Chapter 16.22
ZONING
Subchapters:
16.22.000 General Provisions
16.22.100 Basic Regulations
16.22.200 Use Zones
16.22.300 Supplementary Regulations
16.22.400 Exceptions
16.22.500 Conditional Uses
16.22.600 Nonconforming Uses
16.22.700 Variances
16.22.800 Historic Local Register Overlay (HR) and Historic Downtown Business District Overlay (HD)
16.22.900 Remedies
For statutory provisions, see Chapter 35A.63 RCW.
Prior legislation: Ords. 586, 644.
Subchapter 116.22.000
General Provisions
Sections:
16.22.010 Title.
The ordinance codified herein shall be known as the “Zoning Ordinance of the city of Pomeroy, Washington.” (Ord. 747 §1 (part), 1997).
16.22.020 Purpose.
The purpose of this title is to promote the orderly development of the city according to a comprehensive plan; to reserve and stabilize the value of property; to encourage protection of critical areas of the environment; to promote measures which preserve or improve the city’s quality of life; preserve and revitalize Pomeroy’s historic and cultural resources; and otherwise to promote the public health, safety, and general welfare. (Ord. 820 §1 (part), 2005; Ord. 747 §1 (part), 1997).
16.22.025 Authority.
Authority for enactment, implementation, and administration of this zoning ordinance is derived from Chapter 35A.63 RCW “Planning and Zoning in Code Cities of Washington State” and Article XI, Section 11 of the Washington State Constitution.
16.22.030 Definitions.
Whenever the words and phrases set forth in this chapter appear in this title, they shall be given the meaning attributed to them by this chapter. When consistent with the context, words used in the present tense include the future; singular includes the plural; and plural includes the singular. The word “shall” is always mandatory, and the word “may” indicates a use of discretion in making a decision.
See Chapter 16.26 PMC for wireless communication facilities definitions.
“Abandoned sign or billboard” is a sign which represents or displays any reference to a business or use which has been discontinued for more than six months or for which no valid business license in is effect in the city.
“Accessory building” is a building which has a subordinated use upon the same lot as a principal building. Where a substantial part of the wall of the accessory building is part of the wall of the principal building, the accessory building shall be counted as a part of the main building. Accessory buildings include: private garage having space to accommodate not more than three automobiles, carports, tool sheds, woodsheds, dog houses, storage sheds, outdoor fireplaces, hobby shops relating to the hobbies of the residents of a home, and greenhouses operated by the occupants of a residence.
“Accessory use” means a use that is clearly incidental to and subordinate to the main use of a property and located on the same lot as the main use.
“Alley” means a public or private way permanently reserved as a secondary means of access to abutting property.
“Alteration” means any change, addition, or modification in construction or occupancy of an existing structure.
“Alteration of sign or billboard” is any construction, material, size, name or location change, except for normal maintenance, on an existing billboard or sign.
“Amendment” means a revision, addition or alteration to the wording, context or substance of the ordinance, or a change in the zone boundaries upon the zoning map.
“Amusement arcade” means a building or part of a building in which five or more pinball machines, video games, or other similar player-operated amusement devices are maintained.
“Apartment House.” See Multi-family dwelling.
“Appeal” means an optional course of action for persons aggrieved by actions of the planning commission, city council or the zoning official.
“Asphalt plant” means a premises wherein crushed rock, oil, and other materials are mixed and prepared so as to produce asphalt and similar products. Includes the bulk storage of said materials and products.
“Auto body repair shop” means a premises wherein there are facilities for painting, straightening, or repairing the shell, frame, or other parts of a motor vehicle.
“Auto rental” means a premises wherein motor vehicles are displayed and/or made available for use by persons who do not hold title or are in the process of purchasing the motor vehicle.
“Auto sales/service” means a premises wherein new or used motor vehicles are displayed for sale and/or serviced and repaired.
“Auto storage” means a premises wherein motor vehicles and trailers which are in operable condition are kept. Said use shall not be for display, repair, or dismantling.
“Auto wrecking yard” means property on which the dismantling or wrecking of used motor vehicles or trailers occurs or where there is storage, sale, or dumping of dismantled or wrecked vehicles or their parts.
“Bakery” means a premises wherein flour, sugar, and other materials are mixed and prepared so as to produce bread, cakes, and associated products. Includes the on-premises sale of such products.
“Bank or other financial institution” means a premises wherein money may be deposited for safekeeping, wherein dealings in credit and money and funds are transacted.
“Bar, tavern, or cocktail lounge” means a premises wherein alcoholic beverages are sold at retail for consumption on the premises and minors are excluded therefrom by law. This includes nightclub and cabaret.
“Beauty/barber shop” means a premises wherein haircutting, hairstyling, shaving, manicuring, and associated services are performed.
“Bed and breakfast inn” means a house, or portion thereof, where short-term lodging rooms and meals are provided. The operator of the inn shall live on the premises or in adjacent premises.
“Billboard” means a surface in excess of eighty square feet of advertising area whereon advertising matter is set in view conspicuously and wherein advertising does not apply to premises or any use of premises wherein it is displayed or posted.
“Binding site plan” means a reproducible, scale drawing which identifies and shows the location and dimensions of all streets, roads, utilities, improvements, open spaces, accessory uses and any other matters specified by these regulations; contains inscriptions or attachments setting forth appropriate limitations and conditions for the use of the land; and contains provisions requiring that development be in conformance with the plan.
“Board of adjustment” means a body of individuals with authority to review and grant variances and conditional uses. See Chapter 17.10.020. The board of adjustment of the city of Pomeroy shall be the city council.
“Boarding or rooming house” means an establishment with lodging for less than ten persons where meals are regularly prepared and served for compensation and where food is placed upon the table family style, without service or ordering of individual portions from a menu.
“Boat building/repair” means a premises wherein watercraft are assembled, manufactured, or repaired. Includes on-premises sale of such watercraft and related products.
“Boat and mobile home sales/service” means a premises wherein new or used watercraft and/or mobile homes are displayed for sale and/or serviced and repaired.
“Bottling plant” means a premises wherein liquids are placed into glass, aluminum, or other containers and sealed.
“Bowling alley or other commercial amusement” means a premises wherein recreational entertainment features are provided for use by patrons.
“Building” means a structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind.
“Building supply outlet” means a premises wherein construction materials and related products are stored, displayed, and offered for sale.
“Business or professional office” means a premises wherein services which require specialized learning and mental rather than manual labor are performed; any products offered for sale must be clearly related to the services offered and of a secondary nature.
“Cabinet/furniture shop” means a premises wherein wood, metal, plastic, and other materials are prepared and assembled and finished to produce cabinets and/or furniture items.
“Carport” is a supported roof structure, open on three sides, for the private use of the owner or occupancy of a principal building situated on the same lot of the principal building for the storage of motor vehicles with no facilities for mechanical service or repair of a commercial or public nature.
“Car wash” means an area of land and/or structure with machine or hand-operated facilities used primarily for the cleaning, washing, polishing, or waxing of motor vehicles.
“Cement/clay products manufacturing” means a premises wherein lime and other materials are processed, mixed, and/or treated so as to produce cement, tile, blocks, bricks, and similar products. Includes the bulk storage of said materials and products. This does not pertain to pottery or porcelain shops.
“Cemetery” means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, however does not include columbariums, crematories, mausoleums, and mortuaries.
“Chemical storage and manufacturing” means a premises wherein organic or inorganic liquids, solids, or gases are held, prepared, or processed.
“Child day care center” means a facility providing regularly scheduled care for a group of thirteen or more children, within a one month through twelve years of age range exclusively, for periods less than twenty-four hours.
“Church or place of religious worship” means an institution that people regularly attend to participate in or hold religious services, meetings, or other activities. The term “church” shall not carry a secular connotation and shall include buildings in which religious services of any denomination are held.
“City” means the city of Pomeroy, Washington.
“Club” means an organization of persons for special purposes or for the promulgation of sports, arts, literature, politics, or the like, but not operated for profit, excluding churches.
“Commercial Boat Moorage.” See Marina.
“Commercial or industrial laundry” means a premises wherein cloth materials and related items are washed, dried, ironed, or dry-cleaned; differs from self-service laundry.
“Commercial use” means a structure or use intended or used for business purposes, such as a retail store, a restaurant, an office, a service establishment, or a hotel or motel. A commercial use includes light repair service but does not include the repair or maintenance of heavy equipment or machinery or such other uses normally associated with an industrial use.
“Concrete batch plant” means a premises wherein aggregate, sand, cement, water, and other materials are combined, stored, or prepared for on or off-premises mixing of concrete.
“Conditional use” means a use that would not be appropriate generally or without restriction throughout the zoning district but which, if subjected to special requirements which are different from the usual requirements for the district, may be allowed if approved by the city council. See PMC 16.22.500.
“Congregate housing” means a residential facility for four or more persons aged sixty or older within which are provided living and sleeping facilities and other possible services including meal preparation, laundry, and room cleaning.
“Contractor’s storage yard” means a premises wherein building materials, tools, and/or equipment are kept for indeterminate periods of time, but not intended for retail or wholesale use.
“Convalescent Hospital.” See Nursing Home.
“Convenience store” means a retail establishment offering for sale food products, household goods, and other goods and having a gross floor area of less than five thousand square feet.
“Corner Lot.” See Lot, Corner.
“Dairy products processing” means a premises wherein dairy products are combined, treated, or packaged.
“Dance, music, voice studio” means a premises wherein lessons, rehearsals, or practices are held for students of dance, music, or voice.
“Day Care Center.” See Child Day Care Center.
“Dependent mobile home” means a transportable, factory-built home, designed to be used as a seasonal or occasional-use dwelling for primarily recreational purposes which is not entirely self-contained with respect to toilet facilities, bathing/showering facilities, etc.
“Dormitory” means a building used as group living quarters for individuals associated with an institution such as a school or church.
“Drive-in theater” means an establishment that provides cinematic movies onto a large outdoor screen wherein the customers view from automobiles.
“Drug store” means a retail establishment offering for sale pharmaceuticals, medicines, and associated goods.
“Dry cleaning establishment” means a premises wherein clothes, draperies and various materials are chemically cleaned, including an associated delivery service.
“Duplex dwelling” means a structure which contains two independent dwelling units sharing a common wall.
“Dwelling unit” is a building or portion thereof that contains living facilities, including provisions for sleeping, eating, cooking and sanitation as required by the Uniform Building Code, so as to create an independent housekeeping establishment for occupancy for one family.
“Easement” is the right of a person, government agency, or private utility company to use public or private land owned by another for a specific purpose.
“Efficiency dwelling unit” is a dwelling unit containing only one habitable room which meets the Uniform Building Code requirements for a efficiency dwelling unit and is not constructed as an independent detached dwelling unit, but is part of a duplex dwelling, garden apartment, multi-family dwelling, or second floor apartment.
“Equipment rental and sales yard” means a premises wherein machinery, tools, and related items are offered for rent or sale.
“Family” means a person and his or her spouse or significant other, along with their parents, step-parents, children, step-children, adopted children and wards of the court living together in a dwelling unit in which board and lodging may also be provided for not more than four additional persons, excluding servants; or as applied to a licensed Adult Family Home, a group of not more than six persons who need not be related by blood, marriage, legal adoption, or guardianship living together to share a single household unit.
“Farm or heavy equipment sales/service” means a premises wherein new or used agricultural or construction implements and vehicles are displayed for sale and/or serviced and repaired.
“Farming” means the commercial raising and harvesting of crops; feeding, breeding, and management of livestock; dairying or other agricultural or horticultural use or any combination thereof and includes the disposal by marketing or otherwise of products produced on the premises. It includes the construction and use of dwellings and other buildings customarily provided in conjunction with farming, but does not include a commercial feed lot. It does not include private gardening where no produce is offered for sale.
“Fence” means any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
“Flea market” means an occasional or periodic sales activity held within a building, structure, or open area where groups of individual sellers offer goods, new and used, for sale to the public, not to include private garage sales.
“Floor area” means the area included in surrounding walls of a building, exclusive of vent shafts and open courts, multiplied by the number of stories.
“Food store” means an establishment offering for sale raw or packaged edible materials and related items.
“Fraternal/Social Lodge.” See Club.
“Fraternity/Sorority House.” See Dormitory.
