Chapter 23.42 GENERAL PROVISIONS AND SPECIAL CONDITIONS

Specific regulations providing for the location of certain special and accessory uses throughout the use districts of the city and providing supplementary controls for the protection of the essential uses of the districts. [Ord. 28-05 § 1.02].

23.42.020 Accessory apartments.

One accessory apartment per single-family dwelling unit is allowed within all single-family zones within the city under the following conditions:

A. Accessory apartment units established in conformance with the provisions of this section may be allowed as permitted uses on lots zoned for single-family dwellings. No more than one accessory apartment unit per legal lot is permitted and it must be accessory to a detached single-family residence. A lot occupied by two or more dwellings shall not be permitted an accessory apartment unit.

B. An accessory apartment unit may be added onto an existing single-family residence, built adjacent to a single-family residence or constructed in conjunction with a new residence.

C. Each accessory apartment shall have a kitchen and a bathroom and shall not contain more than two bedrooms.

D. An accessory apartment shall not exceed 40 percent of the dwelling’s total floor area, and shall not exceed 800 square feet of interior floor space nor be less than 200 square feet of interior floor space.

E. Minimum required parking of RMC 23.54.020 must be met. One additional parking space for the accessory apartment unit is required.

F. Prior to the issuance of a building permit establishing an accessory apartment unit, the property owner shall record a deed restriction with the Benton County auditor’s office. The document shall be in a form prescribed by the planning director and include a description of the location and size of the accessory apartment unit and a covenant that one of the dwelling units is, and will continue to be, occupied by the owner of the property as the owner’s principal and permanent residence for as long as the other unit is being otherwise occupied or rented. The owner shall maintain residency for at least six months out of the year, and at no time receive rent for, or otherwise allow to be occupied, the owner occupied unit when absent the remainder of the year. Falsely certifying owner occupancy shall be considered a violation of the zoning ordinance and is subject to enforcement action.

G. An accessory apartment permit is required prior to any building permit for alterations or new construction. The permit must be reviewed and approved by applicable city departments.

H. An accessory apartment must be connected to the utilities (except telephone and television) of the dwelling unit and may not have separate services.

I. An attached accessory apartment shall have a separate address, provided it is the same as the primary dwelling with a “B” suffix. A detached accessory apartment unit shall have a separate address and may be the same as the primary dwelling with a “B” suffix or may have an address number different from that of the primary dwelling.

J. The design and size of an accessory apartment unit shall conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health and any other applicable codes.

K. Any existing accessory apartment unit, lawfully existing prior to the adoption of the accessory apartment ordinance, may apply for an accessory apartment permit. If the unit does not meet the current standards, it will be considered a legal nonconforming use subject to the standards of Chapter 23.66 RMC.

L. Accessory apartment units that are attached to the primary dwelling shall meet the following criteria:

1. The accessory apartment must be under the same roof as the dwelling and may not be connected only by a breezeway.

2. An accessory apartment must have its own outside entrance and not within the same facade as the main entrance.

3. An accessory apartment unit, as well as the primary dwelling unit, must meet all applicable setbacks, lot coverage and building height requirements.

4. Only one entrance may be located on the front of the house, unless the front of the house already had more than one entrance.

M. Accessory apartment units that are detached from the primary dwelling shall meet the following criteria:

1. The accessory apartment unit shall be located at least six feet from the primary dwelling unit;

2. An accessory apartment unit shall conform to requirements for the primary residence, including, but not limited to: lot coverage; front, side and rear yard setbacks; and width of lot at the building line. Maximum building height for a detached accessory apartment unit is 15 feet and the structure is limited to a single story; provided, that the rear setback requirement for an accessory apartment unit may be reduced to 15 feet, if a solid privacy fence is also erected along the rear property boundary;

3. The exterior appearance of an accessory apartment unit shall be architecturally compatible with the primary residence. Compatibility includes coordination of architectural style; exterior building materials and color; roof material, form and pitch; window style and placement; other architectural features; and landscaping;

4. Accessory apartment units that are manufactured off site are permitted; provided, that they meet the following criteria in addition to subsections (M)(1) through (3) of this section:

a. Accessory apartment units shall be set on permanent foundations;

b. All accessory apartment units shall be new at the time of installation, not having been previously titled to a retail purchaser and not meeting the definition of a used mobile home as defined in RCW 82.45.032(2);

c. A recreational vehicle shall not be used as an accessory apartment unit. [Ord. 28-05 § 1.02; Ord. 05-13 § 1.01].

23.42.030 Adult use establishment – Locational requirements.

A. Adult use establishments shall be prohibited within 500 feet of any area of the city zoned for residential purposes. Residential zones shall include: single-family residential – 12,000 (R-1-12), single-family residential – 10,000 (R-1-10), medium-density residential (R-2), medium-density residential small lot (R-2S), multiple-family residential use district (R-3); and any other residential zone hereafter adopted by the city.

B. Adult use establishments shall be prohibited within 500 feet of any church or other religious facility or institution.

C. Adult use establishments shall be prohibited within 500 feet of any public or private school, technical school or training facility which has 25 percent or more of their students under the age of 18.

D. Adult use establishments shall be prohibited within 500 feet of any playground or public park.

E. Adult use establishments shall be prohibited within 500 feet of any other adult use business as defined herein.

F. Adult use establishment shall be prohibited within 500 feet of a day care center.

G. The distances provided herein shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the adult use business exists or is proposed to be located, to the nearest point of the parcel of property or the zoning district boundary line from which the proposed adult use business is or is to be separated.

H. Nothing within the locational requirements set forth herein shall preclude an adult use establishment from conducting more than one adult use activity within a single structure, provided the adult use business shall comply with provisions of this title and all other city ordinances.

I. In the event an adult use establishment is legally established in accordance with the requirements of this chapter and a sensitive land use described in RMC 23.06.845 locates within the required separation distance, the zoning conformity of the legally established adult use shall not be affected.

J. All exterior signs advertising adult use establishments shall be in compliance with the regulations for such signs as set forth in the zoning requirements for the applicable zone; provided, that said signs shall not contain any obscene language or other form of obscene communication.

