Chapter 18.270
LIMITED USES
Sections:
18.270.030 Public utility uses.
18.270.040 Temporary sales offices/model homes.
18.270.060 Temporary needs housing.
18.270.010 Home occupations.
(1) Applicability.
(a) The planning director or designee shall review requests for home occupation uses as a Type I review, consistent with LCMC 18.30.080. Uses which do not generate impacts outside of the dwelling are exempt and are not required to obtain a home occupation permit as detailed further in the exemptions section of this code.
(2) Exemptions. Home occupations which do not create any of the following impacts or include the following changes are exempt from this code, but still are required to obtain a business license per Chapter 5.05 LCMC:
(a) Any increase in traffic over a single-family residence;
(b) Any changes to the structure of the house or yard, including signage, for the purpose of the business;
(c) The use of the home to meet with clients, customers, and/or business-related associates;
(d) The presence of any employees who do not reside in the dwelling; or
(e) The generation of noise, light, or fumes outside of the dwelling.
(3) Limitations. In addition to the use limitations applicable in the zoning district in which located, all home occupations shall be subject to the following use limitations. If a home occupation permit is granted but the occupant fails to consistently comply with the following limitations, the home occupation permit may be revoked subject to a hearing before the hearings examiner.
(a) Except as qualified in this subsection, a home occupation must be conducted wholly within a dwelling that is the bona fide residence of the principal practitioner or in an accessory building thereto which is normally associated with a residential use.
(b) Except for articles produced on the premises, no stock in trade shall be displayed or sold on the premises.
(c) No alteration to the exterior of the principal residential building shall be made which changes the character thereof as a dwelling.
(d) No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy and a district in question under normal circumstances wherein no occupation exists.
(e) No outdoor display of goods or outside storage of equipment or materials used in the home occupation shall be permitted.
(f) No more than one person, other than a member of the immediate family occupying the dwelling, may be employed on the premises.
(g) Only one sign shall be permitted consistent with Chapter 8.60 LCMC.
(h) The use may not increase traffic flow by more than one p.m. peak hour trip.
(i) Schools or special education uses shall not exceed a class size of four people at any given time.
(4) Homeowner’s or Neighborhood Association. The applicant is responsible for meeting any and all requirements and/or conditions set forth by any applicable homeowner’s or neighborhood association.
(5) Appeal. The applicant or applicant’s representative may appeal the decision of the planning director, or designee, pursuant to LCMC 18.30.130.
(6) Business License. A business license granted by the city shall also be required for persons conducting home occupations.
(7) Expiration. A permit granted under this chapter shall expire if the home occupation for which it is granted does not operate as a business for a period of 12 consecutive months. [Ord. 2022-08 § 1 (Exh. A), 2022; Ord. 2007-09 § 7, 2007; Ord. 2006-17 § 1, 2006.]
18.270.020 Day cares.
Family day care providers and day care centers shall comply with the following:
(1) Family day care providers, as defined in Chapter 18.40 LCMC, shall:
(a) Meet all applicable state licensing requirements prior to commencing operations;
(b) Obtain a city of La Center business license prior to operation;
(c) Provide a passenger loading area as certified by the Washington Department of Children, Youth, and Families;
(d) Comply with applicable setbacks, maximum building coverage, maximum impervious surface, and lot and building dimensions of the zoning district, except if conducted in a legal, nonconforming structure;
(e) Comply with all applicable building, fire, safety, and health codes;
(f) Provide parking to the same extent as the residential use to which the family day care provider is sited within and consistent with Chapter 18.280 LCMC;
(g) Provide proof to the city of having notified immediately adjoining property owners of the intent to locate and maintain such a facility prior to obtaining a state license. This notification shall be distributed by certified mail; and
(h) Operate within any time frame between the hours of 6:00 a.m. and 8:00 p.m.
The city cannot require compliance with any other standards for family day care providers other than those listed above.
(2) Day care centers, as defined in Chapter 18.40 LCMC, are subject to the following:
(a) The facility shall be licensed according to Washington State law.
(b) Employee parking shall be provided consistent with Chapter 18.280 LCMC.
(c) One single-faced sign is permitted not to exceed four square feet in gross area, and shall be set back a minimum of 10 feet from all property lines. The style and materials used shall be in keeping with the character of the neighborhood.
