Chapter 17.44
Special Use Regulations
Sections:
17.44.020 Special use regulations.
17.44.021 Improvements upon public right-of-way.
17.44.022 Temporary amusements and public assembly.
17.44.026 Architectural features and fences, walls and hedges.
17.44.027 Special requirements for corner lots.
17.44.028 Exceptions to height restrictions.
17.44.029 Storage of vehicles and other materials.
17.44.030 Location of off-street parking.
17.44.031 Improvement of parking space and access.
17.44.032 Access requirements.
17.44.033 Off-street parking requirements for a defined area.
17.44.034 Erection of more than one principal building on a lot.
17.44.035 Bed and breakfast inns.
17.44.010 Purpose.
The specific regulations set forth in this chapter are intended to provide for the location and control of certain special conditions which may arise in order to ensure conformance to the Montesano comprehensive plan as much as possible. (Ord. 1366 (part), 1995).
17.44.020 Special use regulations.
The regulations set forth in this chapter shall apply in all districts. Where the provisions of this chapter conflict with the provisions of any district, the provisions of this chapter shall apply. (Ord. 1366 (part), 1995).
17.44.021 Improvements upon public right-of-way.
Any portion of a fence, hedge, retaining wall, or other improvement that is installed within a dedicated public right-of-way may, at the sole discretion of the city, be required to be removed at owner's expense. (Ord. 1366 (part), 1995).
17.44.022 Temporary amusements and public assembly.
Amusements, entertainment and similar temporary activities may occur on commercially or industrially zoned property upon obtaining a permit; provided, that the amusement, entertainment, public assembly or activity does not involve attendance for more than sixteen hours in any twenty-four-hour period. Such permit, to be obtained from the Montesano city council, shall be for a maximum of thirty days and shall be issued only if evidence indicated that:
(1) There will be no serious interference with the activities of nearby residents, if any;
(2) Traffic circulation will not be unnecessarily impeded and that there will be provisions for adequate on-site parking and a reasonable means of ingress and egress;
(3) Sound or lighting will not be a nuisance to neighborhood residents; and
(4) There will be adequate provisions for water supply and sanitary facilities. Outdoor public assemblies, music festivals, and similar uses which involve occupancy of a privately owned outdoor area for more than sixteen hours in any twenty-four-hour period shall not be permitted. (Ord. 1366 (part), 1995).
17.44.023 Home occupations.
Home occupations, including but not limited to sewing, room rental, music studio, art studio, home and health care product distributor, bookkeeping, etc., may be permitted subject to obtaining a conditional use permit and subject to the following conditions:
(1) The operation shall be within the confines of the dwelling occupied by the operator or in the accessory building on the same premises; and provided, that there shall be no more than one hundred cubic feet of storage within the residence not visible from the street and not more than five hundred cubic feet of storage shall be permitted within an accessory building or an attached garage;
(2) Not more than one unlighted sign, not exceeding eight square feet in area and attached to the main building shall be permitted;
(3) Display of products or sales shall be permitted; provided they are in the residence and do not detract from the character of the neighborhood;
(4) No one other than members of the resident family shall be employed in the home occupation;
(5) Rooming and boarding of no more than two persons, exclusive of the resident family, may be allowed in compliance with this section; provided, that all applicable ordinances pertaining to boarding are observed; and
(6) All parking regulations pertaining to the zone in which the home occupation is located are met. (Ord. 1621 §1(A), 2019; Ord. 1366 (part), 1995).
17.44.025 Animals.
Unless within the rural or R district, the number and kind of animals kept per dwelling unit in any residential district shall be limited to three domesticated cats or three domesticated dogs, with the total number of cats and dogs not to exceed three. Gnawing animals, reptiles or fowl shall be permitted; provided, that they are caged and kept within the dwelling. Additional cats, dogs and animals (including pot-belly pigs) not included in the provisions of the R district may be permitted in any residential district subject to obtaining a conditional use permit. Only animals over six months old shall be considered when determining the number of animals permitted. (Ord. 1366 (part), 1995).
17.44.026 Architectural features and fences, walls and hedges.
(a) Architectural Features.
(1) Chimneys, cornices, canopies, eaves, or similar architectural features may project into any required yard only to the extent permitted by the building code.
(2) Fire escapes and outside stairways which are unroofed and unenclosed above the steps thereof may project not more than six feet onto any required front yard, not more than four feet into any required side yard, and not more than ten feet into any required rear yard.
(3) Driveways must be paved with concrete, asphalt or brick pavers. Where the driveway is forty feet or less from the garage to edge of existing or proposed roadway, the entire driveway area must be paved. Where the driveway is greater than forty feet from the garage to edge of existing or proposed roadway, the first twenty feet of the driveway from the edge of the existing or proposed roadway must be paved. The paved portion of the driveway must be at least ten feet in width with a minimum of six inches of compacted crushed surfacing material below the pavement. Concrete driveways must have a thickness of six inches and asphalt thickness shall be a minimum of two inches. Where brick pavers are utilized, a five-foot asphalt or concrete transition is required from the street to the driveway.