“Freight terminal” means a premises wherein cargo and other goods are loaded, unloaded, or temporarily stored in the process of transporting said cargo to a new destination.
“Front lot line” means the property line separating the lot from the street, other than an alley and in the case of a corner lot, means the shortest property line along a street; on an interior lot, the lot line abutting the street; on a through lot, the lot line abutting a street providing the primary access to the lot; or on a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained.
“Front yard setback” means a yard area between side lot lines, measured perpendicular to and extending a specific distance into the lot from the front lot line. The setback is measured from the property line to the outside of the foundation wall.
“Frozen food locker” means a building or part of a building where edible materials are kept in storage at temperatures below freezing.
“Fuel yard” means a premises wherein materials such as gasoline, heating oil, and similar products are stored, combined, or packaged.
“Funeral home” means a building or part thereof used for human funeral services. Such may contain space and facilities for: (a) embalming and the performance of other services used in preparation of the dead for burial; (b) the performance of autopsies and other surgical procedures; (c) the storage of caskets, funeral urns, and other related funeral supplies; and (d) the storage of funeral vehicles, but shall not contain the facilities for cremation. Where a funeral home is permitted, a funeral chapel shall also be permitted.
“Furniture Refinishing.” See Cabinet/Furniture Shop.
“Garage, private” means a building for the private use of the owner or occupancy of a principal building situated on the same lot of the principal building for the storage of motor vehicles with no facilities for mechanical service or repair of a commercial or public nature excepting those used in a home occupation.
“Garage, repair” means a premises wherein motor vehicles, engines, or other mechanical equipment are dismantled, operated upon, cleaned, reassembled or otherwise altered to restore to a usable condition.
“Garden apartments” means a building or buildings used for occupancy by three or more families living independently of each other; containing three or more dwelling units; and distinguished from other multi-family dwellings by the building(s) being one story in height and the site containing a minimum of fifty percent lawn or landscaped area.
“Gift shop” means a premises wherein merchandise is displayed and offered for sale at retail, where said merchandise is intended primarily for gifts as opposed to personal use and consumption.
“Grade (ground level)” means the average of the finished ground level at the center of all walls of the building. If a wall is parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk.
“Grain storage” means a premises wherein agricultural commodities such as wheat, barley, or peas are held for short or long-term storage.
“Hazardous waste” means all dangerous and extremely hazardous waste as set forth in RCW 70.105.010.
“Hazardous waste treatment and storage” means hazardous waste management facilities requiring a state dangerous waste permit under the provisions of Chapter 173-303 WAC.
“Health/recreation facility” means an indoor facility including uses such as game courts, exercise equipment, locker rooms, Jacuzzi and/or sauna, and pro shop. Shall include a health club.
“Height of building” means the vertical distance from the grade to the highest point of the coping of a flat roof to the deck lines of a mansard roof, or the average height of the highest gable of a pitch or hip roof.
“Historic register overlay” is a zoning overlay that further regulates development and modification within the area(s) listed in the Historic Local Register.
“Historic downtown business district overlay” is a zoning overlay that further regulates development and modification of areas within the Historic District that are not listed buildings and future development within the District boundary.
“Home for the Aged.” See Nursing Home.
“Home occupation” means an occupation, profession, activity, or use which is clearly a customary, incidental, or secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood.
“Hospital” means an institution specializing in giving clinical, temporary, and emergency services of a medical or surgical nature to human patients and injured persons, and licensed by state law to provide facilities and services in surgery, obstetrics, and general medical practice.
“Hotel” means a facility offering transient lodging accommodations on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms, and recreational facilities.
“Ice manufacturer/cold storage plant” means a premises wherein frozen materials are processed, sold, packaged or kept in storage.
“Industrial use” means a structure or use intended or used for manufacturing, processing, repairing, or compounding, or for the storage or wholesale distribution of goods.
“Junk yard” means property on which the dismantling, storage, sale or dumping of any materials or products occurs.
“Kennel” means a lot or building in which animals are kept commercially for board, propagation, training, or sale on a continuous basis.
“Lot” means a parcel or tract of land.
“Lot area” means the total area of a lot measured in a horizontal plane within the lot boundary lines exclusive of public and private roads, and easements of access to other property.
“Lot, corner” means a lot abutting on and at the intersection of two or more streets.
“Lot coverage” means the area of a site covered by buildings or roofed areas, excluding allowed projecting eaves, balconies, and similar features.
“Lot depth” means the average horizontal distance between the front lot line and the rear lot line.
“Lot, flag” means lots or parcels with less frontage on a public street than is normally required. The panhandle is an access corridor to a lot or lots located behind lots with normally required street frontage.
“Lot, interior” means a lot other than a corner lot.
“Lot line” means the property line bounding a lot.
“Lot, through” means a lot having its front and rear yards each abutting on a street.
“Lot width” means the average horizontal distance between the side lot lines, ordinarily measured parallel to the front lot line.
“Machine shop” means a premises wherein there are facilities and tools which are utilized in the shaping, forging, welding or fabrication of metal products and related items.
“Manufactured home” means a single-family dwelling built in accordance with the Department of Housing and Urban Development Manufactured Home Construction and Safety Standards Act, is built on a permanent chassis, is designed to be used as a dwelling when connected to the required utilities that include plumbing, heating, and electrical systems contained therein; but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame. (See Manufactured home, lot eligible/designated.)
“Manufactured home, lot eligible/designated” means a single-family dwelling built in accordance with the Department of Housing and Urban Development Manufactured Home Construction and Safety Standards Act, is built on a permanent chassis, is designed to be used as a dwelling when connected to the required utilities that include plumbing, heating, and electrical systems contained therein; but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame; and when erected on site, (a) was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of not less than 3:12 pitch; and (b) has exterior siding similar in appearance to siding materials commonly used on conventional site-built Uniform Building Code single-family residences.
“Marina” means a premises wherein water craft are stored, serviced, repaired or provided with temporary slippage.
“Meat-packing plant” means a premises wherein animal carcasses are stored, processed, prepared or packaged.
“Medically-related professional office” means a premises wherein medically-related services such as examinations, consultations or operations are performed on an out-patient basis with no over-night accommodation.
“Medical, dental, optical laboratory” means a premises wherein supplies, apparatus or other medically-related fixtures are assembled, altered, formed or created.
“Mobile home” means a transportable, factory-built home, designed to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976, or a similar-type house built after said date which does not match the definition of manufactured home.
“Mobile home park” means a parcel of land under single ownership that has been planned and improved for the placement of mobile homes for dwelling purposes. May include manufactured housing within its development.
“Monument works” means a premises wherein stone, concrete or other materials are cut, carved, polished or otherwise prepared for use as grave markers, memorials or similar commemorative fixtures.
“Mortuary” means a premises used or intended to be used for holding the remains of the dead, including columbariums, crematories, mausoleums and mortuaries.
“Motel” means a building or group of buildings containing apartments and/or rooming units, each of which maintains a separate outside entrance. Such building or group of buildings is designed, intended or used primarily for the accommodation of motor vehicle travelers and provides motor vehicle parking on the premises.
“Multi-family dwelling” means a building or portion thereof used for occupancy by three or more families living independently of each other and containing three or more dwelling units.
“Non-conforming lot, structure or use” means a lot, structure or use which lawfully existed prior to the adoption, revision or amendment of pertinent code sections, but which fails by reason of such adoption, revision or amendment to conform to the new regulations.
“Nursery for flowers and plants” means a premises wherein living and freshly-cut flowers and plants are grown, propagated or displayed for sale along with related merchandise.
“Nursing home” means a residential facility for four or more persons within which are provided living and sleeping facilities, medical and nursing services by a permanent staff as well as other possible services including meal preparation, laundry and room cleaning.
“Off-site” means materials, uses, facilities or improvements located on properties other than those on which the on-site facilities are located.
“On-site” means materials, uses, facilities or improvements located on the same geographic-ally contiguous or bordering property.
“Outdoor storage” means the storage of any products, materials, vehicles, equipment, junk or scrap outside the confines of an enclosed building, and more specifically defined as:
1. Merchandise Display: display of products and materials, and operable vehicles and equipment for the principal purpose of offering for sale or rental at retail, and accessory to the business existing on the premises;
2. Equipment and Material Storage: storage of any equipment or materials in usable condition which are not being specifically displayed as merchandise and offered for sale at retail; and
3. Junk and Scrap Storage: storage of used products or scrap materials such as wood, cloth, paper, glass, metal, plastic or rock material which could be refurbished or converted into usable stock or material.
“Owner” includes an authorized agent of the owner.
“Park” means any public or private land available for recreational, cultural, educational or aesthetical use.
“Parking lot” means an area not within a building where motor vehicles may be stored for the purposes of temporary, daily or overnight off-street parking.
“Parking space” means an enclosed or unenclosed surfaced area of not less than twenty feet by nine feet in size, exclusive of maneuvering and access area, permanently reserved for the temporary storage of one vehicle.
“Petroleum storage” means a facility intended to hold oil, gas or similar materials in permanent containers.
“Photo studio” means a premises wherein photographic prints, slides or other products are sold, processed, packaged or displayed.
“Planned development” means land under unified control to be planned and developed as a whole in a single development operation of a definitely programmed series of development operations or phases. A planned development includes principal and accessory structures and uses substantially related to the character and purposes of the planned development. A planned development is built according to general and detailed plans that include not only streets, utilities, lots and building locations, but also site plans for all buildings. Also included is a program for provisions, operations and maintenance of such areas, facilities and improvements as will be for common use by all or some of the occupants of the planned development, but which will not be provided, operated or maintained at general public expense.
“Planning commission” means a body of individuals, half appointed by the city council and half appointed by the Garfield council, whose duties include making recommendations on amendments to this chapter, to the comprehensive plan, land use regulatory measures, and studying future planning directions. See Chapter 16.08 PMC.
“Principal use” means the main or primary use of a lot or structure.
“Print shop” means a retail establishment that provides duplicating services using blueprint, photocopy and offset equipment and related services.
“Professional office” means a building which is more or less residential but not commercial in character and containing one or more offices in which there is no display of stock or wares in trade, commodities sold, nor any commercial use conducted other than the professional offices of a doctor, dentist, lawyer, architect, minister of religion, insurance agent, realtor, or other similar professional services which are predominantly administrative, professional or clerical operations; but shall not include barbershops, self-service laundry or similar services of commercial character nor general business offices.
“Public use” means a structure or use intended or used for a public purpose by a city, school district, county, state or by any other public agency or public utility.
“Public utility yard” means a premises wherein equipment, materials, or structures are situated so as to provide or distribute necessary utility services.
“Rear lot line” means a property line which is opposite and most distant from the front lot line and in the case of an irregular, triangular or other shaped lot, means a line ten feet in length within the lot parallel to and at a maximum distance from the front lot line.
“Rear yard setback” means a yard area between side lot lines, measured perpendicular to and extending a specified distance into the lot from the rear lot line. The setback is measured from the property line to the outside of the foundation wall.
“Recreational park trailers, independent primary residence qualified” means a unit which meets the following requirements:
1. A working smoke detector shall be installed per ANSI A119.5 Current Edition Section 3-3 for recreational park trailers;
2. A working carbon monoxide (CO) alarm shall be installed per ANSI A119.5 Current Edition Section 3-5 for recreational park trailers;
3. There shall be egress directly from the sleeping area consisting of a door, or an egress window with a minimum size of 24 inches by 17 inches per ANSI A119.5 Current Edition Section 3-2 for recreational park trailers;
4. The unit shall have electrical connection in accordance with the electrical code;
5. The unit shall be connected to the water supply in accordance with the applicable plumbing provisions of the adopted Uniform Plumbing Code;
6. The unit shall be connected to the sanitary sewer system in accordance with the plumbing provisions of the adopted Uniform Plumbing Code;
7. All steps, landings, stairways, decks, and balconies shall meet the requirements of the International Residential Code and shall be independently supported; and
8. The unit shall be equipped with an internal toilet and an internal shower tub.
“Recreational vehicle, independent primary residence qualified” means a unit which meets the following requirements:
1. A working smoke detector shall be installed per NFPA 1192 Current Edition, Section 6.3 for recreational vehicles;
2. A working carbon monoxide (CO) alarm shall be installed per NFPA 1192 Current Edition, Section 6.4.6 for recreational vehicles;
3. There shall be egress directly from the sleeping area consisting of a door, or an egress window with a minimum size of 24 inches by 17 inches per NFPA 1192 2008 Edition, Section 6.2 for recreational vehicles;
4. The unit shall have electrical connection in accordance with the electrical code;
5. The unit shall be connected to the water supply provided, in accordance with the applicable plumbing provisions of the adopted Uniform Plumbing Code;
6. The unit shall be connected to the sanitary sewer system in accordance with the plumbing provisions of the adopted Uniform Plumbing Code;
7. All steps, landings, stairways, decks, and balconies shall meet the requirements of the International Residential Code and shall be independently supported; and
8. The unit shall be equipped with an internal toilet and an internal shower or tub.
“Recreational vehicle park” generally provides recreational facilities for persons on vacation.
