pitch of 5:12 or greater;

G. No false or artificial dormers are permitted;

H. All foundation walls must be poured concrete or masonry block;

I. All dwellings must be permanently connected to foundations, and must meet seismic and wind loading standards for Yakima County, Washington;

J. No more than 12 inches of foundation wall can be exposed on the walls facing a street;

K. All siding must be durable materials, such as brick, masonry, stucco, vinyl, exterior-grade wood, or exterior-grade composites, each with a lifespan of at least 20 years under normal conditions;

L. All siding must extend below the top of the foundation one and one-half to two inches. A bottom trim board does not qualify as siding and cannot be used to cover the top of the foundation;

M. All trim materials around windows, doors, corners, and other areas of the dwelling must be cedar or other city-approved materials that are not subject to deterioration;

N. All electric meters must be securely attached to an exterior side wall of the dwelling. Meters are not permitted to face the street upon which the dwelling is addressed;

O. All additions and/or other architectural features must be designed and permanently connected to the dwelling so as to be an integral part of the dwelling; and

P. Primary driveways shall terminate into an architecturally integrated garage or carport. No parking pad is permitted in front of a dwelling unless such pad leads to a garage or carport. (Ord. 2011-29 § 5 (Att. B)).

17.70.110 Relocation of existing site-built dwellings.

Existing site-built dwellings may be relocated to a new location without meeting the provisions of GMC 17.70.100 provided the following conditions are met:

A. The dwelling must be relocated to a lot on which the dwelling meets all other requirements of the zoning district; and

B. The value of the dwelling being relocated must not be less than 100 percent of the average assessed value, as determined by the records of the county assessor, of improvements on surrounding lots in the same and adjacent blocks. (Ord. 2011-29 § 5 (Att. B)).

17.70.120 Hazardous waste.

A. No person, firm, or corporation shall use any parcel(s), lot(s), or tract(s) of land for disposal of “dangerous” or “extremely hazardous” waste (chemical) as defined by Chapter 173-303 WAC; or

B. Any operation involving radioactive material greater than one curie in a sealed form, or any radioactive material in a nonsealed form, but excluding any place of medical practice; except upon a permit granted by the city council applied for in the manner prescribed by Chapter 17.86 GMC and after receipt by the city council of the recommendation of the hearing examiner. In developing a recommendation, the hearing examiner shall, in addition to the requirements of Chapter 17.86 GMC, also consider the location of the proposed use, the zoning regulations, the threat to the public health, safety or welfare, the effect of surrounding property values and development, reclamation of property, and the suitability of the property for the use proposed; and

C. Uses or activities that process or dispose of medical wastes as defined by Chapter 173-303 WAC are required to obtain a special permit following the procedures of Chapter 17.86 GMC. (Ord. 2011-29 § 5 (Att. B)).

17.70.130 Natural resource uses.

A. Mineral Extraction. Mineral extraction, quarrying, rock crushing or related activities such as a batch plant or a premix plant may be permitted in the M-2 heavy industrial district as provided in this title. The excavation and sale of sand and gravel, clay, shale, or other natural mineral deposits (except topsoil) for the quarrying of any kind of rock formation shall be subject to the following conditions:

1. In case of an open excavation or quarry, there shall be a substantial fence with suitable gates completely enclosing the portion of the property in which the excavation is located and such fence shall be located at all points 40 feet or more from the edge of the excavation or quarry.

2. Whenever production in any area used as a gravel pit, sand pit, clay pit, or quarry shall have been completed, then all plants, buildings, structures and equipment shall be entirely removed from such property and stockpiles shall be removed or back-filled into the pit within one year after such completion. When production shall have been completed, then the owner shall take such measures to rehabilitate the area as deemed reasonable by the public works department and/or as required in the special permit.

B. Agricultural Uses.

1. All existing agricultural uses (limited to existing acreage) occurring within any zoning district of the city where not expressly permitted by this code shall be deemed a lawfully established nonconforming agricultural use.

2. The production of alfalfa or pasture grasses on acreage of any size shall be considered permitted uses within all zoning districts.

C. Stripping of Topsoil. No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or for use other than on the premises from which the same shall be taken, except in connection with the construction or alteration of a business on such premises in which an excavation could be incidental thereto. (Ord. 2011-29 § 5 (Att. B)).