K. Nothing in this section is intended to authorize, legalize or permit the establishment, operating, or maintenance of any business, building or use which violates any city of Richland ordinance or statute of the state of Washington regarding public nuisances, sexual conduct, lewdness, or obscene or harmful matter or the exhibition or public display thereof. [Ord. 28-05 § 1.02].

23.42.035 Automobile oriented uses.

When permitted in the central business district (CBD), automobile oriented uses including minor automotive repair, automotive repair – specialty shop, automobile service station, auto part sales and automatic or self-service car washes shall meet the following requirements:

A. Uses shall only be allowed when located on a site where they do not detract from or discourage pedestrian activity.

B. Uses may be required to install landscaping and/or screening along public rights-of-way and shall be designed to be compatible with the purpose of the central business (CBD) zoning district. [Ord. 28-05 § 1.02; Ord. 32-11 § 14].

23.42.040 Animal shelters, commercial kennels and animal hospitals.

When permitted in a use district by a special use permit, animal shelters, commercial kennels and animal hospitals and clinics shall meet the following minimum requirements:

A. The above permitted uses shall be located on an arterial, secondary arterial or a collector street;

B. When a hospital or clinic for small animals is located on a tract of land less than five acres in size, all treatment rooms, cages, pens or kennels shall be maintained within a completely enclosed, soundproof building, and such hospital or clinic shall be operated in such a way as to produce no objectionable odors outside its walls;

C. Open boarding kennels when combined with an animal hospital or clinic shall be located on a tract of land not less than five acres, and no pens shall be maintained closer than 200 feet to any boundary property line nor closer than 75 feet to any public right-of-way;

D. The animal runs for small animals shall be surfaced with concrete or other impervious materials;

E. There shall be no burning of dead animals on the premises, except that incinerators for the disposal of animals may be allowed by the board of adjustment, provided it can be demonstrated that no smoke or odors will be detected beyond the property lines upon which the animal hospital is located; and

F. Noise levels generated by the use shall conform to the requirements of Chapter 173-60 WAC, Maximum Environmental Noise Laws. [Ord. 28-05 § 1.02].

23.42.045 Bed and breakfast.

A. The bed and breakfast facility shall be the principal residence of the owner/operator.

B. The single-family residence used for the operation of the bed and breakfast shall exhibit no outward appearance of a business or of a nonresidential nature, except that a single sign, no larger than four square feet, may be placed on the property. Said sign may be either freestanding or attached to the front of the residence.

C. The operator of any bed and breakfast facility shall demonstrate compliance with all local and state fire and health codes.

D. The size, configuration, landscaping, screening and/or fencing of the bed and breakfast site shall be sufficient to provide adequate separation between parking areas and outdoor activity areas such as hot tubs, pools, tennis courts, etc., from adjoining properties.

E. Special use permits granted for bed and breakfast operations shall specify the number of rooms available for rental. In no case shall more than four rooms be made available for rental in any single bed and breakfast. [Ord. 28-05 § 1.02].

23.42.047 Businesses with drive-through window service.

When permitted in a use district as a special use, restaurants with drive-through window service shall be designed and operated substantially in compliance with the following requirements and conditions in addition to those set forth in Chapter 23.22 RMC:

A. Vehicular Access and Circulation.

1. Design plans shall provide for the safe and efficient movement of vehicles entering, using and exiting the site;

2. The internal circulation on the site shall provide for pedestrian access from parking lots to the lobby entrance(s) without traversing the vehicular stacking lane(s) for the drive-through window service;

B. The drive-through window service vehicular stacking lane(s) shall be of sufficient length to provide for anticipated average monthly peak volumes, and in any case shall meet the minimum requirements set forth in RMC 23.54.020;

C. The design, signage, and operational characteristics of the establishment shall prevent or discourage vehicles from waiting for service on public sidewalks or streets;

D. No communication systems shall exceed a measurement of 55 decibels at any residential property line adjoining the site;

E. Businesses with drive-through window service are not permitted within the parkway district. [Ord. 28-05 § 1.02; Ord. 04-09].

23.42.050 Churches, clubs, semi-public or public buildings.

A. Churches, institutions, clubs and similar public and semi-public use buildings when permitted in a residential district shall comply with the following requirements:

1. Minimum lot area shall not be less than 20,000 square feet;

2. Maximum Lot Coverage. All buildings including accessory structures on any lot shall not cover more than 35 percent of the total site;

3. Minimum Yard Requirements. Front, side and rear yards shall be a minimum of 35 feet each and shall apply to all buildings (e.g., offices, conference rooms, classrooms, worship areas, recreational buildings and other places of assembly) except incidental detached accessory buildings. Incidental detached accessory buildings (e.g., garage and storage buildings without restroom facilities) located in the rear yard and not exceeding 1,000 square feet in gross floor area and 18 feet in height may be constructed to within 10 feet of a rear or side property line, provided they are no closer than 35 feet from any street right-of-way and 10 feet from any main building on the lot;

4. Maximum Building Height. No buildings shall exceed the maximum height specified for the district in which it is located except as permitted by RMC 23.38.080;

5. Outdoor activity areas shall be oriented away from adjacent residential properties;

6. Artificial lighting shall be oriented away from adjacent properties;

7. Parking lots serving any church, institution, club or similar public or semi-public use shall be separated from any adjacent residentially zoned property by means of a six-foot-high solid fence and/or berm and a 10-foot-wide landscape strip adjacent to the fence. This landscape strip may be used to satisfy the landscaping requirements established for the landscaping of parking facilities as identified in RMC 23.54.140. Parking lots adjacent to public streets are not required to be fenced, but at a minimum shall meet the landscaping standards of RMC 23.54.140. All fencing required under this section shall also meet the standards contained in RMC 23.38.070.

B. Churches, institutions, clubs, and similar public and semi-public use buildings, when permitted in a nonresidential district, shall comply with the requirements for the district in which they are located. [Ord. 28-05 § 1.02; Ord. 24-09].

23.42.051 Concessionaire operating standards.

It is the intent of this section to encourage concessionaires in city parks and other public places that provide amenities to the public and that encourage and support the public use of parks and other public places.