“Recreational vehicle (RV)” means units which are not mobile and are either pulled by a motor vehicle (as in the case of a travel trailer or fifth wheel camper) or carried by a motor vehicle (as in the case of a pickup camper) or are one unit with a motor vehicle (as in a motor home). RVs are intended for use as a transitory residence or domicile.
“Recycling center” means a premises wherein recoverable material is separated or processed prior to shipment to others who will use those materials to manufacture new products.
“Recycling collection point” means a parcel or part of a parcel which serves as a drop-off site for temporary storage of recoverable material, where no processing occurs and where all material is kept within clean, well maintained containers.
“Recycling plant” means a facility that processes or causes recoverable materials to be treated such that said materials are converted into usable products. This is not a junkyard.
“Rendering plant” means a premises wherein animal carcasses or parts are processed, altered or packaged.
“Research laboratory” means a premises wherein there are facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.
“Resort” means a hotel or motel that serves as a destination point for visitors. A resort generally provides recreational facilities for persons on vacation.
“Restaurant” means an establishment whose principal business is the selling of unpackaged food to the customer in a ready-to-consume state, in individual servings or in non-disposable containers and where the customer consumes those foods while seated within the premises.
“Restaurant – drive-in” means an establishment that delivers prepared food and/or beverages to customers in motor vehicles, regardless of whether or not it also serves prepared food and/or beverages to customers who are not in motor vehicles, for consumption on or off the premises.
“Retail Store.” See Commercial Use.
“Sanitary landfill” means a parcel of land which is intended for the long-term placement of waste items and complies with applicable Department of Ecology and other regulations.
“Schools – College” means a facility which provides a curriculum of academic instruction for higher education beyond high school.
“Schools – K-12” means a facility which provides a curriculum of elementary and secondary academic instruction.
“Second floor apartment” means a dwelling unit located on other than the ground floor of a building, including a building which has a commercial land use on the ground floor.
“Self-service laundry” means a business that provides washing, drying and/or ironing machines for hire to be used by customers on the premises.
“Self-service station” means an establishment where liquids used as motor fuels are stored and dispersed into fuel tanks of motor vehicles by persons other than the service station attendant and may include facilities available for the sale of other retail products.
“Service station” means a premises wherein gasoline and other petroleum products are sold and/or light maintenance activities such as engine tuneups, lubrication, minor repairs and carburetor cleaning are conducted. Service stations shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting and body fender work are conducted.
“Sign” means a structure or device designed or intended to convey information to the public in written or pictorial form.
“Sign shop” means a premises wherein wood, plastic, metal, paint and other materials are crafted into devices which are intended to convey information in written or pictorial form.
“Side lot line” means any property line not a front or rear lot line.
“Side yard setback” means a yard area between the front lot line and the rear lot line, measured perpendicular to and extending a specified distance into the lot from the side lot line.
“Sight obscuring” means any vegetation, structure, materials, equipment, vehicle or any combination thereof, which blocks more than twenty-five percent of the view through a given area.
“Single family dwelling” is a detached building containing one dwelling unit. Single family dwelling units shall have a floor area as required by the Uniform Building Code but shall not be less than six hundred eighty total square feet. See also Duplex Dwelling, Efficiency Dwelling Unit, Garden Apartments, Multi-Family Dwelling, and Second Floor Apartment.
“Storage rental unit” means a building or group of buildings which consist of varying sizes of individual, compartmentalized and controlled access stalls or lockers of the storage of customer’s goods or wares.
“Story” means that portion of a building included between the upper surface of any floor and the upper floor next above, except that the top story shall be that portion of a building included between the upper surface of the top floor and the ceiling above. If the finished floor level directly above a basement or cellar is more than six feet above grade, each basement or cellar shall be considered a story.
“Street” means the entire width between boundary lines of every way which provides for public use for the purpose of vehicular and pedestrian traffic and the placement of utilities. It includes the terms roads, highways, place, avenue, boulevard or other similar designations.
“Structural alteration” means any change to the supporting members of a building including foundations, bearing walls or partitions, columns, beams, girders or any structural change in the roof or in the exterior walls.
“Structure” means something constructed or built and having a fixed base on, or fixed connection to the ground or another structure.
“Terminal/trucking yard” means land and buildings used as a relay station for the transfer of a load from one vehicle to another or one party to another. The terminal cannot be used for permanent or long-term storage for principal land uses at other locations. The terminal facility may include storage areas for trucks and trailers.
“Theater – drive-in” means a parcel of land on which are accommodations the parking of motor vehicles and an outdoor screen on which images are projected and viewed.
“Theater – interior” means a premises wherein images are projected onto a screen for public or private viewing.
“Tire shop” means a premises wherein tires, wheels, brakes and other portions of motor vehicles are examined, repaired, or replaced but shall not include portions of the power plant or shell of the motor vehicle. This includes the display and storage of the necessary products, but does not include the manufacturing or retreading of tires.
“Transportation facilities” means a premises wherein motor vehicles are stored, where minor service is performed, where cleaning is performed or where exchanging of cargo is done.
“Truck and Tractor Repair.” See Garage Repair
“Upholstery shop” means a premises wherein cloth, leather, plastic and other materials are cut, formed, molded or applied to furniture and related materials to provide a covering surface.
“Variance” means a dispensation permitted on individual parcels of property as a method of alleviating unnecessary hardship by allowing a reasonable use of the building, structure, or property, which, because of unusual or unique circumstances, is denied by the terms of the zoning code.
“Veterinary clinic” means a premises wherein medically-related services such as examinations, consultations or operations are performed for non- human animals.
“Warehouse” means a building used primarily for the storage of goods and materials.
“Wholesale distributing facility” means a premises which engages in storage, wholesale and distribution of manufactured products, supplies and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions.
“Wood processing plant” means a premises wherein timber products are cut, altered, seasoned, formed or otherwise prepared into a commodity of a more refined nature which may be sold at wholesale or retail.
“Wrecking Yard.” See Auto Wrecking Yard.
“Yard” means an open space on a lot which is unobstructed by a structure, except as otherwise provided or allowed.
“Zoning official” means the person who is appointed by the council with the authority and duty to enforce this ordinance. (See PMC 16.22.010). (Ord. 886 §§12, 13, 14 and 16, 2016; Ord. 869 §1, 2013; Ord. 820 §1 (part), 2005; Ord. 773 §§1 – 2, 2000; Ord. 747 §1 (part), 1997).
Subchapter 116.22.100
Basic Regulations
Sections:
16.22.110 Compliance with title provisions.
16.22.120 Maintenance of minimum requirements.
16.22.130 Related regulations.
16.22.140 Authorization of similar uses.
16.22.170 Classification of zones.
16.22.180 Official zoning map.
16.22.110 Compliance with title provisions.
A lot may be used and a structure or part of a structure constructed, reconstructed, altered, occupied, or used only as this title permits. (Ord. 747 §1 (part), 1997).
16.22.120 Maintenance of minimum requirements.
No lot dimensions, yards, or off-street parking area existing on or after April 30, 1997 shall be reduced below the minimum requirements of this title. (Ord. 747 §1 (part), 1997).
16.22.130 Related regulations.
The provisions of this chapter are intended to unite with other related land use regulations. These regulations should be consulted to assure compliance with all applicable standards, including the shorelines management master program, street standards, building code, subdivision regulations, preservation and development regulations in historic zones, and port authority regulations. (Ord. 776 §1, 2000; Ord. 747 §1 (part), 1997).
16.22.140 Authorization of similar uses.
The planning commission may recommend that a use not specifically listed among the permitted uses in a zone shall be a permitted use in that zone if it is similar to the permitted uses in the zone, and if it is not specifically designated as a permitted use in another zone, provided its effect on adjacent property is substantially the same as the permitted zone. (Ord. 747 §1 (part), 1997).
16.22.150 Interpretation.
In the interpretation and application, the provisions of this ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety or general welfare. Wherever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive, or that imposing the higher standards, shall govern. (Ord. 747 §1 (part), 1997).
16.22.170 Classification of zones.
For the purpose of this title, the following zones are established:
|
|
Abbreviated Zone Designation |
|---|---|
|
Residential zone |
R-1 |
|
Public zone |
P-1 |
|
Downtown Business zone |
C-1 |
|
Multi-Purpose Commercial zone |
C-2 |
|
Industrial zone |
C-3 |
|
Agricultural/Transition zone |
A-1 |
(Ord. 869 §1, 2013; Ord. 747 §1 (part), 1997).
16.22.180 Official zoning map.
A. Boundaries of zones established by this title are indicated on a map entitled “Official Zoning Map of the City of Pomeroy” which is adopted by reference.
B. The boundaries may be further modified in accordance with the official zoning map amendments which shall be adopted by reference. A print of the adopted map or map amended, certified by the mayor and city clerk/treasurer, shall be maintained in the office of the city clerk/treasurer as long as this title remains in effect. (Ord. 869 §1, 2013; Ord. 747 §1 (part), 1997).
16.22.190 Zone boundaries.
Unless otherwise specified, zone boundaries are section lines, subdivision lines, lot lines, centerlines of streets, alleys, or such lines extended. (Ord. 869 §1, 2013; Ord. 747 §1 (part), 1997).
Subchapter 116.22.200
Use Zones
Sections:
16.22.210 Statements of intent for land use zones.
16.22.220 Permitted land uses.
16.22.230 Land use requirements.
16.22.235 Nonresident visitor.
16.22.240 Planned development zone.
16.22.250 Mobile home/recreational vehicle parks.
16.22.210 Statements of intent for land use zones.
The following paragraphs put forth the purpose and intent for each of the separate land use zones. These statements serve as the basis for the land uses which are either allowed or not allowed within each zoning district.
A. Residential – R-1 Zone. This district is intended to protect and preserve the character of existing residential neighborhoods with a medium density of development; only allowing land uses which are compatible with the established pattern including the infilling of the district with medium density residences. It is not intended to allow other land uses of a commercial or industrial nature which have the potential to erode the residential character of the district.
B. Public – P-1 Zone. This district includes land and land uses which are publicly-owned, such as schools, government facilities and parks. It is not intended to allow other land uses of a residential or commercial nature which have the potential to create conflicts.
C. Downtown Business – C-1 Zone. This district is intended to accommodate commercial land uses which are predominantly pedestrian-oriented or pedestrian-served including commercial uses which are directed towards more than one-stop shopping, which provide financial and professional services, and which include establishments that provide opportunities for entertainment and socializing. Although vehicular access is usually necessary to arrive in this district, pedestrian access is encouraged throughout the area. It is not intended to allow land uses of an industrial nature, nor commercial uses which cater primarily to vehicles as these land uses have the potential to create conflicts with and to erode the established “Main Street” character of the district. Some residential uses of a higher-density nature are allowed for convenience of the residents.
D. Multi-Purpose Commercial – C-2 Zone. This district is intended to accommodate commercial land uses which are predominantly vehicle-oriented or vehicle-served including commercial uses which are directed toward tourists, one-stop shoppers and uses which sell or service vehicles. Although pedestrian access from common parking areas is not discouraged in this district, it is recognized that most access to the commercial uses will be from separate parking areas owned by the adjacent commercial business. It is not intended to allow other land uses of a residential or industrial nature in this district which have the potential to create conflicts and diminish the effectiveness of a commercial district.