17.70.140 Outdoor shops and sales.

Where the business of selling merchandise is permitted under this title, such business shall be within an enclosed structure meeting the requirements for the particular type of occupancy. An “enclosed structure” shall mean a building or similar established structure, but shall not mean a vehicle or other device capable of readily being removed from the premises. The requirements of this section shall not apply to businesses selling merchandise in the following situations:

A. Where there is specific authorization by this code that clearly permits the conducting of the business outside an enclosed structure, but only to the extent clearly permitted;

B. Where there is specific authorization by this code that permits a business to be conducted and such business by its very nature must be conducted outside an enclosed structure, but only to the extent that it must be so conducted;

C. Where the merchandise is of such size as to render it impractical to contain the merchandise within a building or is of a character that does not readily deteriorate when exposed to the elements;

D. Where the merchandise is plants, shrubbery, or trees growing or cut;

E. When the merchandise being sold is on the same premises, or adjoining premises, or on a premises within 200 feet of the premises from which a business is conducted from within an enclosed building and the operator of the business conducted within an enclosed building has control of and is responsible for the use of the premises;

F. Where the merchandise is fruits, vegetables, berries, butter, eggs, fish, milk, poultry, meats, or any farm products or edibles raised, caught, produced, or manufactured in any place in this state by the person selling the merchandise; and

G. Where the merchandise is food or liquid refreshment being sold for immediate consumption. (Ord. 2011-29 § 5 (Att. B)).

17.70.150 Pawnshop and secondhand shops.

Pawnshop and secondhand dealers as defined in GMC 17.12.360 and 17.12.385 are prohibited from operating in zones in the C-1 (neighborhood business district) zone, the central business overlay district in Chapter 17.45 GMC, the BP (business park district) zone, O (office district) zone and any residential zone. Pawnshops and secondhand dealers are permitted to operate in the C-2 (general business district) zone and the M-1 (light industrial district) zone; provided, however, no new pawnshops and secondhand dealers licenses shall be issued to an establishment located closer than 1,000 feet from an existing pawnshop or secondhand dealer. All business activities of pawnshops and secondhand dealers located in the C-2 (general business district) zone shall be conducted entirely within an enclosed structure. (Ord. 2011-29 § 5 (Att. B)).

17.70.160 Tattoo parlor.

Tattoo parlors as defined in GMC 17.12.445 are prohibited from operating in the C-1 (neighborhood business district), the central business overlay district, the BP (business park district), the O (office district) and any residential zone. (Ord. 2011-29 § 5 (Att. B)).

17.70.170 Temporary structures.

Temporary structures may be permitted administratively by the public works director or his/her duly authorized agent in all commercial and industrial districts when it can be found:

A. The structure is needed to provide temporary housing for an existing licensed business that is being remodeled to such an extent that the existing business structure would be unsafe or unhealthy to occupy.

B. The structure is needed to provide temporary housing for an existing licensed business that is be reconstructed after damage by fire or other causes.

Temporary structures permitted under this section shall not be required to comply with the special permit process as identified in GMC 17.86.040. Temporary structures permitted under this section must, however, be located on the same property as the structure that was damaged and/or is being remodeled or repaired. A temporary structure permitted under this section must also be located so as not to create a nuisance or hazard for adjoining properties and the community in general.

In granting approval of a temporary structure under the provisions of this section, the public works director may impose conditions necessary to minimize adverse impacts.

Temporary structures permitted under this section must be promptly removed within 30 days of the final inspection of the remodel or repair work and shall not remain on site for more than 180 days. A renewal period extending this time frame may be approved by the public works director or his/her duly authorized agent. (Ord. 2011-29 § 5 (Att. B)).

17.70.180 Vehicle-related uses.

A. Definitions. As used in this section, the following terms are defined as follows:

1. “Public garage” means any garage other than a private garage, available to the public, operated for gain and which is used for storage, repair, rental, greasing, washing, servicing, adjusting, or equipping of automobiles or other motor vehicles.

2. “Motor vehicle repair shop” means a building or portion of a building arranged, intended or designed to be used for making repairs to motor vehicles.

3. “Vehicles” means motorized mechanical devices designed for movement by means of wheels, skids or runners of any kind, and specifically including all such automobiles, buses, trucks, cars, vans, and motor homes even though they may be at any time immobilized in any way for any period of time for whatever duration; and also including boats and such recreational vehicles as defined herein.