Concessionaires, when permitted in the PPF – parks and public facilities district, shall comply with the following requirements:

A. All concessionaires shall have a permit, written agreement, or contract with the entity that owns the underlying land upon which the concessionaire operates.

B. Concessionaires shall comply with all applicable local and state regulations, including those relating to public health and safety.

C. Concessionaires shall operate within enclosed buildings, from portable vending stands or from motorized vehicles and shall comply with all standards contained within this section.

D. All concessionaires operating from portable vending stands shall use stands that comply with the following requirements:

1. Stands shall be placed and used to serve only walk-up customers.

2. Stands shall not be stored on site when not in use and must be removed from the site at the end of each business day, except when a stand has been permitted to operate for a specific festival or event for a time period not to exceed one week.

3. Stands that are placed on a concrete pad or similar hardscaped surface may be permitted to remain on site during nonbusiness hours.

4. Stands shall be limited in size to a maximum of 200 square feet in area.

E. All concessionaires operating from portable vending stands shall comply with the following requirements:

1. Portable vending stands shall operate within designated parking areas only; except that beverage carts operating within a golf course property are not restricted to parking areas.

2. No portable vending stand shall engage in concession activities within public rights-of-way.

3. No portable vending stand shall engage in concession activities from a fixed location for more than a 20-minute duration; unless operating from a concrete pad or similar hardscaped surface and such operation has been specifically authorized by the property owner.

F. Concessionaires shall maintain the area around their concession location free from litter and shall provide a suitable container for litter collection.

G. Concessionaires must ensure the free passage of pedestrians or vehicles and shall not create congestion on public streets or pathways.

H. Concessionaires may be permitted in the NOS – natural open space zone only at trail head facilities in accordance with the standards contained in this section. [Ord. 28-05 § 1.02; Ord. 13-08; Ord. 70-15 § 1].

23.42.053 Drinking establishments, lounges and restaurants.

Drinking establishments, restaurants with lounges, restaurants with entertainment and indoor commercial recreation facilities, when permitted in a C-1 neighborhood retail district shall comply with the following requirements:

A. The gross floor area of the building containing the use shall not exceed 5,000 square feet in area;

B. Businesses shall not operate past 11:00 p.m.;

C. Customer seating shall be provided only within the confines of the building, unless:

1. Outdoor seating areas are screened from view with fencing or landscaping or a combination thereof;

2. Any outdoor seating area shall be located at least 150 feet from the nearest property zoned for single-family residential use. (Single-family residential zones include R-1-12, R-1-10, R-2, R-2S or any residential planned unit development that is comprised of single-family detached dwellings.) [Ord. 28-05 § 1.02].

23.42.055 Drive-through uses in waterfront district.

Permitted uses in a WF – waterfront district may have drive-through windows subject to issuance of a special use permit in accordance with Chapter 23.46 RMC and in accordance with the following criteria:

A. Any business with a drive-through window must be set back at least 300 feet from the Columbia River. Such setback shall be measured in a straight line without regard to intervening buildings from the ordinary high water mark of the Columbia River, as defined in the Shoreline Management Act found in Chapter 90.58 RCW, as it now exists or as hereinafter amended, to the nearest point of the existing or proposed building that would contain the drive-through window.

B. Any business with a drive-through window shall meet the requirements of RMC 23.42.047.

C. Drive-through uses shall only be permitted upon findings that the proposed drive-through use:

1. Would not interfere with pedestrian movements in the area;

2. Would not impact residential land uses that are located in close proximity to the proposed drive-through use;

3. Would be compatible with other buildings and uses in the immediate vicinity in terms of the proposed design and location of the proposed drive-through; and

4. Would provide safe and adequate vehicle access from a public street to serve the proposed drive-through business.

D. Businesses shall not be solely or primarily dependent upon drive-through windows to generate business. Food service businesses with drive-through window service shall also provide indoor customer service and seating areas. Nonfood service businesses shall provide indoor retail or office space to serve their customers. [Ord. 28-05 § 1.02].

23.42.060 Essential public facilities.

A. Purpose. The purpose of this section is to provide a process to site necessary public facilities that may otherwise be difficult to site. This process involves the community and identifies and minimizes adverse impacts. Essential public facilities are defined in RMC 23.06.330. Examples include schools, water transmission lines, sewer collection lines, fire stations, hospitals, jails, prisons, airports, solid waste transfer stations and landfills, highways and water and wastewater treatment plants. This regulation shall serve to establish an alternative process for permitting these essential public facilities.

B. Determination of Applicability. Essential public facilities may be reviewed through the essential public facility review process as identified in subsection (C) of this section. An applicant may make a written request or the city may require a proposal to be reviewed through the essential public facility review process. An applicant may use this process if the facility meets the definition of an essential public facility.

The city shall make a determination that a facility is to be reviewed through the essential public facilities review process based on the following criteria:

1. The facility is on the state list of essential public facilities maintained by the State of Washington Office of Financial Management.

2. The facility is a type difficult to site because of one or more of the following:

a. The facility needs a type of site of which there are few available;

b. The facility can locate only near another public facility;

c. The facility has or is generally perceived by the public to have significant adverse impacts that make it difficult to site;

d. The facility is of a type that has been difficult to site in the past;

e. It is likely this facility will be difficult to site; and

f. There is a need for the facility and Richland is in the facility service area.

C. Review Process.

1. Facilities to be reviewed through the essential public facilities review process shall be processed as a rezone, a planned unit development or a special use permit. A zoning amendment process shall be used where one or more sites would require a rezone in order for the use to be permitted; otherwise a special permit process shall be used.

2. An applicant may have one or more alternative sites considered at the same time during this process.

3. The city has the authority to require the consideration of sites outside the corporate boundaries of the city of Richland. Alternative sites shall cover the service area of the proposed essential facility.

