Chapter 17.04 ZONING*

Chapter 17.04
ZONING*

Sections:

17.04.010 Purpose and use districts adopted.

17.04.020 Definitions.

17.04.030 Official map.

17.04.040 Single-unit residential district (R1).

17.04.050 Multi-unit residential district (R2).

17.04.060 Commercial district (COM) including historic district.

17.04.070 Light industrial district (LI).

17.04.080 Agricultural district (AG).

17.04.090 Open spaces (OS) (parks/cemetery).

17.04.100 Board of adjustment.

17.04.110 Planning commission.

17.04.120 Miscellaneous restrictions.

17.04.130 Administration and enforcement.

17.04.140 Amendments.

* For statutory provisions regarding zoning generally, see Chapter 35.63 RCW. The boundaries of these use districts shall be determined and defined by the adoption of a map, on which are shown the boundaries of each district and filed in the office of the city clerk. Unless otherwise specified, zone boundaries are topographical contour lines, lot lines, or the centerlines of streets, alleys, railroad rights-of-way or such lines extended.

Prior legislation: Ords. 574, 631, 668, 683, 702 and 816.

17.04.010 Purpose and use districts adopted.

A. Use Districts.

	Single-Unit Residential (R1)
	Multi-Unit Residential (R2)
	Commercial (COM)
	Light Industrial (LI)
	Open Spaces (parks and cemetery) (OS)
	Agricultural (AG)

1. Residential Districts (R1 and R2) – General Purposes.

a. Provide areas for residential uses at a range of densities consistent with public health and safety and the comprehensive plan for the city of Palouse.

b. Preserve and protect access to light, privacy, views, open space and natural features.

c. Provide for community facilities and nonresidential uses which complement and are compatible with residential uses and benefit from a residential environment.

d. Protect residential uses from effects of more intense land uses.

e. Protect residential districts from the effects associated with higher density residential districts by fostering quiet seclusion, fewer moving and stationary vehicles, larger yards and fewer people.

f. Preserve and protect low-density residential districts for dwelling units occupied by traditional and functional families.

2. Commercial District (COM) – General Purposes. The purpose and intent of the commercial district is to allow a maximum flexibility and diversity of uses in order to improve economic vitality and serve the needs of surrounding residents.

3. Light Industrial District (LI) – General Purposes.

a. Establish and reserve areas near major arterial streets and railroads for industrial uses.

b. Direct heavy traffic onto major arterial streets and away from residential streets.

c. Minimize conflicts between industrial and other land uses.

d. Protect industrial uses from encroachment by incompatible uses.

e. Protect the aquifer from drawdown by single high-volume industrial users.

Intended to provide locations for the manufacturing and assembly of materials into finished products, warehousing, storage, wholesale businesses, offices, limited retail and service uses which are compatible with the industrial uses. The LI district is typically located on or near sites with rail facilities or access to major arterial streets. By its nature, LI districts are typically located adjacent to commercial and residential districts. As such, these areas should be planned and regulated so as to have minimal impact upon these adjacent districts outside of the normal business day (e.g., limiting truck traffic and periods of increased noise to weekday daylight hours).

4. Open Spaces District (OS) – General Purposes.

a. Establish and reserve areas for recreational purposes.

b. Protect surface and ground water resources.

c. Preserve vistas.

d. Protect fish, wildlife, plants and geological hazardous areas from encroachment by incompatible land uses.

The purpose of this district is to have areas of natural habitat and recreation land that enhance the natural environment.

Intended to leave open natural spaces and protect present park areas and identify potential future park development.

5. Agricultural District (AG) – General Purposes. The purpose and intent of this district is to provide areas where the primary intended use is crop farming, and to preserve and maintain the rural character of these farmlands. This district also addresses the designation and protection of resource lands and critical areas such as prime farmland.

B. Land Use Restricted. No land or premises shall be used, unless otherwise provided in this title, except in conformity with the regulations prescribed in this title for the use districts in which such land or premises are located. [Ord. 922 §1, 2014].

17.04.020 Definitions.

As used in this chapter, the following terms shall have the following meanings:

“Abandonment of telecommunications facility or support structure” occurs when an owner of a support structure intends to permanently and completely cease all business activity associated therewith.

“Accessory equipment” means any equipment serving or being used in conjunction with a telecommunications facility or support structure. This equipment includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or other structures.

“Accessory structure” means any structure incidental, appropriate and subordinate to the main use of the property, and located on the same lot, or in the same building as the main use.

“Administrative official” means the city building inspector and a selected planning commission member of the city.

“Antenna” means any structure or device used to collect or radiate electromagnetic waves for the provision of services including, but not limited to, cellular, paging, personal communications services (PCS) and microwave communications. Such structures and devices include, but are not limited to, directional antennas, such as panels, microwave dishes and satellite dishes, and omnidirectional antennas, such as whips. This definition does not apply to broadcast antennas, antennas designed for amateur radio use, or satellite dishes designed for residential or household purposes.

“Apartment” means a room or suite of rooms in a multi-unit structure that is arranged, designated, used or intended to be used as a housekeeping unit for a single family.

“Block” means a group of lots, tracts or parcels within well-defined and fixed boundaries.

“Block front” means that portion of a platted block that fronts along a single street.

“Boundary” means the lot lines describing a lot of record.

“Buffer” means a strip of land having mature vegetation, trees, fencing, or other appropriate barrier, of which the purpose is to provide visual and physical screening between zones defined as incompatible.

“Building” means any structure built for support, shelter or enclosure of persons and property, or structures of any kind.

“Building height” means vertical distance measured from the average elevation of the proposed structure’s finished grade at the front of the building to the highest point of the roof for flat and mansard roofs and to the average height between the eaves and ridge for other types of roofs.

“Carrier on wheels or cell on wheels (“COW”)” means a portable, self-contained telecommunications facility that can be moved to a location and set up to provide wireless services on a temporary or emergency basis. A COW is normally vehicle-mounted and contains a telescoping boom as the antenna support structure.

“Collocation” means the act of siting telecommunications facilities on an existing structure without the need to construct a new support structure and without a substantial increase in the size of an existing structure.

“Concealed telecommunications facility” means any telecommunications facility that is integrated as an architectural feature of an existing structure or any new support structure designed so that the purpose of the facility or support structure for providing wireless services is not readily apparent to a casual observer.

“Development” means any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

“Duplex” means a structure containing two dwelling units.