4. “Inoperable vehicle” means a vehicle which is apparently inoperable or extensively damaged, including but not limited to: a flat tire, a broken window or windshield; is absent a tire, wheel, engine, transmission, rear end, axle or driveline; or a vehicle or part thereof which is placed upon jacks, blocks or other support.

B. Inoperable or abandoned vehicles, machinery, equipment, trailer, house trailer, boat or other vehicles must be stored in an enclosed structure or screened from public view.

C. Servicing, repairing, assembling, wrecking, modifying, restoring or otherwise working on any vehicle on any premises in any zone district shall be subject to the following:

1. Work within public view shall be limited to the minor repair and maintenance of vehicles. This limitation precludes auto repair on residential premises by any commercial entity.

2. Such work shall be conducted on no more than one vehicle at any one time.

3. Major repair such as major engine overhauling, transmission repair or rear end repair or body panel repair or replacement work shall only be done within an enclosed structure (such as a garage) or in an area which is screened from public view.

4. Such work shall be done only between the hours of 7:00 a.m. and 10:00 p.m.

5. Such work shall not be done in a public right-of-way.

6. Storage of parts, equipment or other supplies needed for the repair of the vehicles on the premises must be kept within an enclosed structure or in an area which is screened from public view.

7. No such work which creates a nuisance shall be permitted.

8. Upon completion of any work allowed by this section, the property shall be cleaned of all debris, oil, grease, gasoline, cloths, rags and equipment or material used in the work and shall be left in such a condition that no hazard to persons or property shall remain.

9. Disposal of all waste products shall be done in accordance with Chapter 19.114 RCW.

10. Customer parking areas shall not be used for the storage of vehicles awaiting repair.

11. Pursuant to GMC 17.78.170: one customer parking space is required for every 300 square feet of building space.

12. At least one handicapped parking space is required to be maintained pursuant to GMC 17.78.110.

D. Any building to be used as an auto body shop, as defined in GMC 17.12.085, shall have a spray paint room or spray paint booth which complies with the requirements of the International Fire Code and/or International Building Code. (Ord. 2013-12 § 1; Ord. 2011-29 § 5 (Att. B)).

17.70.190 Wineries.

The following standards must be met or exceeded:

A. Outdoor Storage. Outdoor storage of any kind, except wine storage, is prohibited unless such storage is completely screened from public view by an opaque screening device. Screening visible from public rights-of-way and less intense zoning districts shall be constructed of brick, decorative concrete, natural stone, decorative masonry or cedar fencing material. Screening shall be constructed and maintained at a sufficient height to visually screen all stored materials;

B. Utilitarian Areas. All areas of the property used for loading and unloading purposes, trash receptacles, transformers and utility purposes shall be visually screened as provided in subsection A of this section;

C. Landscape and Buffering. In addition to the landscape provisions of Chapter 17.75 GMC, the hearing examiner may require additional landscape features to ensure the proposed winery will be in harmony with and not impair the value of present and future development of adjacent lands. The spacing of shade trees in all buffer areas shall not be greater than 30 linear feet. Buffer area trees shall be a caliper size of one and one-half inch at the planting. In apparent cases of conflict with Chapter 17.75 GMC, the most restrictive standard shall prevail;

D. Exterior Lighting. Exterior lighting shall be directed on site so as not to interfere with the comfort and repose of adjoining property owners; and

E. Building Design. The exterior of all structures shall be constructed of brick, natural stone, exposed aggregate, decorative concrete, stucco, cedar siding or lap siding as approved by the public works director. Roofing materials may consist of composition shingles, standing rib or delta rib baked enamel metal roofs, or alternate as approved by the public works director. (Ord. 2011-29 § 5 (Att. B)).

17.70.200 Container storage.

A. Purpose. The purpose of this section is to promote vibrant, attractive pedestrian mixed use areas while protecting residential neighborhoods and allow use of cargo containers by Grandview businesses, contractors and community-related uses to provide secure, easily accessible accessory storage at relatively inexpensive levels.

B. Temporary Use. Cargo containers may be used for temporary storage of equipment and/or materials at a construction site during active construction that is authorized by a city permit.

C. Cargo containers are not allowed in the CBO, C-1, O, MR, R-1P, R-1S, R-1, R-2 and R-3 zoning districts.

D. Cargo containers are permitted as accessory uses in residential zones at a community facility, government facility, hospital, public park and recreation facility, or school.