4. An amplified public involvement process shall be required. The purpose of the public involvement process is to involve the persons within the zone of likely and foreseeable impacts, if the involvement process has the potential to lead to a more appropriate design/location or if that process could lead to development of incentives or to address modifications to the facility which would make siting of that facility more acceptable.

a. The applicant shall propose a public involvement process to be reviewed and approved by the city.

b. Public involvement activities shall be conducted by and paid for by the applicant.

c. The applicant shall initiate the public involvement process as early as feasibly possible.

d. The city may require a multijurisdictional review process if the facility serves a regional, countywide, statewide, or national need. If this process is required, the applicant shall design an acceptable process to be reviewed and approved by the city. Applicants shall bear the expenses incurred during this process.

5. An analysis of the facility’s impact on city finances shall be undertaken. Mitigation of adverse financial impact shall be required.

6. The following criteria shall be used to make a determination on the application:

a. Whether there is a public need for the facility.

b. The impact of the facility on the surrounding uses and environment, the city and the region.

c. Whether the design of the facility or the operation of the facility can be conditioned, or the impacts otherwise mitigated, to make the facility compatible with the affected area and the environment.

d. Whether a package of incentives can be developed that would make siting the facility within the community more acceptable.

e. Whether the factors that make the facility difficult to site can be modified to increase the range of available sites or to minimize impacts on affected areas and the environment.

f. Whether the proposed essential public facility is consistent with the city of Richland’s adopted comprehensive plan.

g. If a variance is requested, the proposal shall also comply with the variance criteria.

h. Essential public facilities shall comply with all applicable state siting and permitting requirements. [Ord. 28-05 § 1.02].

23.42.070 Excavation, processing and removal of topsoil, sand, gravel, rock or similar natural deposits.

The excavation, processing and removal of topsoil, sand, gravel, rock or similar natural deposits, when such use is specifically permitted as a special use in the use district or when the site is identified as mineral resource land by the comprehensive plan, may be permitted; provided, that the following requirements are met:

A. No extractive operation shall commence until the applicant submits evidence from the State of Washington Department of Natural Resources that a permit and reclamation plan have been approved. All extractive operations approved under this chapter shall be carried out in strict conformance with the requirements of this section and the Washington State Surface Mining Reclamation Act (Chapter 78.44 RCW).

B. The applicant shall submit the following information for review:

1. A site plan and vicinity plan showing the location of the proposed site, access and haul roads, zoning of the proposed site and its relationship to the surrounding property and use districts.

2. A reclamation plan, showing the extent of the proposed excavation and supplying detailed plans for grading and planting after the excavation is finished. Drawings or maps that are part of the reclamation plan shall be drawn at a scale of not larger than 50 feet or smaller than 100 feet to one inch.

3. A site plan that demonstrates compliance with design standards of subsection (C) of this section.

4. An operations plan that demonstrates compliance with operating standards of subsection (D) of this section.

5. A report prepared by a licensed or registered professional engineer or geologist that contains data regarding the nature, type, distribution and strength of materials, slope stability and erosion potential, and evidence that demonstrates that the site contains material of a commercial quality and quantity.

6. A report prepared by a transportation engineer that demonstrates that surrounding streets are suitable in consideration of existing and projected traffic volumes, the type and nature of existing traffic, and the condition of the streets.

C. Design Standards. No permit shall be issued unless the following standards are satisfied before granting a special use permit or demonstrated that the standards can be satisfied with conditions of approval.

1. The minimum site area of an extractive operation shall be 10 acres.

2. Extractive operations on sites larger than 20 acres shall occur in phases to minimize environmental impacts. The size of each phase shall be determined during the review process.

3. Fences shall be provided in a manner which discourages access to safety hazards which may arise on areas of the site where:

a. Active extracting, processing, stockpiling, and loading of materials is occurring;

b. Boundaries are in common with residential or commercial zoned property or public lands;

c. Any unstable slope or any slope exceeding a grade of 40 percent (2.5 H:1 V) is present; or

d. Any settling pond or other stormwater facility with side slopes exceeding 3 H:1 V is present.

4. All fences shall be at least six feet in height above grade measured at point five feet from the outside of the fence, installed with lockable gates at all openings and entrances, with no more than four inches from the ground to the fence bottom, and maintained in good repair.

5. Warning and trespass signs advising of the extractive operation shall be placed on the perimeter of the site at intervals no greater than 200 feet.

6. Setbacks for the edge of any excavation, building, or structure used in the processing of materials shall be no closer to property lines than the following standards:

a. One hundred feet from any residentially zoned properties.

b. Fifty feet from any other zoned property, except when adjacent to another extractive site.

c. Fifty feet from any public street.

7. Setbacks for offices and equipment storage buildings shall not be closer than 20 feet from any property line except when adjacent to another extractive site. Scale facilities and stockpiles shall not be closer than 50 feet from any property line except when adjacent to another extractive site.

8. No clearing, grading, or excavation, excluding that necessary for roadway or storm drainage facility construction or activities pursuant to an approved reclamation plan, shall be permitted within 20 feet of any property line except along any portion of the perimeter adjacent to another extractive operation.

9. Landscaping designed and intended to screen operations from view is required around the perimeter of the site adjacent to a public street or residential or commercial zoned property. Landscaping shall be provided with an automatic irrigation system unless a landscape architect certifies that plants will survive without irrigation.

10. Lighting shall be limited to that required for security, lighting of structures and equipment, and vehicle operations, and shall not directly glare onto surrounding properties.

D. Operating Standards. No permit shall be issued unless the following standards can be satisfied before granting a special use permit or demonstrated that the standards can be satisfied with conditions of approval.

1. Noise levels produced by an extractive operation shall not exceed levels specified by the Richland Municipal Code or WAC 173-60-040, Maximum Permissible Environmental Noise Levels, for noise originating in a class C-EDNA (industrial area).

2. Blasting shall be conducted under a blasting plan approved by the city, consistent with industry standards, during daylight hours, and according to a time schedule provided to residents and business located within one-half mile of the site.

3. Dust and smoke produced by extractive operations shall be controlled by watering of the site and equipment or other methods required to satisfy the Benton Clean Air Authority and which will not substantially increase the existing levels of suspended particulates at the perimeter of the site.