“Dwelling unit” means any building or portion thereof that contains living facilities including provisions for sleeping, eating, cooking and sanitation.

“Existing structure” means previously erected support structure or any other structure, including, but not limited to, buildings and water tanks, to which telecommunications facilities can be attached.

“Fee schedule” means a document that City Hall holds and records all updated fees and schedules. Updated at least annually.

“Front” means the side of a lot or structure that faces the legal street address.

“Front yard” means an open space extending the full width of the lot and extending the full depth of the least distance between the front lot line and the front of a main building. Front yard is determined by established neighborhood precedent.

“Hazardous waste” means all dangerous and hazardous waste regulated by the Washington State Dangerous Waste Regulations, Chapter 173-303 WAC, or its successors.

“Home occupation” means an accessory use of a service character conducted within a dwelling by the residents thereof, which is clearly secondary to the dwelling use for living purposes and does not change the dwelling’s character.

“Infilling” means the planned conversion of empty lots, underused or rundown buildings and other available space in built up areas for use as sites for commercial buildings and housing, frequently an alternative to overbuilding.

“Lot area” means the total horizontal land area within the lot lines of a parcel of land, exclusive of public or private road and easements of vehicular access to other property.

“Major modifications” means improvements to existing telecommunications facilities or support structures that result in a substantial increase to the existing structure. Collocation of new telecommunications facilities to an existing support structure without replacement of the structure shall not constitute a major modification.

“Mini-storage/self-storage” is defined as a dedicated commercial facility in which customers rent or lease space to store personal property.

“Minor modifications” means improvements to existing structures that result in some material change to the facility or support structure but of a level, quality or intensity that is less than a substantial increase. Minor modifications include the replacement of the structure.

“Mobile home” shall be used interchangeably with the term “manufactured home” and both terms shall have the same meaning as these terms are defined in RCW 46.04.302 (as now appears or as may hereafter be amended). These terms shall not include recreational vehicles or travel trailers.

“Mobile home park” means a parcel of land (or contiguous parcels) divided into two or more mobile home lots for rent. Each lot shall have independent utilities and services.

“Monopole” means a single, freestanding pole-type structure supporting one or more antenna. For purposes of this chapter, a monopole is not a tower.

“New construction” means structures for which the “start of construction” commenced on or after the effective date of this title.

“Nonconforming use” means any use, building, and/or structure not in compliance with any one or all of the provisions contained in this title, which existed legally at the time of the adoption of this title.

“Off-street parking space” means an off-street surfaced area of not less than nine feet by 20 feet in size, exclusive of maneuvering and access area, permanently reserved for the temporary storage of one automobile and connected with a street by a surfaced driveway.

“Open space” is defined as an area of land or water that either remains in its natural state or is used for agriculture, free from intensive development for residential, commercial, industrial or institutional use. Open space can be publicly or privately owned. It includes agricultural and forest land, undeveloped estuarine lands, undeveloped scenic lands, public parks and preserves, and cemeteries. It also may include water bodies such as lakes and rivers.

“Ordinary maintenance” means ensuring that telecommunications facilities and support structures are kept in good operating condition. Ordinary maintenance includes inspections, testing and modifications that maintain functional capacity, aesthetic and structural integrity; for example the strengthening of a support structure’s foundation or of the support structure itself. Ordinary maintenance includes replacing antennas of a similar size, weight, shape and color and accessory equipment within an existing telecommunications facility and relocating the antennas of approved telecommunications facilities to different height levels on an existing monopole or tower upon which they are currently located. Ordinary maintenance does not include minor and major modifications.

“Park” means a piece of ground in or near the city kept for ornament and recreational purposes.

“Permitted use” means the specific purpose for which land and/or buildings is designated, arranged, intended, or for which it may be occupied or maintained. The term “permitted use” or its equivalent includes any nonconforming use.

“Planned development” refers to a new development within specified land use zones that is different from the layout and design otherwise permissible in such zones.

“Private club” means a nonprofit social organization whose premises are restricted to its members and their guests, and which premises may include certain structures and buildings used primarily for the accommodation of its members.

“Public building” means a building constructed for public purposes and usage by agencies and departments of local, county, state and federal government.

“Quadplex” means a structure containing four dwelling units.

“Rear yard” means an open space extending the full width of the lot between a main building and the rear lot line, unoccupied and unobstructed by buildings or structures from the ground upward.

“Replacement” means constructing a new support structure of proportions and of equal height or such other height that would not constitute a substantial increase to a preexisting support structure in order to support a telecommunications facility or to accommodate collocation and removing the preexisting support structure.

“Setback” means the distance in feet as measured from a lot line to the sill line of a building, or the closest point to the lot line of a structure.

“Side yard” means an open space extending from the front yard to the rear yard, between a building and a side lot line, unoccupied and unobstructed by buildings or structures from the ground upward. The required width of side yards shall be measured horizontally from the nearest point of the side lot line to the nearest part of the main building.

“Sign” means an identification, description, illustration or device which is affixed to or represented, directly or indirectly, upon a structure or land, and which directs attention to a product, place, activity, person, institution, business or profession.

“Structure” means a walled and roofed building or mobile home that is principally aboveground.

“Substantial improvement” means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred.

“Substantial improvement” is considered to exist when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. “Substantial improvement” does not, however, include either:

1. Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

2. Any alteration of a structure listed on the National Registration of Historic Places or a State Inventory of Historic Places.

“Substantial increase” occurs when:

1. The mounting of the proposed antenna on an existing structure would increase the existing height of the existing structure by more than 10 percent, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 10 feet, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this subsection if necessary to avoid interference with existing antennas; or

2. The mounting of the proposed antenna would involve the installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed four, or more than one new equipment shelter; or

3. The mounting of the proposed antenna would involve adding an appurtenance to the body of the existing structure that would protrude from the edge of the existing structure more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this subsection if necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable; or

4. The mounting of the proposed antenna would involve excavation outside the current existing structure site, defined as the current boundaries of the leased or owned property surrounding the existing structure and any access or utility easements currently related to the site.

“Support structure(s)” means a structure designed to support telecommunications facilities including, but not limited to, monopoles, towers, and other freestanding self-supporting structures.

“Telecommunication facility” means any unmanned facility established for the purpose of providing wireless transmission of voice, data, images or other information including, but not limited to, cellular telephone service, personal communications service (PCS), and paging service. A “telecommunication facility” can consist of one or more antennas and accessory equipment or one base station.