(d) All new development associated with the day care use shall comply with applicable setbacks of the zoning district.
(e) The site shall provide sufficient access and maneuvering area for vehicles to enter the site, discharge or pick up passengers, and exit the site in a forward direction or else the applicant shall show that there is adequate street width or shoulder parking area to allow for the safe pickup and discharge of children considering traffic volume and speeds and related conditions on the adjoining street.
(f) A sight-obscuring fence not less than five feet nor more than eight feet in height or equivalent solid wall, landscaping or vegetation shall completely enclose any outdoor play areas for the day care use.
(g) Not more than two nonresident employees are permitted on the site at any one time.
(h) An outdoor play area shall be provided and maintained with a minimum area of 100 square feet per child, based on maximum total capacity at any one time. [Ord. 2023-05 § 11 (Exh. J), 2023; Ord. 2007-09 § 7, 2007.]
18.270.030 Public utility uses.
Public utility uses permitted subject to Type II review shall comply with the following:
(1) The perimeter of the site shall be landscaped to at least an L3 standard;
(2) The use shall be enclosed by sight-obscuring fence not less than five feet nor more than eight feet in height or equivalent solid wall, landscaping or vegetation;
(3) Structures and development for the use shall comply with applicable setbacks and development standards of the zoning district. [Ord. 2007-09 § 7, 2007.]
18.270.040 Temporary sales offices/model homes.
Subject to Type I review, the city planner may approve, approve with conditions, or deny the use of any real property within the city as a temporary real property sales office or model home in any subdivision within this city, but for no other purpose; provided, that the applicant demonstrates compliance with the following criteria:
(1) One such temporary use shall be located within the boundaries of a subdivision approved pursuant to Chapter 18.210 LCMC in which the real property is to be sold; and
(2) The property shall not be permanently improved for the temporary use; and
(3) The temporary use will not be materially detrimental to the public health, safety or welfare, nor injurious to property or improvements in the immediate vicinity; and
(4) The structure proposed for the temporary use complies with the setback and vision clearance area requirements of this title, and with applicable provisions of the building and fire codes; and
(5) Hours of operation of the temporary use are specified; and
(6) The temporary use shall cease and the structure’s occupancy shall convert to a permitted use within one year of the temporary use approval; and
(7) Adequate utilities and parking are available to serve the temporary use, and if applicable, the temporary use does not occupy required off-street parking areas for adjacent or nearby uses. [Ord. 2007-09 § 7, 2007.]
18.270.050 Marijuana uses.
(1) Definitions.
(a) “Marijuana” means, as defined by RCW 69.50.101, all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. For the purposes of this section, “cannabis” or “marijuana” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.
(b) “Marijuana-infused products” means products that contain marijuana or marijuana extracts and are intended for human use. The term “marijuana-infused products” does not include usable marijuana.
(c) “Marijuana processing” means a facility licensed by the Washington State Liquor Control Board as a marijuana processor under the terms of WAC 314-55-077 to transform marijuana into usable marijuana and marijuana-infused products, package and label usable marijuana and marijuana-infused products for sale in retail outlets, and sell marijuana and marijuana-infused products at wholesale to marijuana retailers.
(d) “Marijuana production” means a facility licensed by the Washington State Liquor Control Board as a marijuana producer or processor under the terms of WAC 314-55-075 for the growing and sale at wholesale of marijuana to marijuana processors and other marijuana producers.
(e) “Marijuana retail” means a facility licensed by the Washington State Liquor Control Board as a marijuana retailer under the terms of WAC 314-55-079 for the sale to consumers of usable marijuana and marijuana-infused products.
(f) “Marijuana, usable” means dried marijuana flowers. The term “usable marijuana” does not include marijuana-infused products.
(g) “Medical cannabis collective garden” means gardens authorized under RCW 69.51A.085, which allows qualifying patients to assume responsibility for acquiring and supplying the resources required to produce and process cannabis for medical use.
(2) Marijuana production, marijuana processing and marijuana retail of recreational marijuana are prohibited uses in all zones in the city of La Center.
(3) Collective gardens for medical marijuana are a prohibited use in all zones in the city of La Center. [Ord. 2015-02 § 2 (Exh. A), 2015.]