4. The applicant shall provide measures to prevent transport of rocks, dirt, and mud from trucks onto public roadways.

5. Traffic control measures such as flaggers or warning signs shall be provided by the applicant during all hours of operation.

6. The applicant shall be responsible for cleaning of debris or repairing of damage to roadways caused by the operation.

7. Surface water and site discharges shall comply with state requirements.

8. Excavation shall not occur below the contours identified on the site plan or within five feet of the seasonal water table, whichever is reached first.

9. Upon depletion of mineral resources or abandonment of the site, all structures, equipment, and appurtenances accessory to the operations shall be removed.

10. Failure to comply with the conditions of this section shall require modifications of operations, procedures, or equipment until such compliance is demonstrated to the satisfaction of the administrative official or, if referred by the administrative official, to the satisfaction of the hearing body. Such modifications may require a permit modification if they are inconsistent with the approved permit conditions.

E. Reclamation.

1. A valid clearing and grading permit shall be maintained throughout the reclamation of the site required pursuant to Chapter 78.44 RCW.

2. No extractive operations shall commence until a reclamation plan approved pursuant to the requirements of RCW 78.44.090 shall be submitted to the city.

3. Reclamation plans shall require:

a. The removal of all buildings, structures, apparatus, or appurtenances accessory to the extractive operations.

b. Final grades suitable for uses permitted within the underlying zoning district.

c. No less than one foot of topsoil shall be returned to the surface of the land, with the exception of roads.

d. The site shall be planted with indigenous plants, such as grasses and shrubs, which shall be maintained to minimize blowing dust.

e. Graded or backfilled areas shall be reclaimed in a manner that will not allow water to collect and permit stagnant water to remain.

f. Waste or soil piles shall be leveled and the area treated with surfacing and planting as required by this subsection.

F. Financial Guarantees. The city may require a financial guarantee when it determines it necessary to assure that all conditions of approval, design standards, and operating standards will be satisfied. The financial guarantee may apply to installation of landscaping for screening, fencing, dust suppression, or any other reasonable purpose as determined necessary by the city to enforce the requirements of this chapter.

G. Permit Review. All extractive and processing operations shall be subject to a review of site design and operating standards at five-year intervals. The review shall be conducted by the administrative official and shall include a written decision containing facts, findings and conclusions supporting the decision, demonstrating compliance with the terms and conditions of the decision granting the special use permit. The administrative official may determine that:

1. The site is operating consistent with all existing permit conditions; or

2. The most current site design and operating standards should be applied to the site through additional or revised permit conditions. Additional or revised conditions necessary to mitigate identifiable environmental impacts to be applied to the site through additional or revised permit conditions shall be identified. The administrative official shall mail a copy of the written decision to the applicant or operator, if a separate party.

H. Any permit issued under this section may be terminated if provisions of this section are not met or if substantial evidence indicates that mining operations are causing or continuation of operations would cause significant adverse impacts to water quality or to the geo-hydraulic functioning of water resources in the vicinity.

I. Any portion of a larger site designated by the Richland comprehensive plan as mineral lands of long-term commercial significance shall be protected against any new incompatible on-site or adjacent uses, or any change in zoning status or restrictions, at such time as any landowner or mineral rights owner applies for and is granted a special use permit under the provisions of this section. For purposes of meeting the requirements of RMC 19.30.020, the mineral rights holder shall be required to prove exclusive ownership of the subject mineral interest and control of the surface for mining purposes. [Ord. 28-05 § 1.02].

23.42.080 Family day care homes and day care centers.

The establishment of any family day care home and day care center shall be subject to the following requirements:

A. Rules and regulations of the Washington State Department of Social and Health Services relating to the development, operation and maintenance of family day care homes and day care centers shall apply.

B. The applicant shall provide written assurance from the State Department of Social and Health Services stating that the applicant has complied with at least one of the following requirements:

1. Made initial contact with the above-mentioned state agency regarding the proposed day care facility;

2. Applied for state licensing of the proposed day care facility; and

3. Received state licensing of the proposed day care facility.

C. Registration of any family day care home or day care center with the fire and emergency services department.

D. The outdoor play area shall be fenced or naturally bounded as follows:

1. Family day care homes shall be in conformance with the Washington Administrative Code; and

2. Day care centers shall be fenced to a height of not less than four feet.

E. Any applicant requesting the issuance of a special use permit as required by ordinance for a day care center shall provide, at the time of application, a title insurance company report showing ownership of record of the property involved, an accurate legal description of the property involved, and a list of the names and addresses of all owners of record of property within a radius of 300 feet. In addition, the report shall include an accurate key map showing the property involved and delineating the property within a radius of the distances specified within a radius of 300 feet. Each parcel falling wholly or partly within the specified distance shall be numbered to correspond with the ownership report.

F. The responsible city official(s) shall make all necessary inspections and contacts to ensure that the requirements set forth in subsections (B), (C), (D), and (E) of this section, and all other applicable provisions of this title, are complied with. No business license shall be issued until the responsible city official(s) has approved the application for business license. [Ord. 28-05 § 1.02; amended during 2011 recodification].

23.42.090 Home occupations.

A. Purpose. The city permits the conduct of business as an accessory use to an established residence within a residential district under certain provisions as outlined within this section. It is the intent of this section to:

1. Maintain and preserve the integrity of residential neighborhoods and commercial districts;

2. Recognize that certain home occupations may be conducted that do not create loud noises, offensive odors, potential health hazards, excessive traffic, parking problems and other detrimental factors within the residential environment;

3. Outline criteria and development standards for the use of dwelling units for home occupations to ensure the compatibility of the home occupations within the residential districts; and

4. Promote the efficient use of public services and facilities by assuring these services are provided to the residential population for which they were planned and constructed.

B. Accessory Use.

1. The following home occupations and other operations similar in nature may be operated as an accessory use to a single-family, duplex or multifamily residence subject to the approval of the home occupation pursuant to the procedures set forth in subsection (C) of this section: providing of professional consultation services; technical and clerical support; home and yard maintenance; tutoring, instruction of music or art; mail order services; making of handcrafted items.