“Temporary housing” means a structure that does not meet the requirements of living space within this title. This includes campers, RVs, and use of an accessory building.

“Tower” means a lattice-type structure, guyed or freestanding, that supports one or more antennas.

“Triplex” means a structure containing three dwelling units.

“Visitor lodging” means hotel, motel, and licensed bed and breakfast facilities. [Ord. 954 §1, 2017; Ord. 922 §1, 2014].

17.04.030 Official map.

A. Official Zoning Map – Location. The city is divided into several zones or use districts as shown on the official zoning map which, together with all explanatory matter thereon, is adopted by reference and declared a part of this title. It shall bear the signature of the mayor and the date of the most recent ordinance adopting or amending the map.

The official zoning map shall be located in the City Hall and shall be the final authority as to the current zoning status of the town. Any amendments passed by the city council shall be duly recorded on the official map by the city clerk as expeditiously as possible after the action of the city council.

B. Critical Areas Map – Location. This map shows prime farmland, erosion-prone areas, wetlands, and fish and wildlife habitat conservation areas within the city of Palouse. It is adopted to be used in the implementation and interpretation of Chapter 17.24 PMC, Critical Areas Protection. The map shall be located in the City Hall.

C. Replacement of Map. In the event either map becomes damaged, destroyed, lost or difficult to interpret because of the nature of the changes or additions thereto, the city council may, by resolution, adopt a new map, in whole or in part, which shall supersede the prior map. The new map may correct errors or omissions in the prior map, but no such corrections shall have the effect of amending the original ordinance or any subsequent amendment thereof. [Ord. 922 §1, 2014].

17.04.040 Single-unit residential district (R1).

A. Purpose of Single-Unit Residential District. Intended to establish areas for low-density residential developments consisting of detached single-unit dwellings with a maximum density of six dwelling units per acre. The purpose and intent of this district is to provide areas free from noise, hazards, dust and traffic normally associated with commercial and industrial activities. The provisions for this zone are intended to preserve existing character and value of residential neighborhoods.

B. Principal Uses Permitted Outright. The following principal uses in the single-unit residential district (R1) shall be permitted outright:

1. Single-family dwellings;

2. Public schools;

3. Parks and open space;

4. Low-impact home-based businesses; provided, that only one outside person is employed;

5. All agriculture, horticulture or general farming, excluding agriculture uses which would present a danger to the health or safety of neighboring residences or which would be a nuisance because of continuing noise, odor or air pollution problems, such as feed lots, fertilizer, or petroleum products storage, or commercial poultry operations;

6. Existing telecommunication facilities and support structures.

a. Ordinary maintenance of existing telecommunications facilities and support structures, as defined herein, shall be exempt from zoning and permitting requirements. In addition, the following facilities are not subject to the provisions of this section: (i) antennas used by residential households solely for broadcast radio and television reception; (ii) satellite antennas used solely for residential or household purposes; (iii) COWs placed for a period of not more than 120 days at any location within city of Palouse after a declaration of an emergency or a disaster; and (iv) television and AM/FM radio broadcast towers and associated facilities.

C. Accessory Uses Permitted Outright. The following accessory uses in the single-unit residential district (R1) shall be permitted outright:

1. Accessory uses and buildings normally incidental to the above permitted residential uses, excluding structures for the storage of farm products for eventual sale;

2. A garage or group of garages containing space for private storage and maintenance of automobiles, excluding heavy farm and commercial equipment;

3. Greenhouses intended for private use;

4. Household pets and other animals kept for the private use and enjoyment of the resident as long as a nuisance, health or environmental hazard is not created (subject to rules and restrictions found in PMC Title 6 and Chapter 17.24 PMC).

5. Household materials kept for the use of the resident as long as a nuisance, health, or environmental hazard is not created.

D. Conditional Uses Permitted. The board of adjustment may grant conditional use permits to the following uses under such conditions that apply within this title or which may be further set forth by the board of adjustment to achieve harmony with permitted uses at the time of permit:

1. Home occupations that employ more than one person beyond the occupants of the dwelling;

2. Duplexes and triplexes;

3. Churches;

4. Fire, police, EMT facilities, or other community or public buildings necessary for government or utility functions;

5. Temporary uses necessary for community convenience. The proposed use shall be consistent with the comprehensive plan;

6. Child care centers;

7. Assisted living facilities (adult family home);

8. School’s barns and stables;

9. Temporary housing for construction purposes as defined in PMC 17.04.020. Owner-occupied, temporary housing for property owners only during construction of a single-unit dwelling. The permit shall be limited to 180 days (six months). If an extension is needed, it must be a new application to the board of adjustment and limited to another 180 days, maximum. Only one extension may be applied for. If the approved limit has been exceeded by the owner, city utilities will be disconnected by Palouse public works staff. Additionally, at that time residing in the temporary housing will no longer be permitted. Fines may be assessed according to PMC 1.12.010.

Before application can be made for a conditional use for temporary housing, the following criteria must be met:

a. Building permit for the residence must be approved by the city building inspector;

b. Only the property owner may apply for a conditional use permit to reside in temporary housing during construction of his or her single-unit dwelling;

c. Water and sewer utilities must be extended to the property and an account set up for payment of monthly rates during construction;

10. Wireless telecommunication facilities and support structures. Any action taken to construct or collocate a wireless telecommunication facility, tower, and/or support structure will be understood, evaluated, and processed as a “variance” by the board of adjustment. As such, all procedural actions taken by the board of adjustment will adhere to PMC 17.04.100(C).

a. Wireless telecommunication facility and support structure applications can be obtained at Palouse City Hall.

b. Abandonment and Removal. If a telecommunication facility, tower and/or support structure is abandoned, and it remains abandoned for a period in excess of 12 consecutive months, the city of Palouse may require that such structure be removed only after first providing written notice to the owner of the structure and giving the owner the opportunity to take such action(s) as may be necessary to reclaim the structure within 30 days of receipt of said written notice. In the event the owner of the structure fails to reclaim the structure within the 30-day period, the owner of the structure shall be required to remove the same within six months thereafter. The city of Palouse shall ensure and enforce removal by means of its existing regulatory authority.

E. Density, Lot Size and Setback. The following shall apply in the single-unit residential district (R1):

1. Lot Size. Not less than 7,000 square feet for single dwelling units, except lots of record on the effective date of the ordinance codified in this title having less than 7,000 square feet on that date.