E. Industrial Zone – C-3 Zone. This district is intended to accommodate land uses which are predominantly of an industrial or heavy commercial nature, including manufacturing, processing or distributing uses. It is not intended to allow other land uses of a residential or commercial nature which have the potential to create conflicts.
F. Agricultural/Transition Zone – A-1 Zone. This district is intended to accommodate the existing land uses which are predominately agricultural and low-density residential. As change and growth occurs, new land uses within this district are intended to be compatible with the surrounding types.
G. Planned Development – PD Zone. This district is intended to permit flexibility in the design and development of tracts of land; to promote the efficient use of land to facilitate a more economic arrangement of buildings, circulation systems, land use and utilities; to preserve to the greatest extent possible the existing landscape features and amenities and to utilize such features in a harmonious fashion; and to provide for more usable and suitably located recreation facilities and other public and common facilities than would otherwise be provided under conventional land development procedures. This district replaces the existing zoning designation of an area when such a zone change is approved. (Ord. 869 §1, 2013; Ord. 747 §1 (part), 1997).
16.22.220 Permitted land uses.
A. Within each of the distinct zoning districts, certain land uses are permitted outright (subject to the conditions and restrictions found elsewhere in this title), and certain land uses are not permitted. The matrices on the following pages serve to illustrate whether or not a particular land use is allowed in a particular zoning district. Allowed (A) means that the land use is allowed outright. Conditional use (C) means that the land use may be allowed if it is granted conditional use.
The final column of the matrices, labeled “Parking,” is referenced to a key in PMC 16.22.230 of the Parking Requirements for each particular land use.
Note: The requirements of the flood damage prevention ordinance shall affect certain lands within the city; please refer to that ordinance for applicability.
B. The keeping of domestic animals, which shall not include goats and swine, is permitted, providing shelter and fences for such animals are located at least fifty feet from the side of the adjoining lots, and one hundred feet from any public street, and one hundred feet from any residential building located on any lot adjacent to or adjoining the lot on which the animals are kept, and the occupants of the lot on which the animals are kept shall at all times maintain the premises in a clean and sanitary condition. (Ord. 886 §15, 2016; Ord. 869 §1, 2013; Ord. 747 §1 (part), 1997).
16.22.230 Land use requirements.
Within each of the zoning districts, there are certain requirements which apply evenly to all lots, buildings and land uses within that zoning district. These requirements are put forth in the following matrix. (Ord. 869 §1, 2013; Ord. 783 §§1, 2, 2001; Ord. 747 §1 (part), 1997).
|
A – Allowed |
RESIDENTIAL |
PUBLIC |
DOWNTOWN |
MULTI-PURPOSE |
INDUSTRIAL |
AGRICULTURAL/ |
PARKING |
|---|---|---|---|---|---|---|---|
|
C – Conditional Use |
|||||||
|
Blank – Not Allowed |
|||||||
|
Antennas – See Wireless Communication Facilities |
|
|
|
|
|
|
|
|
Arts and Crafts Fair |
|
C |
C |
C |
C |
C |
M |
|
Arts, Crafts, Pottery Studio |
|
|
C |
A |
A |
C |
R |
|
Asphalt Plant |
|
|
|
|
C |
|
O |
|
Assisted Living Facility |
C |
|
C |
A |
C |
C |
D |
|
Automobile body repair shop |
|
|
C |
A |
A |
C |
M |
|
Automobile rental |
|
|
A |
A |
A |
C |
M |
|
Automobile sales or service |
|
|
A |
A |
|
C |
M |
|
Automobile storage |
|
|
C |
A |
A |
C |
O |
|
Bakery |
|
|
A |
A |
C |
C |
N |
|
Bank or other financial institution |
|
|
A |
A |
|
C |
L |
|
Bar, tavern or cocktail lounge |
|
|
A |
A |
|
|
K |
|
Beauty, barbershop |
|
|
A |
A |
|
C |
K |
|
Bed and breakfast inn |
C |
|
A |
A |
|
C |
C |
|
Billboard |
|
|
|
|
|
|
|
|
Boarding or rooming house |
A |
|
C |
C |
A |
C |
D |
|
Boat building or repair |
|
|
C |
C |
A |
C |
N |
|
Boat and mobile home sales/service |
|
|
C |
A |
A |
C |
M |
|
Bottling Plant |
|
|
C |
C |
A |
C |
O |
|
Bowling alley/other com. amusement |
|
|
A |
A |
|
C |
I |
|
Building supply outlet |
|
|
C |
A |
A |
C |
L |
|
Business or professional office |
C |
|
C |
A |
|
C |
K |
|
Cabinet/furniture shop |
|
|
C |
A |
A |
C |
N |
|
Car wash |
|
|
C |
A |
|
C |
R |
|
Cement plant |
|
|
|
|
C |
C |
R |
|
Clay product manufacturing |
|
|
C |
C |
A |
C |
R |
|
Cemetery |
|
A |
|
C |
|
C |
R |
|
Chemical storage and manufacturing, including agriculture fertilizer, etc. |
|
|
|
C |
C |
C |
O |
|
Child day care center |
A |
A |
C |
A |
C |
C |
H |
|
Church |
A |
|
|
A |
|
C |
E |
|
Commercial or industrial laundry |
|
|
C |
A |
C |
C |
K |
|
Concrete batch job |
|
|
|
C |
C |
C |
N |
|
Congregate housing |
A |
|
C |
A |
|
C |
D |
|
Contractor’s storage yard |
|
|
C |
C |
A |
C |
L |
|
Convalescent hospital |
|
A |
C |
A |
|
C |
D |
|
Convenience store |
|
|
A |
A |
C |
C |
J |
|
Dairy products processing |
|
|
C |
A |
A |
A |
N |
|
Dance, music, voice studio |
C |
C |
C |
C |
C |
C |
L |
|
Dependent mobile home park |
|
|
|
C |
|
C |
B |
|
Dormitory |
C |
|
|
C |
|
C |
D |
|
Drive-in theater |
|
|
|
C |
C |
C |
R |
|
Drug store |
|
|
A |
A |
C |
C |
K |
|
Dry cleaning establishment |
|
|
A |
A |
|
C |
M |
|
Duplex dwelling |
A |
|
C |
C |
|
C |
B |
|
Equipment rental and sales yard |
|
|
C |
A |
A |
C |
L |
|
Farmer’s Market |
|
C |
C |
C |
C |
C |
M |
|
Farming (with livestock, see PMC 16.22.220(B)) |
C |
|
|
C |
A |
A |
R |
|
Farming (without livestock) |
C |
|
|
C |
A |
A |
R |
|
Farm or heavy equipment sales/service |
|
|
C |
A |
A |
A |
L |
|
Flea market |
|
C |
C |
C |
C |
C |
K |
|
Funeral home |
|
|
C |
A |
|
C |
L |
|
Food processing plant |
|
|
C |
A |
A |
C |
O |
|
Food store (floor area < 2,500 sq. ft.) |
|
|
A |
A |
C |
C |
M |
|
Food store (floor area ≥2,500 sq. ft.) |
|
|
A |
A |
C |
C |
M |
|
Fraternal/Social lodge |
C |
C |
C |
A |
|
C |
E |
|
Freight terminal |
|
|
C |
A |
A |
C |
O |
|
Frozen food locker |
|
|
C |
A |
A |
A |
M |
|
Fuel yard |
|
|
|
C |
A |
C |
R |
|
Furniture refinishing |
|
|
C |
A |
A |
A |
M |
|
Garage, private |
A |
|
A |
A |
A |
A |
R |
|
Garage, repair |
|
|
A |
A |
A |
C |
N |
|
Garden apartments |
C |
|
A |
A |
|
|
B |
|
Gift shop |
|
|
A |
A |
|
C |
L |
|
Grain storage |
|
|
|
A |
A |
A |
R |
|
Health/recreation facility |
|
C |
C |
A |
|
C |
L |
|
Home for the aged |
A |
A |
C |
A |
|
C |
D |
|
Home occupation |
A |
|
A |
A |
A |
A |
R |
|
Hospital |
|
C |
C |
A |
|
C |
D |
|
Hotel |
|
|
A |
A |
|
C |
C |
|
Ice manufacturer – cold storage plant |
|
|
C |
A |
A |
C |
O |
|
Industrial use – heavy |
|
|
C |
A |
A |
C |
O |
|
Industrial use – light |
|
|
C |
A |
A |
A |
O |
|
Junk yard |
|
|
|
C |
C |
|
O |
|
Kennel – commercial |
|
|
|
C |
|
C |
M |
|
Machine shop |
|
|
C |
A |
A |
C |
N |
|
Manufactured/mobile home |
Manufactured homes which are not lot eligible may be sited only in a manufactured home park or mobile home park/RV park, except by conditional permit or variance. |
||||||
|
Manufactured home, lot eligible/designated. (See siting requirements in Ch. 16.24 PMC, Building Code) |
A |
|
|
C |
|
A |
A |
|
Manufactured home park |
C |
|
|
A |
|
C |
A |
|
Meat packing plant |
|
|
C |
A |
A |
A |
O |
|
Medically related professional office |
C |
|
A |
A |
|
C |
K |
|
Medical, dental, optical laboratory |
C |
|
C |
A |
|
C |
K |
|
Mobile home park/RV park |
C |
|
|
C |
|
C |
A |
|
Monument works |
|
|
C |
A |
A |
C |
N |
|
Mortuary |
|
|
C |
A |
|
C |
L |
|
Motel |
|
|
C |
A |
|
C |
C |
|
Multi-family dwelling |
A |
|
A |
C |
|
C |
B |
|
Museum |
C |
A |
A |
A |
|
C |
J |
|
Nursery for flowers and plants |
|
|
C |
A |
|
A |
M |
|
Nursing home |
|
A |
C |
A |
|
A |
D |
|
Park trailer, house trailer, park model, mobile home |
Allowed only in mobile home parks |
||||||
|
Parking lot, not part of required parking |
|
C |
A |
A |
A |
C |
R |
|
Petroleum storage |
|
|
|
C |
A |
C |
R |
|
Photo studio |
C |
|
A |
A |
|
C |
K |
|
Planned unit development |
C |
|
C |
C |
C |
C |
A |
|
Print shop |
|
|
A |
A |
A |
C |
M |
|
Public utility yard |
C |
C |
C |
C |
C |
C |
O |
|
Recreational vehicle park |
C |
|
C |
C |
C |
C |
L |
|
Recreational vehicle and recreational park trailer, independent primary residence qualified |
A |
|
|
|
|
A |
|
|
Recycling center |
|
|
C |
A |
A |
C |
R |
|
Recycling collection point |
|
|
C |
A |
A |
C |
R |
|
Recycling plant |
|
|
|
C |
A |
C |
O |
|
Rendering plant |
|
|
|
|
|
|
|
|
Research laboratory |
|
|
C |
A |
A |
C |
L |
|
Restaurant |
|
|
A |
A |
C |
C |
K |
|
Restaurant Drive-through |
|
|
A |
A |
C |
C |
K |
|
Retail store |
|
|
A |
A |
|
C |
M |
|
Schools (College) |
|
A |
|
A |
|
A |
H |
|
Schools (K-12) |
A |
A |
|
A |
|
A |
H |
|
Second floor apartment |
A |
|
A |
A |
|
A |
B |
|
Self-service laundry |
|
|
A |
A |
C |
C |
J |
|
Senior Housing |
C |
|
|
C |
C |
C |
D |
|
Service station |
|
|
C |
A |
A |
C |
L |
|
Sign shop |
|
|
C |
A |
A |
C |
N |
|
Single-family dwelling (680 sq. ft. minimum) |
A |
|
|
C |
|
A |
A |
|
Storage rental unit |
|
|
|
A |
A |
C |
R |
|
Terminal yard, trucking |
|
|
|
A |
A |
C |
R |
|
Theater – indoor |
|
|
A |
A |
|
C |
E |
|
Tire shop |
|
|
C |
A |
A |
C |
M |
|
Transportation facilities |
|
|
C |
A |
|
C |
R |
|
Truck and tractor repair |
|
|
C |
A |
A |
C |
M |
|
Upholstery shop |
|
|
C |
A |
A |
C |
N |
|
Veterinary clinic |
|
|
C |
A |
|
A |
M |
|
Warehouse |
|
|
|
A |
A |
C |
O |
|
Wholesale distributing facility |
|
|
|
A |
A |
C |
O |
|
Winery and Wine Tasting facilities |
|
|
A |
A |
|
A |
N |
|
Wireless Communication Facilities – Microcell or Minor Facilities. Refer to subchapter 16.26 PMC for specific conditions. |
A |
A |
A |
A |
A |
A |
A |
|
Wireless Communication Facilities – Other than Microcell or Minor Facilities. Refer to subchapter 16.26 PMC for specific conditions. |
|
|
|
C |
C |
C |
|
|
Wood processing plant |
|
|
|
A |
A |
C |
O |
|
Wrecking yard |
|
|
|
C |
C |
C |
O |
Parking Requirements
The following requirements list the number of parking spaces required for specified land uses as referenced on the land use matrix. The required number of parking spaces includes the required handicapped parking spaces.
