Chapter 19.22
SUPPLEMENTAL RESIDENTIAL ZONING STANDARDS
Sections:
19.22.025 Accessory dwelling units.
19.22.040 Signs in residential zones.
19.22.060 Permanent supportive housing.
19.22.010 Purpose.
The standards contained herein are supplemental standards that apply to applicable uses in the city’s zoning districts. (Ord. 3450 § 3, 2021; Ord. 3122 § 15, 2010).
19.22.020 Accessory dwelling units.
Repealed by Ord. 3466. (Ord. 3450 § 3, 2021; Ord. 3182 § 6, 2011; Ord. 3122 § 15, 2010).
19.22.025 Accessory dwelling units.
(1) Purpose. The director shall have the authority to approve attached accessory dwelling units (ADUs) which are consistent with single-family neighborhood character and the regulations and provisions herein. The appeal board of adjustment shall have the authority to approve detached accessory dwelling units (ADUs) which are consistent with single-family neighborhood character and the regulations and provisions herein. It is not the intent of these regulations to provide for ADUs on every residential property and they shall not be deemed to create a right or privilege to establish or maintain an ADU which is not strictly in compliance with these regulations.
(2) Requirements. Accessory dwelling units (ADUs) may be permitted in residential districts R-1, R-2, R-3, R-4 and TNR as accessory to single-family dwellings, subject to the requirements that follow.
(3) Site Requirements.
(a) A certification from the public works director that existing water and sewer facilities serving the property are adequate is required.
(b) Only one ADU shall be permitted (attached or detached) as accessory to a single- family dwelling unit.
(c) An accessory dwelling unit may not be sold as a separate piece of property, or as a condominium unit, unless allowed by the existing zoning on the property.
(d) Parking. A minimum of two off-street parking spaces must be provided on the property where an ADU is proposed and additional parking for the ADU is required as follows:
(i) No minimum on-site parking spaces are required for an accessory dwelling unit in areas with on-street parking available.
(ii) One parking space is required for the ADU if on-street parking is not available.
(iii) On-street parking is defined as parking spaces legally available for parking of vehicles. Posted time- or day-restricted parking spaces are not considered as available for purposes of this section.
(iv) A street/sidewalk entrance in the form of a walkway, landscaping features, mailbox post and similar construction to direct visitors to the ADU, will be required per the determination of the community development director upon recommendation by the fire marshal.
(e) Fire department access shall extend to within 150 feet of all portions of the exterior walls of the building as measured by an approved route. Distances in excess of 150 feet may result in additional requirements for construction as approved by the fire code official. Alleys shall not be considered for fire department access.
(4) Building Requirements.
(a) Accessory dwelling units must be on the same lot as the single-family dwelling to which they are accessory. They may be attached (added to or created within) the existing single-family dwelling as provided for in subsection (6) of this section, or detached as provided for in subsection (7) of this section.
(b) All housing and building codes and standards shall be applicable to all ADUs including, but not limited to, the building code, the plumbing code, the electrical code, the mechanical code, the fire code, and all requirements of the Cowlitz County health department. Note, manufactured homes may be used for ADUs but must be less than 10 years old.
(c) ADUs are not required to have separate independent utility connections and solid waste collection.
(d) The square foot size of any ADU, excluding any garage area, shall be of not less than 300 square feet nor in excess of 1,500 square feet, and it shall contain no more than three bedrooms.
(e) Street-facing entrances may be allowed. Exterior entrances can be located no closer than 10 feet to an adjoining property line.
(f) Any exterior stairs shall be placed in the rear or side yard and no closer than 10 feet to an adjoining property line.
(g) All ADUs shall have separate street addresses that are visible from both the street and alley that clearly identify the location of the ADU.
(5) Occupancy.
(a) No ADU may be the residence of more than four persons.
(b) The owner of the property or immediate family member of the property owner, or contract purchaser of record, of the single-family dwelling to which an ADU is accessory, shall reside either in the single-family dwelling or the ADU as a permanent place of residence (must occupy one of the dwelling units on the property for more than six months of each calendar year).
(c) Only one of the residences may be rented or leased.
(d) Vacation (short-term) rental, transient accommodation, and/or lodging is prohibited in ADUs or in single-family dwellings to which they are accessory. “Vacation (short-term) rental, transient accommodation and/or lodging” means the rental of any building or portion thereof used for the purpose of providing lodging for periods of less than 30 days.
(e) The ownership of ADUs may not be separated from ownership of the single-family dwelling to which they are accessory.
(f) Before issuance of the certificate of occupancy for an accessory dwelling unit, the homeowner must provide a copy of a statement recorded with the Cowlitz County auditor.