2. Setback Required. The minimum setback for all uses from the property boundaries shall be 20 feet for front yards and 10 feet for rear yards, as measured from the drip line of any improvement to the centerline of the adjacent alley, five feet for side yards except 15 feet for side yards along flanking street or corner lot.

3. Height Limit. No building shall exceed a height of 35 feet from lowest grade.

4. Lot Coverage Limit. For residential uses and accessory structures, maximum lot coverage shall not exceed 48 percent. Newly constructed single-family dwelling units shall have a minimum of 750 square feet of living area; duplexes shall have a minimum of 1,500 square feet; and triplexes shall have a minimum of 2,250 square feet.

5. Home-based businesses, including storage, shall be conducted wholly within an enclosed building except for off-street parking, loading, unloading.

6. Conditional Nonresidential Structures. Conditional nonresidential structures shall blend with the general overall appearance of existing residences by having a siding which is comparable in appearance to that of existing residences.

7. Barns and Stables. Animal sheds, barns and stables shall be set back the same as any structure in the R1 zone. See PMC Title 6 for minimum pasture size requirements.

8. Off-Street Parking. All uses shall conform to the off-street parking requirements of PMC 17.04.120.

9. Noise and Odor Levels. Noise and odor levels shall not exceed those normally expected in a residential neighborhood. Odors are addressed in PMC 8.12.020.

F. Prohibited Uses.

1. There is no residing in tents, campers, or motorized vehicles for greater than 29 days per annum, except as provided in subsection (D)(9) of this section.

2. Mini-storage business is prohibited outright. [Ord. 954 §1, 2017; Ord. 922 §1, 2014].

17.04.050 Multi-unit residential district (R2).

A. Purpose of Multi-Unit Residential District (R2). The purpose and intent is to provide areas for a higher density of housing units and multi-dwelling units, while preserving the existing character of the city. The district will include provisions for minimum impact on neighboring zones.

B. Principal Uses Permitted Outright. The following principal uses in the R2 district shall be permitted outright:

1. All R1 permitted uses;

2. Duplexes, triplexes, quadplexes;

3. Existing telecommunication facilities and support structures.

C. Accessory Uses Permitted Outright. The following accessory uses in the R2 district shall be permitted outright:

1. Accessory uses and buildings normally incidental to the above permitted R2 residential uses.

2. All accessory uses permitted in R1.

D. Conditional Uses Permitted. The board of adjustment may grant conditional use permits to the following uses, with the intent of allowing a diversity of uses which, because of their potentially incompatible characteristics, require a greater degree of control, and to achieve harmony with permitted uses at the time of permit:

1. Multi-dwelling developments;

2. Apartment complexes of five or more dwelling units;

3. Mobile home parks, subject to provisions found in Chapters 17.16 and 17.20 PMC;

4. Retirement centers and adult family homes;

5. Nursing homes;

6. Day care centers;

7. Home occupations which employ more than one person beyond the occupants of the dwelling;

8. Churches;

9. Fire, police, and EMT facilities, or other community or public buildings necessary for government or utility functions;

10. Temporary uses necessary for community convenience;

11. Wireless telecommunication facilities and support structures. Any action taken to construct or collocate a wireless telecommunication facility, tower, and/or support structure will be understood, evaluated, and processed as a “variance” by the board of adjustment. As such, all procedural actions taken by the board of adjustment will adhere to PMC 17.04.100(C).

a. Wireless telecommunication facility and support structure applications can be obtained at Palouse City Hall.

E. Density, Lot Size and Setback. The following shall apply in the residential (R2) district:

1. Lot Size. Not less than 10,000 square feet for dwellings, except lots of record on the effective date of the ordinance codified in this title having less than 10,000 square feet on that date.

3. Height Limit. No building shall exceed a height of 35 feet from lowest grade.

4. Lot Coverage Limit. Maximum lot coverage shall not exceed 48 percent, of which not more than 30 percent shall be used for accessory structures; at least 10 percent of the total lot size shall consist of green space/landscaping.

5. Minimum Dwelling Size. Newly constructed single-family dwelling units shall have a minimum of 750 square feet of living area; duplexes shall have a minimum of 1,500 square feet; triplexes shall have a minimum of 2,250 square feet; and quadplexes shall have a minimum of 3,000 square feet.

6. Home-Based Businesses. Home-based businesses, including storage, shall be conducted wholly within an enclosed building except for off-street parking, loading, unloading and merchandise display during normal business hours.

7. Nonresidential structures requiring a conditional use permit shall blend with the general overall appearance of existing residences by having a siding which is comparable in appearance to that of existing residences.

8. Landscaping. Landscaping, screening and buffering shall be required of all conditional nonresidential uses to obscure the majority of the facilities’ negative impacts.

9. Barns and Stables. Animal sheds, barns and stables shall be set back the same as any structure in the R2 zone. See PMC Title 6 for minimum required pasture sizes per specific animal.

10. Off-Street Parking. All uses shall conform to the off-street parking requirements of PMC 17.04.120.

11. Noise and Odor Levels. Noise and odor levels shall not exceed those normally expected in a residential neighborhood. Odors are addressed in PMC 8.12.020.

F. Prohibited Uses.

1. There is no residing in tents, campers, or motorized vehicles for greater than 29 days per annum, except as provided in PMC 17.04.040(D)(9).

2. Mini-storage business is prohibited outright. [Ord. 954 §1, 2017; Ord. 922 §1, 2014].

17.04.060 Commercial district (COM) including historic district.

A. Purpose of the Commercial District. The purpose and intent of the commercial district is to allow a maximum flexibility and diversity of uses in order to improve economic vitality and serve the needs of surrounding residents.

B. Principal Uses Permitted Outright. The following principal uses in commercial district (COM) shall be permitted outright:

1. Businesses providing retail and wholesale sales or professional service; except for on-site storage of products which, by their nature, are a potential hazard to densely populated areas because of the possibility of explosion, fire, or leakage;

2. Home occupations/home-based businesses;

3. Gas stations or garages;

4. Restaurants or taverns;

5. Visitor lodging;

6. Personal service establishments including barbershops, beauty parlors, car washes, medical facilities, and laundromats;

7. Light, low-impact manufacturing with no outside storage which will not generate excessive noise, smoke, dust, pollution and congestion; nor be a threat to public health and safety;

8. Library and City Hall, and other buildings for private or public organization use;

9. Public and private parks, playgrounds or recreational uses;

10. Schools;

11. Non-storefront, street-level, residential uses;

12. Upstairs residential uses;

13. Schools, churches, theaters, museums, and galleries;

14. Community clubhouses or other buildings for private or public activities;

15. Public or private parks, playgrounds, or recreational areas;

16. Existing telecommunication facilities and support structures.

C. Accessory Uses Permitted Outright. The appropriate accessory structure located on the same lot with a permitted use in the commercial district (COM) including historic district may be permitted.