|
A |
2 spaces per dwelling unit |
|
B |
1.5 spaces per dwelling unit |
|
C |
1 space per guest room |
|
D |
1 space per bed of patient/resident |
|
E |
1 space per four seats or eight feet of bench length in main room |
|
H |
1 space per classroom or E, whichever is greater |
|
I |
6 spaces per alley |
|
J |
1 space per 100 sq. ft. of floor area |
|
K |
1 space per 200 sq. ft. of floor area |
|
L |
1 space per 300 sq. ft. of floor area |
|
M |
1 space per 400 sq. ft. of floor area |
|
N |
1 space per 600 sq. ft. of floor area |
|
O |
1 space per 1,000 sq. ft. of floor area |
|
R |
The optimum number of spaces shall be left to the recommendation of the owner with approval by the zoning official. |
|
A - Allowed |
RESIDENTIAL |
PUBLIC |
DOWNTOWN |
MULTI-PURPOSE |
INDUSTRIAL |
AGRICULTURAL/ |
|---|---|---|---|---|---|---|
|
C - Conditional Use |
||||||
|
Blank - Not Allowed |
||||||
|
Minimum lot size |
5000 |
5000 |
2500 |
5000 |
NA |
5000 |
|
Area required for additional dwelling units |
3000 |
NA |
2000 |
2000 |
NA |
3000 |
|
Minimum lot width |
50 |
40 |
40 |
50 |
NA |
50 |
|
Minimum lot depth |
80 |
80 |
80 |
80 |
NA |
80 |
|
Maximum building height (2) |
35 |
40 |
40 |
40 |
613 |
40 |
|
Maximum lot coverage by structures, % |
40 |
NA |
100 |
60 |
NA |
40 |
|
Primary Building: |
|
|
|
|
|
|
|
Front yard setback on an interior lot, the distance to the lot line abutting the street; in the case of a corner lot, distance to the shortest property line along a street. See front yard line definition for through and flag lots. |
25 |
25 |
0 |
25 |
0 |
25 |
|
Rear yard setback (1) |
30 |
10/25 |
0/15 |
10 |
0/10 |
30 |
|
Side yard setback on one side (1) |
3 |
3 |
0/3 |
3 |
0/3 |
3 |
|
Side yard setback combination total(1) |
15 |
15 |
0/3/6 |
3/6/6 |
0/3/6 |
15 |
|
Accessory Building (more than 120 sq. ft.): |
|
|
|
|
|
|
|
Front yard setback |
25 |
25 |
0/15 |
25 |
0 |
25 |
|
Rear yard setback (3) |
5/20 |
10/20 |
0/20 |
3/20 |
0/20 |
5/20 |
|
Side yard setback (1) |
3 |
5 |
0/3 |
0/3 |
0/3 |
3 |
|
Accessory Building (120 or less sq. ft.): |
|
|
|
|
|
|
|
Front yard setback |
25 |
25 |
20 |
25 |
0 |
25 |
|
Rear yard setback |
0 |
0 |
0 |
0 |
0 |
0 |
|
Side yard setback |
0 |
0 |
0 |
0 |
0 |
0 |
|
(1) The larger setback number (after the /) is the requirement where the yard adjoins a residential property. A third side yard setback combination total number is the requirement where the yard adjoins a residential property on both sides. Greater side yard setbacks may be required by building codes depending on the required fire rating of the building. (2) Excludes steeples, grain elevators, antennas, etc. (3) The larger setback (after the /) is the requirement where vehicular access to the garage is perpendicular to the alley or at an angle between forty-five and ninety degrees to the alley. This requirement is to allow for safe visibility and maneuverability. NOTE: the maximum eave overhang or other building projection allowed into a setback area is four inches for every twelve inches of required setback, but no more than 24 inches. The required setback is measured from the property line to the outside of the foundation wall. Projections allowed under this note shall not include any foundation or structural wall piece. |
||||||
16.22.235 Nonresident visitor.
The restriction in the “zones” grid that prohibits a “park trailer, house trailer, park model, and mobile home” being lived in outside of mobile home parks shall not apply when the user of the recreational vehicle is not a resident of the city, in which event the recreational vehicle may be lived in for a period not to exceed fourteen consecutive days. Specific exceptions may be granted under this section. The RV shall not be permanently connected to separate water or sewer service, but may be temporarily connected to existing water service and electric service. The RV shall be located off the public right-of-way at all times if it can be done. (Ord. 904, 2018; Ord. 869 §1, 2013).
16.22.240 Planned development zone.
The planned development process may be applied to any zoning district of the city and is employed as an overlay upon that pre-existing zone. Regulations for a planned development are found in the city subdivision code. (Ord. 747 §1 (part), 1997).
16.22.250 Mobile home/recreational vehicle parks.
A. Purpose. The purpose of this section shall be to ensure a suitable living environment for residents of mobile homes and RVs located within mobile homes and RV parks. The following standards and regulations are necessary for the health, safety, general welfare and convenience of the inhabitants of the city.
B. Permits. No person shall establish a new mobile home or RV park or alter an existing park without first complying with the provisions and standards of this ordinance and obtaining all necessary permits and approvals.
C. Permits Required. Before any person shall commence construction of a new mobile home or RV park or make any alterations to an existing mobile home or RV park, a valid permit shall be secured and held.
D. Permit Application.
1. Application for a permit to create or alter a mobile home or RV park shall be filed at the office of the building inspector. The fee for such application shall be set by separate resolution.
2. The application for a permit shall be in writing, signed by the owner, and shall include the following:
a. The name and address of the owner;
b. The location and legal description of the mobile home or RV park;
c. Ten copies of the complete layout plan for the park to be forwarded to persons reviewing the application. These plans shall contain the following information:
-area and dimensions of the tract of land
-number, location, dimensions, and area of all mobile home or RV spaces including the size of mobile home or RV each space is intended to contain
-location and dimensions of all streets and walks
-location of any proposed buildings
-location of any existing buildings
-location of water, sewer and gas lines or alternative sewage disposal systems
-a map or maps of the existing and proposed site topography including grading and drainage
-location of fence
-location and dimensions of off-street parking areas,
-location of fire hydrants
-location of common refuse container
-other applicable information as might be necessary to interpret the compliance of the plans to the regulations of this title.
d. Plans and specifications of all buildings, improvements, and other facilities such as electrical wiring, water service pipes, gas service pipes, and sewer service, constructed or to be constructed within the park;
3. Such further information as may be requested by the Building Inspector to enable him to determine if the proposed park will comply with all the requirements of this title and other applicable state and local regulations.
E. Review Procedure.
1. Upon receipt of the application and plans, the Building Inspector shall forward plans to the following: the planning commission, the health officer, the city engineer, and the affected utilities. The health officer, city engineer and affected utilities shall review the application and submit written comments to the planning commission within twenty days of receipt of the application.
2. The planning commission shall review the application for compliance with the provisions of this ordinance and other applicable laws and regulations, shall review the comments received from the review sources, and shall determine whether the proposed uses serves and make appropriate provision for the public health, safety and general welfare.
3. The planning commission shall, within thirty days of receiving the application, make a written recommendation of approval, approval with conditions, or disapproval to the council and shall forward copies of all written comments received on the application.
4. Upon receipt of the planning commission’s recommendation, the council shall schedule and hold at least one public hearing on the application prior to taking action. Notice of said hearing shall be published in the official gazette of the city and posted on the proposed site in a minimum of two conspicuous locations at least ten days prior to the date of the hearing. Failure of a person to receive a notice prescribed in this section shall not impair the validity of the hearing.
5. The council shall consider the recommendation of the planning commission and any other input contributed and shall either approve, approve with conditions, or disapprove the application. If the application is approved or approved with conditions by the council, the applicant shall prepare and submit a binding site plan to the Building Inspector. Said binding site plan shall conform to the approval granted by the council.
F. Binding Site Plan. The binding site plan shall include all information requested on the layout plan in addition to the legal description of the tract and shall include the following statement which has been signed by the owner and notarized:
I(We), the owner(s) of the hereto described real property located in Garfield County, Washington, do hereby bind ourselves, heirs, or assigns to the binding site plan shown, until such time as the plan is amended or the use as a mobile home or RV park ceases.
Said plan shall be filed in the office of the Building Inspector. Upon receipt of the approved binding site plan the Building Inspector shall issue a Building Permit. The permit fee will be based upon the value of the work to be accomplished and shall be set by separate Resolution.
G. Amendment of a Binding Site Plan. A binding site plan as approved by the council shall not be altered unless approved by both the public works department and the council. If the alteration is felt to be of a substantial nature, either the public works department or the council shall require that the plan be resubmitted in compliance with these regulations.
H. Duration of Approval. Approval of the building site plan shall be effective for three years from the date of approval by the council. During this time the terms and conditions upon which the approval was given will not be changed except as provided in subsection (G) of this section. During this time, improvements required by the approved action shall be completed.
I. Completion Prior to Occupancy. All required improvements and other conditions of park approval shall be met prior to occupancy of any space by a mobile home or RV; provided that completion may be accomplished by phases if approved by the council.
J. Inspection Required. Before any person shall maintain or operate a park, an inspection shall be done on the park to assure conformance. With respect to nonconforming parks, the inspection shall be done to assure that any alterations or enlargements are in conformance with subsection (F) of this section.
K. Inspection Application.
1. Application for an inspection shall be filed at the office of the public works director.
2. The application for an inspection shall be in writing, signed by the owner, and shall include the following:
a. Name and address of owner
b. Name and address of park operator/manager
c. Name and address of mobile home or RV park
d. Number of spaces in mobile home or RV park
3. The public works director shall inspect the park to assure that it meets the requirements of this title and other applicable regulations.
4. Fees for said inspection and subsequent inspections shall be adopted by separate resolution and shall be collected by the public works director.
L. Inspection. Each mobile home or RV park shall be inspected by the public works director biennially. Each park owner shall be given written notice ten days prior to said biennial inspection. Furthermore, any park may be inspected at any reasonable time by the public works director or health officer and if they find conditions or practices which exist that are in violation of any of the provisions or regulations of this title or other applicable regulations, the public works director or health officer shall give notice in writing either by registered mail or personal service to the owner. Unless such violated conditions or practices are corrected within the time stated in said notice, the matter may be turned over to the city attorney.
M. Park Administration. The owner or operator of a mobile home or RV park shall be responsible for ensuring the maintenance of all structures and their sites. Park management shall conform to applicable state laws.
Compliance with this title shall not exempt the park owner from complying with all other applicable local, state, and federal coded and regulations.
N. Standards. The following standards and regulations shall apply to all mobile home or RV Parks or mobile home or RV spaces within a park.
1. Minimum Area. The minimum area for a mobile home or RV Park shall be two acres, however when a RV park is part of a mobile home park, only the combined total of the park need be two acres.
2. Spaces. The square footage of a mobile home or RV on a space shall not exceed forty percent the total area of the space. The area of a space includes off-street parking if provided for that space.
Minimum space area for mobile home–2,800 sq. ft.
Minimum space area for RV–1,200 sq. ft.
Minimum space width for mobile home-30 ft.
Minimum space width for RV–20 ft.
3. Setbacks. The following are minimum setbacks for mobile homes or RVs within a park:
From a public road right-of-way –25 ft
From a street within the park–5 ft
From an adjacent property line–10 ft
Front setback for fence–0 ft
Furthermore, there shall be a ten ft minimum clearance end to end and side to side between mobile homes or RVs. Slide-outs and tip-outs shall not encroach upon the required clearance space.