(b) Fences, Walls and Hedges.
(1) In all zones, fences, walls and hedges up to a maximum of four feet in height may be installed up to or along any property line.
(2) In all zones, walls or other structures designed to retain earth for the purpose of accommodating differences in finished grade shall be permitted up to or along any property line. Height of retaining structures at any point along the structure shall be limited to a maximum of six inches above the highest adjacent grade at that point.
(3) In all residential and commercial zones, fences, walls and hedges up to a maximum height of six feet may be installed up to or along any rear or side property line not adjacent to a street or within the front yard setback. Where a fence in a residential zone is adjacent to a street or is located within the front yard setback, the maximum height shall be four feet.
(4) In all industrial zones, fences, walls or hedges up to a maximum height of eight feet may be installed provided the city building official has determined that no part of the structure endangers life, health or safety.
(5) Fences within five feet of any property line shall not be constructed of chicken wire, pig wire, barbed wire, except when:
(A) The strands of barbed wire are at least six feet above the ground and in a commercial or industrial zone;
(B) Used for fencing of animals in a rural residential zone; or
(C) Used for penning or caging of animals inside a yard where the yard of the area in which the pen or cage is located is surrounded by a perimeter yard fence made of quality materials as allowed by this title.
(6) Sight-obscuring fences, walls or hedges over four feet in height shall not be permitted within thirty feet of any street intersection or within ten feet of any alley intersection with the street right-of-way, as measured from the edge of the street or alley pavement.
(7) Hedges shall not be allowed to grow beyond any property line or higher than the heights set forth in this section.
(8) Fences, walls or hedges in or around public playgrounds, public utility installations, or other public areas shall be approved in writing by the director.
Fences, walls and hedges constructed in accordance with the provisions above may be installed within the public right-of-way at a location as allowed in writing by the director. Fences, walls and hedges installed in the right-of-way are subject to removal or modification at any time upon notice to the property owner by the director. Fences, walls and hedges within the right-of-way that are required to be modified or removed by the director must be modified or removed at the property owners’ expense.
Variances. Variances for height and location of fences, walls and hedges shall be processed in accordance with Chapter 17.46. Height variances for front yard setbacks will only be considered for proposals that do not obscure the view of the residence from the street. (Ord. 1653 §1, 2023; Ord. 1366 (part), 1995).
17.44.027 Special requirements for corner lots.
(a) Where a side lot line is also a street right-of-way line the side yard setback in any residential district shall be fifteen feet. Subject to the approval of the building official, on corner lots in any residential district, the side lot line adjacent to the street may be considered the front lot line and the front, side and rear yards adjusted accordingly. Approval shall be granted when the shifting of yards will result in better siting of the dwelling without adversely affecting adjacent properties.
(b) Within the area lying between the front line and side lines (for purposes of this title the "front line" and "side lines" are defined as meaning the face of the curb, or edge of pavement, or in the absence of curb and pavement, the edge of the traffic surface) adjacent to a street and a line connecting points of these lines thirty feet from their intersection, site-obscuring fences, walls and vegetation shall not exceed three feet in height above the established grade of either street. Tree trunks, posts or columns not exceeding eighteen inches in cross-sectional width, measured at three feet above the established grade of either street, shall be permitted provided tree branches are removed up to eight feet above the established grade of either street. (Ord. 1366 (part), 1995).
17.44.028 Exceptions to height restrictions.
Towers, gables, scenery lofts, cupolas, water tanks, and similar structures and mechanical appurtenances may be erected on a building to a height greater than the limit established in any district; provided, that no such exception shall cover more than fifteen percent of the area of the building. Chimneys, water tanks, civil defense sirens, flag poles, monuments, radio or TV antennae, government or public utility structures, and similar freestanding structures may be erected to a height greater than the limit established for any district provided, that such exception shall not cover more than fifteen percent of the site. (Ord. 1366 (part), 1995).
17.44.029 Storage of vehicles and other materials.
Unless parked within the confines of a legal wrecking yard or on the premises of a legally established vehicle repair business, abandoned, inoperable, or partially dismantled vehicles shall not be parked outdoors. Not more than two vehicles intended to be repaired or restored may be parked outdoors if they are located in the rear yard and are screened by a sight-obscuring fence, wall or hedge. Building materials, equipment, appliances, recreational vehicles, campers, boats, and similar items shall not be stored within the required front or street side yard for more than thirty days in any year unless located within a district which specifically permits outdoor sales or storage, or unless access to a rear yard is precluded by locations, topography, or absence of a rear alley. (Ord. 1366 (part), 1995).
17.44.030 Location of off-street parking.
(a) In commercial or industrial districts, off-street parking shall be located on the same lot with the use or within five hundred feet thereof.