D. Conditional Uses Permitted. The following conditional uses in the commercial district (COM) including historic district may be permitted:

1. All residential uses and accessory uses listed in the R1 zone;

2. Commercial or private grain, seed and agricultural chemical storage;

3. Storefront, street-level, residences;

4. Churches, schools, and fire, police, and medical facilities;

5. Mini-storage business;

6. Wireless telecommunication facilities and support structures. Any action taken to construct or collocate a wireless telecommunication facility, tower, and/or support structure will be understood, evaluated, and processed as a “variance” by the board of adjustment. As such, all procedural actions taken by the board of adjustment will adhere to PMC 17.04.100(C).

a. Wireless telecommunication facility and support structure applications can be obtained at Palouse City Hall.

E. Prohibited Uses.

1. Uses which would pose a threat of explosion, fire, leakage of potentially dangerous materials, or other hazardous conditions shall not be permitted.

2. There is no residing in tents, campers, or motorized vehicles for greater than 29 days per annum except as provided in PMC 17.04.040(D)(9).

F. Density, Lot Size, and Setback.

1. Lot Size. Not less than 5,000 square feet, except lots of record on the effective date of the ordinance codified in this title having less than 5,000 square feet on that date.

2. Setback Required. Residential uses shall have a front yard setback of 20 feet, 10 feet for rear yards, and five feet for side yards except on a corner lot where the setback shall be 15 feet. No setback is required for nonresidential commercial uses except on a corner lot where a hazard may be created. Minimum setback shall be 10 feet in such circumstances. If nonresidential commercial uses are located adjacent to or across the street from a low-density zoned residential district, the setbacks shall conform to the setbacks required in the low-density residential district.

3. Height Limit. No building shall exceed a height of 35 feet or two stories.

4. Bulk Requirements. Residential uses shall have maximum lot coverage 48 percent.

5. All commercial doorways flanking sidewalks and streets shall open toward the outside of the building.

6. Commercial properties abutting, adjacent to, or across a river or public roadway from an R1 or R2 zoning district shall apply the following buffering standards:

a. Any front, rear, or side facing the R1 or R2 district shall be screened by a minimum of a five-foot-wide all-season maintained landscaped or fenced area.

b. Planting or fencing height and width shall effectively screen 25 percent of the view of the adjacent uses.

c. Property entry and exit openings shall not exceed 50 percent of the developed lot frontage, and in no case exceed a total of 100 feet.

d. Maintained landscaped area shall avoid obstructing views of crosswalks, intersections, and streetlights.

e. Landscaping shall be required for parking lots of 10 spaces or more, with minimum landscaping requirement of 10 percent of the total lot area.

7. All uses shall conform to the off-street parking requirements specified in PMC 17.04.120 (A)(1) through (7).

8. Noise and Odor Levels. Noise and odor levels shall not exceed those normally expected in a commercial area. Odors are addressed in PMC 8.12.020.

9. Off-Street Loading and Unloading. On every commercial or industrial lot, there shall be provided space outside a building for the unloading of goods and materials. Such space shall not be less than 15 feet in width or less than 30 feet in length, nor less than 15 feet in height. Such space shall be provided with access to an alley or, if no alley adjoins the lot, then with access to a street. [Ord. 954 §1, 2017; Ord. 922 §1, 2014].

17.04.070 Light industrial district (LI).

A. Purpose of Light Industrial District. The purpose of this district is to provide areas for light, clean, industrial uses of a manufacturing or storage nature having a low degree of process visibility, with the intent to minimize impacts on neighboring zones.

B. Principal Uses Permitted Outright. The following principal uses in the light industrial zone shall be permitted outright, providing the uses are not potentially hazardous to densely populated areas because of the possibility of explosion, fire, or leakage, and providing the uses generate no more than a minimal amount of air, water, and noise pollution:

1. Light manufacturing, storage, fabricating, and processing uses and ancillary office buildings.

2. Retail establishment with products manufactured, packaged or otherwise prepared on site, or whose products are of such bulk or shape that they customarily require some outdoor storage.

3. Public facilities with industrial-type uses.

4. Residential quarters intended for use by security or custodial persons associated with adjacent businesses;

5. Existing telecommunication facilities and support structures.

C. Conditional Uses Permitted. In order to protect public and environmental safety, a conditional use permit is required for the following uses. A buffer is required to reduce incompatibility with adjacent uses.

1. Fuel storage and distribution yard;

2. Chemical storage;

3. Recycled materials facility;

4. Mini-storage business;

5. Wireless telecommunication facilities and support structures. Any action taken to construct or collocate a wireless telecommunication facility, tower, and/or support structure will be understood, evaluated, and processed as a “variance” by the board of adjustment. As such, all procedural actions taken by the board of adjustment will adhere to PMC 17.04.100(C).

a. Wireless telecommunication facility and support structure applications can be obtained at Palouse City Hall.

D. Prohibited Uses. The following uses shall be prohibited outright:

1. Commercial outdoor kennels;

2. Heavy industrial uses, defined as large-scale manufacturing with a high degree of process visibility, hazard, and annoyance, requiring extensive outdoor storage of materials and products, or likely to create air, water, and noise pollution.

E. Density, Lot Size, and Setback. The following shall apply in the light industrial district (LI):

1. Lot size shall not be less than 10,000 square feet, with a minimum boundary length of 50 feet on any side. The exception would be lots of record on the effective date of the ordinance codified in this title having less than 10,000 square feet.

2. Setback Required. The minimum setback for all uses from the property boundaries shall be: 20 feet for front yards; 15 feet for rear yards, or 20 feet to the centerline of a rear alley; 10 feet for side yards; 15 feet for side yards along flanking street of a corner lot.

3. Height Limit. No building shall exceed a height of 35 feet from lowest grade, with the exception of grain storage elevators.

4. Lot Coverage Limit. Unrestricted except for setbacks and off-street parking requirements as specified in PMC 17.04.120(A)(1) through (7).