4. Fence. Upon complaint of nearby residents, the city shall require there shall be constructed a sight-obscuring fence of a minimum of five feet in height between the mobile home or RV park and the residences. The use of trees and/or shrubbery may be used in conjunction with a fence to accomplish the same sight-obscuring objective.
No object within the park, including the fencing shall impinge upon the clear vision area requirements (PMC 16.22.320 and 16.22.330) as they apply to public streets and furthermore, that requirement is extended to apply to the private streets within a park.
5. Streets.
a. Streets within a park shall be designed so as to provide continuous forward movement, shall have access onto a public street with a minimum of fifty feet of public right-of-way, shall have at least two hundred feet of sight distance at the intersection with the public right-of-way, and said public street shall be capable of accommodating the proposed traffic increases.
b. Every space within the park shall have direct access onto a street within the park and shall not have direct access onto a public street.
c. Within a park there shall be no dead-end street longer than fifty feet without an adequate cul-de-sac. An adequate cul-de-sac is defined as having an unobstructed surface area with a minimum diameter of seventy-six feet. If parking is not restricted, the surface are shall have a minimum diameter of ninety feet.
d. Streets within the park shall have a minimum unobstructed width of sixteen feet for two-way streets and ten feet for one-way streets. If on-street parking is not restricted on one or both sides, the minimum width shall be increased by eight feet for each unrestricted side. All streets shall have a dust-reduced surface of gravel, Portland cement concrete, asphalt chip seal, or asphaltic concrete surface with an adequate base to support the traffic loads.
6. Lighting. Throughout the park there shall be night lighting of an amount equal to or greater than the equivalent of one foot candle at thirty inches above the ground at all pedestrian walkways. This illumination may be provided with individual lamp posts at each space or combined into overhead street lamps or any other arrangement which fulfills or exceeds the requirements of this regulation.
7. Sewage.
a. A park which accommodates dependent RV/mobile homes shall provide a minimum of one service building (more may be required by state health and/or plumbing codes) providing at the minimum one wash sink, two flush toilets, one lavatory, and one shower or bathtub for each sex.
b. A park which accommodates independent RVs/mobile homes shall provide a minimum of one approved sewage dump and a flush water standpipe at the sewage dump with an approved reduced pressure backflow prevention device.
8. Parking. A minimum of two parking spaces shall be provided for each mobile home space and a minimum of one parking space for each RV space, of which one parking space may be on-street if the street width is adequate as per subsection (F) of this section. Furthermore, these parking spaces shall be situated on or immediately adjacent to each individual space. In addition, there shall be a minimum of one parking space per every three mobile home or RV spaces provided for the parking of recreational vehicles, trailers, boats, etc. These parking spaces may be grouped or located anywhere in the park. For the purposes and intent of this regulation, a parking space shall be a minimum of nine feet by twenty feet, shall have sufficient room for access and mobility and shall have a durable, dust-free surface.
9. Fire Hydrants. Every space within the park shall be within six hundred feet of a fire hydrant or as required by the fire chief. This distance shall be measured and determined along the route by which the fire hose would be laid. Furthermore, the park shall conform to the requirements of all other fire/safety codes.
10. Refuse Disposal. There shall be at least one individual refuse disposal container located at each mobile home or RV space and/or at least one - one cubic yard refuse disposal container located within the park for use by the residents of the park.
11. Accessory Buildings. Accessory buildings, if provided, shall be for the purpose of storage only and shall be located on the space in such a manner as to meet the setback requirements. Accessory buildings shall conform to the setbacks as set forth in subsection (N)(3) of this section except that with respect to property lines, the setback distance shall be a minimum of five feet. In no case shall an accessory building obstruct free egress from door exits of the mobile homes or RVs.
12. Storm Drainage Containment.
a. The city shall, as a condition of approval, require the owner to construct storm drainage facilities such as dry wells, setting basins, or other methods acceptable to the city so that the excess storm water runoff of at least a ten-year flood flow rate will be satisfactorily contained. If deemed necessary by the public works director, higher runoff factors may be required when the developer designs said containment facilities. The director of public works may allow storm drainage to be run into a city storm drain system. In such case the owner shall construct any connection or expansion of the storm necessary to accept the storm water runoff.
b. The developer may be required to show by engineering analysis, that any settling and storm water runoff containment facilities or storm drainage into the city system will contain 10-year runoffs so that storm water runoff from the developed mobile home or R.V. park is no greater than it would have been if the land was left undeveloped.
O. Nonconforming Parks. All now existing mobile home or RV parks not meeting the requirements of this title are considered to be nonconforming parks. As such, these parks are not required to comply with the regulations of this title with the exception of subsection (J) of this section unless the park is to be altered, extended or the use discontinued.
1. Discontinuance. Any nonconforming park that is abandoned or not operated as a mobile home or RV park or the park is vacant and no spaces are used by an occupied mobile home or RV other than that of the residence of the owner or manager for a period of six consecutive months shall not resume operations until the park is inspected and made to meet the conditions and regulations of this title.
2. Alteration. Subject to the provisions of this section, a nonconforming park may be continued and maintained but shall not be altered without complying with all requirements of this ordinance. Exceptions to this section are as follows:
a. Any alteration which brings the park further into compliance with the regulations of this title without increasing the number of spaces or the existing configuration of the park.
b. Any enlargement (or addition) to the park must be in full compliance with the regulations of this title. This shall not be constructed to mean that the existing portion of the park must be brought into full compliance. However, if such extension (or addition) is constructed in such manner that access from the public street serving the park to the extension (or addition) is through any or all of the existing nonconforming park, that access route shall be made to conform with the street standards as prescribed in subsection (N)(5) of this section.
P. Utility Requirements. All mobile home or RV parks shall provide permanent electrical, water and sewage disposal connections to each mobile home or RV space in accordance with applicable state and local codes and regulations.
1. Water. All plumbing in the park shall conform to the requirements of the Uniform Plumbing Code as adopted by the city.
2. Sewage. The sewer lines of the mobile home or RV park shall be connected to a public sewer system, where available. Where a public sewer system is not available, an on-site sewage system shall be used. The approval of the health officer shall be obtained on the type of on-site treatment proposed and on the design and construction of the on-site disposal system. All sewage system plumbing within the park shall conform to the requirements of applicable codes.
3. Underground Utilities. All water, sewer, electrical and communication service lines shall be underground and shall be approved by the agency or jurisdiction providing the service. Water and/or gas shutoff valves, meters and regulators shall not be located beneath the mobile homes or RVs. (Ord. 747 §1 (part), 1997).
Subchapter 116.22.300
Supplementary Regulations
Sections:
16.22.320 Clear vision area requirements.
16.22.330 Measurement of clear vision areas.
16.22.340 General provisions regarding accessory uses.
16.22.370 General requirements – Parking.
16.22.381 Barbed wire fences – Where prohibited.
16.22.382 Barbed wire – Nuisance when.
16.22.383 Barbed wire – Violation – Penalty – Removal by city.
16.22.384 Barbed wire removal requirements – Penalty for noncompliance.
16.22.395 Performance standards.
16.22.310 Access.
Every lot shall abut a street, other than an alley, for at least twenty feet. (Ord. 747 §1 (part), 1997).
16.22.320 Clear vision area requirements.
A clear vision area shall be maintained on the corners of all property adjacent to the intersection of two streets. A clear vision area shall contain no planting, fence, or other temporary or permanent obstruction exceeding three feet in height, measured from the top of the curb, or where no curb exists, from the established centerline grade of the street, except that trees exceeding three feet may be permitted if all branches and foliage to a height of ten feet above the top of the curb or established centerline grade are removed. (Ord. 820 §1 (part), 2005; Ord. 747 §1 (part), 1997).
16.22.330 Measurement of clear vision areas.
A clear vision area shall consist of a triangular area two sides of which are street edge or curb lines and the third side of which is a line across the corner of the lot connecting the ends of the other two sides. The size of a clear vision area is determined by the distance from the intersection of the two street edge or curb lines to the third side, measured along the street.
The distance determining the size of a clear vision area shall be thirty feet, except that where the angle of intersection between streets is less than thirty degrees the city may require a greater distance.
In zones in which a building exists with zero setbacks, the third side shall be from the end of the curbside to the corner of the building and thence to the other end of the curbside.
(Ord. 820 §1 (part), 2005; Ord. 747 §1 (part), 1997).
16.22.340 General provisions regarding accessory uses.
Accessory uses shall comply with all requirements for the principal use except where specifically modified by this title and in addition shall comply with the following:
A. A home occupation when conducted as an accessory use to a dwelling in a residential zone shall be subject to the following limitations:
1. No exterior display shall be permitted;
2. No exterior storage of materials shall be permitted;
3. Exterior signs shall be restricted to those generally permitted in the zone in which the home occupation is located;
4. A home occupation which creates a nuisance because of noise, smoke, odor, dust, or gas is prohibited;
5. There shall be no other exterior indication of the home occupation.
B. On-site hazardous waste treatment and storage facilities are restricted to nonresidential zones that do not prohibit the processing or handling of hazardous substances. Such facilities must meet the siting criteria adopted pursuant to state law [RCW 70.105.210]. (Ord. 747 §1 (part), 1997).
16.22.350 Off-street parking.
The requirements of this section shall apply to all new land uses in any zone or land uses in any zone which has an expansion or addition amounting to more than twenty per cent of the total square foot area of the primary building within a five year period. The requirements of its section shall also apply to the downtown business zone, but may be waived or modified during the permit process if such waiver or modification meets the goals and design guidelines of the downtown revitalization program. Furthermore, these requirements shall also apply to any changes of use (as applicable to the above circumstances) when the existing parking is not in conformance with these requirements.
If parking space has been provided in connection with an existing use or is added to an existing use, the parking space shall not be eliminated if it would result in less space than is required by this title.
The required amount of off-street parking is set forth in the matrices of PMC 16.22.230. Where a square foot amount is specified, the area measured shall be the gross floor area of the building, but shall exclude any space within a building devoted to off-street parking or loading. Fractional space requirements shall be counted as a whole space. (Ord. 820 §1 (part), 2005; Ord. 747 §1 (part), 1997).
16.22.360 Off-street loading.
Off-street loading shall be required as provided in this section and PMC 16.22.370. The requirements of this section shall apply to all new land uses in any commercial or industrial zone or land uses in any commercial zone which have an expansion or addition amounting to more than twenty per cent of the total square foot area of the primary building within a five year period. Furthermore, the requirements of this section shall apply to all new commercial land uses or expansions and additions (as described above) where said commercial land uses are located in residential zones. Furthermore, these requirements shall also apply to any changes of use (as applicable to the above circumstances) when the existing off-street loading is not in conformance with these requirements.
A. Land uses which receive and distribute materials and merchandise by trucks shall provide and maintain off-street loading berths in sufficient number and size to handle adequately the needs of the particular use. Off-street parking areas used to fulfill the requirements of this title shall not be used for loading and unloading operations except during periods of the day when not required for parking needs.
B. Schools. A driveway designed for a continuous forward flow of passenger vehicles for the purpose of loading and unloading children shall be located on the site of any school having a capacity greater than twenty-five pupils. (Ord. 747 §1 (part), 1997).
16.22.370 General requirements – Parking.
Off-street parking and loading shall be as follows:
A. The provision and maintenance of off-street parking and loading spaces is a continuing obligation of the property owner. No building or other permit shall be issued until plans are presented which show property that is and will remain available for exclusive use as off-street parking and loading space. The subsequent use of property for which the building permit is issued shall be conditional upon the unqualified continuance and availability of the amount of parking and loading space required by this title. Should the owner or occupant of any lot or building change the use to which the lot or building is put, thereby increasing off-street parking or loading requirements, it shall be a violation of this title to begin or maintain such altered use until such time as the increased off-street parking and loading requirements are complied with.
B. Requirements for types of building and uses not specifically listed herein shall be recommended by the planning commission based upon the requirements for comparable uses listed.
C. In the event several uses occupy a single structure or parcel of land, the total requirements for off-street parking shall be the sum of the requirements of the several uses computed separately.
D. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same parking and loading spaces when hours of operation do not overlap, provided that satisfactory legal evidence is presented to the city in the form of deeds, leases, or contracts to establish the joint use.