2. The following uses and those similar in nature shall not be allowed as a home occupation within a residential district due to the increased possibility for generating hazardous or nuisance conditions and tendency for expansion beyond the limits permitted for home occupations: vehicle repair and/or maintenance; rebuilding of motors; painting of vehicles, trailers or boats; any Group H occupancy as that occupancy is defined in the most current edition of the International Building Code and International Fire Code adopted by the city.

3. Home occupations not listed in subsection (B) of this section may be permitted if they meet all of the requirements of subsection (C) of this section.

C. Home Occupations – Requirements. All permitted home occupations must comply with the following criteria:

1. Home occupations shall be permitted only as an accessory use clearly incidental and secondary to the occupancy of the dwelling for residential purposes.

2. The operation shall allow no more than two employees, other than residents of the dwelling, to be working on the premises concurrently.

3. There shall be no more than four customer/client visits per day to the residence, and no more than one on the premises at any given time. For purposes of this section, one customer/client visit shall be considered to include any number of persons arriving in a single vehicle.

4. In addition to parking required for the residents, there shall be no more than three vehicles parked on or in the vicinity of the property as a result of the home occupation at any one time.

5. Customer/client and nonresident employee presence at the residence shall be limited to between the hours of 7:00 a.m. and 9:00 p.m.

6. One occupational vehicle associated with the home occupation not exceeding 10,000 pounds gross vehicle weight (GVW) is allowed to be stored at the residence, provided said vehicle is parked off-street – additional occupational-related vehicles must be stored off-premises and in conformance with requirements of the underlying zoning district.

7. Equipment and materials associated with the home occupation and utilized at the residence shall be the same or similar in character to the type and quantities of equipment and materials customarily associated with occupancy of a dwelling as a principal place of residence.

8. Except as permitted by subsection (C)(6) of this section, no outdoor storage or display of merchandise, equipment, or material related to the home occupation shall be permitted.

9. Space requirements and utilization of that portion of the residence for activities associated with the home occupation shall not exceed 20 percent of the gross floor area of the residence or 300 square feet, whichever is greater. Attached and detached garages shall be considered part of the residence and included in determination of gross floor area. All of an attached or detached garage may be used for home occupation purposes, provided said garage does not exceed 600 square feet.

10. No internal or external alterations are permitted which affect the character of the building as a residence.

11. The home occupation shall operate in such a manner as to avoid any external (including transmittal through vertical or horizontal party walls) effect beyond the confines of the subject dwelling such as increased noise, vibration, offensive odor, glare or electrical interference which is incompatible with the characteristics of the residential zone, or is otherwise a violation of the public nuisance ordinance defined in RMC 9.16.020.

D. Application Procedures.

1. Application. Application for a home occupation shall be made to the development services division, on forms provided by the division. To the extent possible, said application shall be processed simultaneously with a business license application as required by RMC Title 5, Licensing and Taxation.

2. Approval/Denial. The administrative official shall act on the application within 10 days of receipt of a complete application. Approval of a home occupation shall be noted by planning and development services division signing off on the required business license. Denial of an application for home occupation permit shall be in writing to the applicant and shall set forth the reasons for the denial.

3. Inspection of Premises. Upon reasonable notice by the city and during normal business hours, inspection of that portion of the dwelling occupied by the home occupation shall be allowed to ensure conformance with the area, equipment, materials and alteration provisions of subsection (C) of this section.

4. Revocation of Approval. The administrative official may revoke any approval for a home occupation based on noncompliance with the provisions and requirements set forth in this section. Notification of revocation shall be made in writing to the applicant. If the approval is revoked, the previously approved home occupation becomes null and void and all use related thereto shall be terminated.

5. Appeals. Any person aggrieved by the denial or revocation of an application may appeal such administrative decision in accordance with RMC 23.70.070.

6. Any person proposing a home occupation that is inconsistent with one or more of the home occupation requirements as set forth in subsection (C) of this section may request approval of said home occupation by filing a special use permit application in accordance with the procedures outlined in Chapter 23.46 RMC. The board of adjustment shall consider such application for home occupations and may grant approval of any such application that it finds to be consistent with subsection (A) of this section; provided, that the board of adjustment shall not approve any application that is otherwise prohibited in subsection (B)(2) of this section.

E. Nonconforming Home Occupations. Any lawfully established and operated home occupation located within the city limits on the date of adoption of the ordinance codified in this chapter, or located within an area annexed to the city after adoption of the ordinance codified in this chapter, shall be considered a legal nonconforming use and subject to the provisions of Chapter 23.66 RMC. [Ord. 28-05 § 1.02; amended during 2011 recodification].

23.42.100 House-banked card rooms – Locational criteria.

A. House-banked card rooms shall be prohibited within 500 feet of any area of the city zoned for residential purposes. Residential zones shall include: single-family residential – 12,000 (R-1-12), single-family residential – 10,000 (R-1-10), the medium-density residential (R-2), the medium-density residential small lot (R-2S) and any other single-family residential zone hereafter adopted by the city.

B. House-banked card rooms shall be prohibited within 500 feet of any public or private K – 12 school in existence at the time of application.

C. House-banked card rooms shall be prohibited within 500 feet of any public playground or public park in existence at the time of application.

D. The distances provided herein shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the house-banked card room exists or is proposed to be located, to the nearest point of the parcel of property or the zoning district boundary line from which the proposed house-banked card room is or is to be separated.

E. In the event a house-banked card room is legally established in accordance with the requirements of this chapter and a use as described in subsections (A) through (D) of this section locates within the required separation distance, the zoning conformity of the legally established house-banked card room shall not be affected.

F. In the event that any court of competent jurisdiction finds that the city zoning for house-banked card rooms is unconstitutional or illegal, then the city elects to permit any existing house-banked card rooms to continue operation as nonconforming legal uses. [Ord. 28-05 § 1.02].

23.42.105 Landscaping material sales and plant nurseries.

Businesses involved in the sale of landscaping materials and/or the retail sale of plants in an AG – agricultural district, when permitted, shall comply with the following requirements:

A. Sites that are used for such businesses shall have direct frontage on public streets that have an arterial or public highway designation, according to the city of Richland’s adopted street functional classification system.