E. All requirements, permits and approvals of GMC pertaining to structures shall apply, including but not limited to setbacks and lot coverage.

F. Cargo containers located within a residential zone shall be no greater in size than 10 feet by 20 feet, and shall be painted to match the surrounding buildings or totally screened from public view. Upon removal of the cargo container the screening shall also be removed.

G. Cargo containers shall not be stacked.

H. Cargo containers shall not occupy any required off-street parking spaces, vehicular access, pedestrian facilities or landscape areas for the site. (Ord. 2013-12 § 2)

17.70.210 Container storage permitted.

Cargo containers are permitted as accessory uses in the PF, AG, C-2 (not located in the CBO district), M-1 and M-2 zoning districts. Cargo containers in these zones are subject to the following requirements:

A. All requirements, permits and approvals of GMC pertaining to structures shall apply, including but not limited to setbacks and lot coverage.

B. Cargo containers shall be screened from abutting rights-of-way and adjoining lots with a minimum of 10 feet of landscaping. The director may approve alternate screening that achieves the intent of a visual barrier. In reviewing alternate screening, the director shall consider the proposed location of the cargo container, amount of usable space on the site for landscaping, view of the cargo container from abutting rights-of-way and adjoining lots, and the physical condition of the cargo container. All proposed screening shall be submitted for the review and approval by the director.

C. Cargo containers shall not be located between a building and front property line. On a site with all front property lines, the cargo container shall be placed in a location that minimizes visual impact of the cargo container from surrounding streets and properties.

D. Cargo containers shall be painted to match the primary color of the adjacent building. If the cargo container is located within a building or not visible from abutting rights-of-way and adjoining lots as determined by the director, painting is not required.

E. A cargo container located within 100 feet of a residential zone shall be no greater in size than 10 feet by 20 feet, and shall be sight screened to completely enclose the cargo container. Upon removal of the cargo container the screening shall also be removed.

F. Cargo containers shall not occupy any required off-street parking spaces, vehicular access, pedestrian facilities or landscape areas for the site.

G. Cargo containers may not be stacked.

H. Cargo containers shall not be used for warehouse/storage as the primary use of the property.

I. Outdoor cargo containers shall not be refrigerated. (Ord. 2013-12 § 3)

17.70.220 Legal nonconforming cargo containers.

A. Cargo containers that have been legally located on a site prior to July 1, 2013, shall be a legal nonconforming structure. In addition to the provisions for nonconforming structures in Chapter 17.72 GMC, cargo containers shall lose legal nonconforming status under the following circumstances:

1. Any legal nonconforming cargo container that is moved to a different location on a site shall comply with the requirements of GMC 17.70.200.

2. If a legal nonconforming cargo container is removed from a site, any subsequent cargo containers placed on the site shall comply with the requirements of GMC 17.70.210.

B. Permits for cargo containers shall include all necessary approvals from the building official and fire marshal. Required permits include a building permit pursuant to GMC 15.70.010.

C. Use of the container shall not inhibit the building official and/or fire marshal from conducting all reasonable and necessary inspections, as determined by the building official and/or fire marshal. (Ord. 2013-12 § 4)

17.70.230 Little free libraries.

A. Definition. “Little free library” shall refer to the medium-sized structure, usually crafted with wood, designed to contain books and other reading material offered to the public free of charge.

B. Siting. Little free libraries are hereby not subject to permitting or licensing requirements of the city of Grandview, are hereby considered an accessory use as defined by GMC 17.12.020, and are hereby permitted to be placed in any zoning district within the city of Grandview; provided, that the following conditions are satisfied:

1. Little free libraries shall not be located within or overhang the public street right-of-way or any public easement.

2. Little free libraries shall not obstruct vehicular, bicycle or pedestrian traffic, either physically, or by a person utilizing the little free library.

3. Provided that little free libraries shall not obstruct access aisles or paths utilized by persons in wheelchairs or for Americans with Disabilities accessibility, little free libraries may be placed as a permitted obstruction in a required front yard (area between the front wall of a building and the public street right-of-way).

4. Little free libraries’ enclosures shall be sized and arranged such that no person or child is able to enter.

5. Little free libraries shall be anchored to the ground or otherwise securely attached to something having a permanent location on the ground.

C. Violations. Violations of this chapter shall constitute a public nuisance and may be enforced pursuant to Chapter 15.72 GMC. (Ord. 2019-11 § 1)