5. Light industrial properties abutting, adjacent to, or across a river or public roadway from an R1 or R2 zoning district shall apply the following buffering standards:

a. Any front, rear, or side facing the R1 or R2 district shall be screened by a minimum of a five-foot-wide all-season maintained landscaped or fenced area.

b. Planting or fencing height and width shall effectively screen 50 percent of the view of the adjacent uses.

c. Property entry and exit openings shall not exceed 50 percent of the developed lot frontage, and in no case exceed a total of 100 feet.

d. Maintained landscaped area shall avoid obstructing views of crosswalks, intersections, and streetlights.

e. Landscaping shall be required for parking lots of 10 spaces or more, with a minimum landscaping requirement of 15 percent of the total lot.

6. Off-Street Parking. All uses shall conform to the off-street parking requirements of PMC 17.04.120(A)(1) through (7).

7. Noise and Odor Levels. Noise and odor levels shall not exceed those normally expected in a light industrial area. Odors are addressed in PMC 8.12.020. [Ord. 954 §1, 2017; Ord. 922 §1, 2014].

17.04.080 Agricultural district (AG).

A. Purpose of Agricultural District. The purpose and intent of this district is to provide areas where the primary intended use is crop farming, and to preserve and maintain the rural character of these farmlands. This district also addresses the designation and protection of resource lands and critical areas such as prime farmland.

B. Principal Uses Permitted Outright. The following principal uses in the agricultural district shall be permitted outright:

1. Field cropping and related activities;

2. Existing telecommunication facilities and support structures.

C. Accessory Uses Permitted Outright. The following accessory uses in the agricultural district shall be permitted outright:

1. The usual accessory structures necessary for the principal permitted agricultural uses, excepting those prohibited uses listed below.

2. There shall be a height limit of 35 feet on accessory structures, excepting those already existing as of November 15, 1996.

D. Conditional Uses Permitted. The board of adjustment may grant conditional use permits for the following uses, with the intent of permitting small scale diversified farming operations but discouraging large scale commercial uses. These uses shall be of an appropriate size and location in order not to conflict with neighboring zones. These uses must also meet conditions which may be further set forth by the board of adjustment:

1. Small scale nurseries, greenhouses and horticultural activities and associated structures, not exceeding 48 percent of buildable land area;

2. Signs related to property use, no larger than four feet by eight feet;

3. Roadside stands and on-premises sales of crops or produce grown on the premises;

4. A one-family residence, with the provisions that the subject land has not been commercially farmed or cultivated in the preceding three years and site access has been officially approved by the board of adjustment;

a. Wireless telecommunication facility and support structure applications can be obtained at Palouse City Hall.

E. Prohibited Uses. The following uses shall be prohibited outright:

1. Feedlots, slaughterhouses, and livestock sales yards;

2. Topsoil removal for commercial sale;

3. Nonagricultural uses, excepting residences as provided in subsection (D)(4) of this section;

4. All uses which would present a danger to the health or safety of neighboring residents;

5. There is no residing in tents, campers, or motorized vehicles for greater than 29 days per annum, except as provided in subsection (D)(4) of this section and PMC 17.04.040(D)(9);

6. Mini-storage business is prohibited outright.

F. Density, Lot Size and Setback. The following shall apply in the agricultural district:

1. Density. Unrestricted, excepting conditional residential use, for which density shall be not more than one dwelling unit per parcel.

2. Lot Size. Unrestricted, if no residence. For a lot having a dwelling, minimum lot size shall be 10 acres.

3. Setbacks. The minimum setback for accessory and conditional structures shall be 20 feet on all sides, except that a minimum of 35 feet shall be required for a structure adjacent to a roadway. [Ord. 954 §1, 2017; Ord. 922 §1, 2014].

17.04.090 Open spaces (OS) (parks/cemetery).

A. Purpose of Open Spaces. The purpose of open spaces is to enrich the lives of Palouse’s citizens by providing an integrated system of habitat, city and recreation lands that defines and enhances the built and natural environment, supports and nurtures plant and wildlife habitat, and offers a well-balanced range of recreation opportunities. Details specific to these areas in Palouse may be found in the document “City of Palouse Parks, Trails, and Open Space Five Year Plan” adopted May 27, 2008, or as subsequently updated.

B. Uses Permitted Outright. The following outdoor recreational uses shall be permitted outright provided they do not involve disturbance of the resource or site area, including, for example:

1. Fishing;

2. Bird watching;

3. Hiking;

4. Horseback riding;

5. Bicycling;

6. Harvesting wild crops in a manner that is not injurious to the natural reproduction of such crops and provided the harvesting does not require tilling of soil, planting of crops or alteration of the resource by changing existing topography, vegetation, water conditions or water sources;

7. Education, scientific research and use of nature trails;

8. Picnicking;

9. Cemeteries.

C. Conditional Uses. In order to protect the public and the environmental resource, a conditional use permit is required for any other uses, such as dog parks and skating parks. A buffer is required to reduce incompatibility with adjacent uses.

D. Prohibited Uses. The following are prohibited in open spaces:

1. Dumping of trash, equipment or animal wastes;

2. Nondesignated camping;

3. Hunting within the city limits;

4. Telecommunication facilities, towers, and/or support structures. [Ord. 954 §1, 2017; Ord. 922 §1, 2014].

17.04.100 Board of adjustment.

A. Board of Adjustment – Members – Meetings – Regulations.

1. There is created a board of adjustment. The board of adjustment shall consist of five members, all of whom shall serve without compensation. The board of adjustment shall be appointed by the mayor and approved by the Palouse city council for appointments and vacancy. Any member may be removed by the mayor. The initial membership shall consist of appointments for terms of one, two, three, four, and five years; each appointment thereafter shall be for two years.

2. The presence of three voting members of the board of adjustment shall constitute a quorum. The board shall keep minutes of its proceedings, showing the action of the board on each question, and shall keep records of its examinations and official actions, all of which shall remain on file with the city clerk-treasurer.

3. The board shall adopt rules and regulations for its own government.

B. Board of Adjustment to Hear and Decide Conditional Use Permits – Procedure. The board of adjustment shall hear and decide all applications for conditional use permits. The following standards, criteria, and procedures shall apply to any conditional use permit authorized by this title.

1. A conditional use permit may only be granted for those uses specifically identified and allowed in the applicable use district, subject to the following limitations:

a. The conditional use and any conditions imposed by the board of adjustment will not adversely affect the public health, safety and welfare.

b. The proposed use, with any conditions imposed, will be in compliance with the standards set out in this title for the use district applicable to the proposed use.

c. The findings of fact adopted by the board of adjustment to support their decision clearly indicate that the above-listed criteria have been fulfilled.