(i) The statement must read:
An application for a permit for an accessory dwelling unit has been submitted to the city of Longview by the owner of this property. Future owners are advised that the owner of the property must comply with all requirements of the Longview Zoning Code, as amended, if the accessory dwelling unit is to be occupied or rented.
(ii) If an accessory dwelling unit is to be removed, appropriate permits and inspections must first be received from the city. If a homeowner wants to remove the statement as required by subsection (5)(f)(i) of this section from the property’s title, then the city shall issue an appropriate release upon evidence that the accessory dwelling unit has been removed. The release shall be recorded by the homeowner with the county auditor’s office and a copy of the recorded release shall be provided to the city.
(g) No day care centers or adult family homes shall be permitted in ADUs or in single-family dwellings to which they are accessory. Family day care providers as defined in Chapter 19.09 LMC may be allowed but the maximum number of children under care is limited to the maximum occupancy of the ADU.
(h) The following permit and inspection requirements shall be met:
(i) No ADU may be added to, created within, or constructed upon the same lot as a single-family dwelling without a permit having been issued by the community development department;
(ii) All applications for ADU permits shall be on forms provided by the community development department, and the fee for such permit shall be as provided in the building code;
(iii) No ADU may be occupied unless the owner of record of the single-family dwelling to which it is accessory possesses a current certificate of occupancy for such ADU;
(iv) Before any permit for the creation or construction of an ADU is granted, the proposed site thereof and the plans and specifications therefor shall be inspected by the building and fire officials to assure that the provisions of this chapter are not violated; and
(v) The building official may inspect ADUs after giving proper notice, at such time as a complaint alleging noncompliance with this chapter or the property maintenance code, Chapter 16.30 LMC, is received by the city. The purpose of such inspection shall be to determine if such ADU is in compliance with the requirements of this chapter. If such inspection reveals that such ADU is in compliance, the building official shall issue a certificate of occupancy for said ADU. If the inspection reveals the ADU is not in compliance, the building official shall not issue a certificate of occupancy for said ADU, and shall notify the owner or contract purchaser of the single-family dwelling to which said ADU is accessory that said ADU must be vacated and not occupied until it is reinspected by the building official and found to be in compliance, or the ADU removed.
(6) Standards for Attached ADUs.
(a) All attached ADUs shall be designed to maintain the appearance of the single-family dwelling to which they are accessory. If an ADU extends beyond the current footprint of the single-family dwelling, it must be consistent with the existing siding of the single-family dwelling. Any additions to an existing structure or building shall not exceed the allowable lot coverage or encroach into the required setbacks.
(b) When garage space is converted to accessory dwelling unit living space the portion of the driveway leading to the former garage may remain.
(7) Standards for Detached ADUs. In the event that the appeal board of adjustment grants a special property use permit for the construction of a detached ADU (i.e., an ADU that is not added to or created within the single-family dwelling) in accordance with LMC 19.12.055, all of the provisions of this chapter shall be applicable thereto. In addition, the following provisions shall be applicable to such detached ADUs:
(a) Landscaping may be provided for the privacy and screening of adjacent properties. Tall vegetative landscaping may be required between any windows or decks facing adjacent residential properties.
(b) Two-story, detached accessory dwelling units may be designed to protect the privacy of adjacent residential uses.
(c) Detached accessory dwelling units are not permitted in townhouse, zero lot line detached housing, or attached zero lot line housing developments.
(8) Special Property Use Hearings.
(a) All proposed detached ADUs shall require a special property use permit be granted by the appeal board of adjustment with consideration of impacts to privacy of neighboring properties. Where practical, locate and design the ADU to minimize disruption of privacy and outdoor activities on adjacent properties. Strategies to accomplish this include, but are not limited to: window staggering, entries face away, no overlooking decks, landscaping.
(b) In its consideration of an application, the board shall evaluate:
(i) Compliance with subsections (8)(a) and (b) of this section.
(ii) Window locations.
(iii) Impacts from shading of neighboring properties, specifically solar access and impacts to existing solar collection systems, photo-voltaic or solar heating.
(9) Existing Illegal ADUs.
(a) Application may be made for any accessory dwelling unit existing prior to January 1, 2022, to become legally permitted, pursuant to the provisions of this section.
(b) An application to legalize an existing ADU shall include an application for an ADU permit and a building permit application, showing changes made to the main residence or detached accessory building to accommodate the ADU. Approval shall be consistent with the ADU regulations and process outlined in this section. The ADU shall be reviewed using the current editions of building codes in place at the time its owner brings the unit forward for permit.
(c) Nothing in this section shall require that the city permit existing ADUs that are determined to be dangerous. (Ord. 3466 § 2, 2022).