E. Off-street parking spaces for dwellings shall be located on the same parcel with the dwelling. Other required parking spaces shall be located not farther than five hundred feet from the building or use they are required to serve, measured in a straight line from the building.
F. Required parking spaces shall be available for the parking of passenger automobiles of residents, customers, patrons, and employees only, and shall not be used for storage of vehicles or materials or for the parking of trucks used in conducting the business or use, except, such trucks may be parked in required parking spaces during non-business hours.
G. Except for single family and duplex dwellings and unless otherwise provided, required parking and loading spaces shall not be located in a yard required by this title.
H. A plan, drawn to scale, indicating how the off-street parking, loading and landscaping requirements are to be met shall accompany an application for a building permit. The plan shall show all elements necessary to indicate that the requirements have been met, including the following:
1. Adjacent streets, public and private;
2. Boundaries and dimensions of site;
3. Location of on-site buildings;
4. Location of on-site parking and loading spaces;
5. Location and size of landscape areas;
6. Locations, species and size of planting materials;
7. Location and size of existing trees;
8. Grading, drainage, surfacing, and subgrading details;
9. Location and dimensions of curb cuts;
10. Location and specifications for signs;
11. Other pertinent details.
I. Design requirements for parking lots shall be as follows:
1. Areas used for vehicle parking and maneuvering shall have durable and dustless surfaces. Adequately maintained crushed rock surfaces with approved dust-retardant shall satisfy the above requirements.
2. Except for parking in connection with single family or two family dwellings, required parking and loading areas adjacent to a residential land use shall be designed to minimize disturbance of the residents.
3. Parking spaces along the outer boundaries of a parking lot shall be contained by a bumper rail or by a curb which is at least four inches high and which is set back a minimum of one and one-half feet from the boundary of the parking lot.
4. Artificial lighting which may be provided shall be so deflected as not to shine or create glare in any residential zone or on any adjacent dwelling.
5. Access aisles shall be of sufficient width to permit easy turning and maneuvering.
6. Except for single family and duplex dwellings, groups of more than two parking spaces shall be so located and served by a driveway that their use will require no backing movements or other maneuvering within a street right-of-way other than an alley.
7. Service drives to off-street parking areas shall be designed and constructed both to facilitate the flow of traffic and to provide maximum safety for vehicles and pedestrians. The number of service drives shall be limited to the minimum that will accommodate anticipated traffic. In no case shall service drives be less than one hundred feet apart measured center to center.
8. Driveways shall have a minimum vision clearance area formed by the intersection of the driveway centerline, the street right-of-way line, and a straight line joining these lines through points thirty feet from their intersection.
J. Certificate of Occupancy. No certificate of occupancy for property with a required off-street parking area and its related requirements shall be issued unless all required improvements are completed in accordance with an approved plan for such property. In the event that such improvements have not been completed, an occupancy permit may be issued upon the receipt by the city of a cash deposit, bond, letter of credit or other satisfactory financial guarantee in the amount of one hundred twenty-five percent of the estimated cost of the improvements determined by an executed contract to complete such improvements or by adequate appraisals of such cost. (Ord. 747 §1 (part), 1997).
16.22.380 Fence requirements.
A. Fencing in a residential, commercial, or industrial zone shall not exceed six feet in height, except as permitted in subsection (B) of this section. Such fencing shall meet the clear vision requirements of PMC 16.22.320.
B. Fencing in a commercial or industrial zone, or in conjunction with a public facility, when required to provide security around unattended outdoor storage areas or to protect the public from contact with hazardous conditions, materials, or equipment, may exceed six feet in height. (Ord. 754, 1998; Ord. 747 §1 (part), 1997).
16.22.381 Barbed wire fences – Where prohibited.
It is unlawful for any person, copartnership, or corporation to place, erect, or string any barbed wire within six feet of any public sidewalk in the city. (Ord. 203 §1, 1907).
16.22.382 Barbed wire – Nuisance when.
Any and all barbed wire, now or hereafter placed, erected, or strung within six feet of any public sidewalk is a public nuisance. (Ord. 203 §2, 1907).
16.22.383 Barbed wire – Violation – Penalty – Removal by city.
Any person, firm, copartnership or corporation who shall place, erect or string or cause to be placed, erected or strung any barbed wire within six feet of any public sidewalk in the city is guilty of a misdemeanor and upon conviction thereof shall be fined not less than $10.00 nor more than $50.00.
The city superintendent shall summarily remove or cause to be removed any such barbed wire so placed, erected or strung contrary to the provisions of this chapter, and the costs of such removal shall be taxed and collected as a part of the cost of the prosecution. (Ord. 203 §3, 1907).
16.22.384 Barbed wire removal requirements – Penalty for noncompliance.
Any person, copartnership or corporation, upon or for the benefit of, whose premises any barbed wire shall have been heretofore placed, erected or strung within six feet of any public sidewalk, shall remove the same, and in default of such removal the city superintendent shall immediately remove or cause the same to be removed. The party so failing to remove the same is guilty of a misdemeanor and upon conviction thereof shall be fined not less than $10.00 nor more than $50.00, and the cost of such removal shall be taxed and collected as a part of the costs of the prosecution. (Ord. 203 §4, 1907).
16.22.395 Performance standards.
It is intended that all activities and land uses within the city of Pomeroy adhere to a common standard of environmental performance criteria.
A. Vibration. Every use shall be so operated that the ground vibration inherently and/or recurrently generated from use and/or equipment other than vehicles is not perceptible without instruments at any point on or beyond any zone district boundary in which the use is located.
B. Heat, Glare and Steam. Any activity producing steam, heat or glare shall be carried on in such a manner that the steam, heat or glare shall not create a nuisance beyond the boundary lines of the property within which the use is located. Building materials with high light reflective qualities shall not be used in construction of buildings where reflected sunlight would throw intense glare on adjacent areas. Artificial lighting shall use full cut-off fixtures so that direct light from high intensity lamps will not result in glare. Lighting shall be directed away from adjoining properties so that not more than 1-foot candles of illumination leaves the property boundaries.
C. Electrical Disturbance. No activity shall emit electrical disturbance adversely affecting the operation of equipment or appliances at any point beyond the boundaries of the location site of the use creating such disturbance.
D. Noise. On-site sound levels are not to exceed levels established by noise control regulations of the Department of Labor and Industries. Maximum permissible environmental noise levels to be emitted to adjacent properties are not to exceed levels of the environmental designations for noise abatement (EDNA) as established by the State of Washington, Department of Ecology as now exist, or as hereafter amended, provided that EDNA classifications will conform to certain zone designations established under this title as follows:
1. Class A EDNA: Residential Use and Public Zones;
2. Class B EDNA: Downtown Business and Multipurpose Commercial Zones;
3. Class C EDNA: Industrial Zones; and
4. Agricultural Transition Zone: Class EDNA that matches the use of the particular property within the zone. (Ord. 820 §1 (part), 2005).
Subchapter 116.22.400
Exceptions
Sections:
16.22.410 General exceptions to lot size requirements.
16.22.420 Projections from building.
16.22.430 General exceptions to front yard requirements.
16.22.440 General exceptions to building height limitations.
16.22.410 General exceptions to lot size requirements.
If a lot in a residential zone has an area or dimension which does not meet the requirements of this title, the lot may be used for a single family dwelling, subject to the other requirements of the zone in which the lot is located, provided, however, that a conditional use is granted by the city council. (Ord. 776 §1, 2000; Ord. 747 §1 (part), 1997).
16.22.420 Projections from building.
Cornices, eaves, canopies, sunshades, non-masonry chimneys, flues, or other similar projections shall not project more than twenty-four inches into a required yard, and further, shall not be more than four inches for every twelve inches of required setback.
Exception shall be for awnings and canopies in the downtown business district when such awnings or canopies are constructed and installed following the Design Guidelines for downtown revitalization and have been approved by the historic preservation commission. (Ord. 820 §1 (part), 2005; Ord. 747 §1 (part), 1997).
16.22.430 General exceptions to front yard requirements.
The following exceptions to the front yard requirements are authorized for a lot in a residential zone:
A. The planning commission may recommend greater yard requirements when the yard abuts a street which the city has designated for widening.
B. If a street or block has an established pattern of front yard setbacks greater or less than is required by this title, the planning commission may recommend and/or allow new construction to coincide with the setback established. (Ord. 747 §1 (part), 1997).
16.22.440 General exceptions to building height limitations.
The following types of structures or structural parts not subject to the building height limitations of this title area: Chimneys, tanks, church spires, belfries, domes, monuments, fire and hose towers, observation towers, transmission towers, smokestacks, flagpoles, radio and television towers, masts, aerials, cooling towers, elevator shafts, and other similar projections. (Ord. 747 §1 (part), 1997).
Subchapter 116.22.500
Conditional Uses
Sections:
16.22.510 Authorization to grant or deny conditional uses.
16.22.520 Application for a conditional use.
16.22.530 Public hearing on a conditional use.
16.22.540 Notification of decision.
16.22.510 Authorization to grant or deny conditional uses.
Uses designated in this title as conditional uses may be permitted, enlarged, or otherwise altered by the city council. In permitting a conditional use, or the modification of an existing conditional use, the board of adjustment may impose, in addition to those standards and requirements expressly specified by this title, any additional conditions which it considers necessary to protect the best interest of the surrounding property or the city as a whole. These conditions may include increasing the required lot size or yard size, limiting the height of buildings, controlling the locations and number of driveways, increasing the street width, increasing the number of off-street parking and loading spaces, limiting the number, size, and location of signs, and requiring diking, fencing, screening, or landscaping to protect nearby property. In the case of a use existing prior to July 14, 1997, and which is classified in this title as a conditional use, any change in use or in a lot area or any alteration of the structure shall conform with the requirements dealing with conditional uses. (Ord. 776 §1, 2000; Ord. 747 §1 (part), 1997).
16.22.520 Application for a conditional use.
A property owner may initiate a request for a conditional use or for the modification of an existing conditional use by filing an application with the zoning official. The application shall be submitted at least fifteen days prior to the meeting at which it will be considered. The application shall be accompanied by a site plan, drawn to scale, showing the dimensions and arrangement of the proposed development. The zoning official may request other drawings or information necessary to an understanding of the request. (Ord. 886 §17, 2016; Ord. 747 §1 (part), 1997).
16.22.530 Public hearing on a conditional use.
Before the city council may act on a request for a conditional use it shall hold a public hearing, in accordance with the provisions of PMC 17.10.140. (Ord. 776 §1, 2000; Ord. 747 §1 (part), 1997).
16.22.540 Notification of decision.
Within ten days after the city council has reached a decision on a request for a conditional use permit the zoning official shall provide the applicant with a copy of the council’s decision and council’s written report giving the reasons for the decision. (Ord.776 §2, 2000; Ord. 747 §1 (part), 1997).
16.22.550 Appeal.
The action of the city council may be appealed to the superior court according to the provisions of PMC 17.10.110. (Ord. 776 §2, 2000; Ord. 747 §1 (part), 1997).
Subchapter 116.22.600
Nonconforming Uses
Sections:
16.22.610 Continuation of a nonconforming use or structure.
16.22.620 Discontinuance of a nonconforming use.
16.22.630 Change of a nonconforming use.
16.22.640 Destruction of a nonconforming use.
16.22.650 Completion of structure.
16.22.670 Nonconforming billboard.
16.22.610 Continuation of a nonconforming use or structure.
Subject to the provisions of this chapter, a nonconforming use or structure may be continued and maintained in reasonable repair but shall not be altered or extended, except that:
A. The extension of a nonconforming use to a portion of a structure that was provided for the nonconforming use prior to the effective date of this ordinance shall be permitted.
B. A structure conforming as to use but nonconforming with respect to height, setback or coverage may be altered or extended if the alteration or extension does not further deviate from the standards of this title. (Ord. 747 §1 (part), 1997).
16.22.620 Discontinuance of a nonconforming use.
If a nonconforming use is discontinued from use for a period of three years, further use of the property shall conform to this title. (Ord. 747 §1 (part), 1997).
16.22.630 Change of a nonconforming use.
If a nonconforming use is replaced by another use, the new use shall conform to this title. (Ord. 747 §1 (part), 1997).