2. The board of adjustment may impose any conditions or safeguards upon granting a conditional use permit which are necessary to ensure conformity with the provisions of this title and protection of the public health, safety and welfare. Failure to fulfill any condition imposed by the board of adjustment shall be a violation of this title, and the permit may be revoked. Conditions may include, but are not limited to, the following:

a. Specify a time limit within which the action for which the conditional use permit is required shall be begun or completed, or both;

b. Require a periodic review of an issued permit to assure compliance with any imposed conditions;

c. Increase the required lot size and yard dimensions;

d. Limit the height or total lot coverage of buildings;

e. Control the number and location of vehicular access points to the property;

f. Control the number of off-street parking or loading spaces;

g. Require suitable landscaping and drainage control;

h. Control signing;

i. Control hours of operation;

j. Control nuisance matters of noise, colors, air pollution, wastes, vibration, traffic, physical hazards and glare.

C. Board of Adjustment to Hear and Decide Variances – Circumstances Applicable.

1. The board of adjustment shall hear and decide all applications for variances from the requirements of this title. Any variance granted shall be subject to such conditions as will ensure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the standards and limitations applied to other properties in the use district. The findings of fact adopted by the board of adjustment to support their decision indicate that the following circumstances apply:

a. When special circumstances are applicable to the subject property, including size, shape, topography, location or surroundings, the strict interpretation of the zoning standards is found to deprive the subject property of rights and privileges enjoyed by other properties under identical zone classifications;

b. The granting of the variance will not be detrimental to the public health, safety, and welfare, or be injurious to other properties and improvements in the vicinity of the subject property;

c. The variance is not required solely due to actions by the applicant which prevent direct compliance with use standards applicable to the subject property;

d. The variance is not required simply for economic benefit constituting a grant of special privilege to the subject property.

D. Hearings – Notice Procedure. Applications to the board of adjustment shall be filed with the administrative officials on approved forms. Upon receipt of application for a conditional use or variance, the administrative officials shall set the time and place for a public hearing, and written notice thereof shall be addressed through the United States mail to all property owners of record within a radius of 300 feet of the exterior boundaries of the subject property. The written notice shall be postmarked not less than 12 days prior to the hearing.

E. Effect of Board Action. The action by the board of adjustment on an application for a conditional use permit or a variance shall be final and conclusive unless, within 21 days from the issuance of the board’s decision, a land use petition is filed in superior court in accordance with RCW 36.70C.040. Chapter 36.70C RCW shall be the exclusive means of judicial review of city of Palouse board of adjustment land use decisions. [Ord. 922 §1, 2014].

17.04.110 Planning commission.

A. Planning Commission Established. Pursuant to the authority of Chapter 35.63 RCW, a planning commission is hereby created and established.

B. Membership and Term of Office. The planning commission shall consist of seven members. When necessary a representative from the city council or mayor may be requested to attend. The planning commission shall be appointed by the mayor and confirmed by the city council. The seven regular members shall be assigned positions 1 through 7. Each position shall serve for a term of three years, except the initial term of positions 1 and 2 shall be one year, and the initial term of positions 3 and 4 shall be two years.

C. Residence of Members. All members of the planning commission shall be residents of the city of Palouse.

D. Vacancies and Removal.

1. Vacancies occurring otherwise than through the expiration of terms shall be filled for the unexpired terms by the mayor and confirmed by the city council.

2. Members may be removed, after public hearing, by the mayor with the approval of the city council for inefficiency, neglect of duty, or malfeasance in office.

E. Duties. The planning commission shall investigate, review, and make recommendations to the city council on the creation, adoption, and/or revision of a comprehensive plan, and to investigate, make recommendations, and report to the city council on matters relating to land use planning and zoning which the council may from time to time submit to the planning commission.

F. Meetings. The planning commission shall hold regular meetings at least once per quarter. Four members shall constitute a quorum for conducting business. The meetings shall be held in the city council chambers or such other place as the commission may designate. All meetings shall convene at 7:00 p.m. unless a different time is fixed by the commission. If there is no regularly scheduled business to come before the commission at a regularly scheduled meeting, the meeting may be canceled.

G. Organization. The planning commission members shall adopt, by resolution, rules and regulations for its own self-government. [Ord. 922 §1, 2014].

17.04.120 Miscellaneous restrictions.

A. Off-Street Parking. In all districts defined in this title, there shall be provided at the time of erecting new structures, or at the time of enlarging, moving or increasing the capacity of existing structures, a minimum of off-street parking spaces provided according to the following requirements:

1. Single-unit residential off-street parking may be located within the yard (setback) requirements.

2. An off-street parking area shall consist of an appropriately surfaced area of not less than nine feet by 20 feet, exclusive of maneuvering areas and access areas, permanently reserved for the temporary storage of one automobile and be connected with a street by an appropriately surfaced driveway.

3. Location. For single, duplex, triplex and quadplex structures the off-street parking shall be provided on the same lot with the building they are required to serve.

4. Location. For multi-unit dwellings over four apartments in size, the off-street parking spaces shall be within 200 feet of the unit which they are required to serve.

5. Location. For other uses the parking spaces shall be within 800 feet of the structure which they are required to serve.

6. All off-street parking spaces shall be adequately surfaced so as to provide drainage from the parking spaces to avoid standing water and to allow year-round access and use of the parking spaces.

7. Landscaping. Should more than three parking spaces be required, the parking lot shall be landscaped to shield adjacent residences from noise, exhaust fumes and lights.