19.22.030 Home occupations.
Home occupations shall adhere to the following standards:
(1) Requirements. Home occupations shall not be permitted without a business license having first been issued in accordance with LMC Title 5. All home occupations shall comply with all applicable ordinances of the city, and shall be consistent with the following provisions:
(a) Home occupations located in the principal residence are restricted to not more than 30 percent of the usable floor area of the dwelling in which they are located. The principal use of the dwelling must remain residential;
(i) For the purposes of this section, “usable floor area” is defined as the finished living space in a dwelling unit but not including a cellar or garage;
(b) A detached accessory building may be used for home occupations; provided, that the total area devoted to the home occupation cannot exceed 30 percent of the usable floor area of the principal dwelling unit. Further, the total area devoted to a home occupation use in either the principal dwelling unit or an accessory building (or a combination thereof) shall not exceed 30 percent of the usable floor area of the principal residence;
(c) Only persons residing in the dwelling may be engaged in the home occupation;
(d) The conduct of any home occupation, including but not limited to the storage of goods and equipment, shall not reduce or render unusable required off-street parking;
(e) On-site retail sale of goods not produced, processed or fabricated on the premises is prohibited, unless the sale of items is incidental to a permitted home occupation (e.g., a barber shop that sells hair-care products, etc.). No goods or merchandise shall be displayed such that they are visible from public rights-of-way or adjacent properties;
(f) Home occupations shall not be permitted where they involve the construction of features and exterior modifications not customarily found in a dwelling and residential neighborhood as determined by the director;
(g) No stock-in-trade or merchandise is to be kept on the premises other than inventory and incidental supplies which are necessary for the conduct of the home occupation. Outdoor storage that is visible from a public right-of-way or adjacent properties, that exceeds what is customary for a residence, is prohibited;
(h) No noise, dust, odors, noxious fumes or vibrations resulting from a home occupation shall exceed that which is normally produced in a single-family dwelling. Mechanical or electronic equipment incidental to the conduct of a home occupation may be used, provided such use does not create visible or audible interference in radio, television or telecommunication receivers or transmitters, or cause fluctuations in line voltage off the premises. Home occupations shall not interfere with the delivery of utilities or other services to the area;
(i) Any type of repair or assembly of vehicles or equipment with internal combustion engine or of large appliances or any other work related to automobiles and their parts is prohibited;
(j) A home occupation may not serve as headquarters or dispatch centers where employees come to the site and are dispatched to other locations;
(k) No more than two vehicles may be used in association with the home occupation. The maximum size of the vehicles used in association with the home occupation is a light truck. Light trucks are trucks or similar vehicles with a single rear axle; and
(l) One sign is permitted to advertise the home occupation; however, such sign shall be no larger than two square feet in area, nonilluminated, and must be attached to the dwelling. (Ord. 3450 § 3, 2021; Ord. 3182 § 7, 2011; Ord. 3122 § 15, 2010).
19.22.040 Signs in residential zones.
In addition to the standards set forth in Chapter 16.13 LMC, the following regulations also govern the use of signs in the R-1, R-2, R-3, R-4 and TNR zones:
(1) Except as provided in Chapter 16.13 LMC, all signs shall relate to business or activities conducted on the premises on which the signs are situated.
(2) Signs that pertain to a home occupation activity shall adhere to the standards set forth in LMC 19.22.030.
(3) All signs approved under this section shall be nonflashing and, if illuminated by artificial light, such lighting shall be oriented to prevent light trespass onto adjacent residences and properties and shall be oriented towards the ground. Electronic message center (EMC) signs as defined in Chapter 16.13 LMC may be permitted for religious establishments, public or private schools and public safety facilities where they meet the following requirements:
(a) Number of EMC signs: one per use.
(b) Types of EMC signs allowed: fascia, monument or pole signs.
(c) Maximum size: 30 square feet not including foundation, base or frame.
(d) Maximum Height.
(i) Monument sign: eight feet measured from grade;
(ii) Fascia signs: 10 feet, and shall not extend above the parapet or eave line;
(iii) Pole signs: shall not exceed 16 feet above grade.
(e) Location.
(i) The EMC sign shall not be located closer than 10 feet to any lot line, nor closer than 70 feet to any residential building; and
(ii) Locations which create confusion relative to interpretation of traffic signals or traffic signs shall not be permitted; and
(iii) Pole signs are not permitted within 30 feet of the edge of pavement of the facing street.
(f) Illumination Limits.
(i) Signs with an electronic message shall incorporate photocell/light sensors, with automatic dimming technology that appropriately adjusts to ambient light conditions; and
(ii) Hours of Operation. The EMC sign shall be completely turned off between the hours of 9:00 p.m. and 7:00 a.m., seven days a week, except EMC signs for academic uses must be turned off between the hours of 9:00 p.m. and 6:00 a.m.