16.22.640 Destruction of a nonconforming use.
If a nonconforming structure or structure containing a nonconforming use is destroyed by any cause to an extent exceeding eighty percent of fair market value as indicated by the records of the county assessor, a future structure or use on the site shall conform to this title. (Ord. 747 §1 (part), 1997).
16.22.650 Completion of structure.
Nothing contained in this title shall require any change in the plans, construction, alteration, or designated use of a structure for which a permit has been issued and construction work has commenced prior to the adoption of this title, except that if the building is nonconforming or is intended for a nonconforming use, it shall be completed and in use within two years from the time the permit was issued. (Ord. 747 §1 (part), 1997).
16.22.670 Nonconforming billboard.
A. Abatement. Notwithstanding the other provisions contained in this chapter, any billboard which is nonconforming shall either be removed or brought into compliance with the provisions of this title within the time period prescribed herein:
1. Any legally nonconforming billboard shall be discontinued no later than ten years from the effective date of the ordinance codified this section.
2. Any nonconforming billboard in an area subsequently annexed into the city of Pomeroy shall be discontinued or brought into compliance no later than ten years after the effective date of the annexation.
B. Notice. The city will provide written notice of the expiration of the amortization period, as set forth in subsection (A) of this section, to the person responsible for said billboard(s) at their last known address and provide notice to the owner of the property on which the billboard is located. The city will utilize the Garfield County assessor’s office to find the latest, updated address for the property owner. Said notice will be provided by mail, postmarked no later than thirty days prior to the cut off date provided for in this section for request for consideration/extension (seven months prior to expiration of the amortization period), unless extenuating circumstances, as determined by the city require otherwise.
C. Request for Consideration/Extension. The city has established the ten year time period stated in this section with the understanding that this time period provides a reasonable time period to amortize the reasonable economic life and use of most billboards. However, the city recognizes there may be special, unusual circumstances that may fall outside of those parameters.
1. Any person aggrieved by the imposition of the amortization period may request a review of such application of the period. The request for review shall be filed with the city not later than six months prior to the expiration of the amortization period. The city council shall hear the review pursuant to the procedure set forth in PMC 16.06.500.
2. The aggrieved applicant has the burden of establishing the unreasonableness of the amortization period and must provide evidence showing the particular period is unreasonable.
3. The city council shall consider such things as lease obligations, life expectancy of the nonconforming billboard, depreciation and the actual amount invested in the nonconforming billboard. The city council shall not consider replacement costs or fair market value in determining the value to the applicant.
4. The city council shall also consider the benefit to the public that is derived from the termination of the nonconformance, including: the concern for safety of vehicular and pedestrian traffic; whether distracting billboards may serve to break the concentration of those using the roads with the result of loss of life or property; or the location of the billboard so as not to impair the safety of a moving vehicle by obscuring the driver’s vision. In addition, the city council may consider the promotion of public safety, the promotion of aesthetic values and the interest of the general welfare.
5. The city council shall consider the preservation and improvement of the city’s physical environment, natural amenities and desirable characteristics of the city, as set forth in the city’s comprehensive plan and land use regulations. The city council may consider any combination of these legitimate public concerns; however, the city council may not rely solely upon the promotion of aesthetic values to the city in supporting the amortization period.
6. The city council shall conduct a balancing of interest, considering the interest and hardship to the applicant, and whether the hardship to the applicant reasonably outweighs the benefit the public would derive from the termination of the nonconformance. If, after careful consideration, the city council finds the amortization period as applied to the applicant’s nonconformance would result in a greater hardship to the applicant than benefit to the public, the city council may extend the amortization period to a point in time, where the balancing of interest would support the termination of the nonconformance. In no event shall this amortization period be greater than three additional years from the date of amortization period expiration.
D. Loss of Nonconforming Status. A nonconforming billboard shall immediately lose its nonconforming designation if:
1. It is destroyed as set forth in PMC 16.22.640; or
2. It is abandoned as defined in PMC 16.22.025; or
3. It is altered in any way, as defined in PMC 16.22.025; or
4. The advertising message it displays becomes illegible in whole or substantial part; or
5. The billboard is replaced; or
6. Any new billboard is erected or placed in connection with the enterprise using the nonconforming billboard.
E. Determination of Nonconformity. As soon as reasonably possible after the effective date of the ordinance codified in this section, the building official shall make every reasonable effort to identify all the nonconforming billboards within the city’s jurisdiction. The building official shall then contact the person responsible for each such billboard (as well as the owner of the property where the nonconforming billboard is located, as determined by the records of the Garfield County assessor’s office) and inform such person(s):
1. The billboard is nonconforming;
2. How it is nonconforming;
3. What must be done to correct it and by what date; and
4. The consequences of failure to take the necessary actions or to make the necessary corrections.
Subchapter 116.22.700
Variances
Sections:
16.22.710 Authorization to grant or deny variances.
16.22.720 Circumstances for granting as variance.
16.22.730 Application for a variance.
16.22.740 Public hearing on a variance.
16.22.750 Notification of decision.
16.22.710 Authorization to grant or deny variances.
The city council may authorize variances from the requirements of this title where it can be shown that, owing to special and unusual circumstances related to a specific piece of property, the literal interpretation of this tile would cause an undue or unnecessary hardship. Normally, no variance shall be granted to allow the use of property for purposes not authorized within the zone in which the proposed use would be located. In granting a variance the board of adjustment may attach conditions which it finds necessary to protect the best interests of the surrounding property or neighborhood and to otherwise achieve the purposes of this title. (Ord. 776 §1, 2000; Ord. 747 §1 (part), 1997).
16.22.720 Circumstances for granting as variance.
No variance shall be granted unless it can be shown that all of the following circumstances exist:
A. Conditions apply to the property that do not apply generally to other properties in the same zone or vicinity, which conditions are a result of lot size or shape, topography, or other circumstances over which the applicant has no control;
B. The variance is necessary for the preservation of a property right of the applicant substantially the same as is possessed by owners of other property in the same zone or vicinity;
C. The authorization of the variance will not be materially detrimental to the purposes of this title, be injurious to property in the zone or vicinity in which the property is located, or otherwise conflict with the objectives of city development plans or policies;
D. The variance requested is the minimum variance which will alleviate the hardship;
E. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the zone; and
F. The special conditions requiring a variance do not result from the actions of the applicant. (Ord. 747 §1 (part), 1997).
16.22.730 Application for a variance.
A property owner may initiate a request for a variance by filing an application with the zoning official, using forms prescribed in PMC 17.10.120. The application shall be accompanied by a site plan, drawn to scale, showing the condition to be varied and the dimensions and arrangement of the proposed development. The city council may request other drawings or information necessary to an understanding of the request. (Ord. 776 §1, 2000; Ord. 747 §1 (part), 1997).
16.22.740 Public hearing on a variance.
Before the city council acts on a request for a variance, it shall hold a public hearing, in accordance with the provisions of PMC 17.10.140. (Ord. 776 §1, 2000; Ord. 747 §1 (part), 1997).
16.22.750 Notification of decision.
Within ten days after the city council has reached a decision on a request for a variance the zoning official shall provide the applicant with a copy of the council’s decision and council’s written report giving the reasons for the decision. (Ord. 776 §2, 2000; Ord. 747 §1 (part), 1997).
Subchapter 116.22.800
Historic Local Register Overlay (HR) and Historic Downtown Business District Overlay (HD)
Sections:
16.22.840 Certificate of appropriateness.
16.22.860 Historic District development – Reconstruction, modification, decoration.
16.22.810 Purpose.
The Historic Register (HR) Overlay is intended to be used in conjunction with any of the city’s underlying base zones to help protect, for present and future generations, significant historic properties that are listed in the Pomeroy Local Historic Register, and that embody and reflect the architectural, cultural, and historical development of the city. It is the further intent of this HR Overlay to ensure that the Pomeroy historic preservation commission is specifically notified of all applications before the director of public works, the city council or the planning commission respecting property within or proximate to properties or districts listed in the Pomeroy Local Historic Register. To fully meet this objective, the Historic Preservation Overlay may include properties that are adjacent to a locally designated historic property.
The Historic Downtown Business District (HD) is intended to be used in conjunction with the base business district zoning to provide guidelines reflect the past architectural, cultural, and historical development of the business district. The city has developed and will continue to develop regulations and guidelines for use and future development of the public spaces in the district and other areas that are not listed historic buildings. (Ord. 820 §2, 2005).
16.22.820 Definitions.
“Historic property” means a real property including a site (historic and archeological), district, object, building, or structure, which is listed in the Pomeroy Local Historic Register, and has been determined to have architectural, cultural, or historical significance according to the criteria set forth in PMC 16.24.450.
“Pomeroy historic preservation commission” or “commission” is the commission created in PMC 16.24.440 cited as the “Local Review Board”, or “Board” used in Chapter 84.26 RCW and Chapter 254-20 WAC for the special valuation of historic properties.
“Pomeroy Local Historic Register” or “Local Register” means the list of historically, culturally, or architecturally significant properties (sites, districts, structures, buildings, or objects) that are designated in a local register according to the criteria provided for in PMC 16.24.450. (Ord. 820 §2, 2005).
16.22.830 Applicability.
The HR Overlay shall be applied only to those specific historic properties listed in the Pomeroy Local Historic Register, which, because of generally recognized significance to the community, warrant protection against demolition or incompatible alterations, preservation, or enhancement of their historical or architectural characteristics. In addition to the regulatory aspects of this overlay zone, the city will provide information on tax benefits and designation criteria to interested persons upon request per PMC 16.24.400. (Ord. 820 §2, 2005).
16.22.840 Certificate of appropriateness.
As provided by PMC 16.24.400, and notwithstanding any uses otherwise permitted under an applicable base zone classification, no historic property listed in the Pomeroy Local Historic Register may be altered, demolished, or removed, and no new construction permitted within a locally designated historic district or on an individually listed tax lot until a certificate of appropriateness has been issued for such activity by the historic preservation commission. (Ord. 820 §2, 2005).
16.22.850 Historic District.
The Pomeroy Downtown Historic District shall be designated on zoning maps as a Historic District overlay (HD), however, within this zone properties listed on the Local Register shall also be designated as such and shall meet zoning requirements of both overlays. (Ord. 820 §2, 2005).
16.22.860 Historic District development – Reconstruction, modification, decoration.
All new development and/or reconstruction in the Pomeroy Downtown Historic District shall be of a design, style, and construction of the type found in the other historic buildings within the district, continuing the character of the 1900-1935 development and following the guidelines in the Pomeroy Community Revitalization Design Guidelines. Plans shall be approved by the Pomeroy historic preservation commission before issuance of a building permit.
Awnings and canopies must fall within the guidelines in the Pomeroy Community Revitalization Design Guidelines and be approved by the Pomeroy historic preservation commission before issuance of a building permit.
Signs shall meet the requirements of historic signs as specified in PMC 16.28, Signs.
Any benches, trash containers, or other decorative or utilitarian objects placed on the sidewalks or other street rights-of-way of the Historic District shall meet said Design Guidelines. Consultation with the Pomeroy historic preservation commission is recommended for HD areas and required for HR areas. The city may remove any such items not meeting the guidelines. (Ord. 820 §2, 2005).
Sections:
16.22.930 Violation authority.
16.22.910 Penalty.
A violation of this title shall be considered a misdemeanor. Each day the violation continues, the violation shall be considered a separate offense. Upon conviction of a violation of any provision of this title, the defendant shall be punished by a fine of not to exceed $100.00 or imprisonment for not to exceed thirty days, or by both such fine and imprisonment. (Ord. 747 §1 (part), 1997).
16.22.920 Alternative remedy.
In case a building or other structure is or is proposed to be located, constructed, maintained, repaired, altered, or used, or land is or is proposed to be used in violation of this title, the building or land in violation shall constitute a nuisance, and the city may, as an alternative to other remedies that are legally available for enforcing this title, institute injunction, abatement, or other appropriate proceedings to prevent, enjoin, temporarily or permanently, abate, or remove the unlawful location, construction, maintenance, repair, alteration, or use. (Ord. 747 §1 (part), 1997).
16.22.930 Violation authority.
The zoning official is hereby designated as the responsible official for pursuing remedies on violations. (Ord. 747 §1 (part), 1997).