18.270.060 Temporary needs housing.
(1) Purpose. The purpose of this section is to allow for a second dwelling on a parcel on a temporary basis for purposes of providing necessary medical or health care of someone with a medical or health condition residing on the same parcel. This section is not intended, nor should it be construed, to create a right to permanent housing, or a second dwelling on a parcel for any purpose other than a temporary health or medical need.
(2) Authorized.
(a) Subject to the conditions and upon the issuance of the permit provided for herein, one temporary needs unit may be established and maintained on a legal lot of record, a lot that was in compliance with applicable laws regarding zoning and platting at the time of its creation (See Chapter 18.225 LCMC), if the legal lot is already occupied by one principal lawfully created dwelling and the underlying land is zoned for residential use.
(b) The city may permit only one temporary needs dwelling on a legal lot, and only when the following requirements are met:
(i) The care recipient has limited mobility or is unable to perform one or more daily life-supporting activities (such as bathing, dressing, administering medications, etc.).
(ii) The care recipient’s need for care is documented by a signed statement of infirmity and need of care from a professional medical care provider licensed by a state.
(3) Conditions. Temporary dwellings authorized herein shall be subject to the following minimum conditions:
(a) The temporary needs unit shall be located in such a manner as to enable compliance with such zoning and subdivision regulations as would be applicable but for the authorization of this section; provided, a temporary needs unit may not be placed on any legal lot of record with a gross lot area of less than one acre.
(b) The temporary needs unit shall be constructed and maintained in a manner that will facilitate its removal at such time as the justifying need no longer exists.
(c) A temporary needs unit may be:
(i) A single-wide manufactured home, constructed after 1976, with maximum dimensions of 18 feet by 90 feet or 1,620 square feet;
(ii) A modular home, not to exceed 1,620 square feet; or
(iii) A recreational vehicle which has the following characteristics:
(A) A vehicular license plate current throughout the period of temporary needs period of use;
(B) Manufactured, installed and functioning: water system, shower, refrigerator, cooking system, 110v (30 or 50 amp circuit breaker) electrical system, heating unit, and a toilet; and
(C) Provided the temporary needs unit is not a Class B motorhome, truck camper, popup camper, or hybrid (tent) travel trailer.
(d) Upon cessation of the need justifying the temporary needs permit, within six months from the cessation of the need, either the owner of the underlying legal lot shall remove the temporary needs unit or shall comply with all applicable zoning and land division requirements.
(4) Permits.
(a) Applications for a single temporary needs unit permit shall be subject to a Type II review process pursuant to LCMC 18.30.090. Applications shall be accompanied by a placement permit processing fee (as charged by the city for manufactured or modular home), and shall include:
(i) A scaled site plan showing the size and boundaries of the legal lot of record; the location of all existing buildings; all yard setbacks, lot area coverage, regulated critical areas, and the proposed location of the temporary needs unit;
(ii) A description of the proposed temporary needs unit;
(iii) Documentation of approval of water supply, sewage disposal system, and electrical supply by the appropriate governmental agency;
(iv) Verification of the need shall include:
(A) A statement signed by the applicant describing the need; and
(B) A statement signed by a licensed professional medical care provider verifying the need for care and assistance.
(v) A declaration that runs with the land to be recorded by the Clark County auditor upon approval of the application setting forth the temporary nature of the need unit.
(b) A temporary needs permit shall be valid for two years and may be renewed by the issuing body for successive two-year periods upon written substantiation by the applicant to the continuing need justification. Upon the expiration of the two-year period, or at the end of each successive two-year period, if granted, the applicant shall notify the responsible official in writing that the temporary needs unit has been removed and, further, said notice shall include a request for an inspection to determine that the temporary needs unit has, in fact, been removed in compliance with the permit.
(5) Revocation. In addition to any other remedies provided for by law, violation of permit conditions, standards of this chapter, or other applicable land use requirements, including the provisions of LCMC 18.20.070 (Enforcement) and Chapter 2.15 LCMC (Code Enforcement), shall constitute grounds for revocation of a temporary needs permit. Such revocation may be ordered following a public hearing by the hearing examiner, whose decision shall be final unless a timely appeal is filed in superior court. [Ord. 2019-09 § 2 (Exh. A), 2019.]