(iii) Electronic message center signs which create a source of glare shall be adjusted or removed as directed by the building official. No electronic message center sign may be illuminated to a degree of brightness that is greater than necessary for adequate visibility.
(iv) Signs with an electronic message center which meet all of the above standards may also provide internal illumination to the remainder of the sign.
(g) Hold Time. The display shall be limited to text and static images only and shall not appear to flash, portray blinking or chasing lights, or otherwise create continuously changing images. However, scrolling of text (horizontal or vertical) is permitted. The rate of change for sign copy from one message to another shall be no more frequent than every eight seconds and the actual copy change shall be accomplished in four seconds or less. Once changed, the copy shall remain static until the next change.
(h) Permits. Electronic message center sign permit applications must include a copy of the manufacturer’s operating manual, which includes the manufacturer’s recommended standards for brightness, scrolling or traveling speed, and other display operations. Electronic message center sign permit applications must also include a certification from the owner or operator of the sign stating that the sign shall at all times be operated in accordance with city codes and that the owner or operator shall provide proof of such conformance upon request of the city.
(i) Maintenance. Any permitted electronic sign that malfunctions, fails, or ceases to operate in its usual or normal programmed manner shall be repaired or disconnected within five days by the owner or operator of the sign.
(4) Street, park, recreational, trail, public utility, and similar signs that are erected by the city of Longview are hereby exempted from the regulations of this section.
(5) Churches and schools may have up to two signs unlimited in size attached to the principal building for identification purposes. Churches, schools, parks and public playgrounds, existing or hereafter erected or created, may also have signs separate from any building or structure on the premises used for any such purpose so long as the signs do not exceed a total of 30 square feet in area and so long as no portion thereof, including any foundation, base or frame, is closer than 10 feet to any lot line at street intersections; provided, however, signs for school campuses shall be permitted which contain a total of not to exceed 80 square feet in area, not including foundation, base or frame, and not closer than 10 feet to any lot line.
(6) Duplex, triplex, fourplex, or townhouse developments may include one unit identification sign per unit; provided, that the sign is not more than five square feet in total area. In addition, one freestanding development and/or entrance sign may be erected; provided, that it does not exceed 10 square feet in total sign area and its associated structure, nor exceeding a height of six feet. Such signs shall be for the purpose of identification only.
(7) Multifamily Signs. For multifamily residential uses of five or more units within one principal structure, not more than one sign, attached to the principal building, not exceeding 20 square feet in area including all embellishments, shall be permitted. In addition, one freestanding sign, not exceeding 10 square feet in total sign area and its associated structure, nor exceeding a height of six feet, shall be permitted for multifamily apartment projects containing five or more units. No portion of the sign, including any foundation, base or frame, shall extend over any portion of the right-of-way. In addition, a maximum of two directional or informational signs not exceeding five square feet in area per sign may be erected; one of the two permitted directional or informational signs may be freestanding, not to exceed a height of 42 inches.
(8) Nonresidential Land Uses. Nonresidential land uses, except those listed above, in the R-3 and R-4 shall adhere to the following sign standards:
(a) Attached Signs. Nonresidential land uses as permitted in the residential zones may be permitted one sign attached to the principal building not to exceed 30 square feet in total sign area, including all embellishments. Nonresidential land uses located on corner lots may be permitted one sign attached to each elevation that faces a public right-of-way, not to exceed 20 square feet in area per sign, including all embellishments, to a maximum of two attached signs; and
(b) Detached Signs. Nonresidential land uses as permitted in the residential zones may be permitted one freestanding sign separate from signage attached to any building or structure on the premises so long as the sign and its associated structure do not exceed a total of 30 square feet in total sign area and so long as no portion thereof, including any foundation, base or frame, extends over any portion of the right-of-way, nor exceeds a height of eight feet. Nonresidential land uses located on corner lots may be permitted one freestanding sign facing each public right-of-way, up to a maximum of two freestanding signs, so long as each sign and its associated structure do not exceed a total of 20 square feet in total sign area, and so long as no portion thereof, including any foundation, base or frame, extends over any portion of the right-of-way, nor exceeds a height of eight feet. (Ord. 3450 § 3, 2021; Ord. 3406 § 1, 2019; Ord. 3122 § 15, 2010).
19.22.050 Homeless shelter group home.
Repealed by Ord. 3450. (Ord. 3358 § 4, 2017).
19.22.060 Permanent supportive housing.
Permanent supportive housing shall adhere to the following standards:
The number of clients is limited to two per bedroom plus an additional two (e.g., a three-bedroom facility could have up to eight clients). (Ord. 3450 § 3, 2021).