(b) Parking for any nonresidential use shall not be located closer than five feet from any front or side property line, and that five-foot setback area shall be landscaped; provided, that plants shall not exceed three feet in height within twenty feet of any access drive. Trees, posts or columns not exceeding eighteen inches in cross-sectional width, measured at three feet above the established grade of either street, shall be permitted; provided, that tree branches are removed up to fourteen feet above the established grade of either street. This subsection shall not apply to any property or use which lawfully existed on the effective date of the ordinance codified in this title and which does not conform to the requirements with this chapter until such times as such use is discontinued or abandoned.
(c) Outdoor parking spaces or driveways serving an outdoor parking facility which are adjacent to residential property shall have a sight-obscuring fence at least four feet in height on the property line abutting the residential zone. This subsection shall not apply to any outdoor parking facility which, on the effective date of the ordinance codified in this title, existed in conformance with prior city ordinances, until such time as such use is discontinued or abandoned.
(d) Parking for residential uses shall not be located in a required front yard nor within fifteen feet of the street side property line on a corner lot. Where four or more residential units are located on the same lot, outdoor parking shall not be closer than five feet to any on-site building and not closer than three feet to any side or rear lot line. (Ord. 1507 §4, 2007: Ord. 1366 (part), 1995).
17.44.031 Improvement of parking space and access.
(a) Any parking facility for four or more vehicles, including access driveways and aisles, shall be graded and drained so as to dispose adequately of surface water, to the satisfaction of the city engineer, and shall be surfaced with concrete, asphaltic concrete, bituminous surface treatment or an equivalent satisfactory to the city engineer, and shall be maintained in good condition free of weeds, dust, trash, and debris.
(b) Required individual parking spaces shall be designated by contrasting paint or markers and shall be a minimum of nine feet wide and twenty feet long. Driveways providing access to a parking facility shall be at least twelve feet wide for each lane of travel and aisles providing access to parking spaces shall be as follows:
(1) One-way aisle serving angle parking of fifty degrees to seventy-five degrees or less: twelve feet wide;
(2) One-way aisle serving angle parking of fifty degrees to seventy-five degrees or two-way aisle serving angle parking of fifty degrees or less: eighteen feet wide;
(3) Two-way aisle serving angle parking of fifty degrees or more or aisle serving seventy-five degrees to ninety degrees: twenty-five feet wide.
(c) Parking facilities for nonresidential uses which will be used after dark shall be lighted; provided, that the light source shall be directed away from nearby residential premises. (Ord. 1366 (part), 1995).
17.44.032 Access requirements.
Unless approved as part of a planned development in the PD district or under the provisions of Chapter 17.45, any lot created after the adoption of the ordinance codified in this title shall have at least twenty feet of frontage on a public street. (Ord. 1366 (part), 1995).
17.44.033 Off-street parking requirements for a defined area.
Within the area described in this section, the availability of off-street parking for any use permitted or authorized shall not be a condition precedent to the intended use. Any provisions of this code to the contrary shall be deemed superseded by this section:
Commencing at the corner of River and Pioneer Streets proceeding easterly therefrom to the corner of Sylvia and Pioneer; proceeding southerly to the corner of Wynoochee; proceeding westerly to the corner of 1st and Wynoochee; proceeding northerly to the corner of 1st and Marcy; proceeding westerly to the alley intersection the block boundaried by 1st Street and Fleet Street; proceeding northerly along said alley to the intersection of that alley with Broadway; proceeding easterly from the above-stated intersection to the corner of Broadway and Main; proceeding northerly to the alley of a block boundaried by Broadway and Spruce; proceeding easterly along the alley to the intersection with River Street; proceeding along River Street to the point of beginning. (Ord. 1474 §2, 2004).
17.44.034 Erection of more than one principal building on a lot.
In any district, more than one building housing a permitted or conditional principal use may be erected on a single lot; provided, that yard and other requirements of this title shall be met for each building as though it were on an individual lot. (Ord. 1366 (part), 1995).
17.44.035 Bed and breakfast inns.
Bed and breakfast inns may be allowed as a conditional land use provided the hearing examiner finds the following requirements will be met:
(1) The bed and breakfast inn shall have no more than five bedrooms offered for rent and shall be occupied by no more than ten guests.
(2) The proprietor or owner must reside on the property.
(3) Off-street parking: two parking spaces and an additional parking space for each guest room. Tandem parking may be used. The hearing examiner may reduce the required parking spaces if the provision of the spaces would result in the destruction of yards or significant landscaping.
(4) A "continental style breakfast" and limited food service for overnight guests is allowed as described in the guidelines for bed and breakfast for Washington State as published by Washington State Environmental Health Directors dated June 12, 1985 or its successor. Limited food service may be allowed by the examiner provided all necessary permits are obtained from the Grays Harbor County department of health.
(5) The structure shall have the exterior appearance of a residence.
(6) In all zones, an unlighted or indirectly lighted sign no larger than eight square feet is allowed. Where the zone in which the property is located allows a larger sign, the sign regulations allowing the largest sign shall apply.
(7) The examiner may attach such conditions as the examiner finds necessary to protect surrounding residential properties. Failure to adhere to any of the requirements of this section or any other condition is ground for revocation of the conditional land use permit. (Ord. 1366 (part), 1995).