B. Portions of the site used for business purposes shall be screened from adjacent properties, unless the hearing body finds that screening is not necessary or would be ineffective. When required, minimum screening shall consist of a six-foot-high solid fence or hedge row.

C. Structures used for the business and/or any bins used for the storage and/or display of landscaping materials shall be set back a minimum of 35 feet from any side or rear property line.

D. Gravel parking areas are permitted; provided, that the business operator implements appropriate measures for dust control on a continuing basis. [Ord. 28-05 § 1.02].

23.42.110 Manufactured homes.

Manufactured homes, as defined in RMC 23.06.600, used for dwelling purposes shall be permitted only in approved manufactured home parks in accordance with the use and installation regulations and standards specified in RMC 23.42.130 through 23.42.140 respectively; provided, that manufactured homes are permissible as temporary dwellings for watchmen who are employed to watch over commercial, industrial, institutional or residential construction sites (other than the construction site of a single conventional dwelling), during periods of construction, in any use district in which these activities are allowed.

A. Temporary Residence Manufactured Homes. Any manufactured home used as a temporary dwelling shall comply with the following requirements:

1. Authorization for the temporary use and placement of a manufactured home shall be obtained from the administrative official. The written authorization shall state a specific length of time that the manufactured home may remain on the lot. The time period may be extended by the administrative official if sufficient need can be shown.

2. Connection to city water, sewer, and electrical services shall be made if available. If such services are not available, alternative facilities shall be provided as authorized by the administrative official and approved by the health agency having jurisdiction.

3. The manufactured home shall be removed from the lot at the expiration of the letter of authorization, or within 30 days following completion of the construction, whichever occurs first.

4. All evidence that the manufactured home has been on the lot shall be removed within 30 days after the removal of the manufactured home.

5. Violation of any of these provisions shall be subject to the penalties set forth in RMC 23.70.270.

6. Nothing in this section shall prohibit the use of a recreational vehicle as a temporary residence; provided, that any recreational vehicle used as temporary residence shall meet all the provisions of this section.

B. Separation Requirements in Pre-Existing Manufactured Home Parks. The following minimum separation requirements shall apply to manufactured homes moving into manufactured home parks either reviewed and approved by the city prior to the effective date of Ordinance 2-82, or reviewed and approved by another governmental agency.

1. Minimum separation between manufactured homes shall be: six feet as measured from end to end; eight feet as measured from side to end; and 10 feet as measured from side to side.

2. Attached accessory structures shall be considered as part of the manufactured home for minimum separation purposes; provided, that attached awnings, carports, patios, and similar structures may be constructed to within five feet of a unit on an adjacent space if constructed entirely of materials that do not support combustion.

3. Detached storage structures shall be located no closer than five feet to any manufactured home or attached accessory structure. [Ord. 28-05 § 1.02; Ord. 01-10 § 1.02].

23.42.130 Manufactured home parks – Application procedure.

When allowed in a specific use district, any development, alteration or extension of a manufactured home park shall require a special use permit. Application shall be submitted to the hearing body in accordance with the procedures set forth in Chapter 23.46 RMC. In addition to the requirements specified in RMC 23.46.020, the application/development plan shall include design specifics of the manufactured home park, as set forth and required in RMC 23.42.140, including, but not limited to, the location and dimensions of each manufactured home lot; the location of each manufactured home stand (so that setbacks, yards and other open spaces and utility connections may be determined); the location of street lighting; the method for drainage and the location of all catch basins and storm sewers; and the manufactured home park landscaping plan.

The hearing body, in determining whether the location contemplated will create special problems in relation to site design and compatibility with other developments established as of right within the particular zone, may establish conditions of the special use permit as deemed necessary or may deny the permit. [Ord. 28-05 § 1.02].

23.42.140 Manufactured home parks – Standards and requirements.

The following standards, requirements and any other specific conditions recommended by the technical advisory committee and approved by the hearing body shall also be included as conditions of the special use permit:

A. Permitted Uses. No building, structure, or land within the boundaries of a manufactured home park shall be used for any purpose, except as follows, and specified on the approved special use permit development plan:

1. Manufactured home used for dwelling purposes with their customary accessory uses.

2. Buildings and structures necessary for the operation and maintenance of the manufactured home park, or providing customary accessory uses of manufactured home parks, including laundry facilities, park office and equipment storage buildings.

3. Buildings and structures necessary for the operation of a public utility, subject to the requirement of RMC 23.42.200.

4. Community recreation facilities, for residents of the manufactured home park and their guests, including swimming pools subject to the requirements of RMC 23.42.300 and 23.42.310.

5. Residences for the use of a manager and/or caretaker responsible for maintaining or operating the manufactured home park which may be either a conventional one-family dwelling or a manufactured home.

6. Home occupations subject to the conditions of RMC 23.42.090.

7. Rental of rooms to not more than four persons in addition to the family occupying the manufactured home, provided there is compliance with all applicable city ordinances.

8. Family day care homes and mini-day care centers subject to the requirements of RMC 23.42.080.

9. One convenience store per manufactured home park which provides retail products such as foods, household products, newspapers and magazines, cosmetics and pharmaceuticals for the convenience of the residents of the manufactured home park may be permitted as a secondary use if sufficient need for such a store is demonstrated to the satisfaction of the hearing body. The size of the store shall be commensurate with the number of manufactured home lots in the park. The location of the store shall be oriented inwardly and no sign advertising the store shall be visible from any public right-of-way or property abutting the manufactured home park.

B. Development Standards.

1. Minimum Park Size. The minimum area for a manufactured home park shall be five acres.

2. Maximum Gross Density. Maximum gross density shall not exceed 10 manufactured home lots per acre. Density for each specific manufactured home park shall be similar to, or compatible with, surrounding residential areas and shall be determined on a case-by-case basis.

3. Public Access. Public access not less than 36 feet in width shall be required from the manufactured home park to an arterial or collector street. The hearing body shall determine on a case-by-case basis whether a secondary access shall be required. Secondary access, if provided, shall enter the public street system at least 150 feet from the primary access.