B. Signs.

1. a. Only the following banners and flags may be flown on street lamp posts within the city or the flag standards affixed to them and no others:

i. The national flag of the United States of America;

ii. The flag of the state of Washington;

iii. The National League of Families’ POW-MIA flag;

iv. The city flag of Palouse; and

v. Any other flag or banner which the city council may decide to be flown from time to time by council vote.

b. The above-stated banners and flags may be flown by the city on the street lamp posts or on the flag standards affixed to them on the dates adopted by city council from time to time. Currently, the holidays or designated dates for flying the national flag of the United States of America, the flag of the state of Washington, the National League of Families’ POW-MIA flag, and the city flag of Palouse are as follows:

i. Third Monday in January (Martin Luther King, Jr. Day);

ii. Third Monday in February (Presidents’ Day);

iii. March 30th (Welcome Home Vietnam Veterans Day);

iv. April 9th (Former Prisoner of War Day);

v. Third Saturday in May (Armed Forces Day);

vi. Last Monday in May (Memorial Day);

vii. June 14th (Flag Day);

viii. June 19th (Juneteenth);

ix. July 4th (Independence Day);

x. July 27th (Korean War Veterans Armistice Day);

xi. First Monday in September (Labor Day);

xii. September 11th (Patriot Day);

xiii. Second Saturday after Labor Day (Palouse Days);

xiv. Third Friday in September (POW/MIA Recognition Day);

xv. Tuesday following the first Monday in November (Election Day);

xvi. November 11th (Veterans Day);

xvii. December 7th (Pearl Harbor Remembrance Day).

No other banners or flags shall be permitted. Nothing herein is intended in any way to prohibit or curtail individuals from carrying flags or banners in public and/or displaying them on private property.

2. No person or entity shall paint, mark or write on, or post or otherwise affix, any handbill or sign to or upon any public crosswalk, curb, curbstone, street lamp post, hydrant, tree, shrub, tree stake or guard, electric light or power or telephone pole, or wire appurtenance thereof or upon any lighting system, public building, drinking fountain, street sign or traffic sign.

3. Penalty. Any flag, banner, handbill or sign found posted or otherwise affixed upon public property contrary to the provisions of this subsection (B) may be removed by the Palouse police department or department of public works. The person or persons responsible for any such illegal posting or affixing shall be liable for the cost incurred in the removal thereof and the department of public works or police department is authorized to collect such cost.

C. Minimum Space Requirements – Residences – Apartments – Lodging – Health Care – Businesses. The following minimum space requirements shall be applicable in all zones within the city:

1. Residential structures, single-dwelling unit, duplex, triplex, quadplex: one space per dwelling unit.

2. Apartment structures over four units: one and one-half spaces per dwelling unit.

3. Boarding houses, lodging houses, or rooming houses: one space per sleeping room.

4. Motels or hotels: one space per sleeping unit.

5. Hospitals, nursing homes, health care or social service institutions: one space for each three beds.

6. Theaters: one space for each four seats.

7. Commercial: one space for each 300 square feet of retail floor area.

8. Light industrial: one space for every two employees. [Ord. 1014 §2, 2022; Ord. 995 §§1, 2, 2020; Ord. 993 §1, 2020; Ord. 922 §1, 2014].

17.04.130 Administration and enforcement.

A. Administrative Officials – Duties. The building inspector shall be the administrative official for this title. If the administrative official finds that any provision of this title is being violated, they shall notify in writing the person responsible for such violation, indicating the nature of the violation, and the action necessary to correct it. The administrative official shall order discontinuance of illegal use of land, building, structure, or wireless telecommunication facility; removal of illegal buildings, structures, additions, of structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this title to ensure compliance with or to prevent violation of its provisions. The administrative official shall make available to the public application materials for approvals and amendments authorized by this title.

B. Violation – Penalty.

1. Any person, firm, company, corporation or organization that violates or otherwise fails to comply with the provisions of this title shall be subject to a civil penalty of not more than $300.00 for each violation. Each day’s continuance thereof shall be deemed a separate and distinct violation.

2. The existence of a civil penalty or pendency of any proceedings to enforce and collect such a civil penalty under the provisions of this title shall not be construed to affect the right of the city to proceed with the enforcement of the provisions of this title by other civil proceedings, either at law or equity in any court of competent jurisdiction. Compliance may be enforced by injunctional order at the suit of the city or by an owner or owners of land affected or anyone who may otherwise demonstrate that standing has been conferred upon them by law.

3. All court costs shall be paid by the party in violation of this title.

4. The city, at its option, may also seek revocation of any permit or license previously granted pursuant to the provisions of this title.

C. Fees. No permit, conditional use permit, variance, or rezone shall be issued, nor shall any action be taken on proceedings before the board of adjustment or planning commission, unless or until all charges and fees have been paid in full. See the fee schedule set by the Palouse city council.

D. Application fees for wireless telecommunication facilities and support structures shall be waived at all times for city of Palouse government agencies. [Ord. 954 §1, 2017; Ord. 922 §1, 2014].

17.04.140 Amendments.

A. Amendments – How Initiated. Whenever public necessity, health, safety or general welfare requires amendments to this zoning title, the procedure described in this chapter shall be followed.

Amendments must be initiated at a public city council or planning commission meeting by:

1. Any person or group with an interest in the proposed amendment;

2. The planning commission;

3. The city council.

B. Planning Commission – Action Required – Procedures.

1. Public Hearing. The planning commission shall hold at least one public hearing for any change in this title, including changes to the official map. Notice of the public hearing shall be published in a newspaper of general circulation at least 10 days prior to the meeting.

2. Findings of Fact. Whenever a proposed amendment to this title or the official map is considered by the planning commission at a public hearing, the commission shall prepare findings of fact which shall support its actions. All relevant facts leading to the commission’s decision shall be included in a list of facts which shall be transmitted to the city council with the commission’s recommendation for or against the proposed amendment.

3. Voting. A recommendation for amendment shall be valid if passed by the affirmative vote of a majority of the total members of the commission.

C. City Council – Action Required – Procedure.

1. Public Hearing. The city council shall hold at least one public hearing for any change in this title, including changes to the official map. Notice of the public hearing shall be published in a newspaper of general circulation at least 10 days prior to the meeting.

2. Findings of Fact. The city council must adopt a listing of factors considered in their decision on the proposed amendment. In preparing their list, they shall consult the findings of fact prepared and transmitted to them by the planning commission.

3. Action by the City Council. The city council shall consider the recommendation of the planning commission for amendment of this title or the official map. If the planning commission recommendation is satisfactory to the council, it may be adopted by ordinance. If the council wishes to substantially change the amendment as recommended by the planning commission, it must first transmit the proposed alternative to the planning commission for their review and comment. The council shall consider the comments of the planning commission concerning its proposed alternative prior to taking final action on the council-prepared ordinance.

4. Effect. Action by the council shall be final and conclusive, unless within 30 days from the date of the action the original application or a party adversely affected makes proper application to a court of competent jurisdiction for a writ of certiorari, a writ of prohibition, a writ of mandamus, or other action as may be provided and allowed by law to review the action of the city council. [Ord. 922 §1, 2014].