4. Minimum Lot Requirements.

a. The minimum area for a manufactured home lot designed to accommodate a manufactured home not exceeding 14 feet in width shall be 3,500 square feet. The minimum lot dimension shall be 34 feet.

b. The minimum area for a manufactured home lot designed to accommodate a manufactured home exceeding 14 feet in width shall be 4,500 square feet. The minimum lot dimension shall be 50 feet.

5. Minimum Building Setback Requirements.

a. Twenty-five feet from a public right-of-way.

b. Ten feet from the manufactured home lot line abutting on an interior access street.

c. Fifteen feet from any park boundary (excluding public rights-of-way).

6. Separation Requirements. No manufactured home shall be located closer than 15 feet from any other manufactured home unit or permanent park building. An attached accessory building shall be considered part of the manufactured home for separation purposes. If not attached to the manufactured home, an accessory structure shall not be located closer than five feet from such manufactured home (unless an intervening fire wall is provided), or from any other manufactured home or permanent building.

7. Occupied Area. The cumulative occupied area of the manufactured home and its accessory buildings on a manufactured home lot shall not exceed two-thirds of the respective lot area.

8. Accessory Structures and Buildings. Accessory structures and buildings shall be subject to all applicable building and construction provisions of the Richland Municipal Code.

9. Parkland Dedication/Recreation Areas. Mandatory parkland dedication or payment of fees in lieu of dedication shall be required in accordance with Chapter 22.12 RMC for all manufactured home park developments. Dedicated parkland shall not be designated within the boundaries of a manufactured home park unless specifically approved or required by the hearing body; however, certain recreational facilities and areas provided within the park for its residents which are determined by the hearing body to satisfy the intent of the mandatory parkland provision may be eligible for credit towards the required dedication or fee.

a. Development and maintenance of recreational facilities and area(s) within the manufactured home park boundaries are the responsibility of the park owner and/or developer.

10. Interior Park Accessways. Streets, driveways and other accessways within a manufactured home park shall be constructed and maintained by the owner and/or developer of the park in accordance with the standards provided by the public works director. Interior park accessways shall not be dedicated as a public right-of-way unless otherwise approved or required by the hearing body.

Interior park streets shall observe the following minimums:

a. One-way traffic streets shall be a minimum of 28 feet in width. Reduction of this standard to a minimum of 20 feet may be allowed when on-street parking is prohibited subject to the approval of the public works director.

b. Two-way traffic streets shall be a minimum of 36 feet in width. Reduction of this standard to a minimum of 28 feet may be allowed when on-street parking is prohibited subject to the approval of the public works director.

c. Parking lanes shall be eight feet wide where provided.

d. Cul-de-sac streets and streets designed to have one end permanently closed (“Y” or “T”) should have a minimum turning radius of 50 feet, or otherwise be adequately designed to permit ease of turning.

11. Parking Requirements.

a. A minimum of two off-street parking spaces shall be provided adjacent to, or conveniently near, each manufactured home lot. Parking may be in tandem.

b. One parking space per each four manufactured home lots shall be required to accommodate the contemplated guest parking loads and shall be evenly distributed throughout the manufactured home park. Parking lanes may provide up to 50 percent of this requirement. The remainder of the guest parking spaces shall be group separate off-street parking areas. The design and construction of parking facilities shall be in accordance with RMC 23.54.010 through 23.54.150.

12. Manufactured Home Stand. Every manufactured home lot shall be provided with a manufactured home stand to accommodate the placement of the manufactured home and its attached accessory structures. The material used for the manufactured home stand foundation base shall be durable and capable of supporting a manufactured home without shifting, heaving or uneven settling regardless of weather conditions and other forces acting on the unit.

Provisions shall be made at the manufactured home stand for utility connections and appropriate locations and adequate surface drainage specified and approved by the public works director.

13. Pedestrian Walkways. A common walkway system shall be provided and maintained between locations where pedestrian traffic is expected to be concentrated and might interfere with automobile traffic. Such common walks shall be constructed in accordance with standards provided by the public works director.

14. Street Lighting. Adequate street lighting shall be provided to illuminate streets, driveways, walkways and buildings for the safe movement of pedestrians and vehicles and for the safe nighttime use of such facilities. Installation of all street lighting shall be in accordance with standards provided by the public works director.

15. Landscaping, Buffering and Screening.

a. Manufactured home parks shall be enclosed on all sides with permanently maintained natural or artificial barriers, such as a sight-obscuring wall, or continuous buffer of trees or shrubs, not less than six feet in height, except for those sides abutting public rights-of-way.

b. Sides which abut public rights-of-way shall be buffered with a perimeter landscape strip not less than 10 feet wide within the required setback. Such landscape strip shall be planted or installed with a permanently maintained natural or artificial barrier not less than four feet in height. If an artificial barrier is installed, the remainder of the landscape strip shall be landscaped with ground cover or other approved landscape treatment excluding pavement.

The hearing body may waive all or part of the perimeter landscaping requirements if, due to the nature of the existing topography or other existing conditions, it is unreasonable to require a wall, fence or screen.

c. A specific landscaping plan, including irrigation system design, for the manufactured home park shall be submitted as part of the special use permit application. Landscaping materials shall conform to, and be installed in accordance with, the approved development plan prior to occupancy of any manufactured home lot.

16. Storage Facilities. No manufactured home lot shall be occupied unless or until adequate storage facilities as provided for herein are properly installed or developed. It shall be the responsibility of the park management to provide the required storage facilities and adequate security thereof.

a. A private storage facility having a floor area of at least 48 square feet and a minimum height of six feet shall be provided on or conveniently near each manufactured home lot for inside storage of such items. The storage structure shall be anchored to a concrete footing as approved by the building official.

b. A bulk storage and parking area shall be set aside for storage of boats, campers, trailers, and other similar items. A minimum of 300 square feet of space, exclusive of driveways, shall be provided within the manufactured home park for every five mobile home lots. This storage area shall be located so as to avoid conflict with adjoining residential properties and shall be screened from view with appropriate landscaping and/or screening as indicated on the approved landscaping plan.

17. Utilities and Other Services. The construction and maintenance of all water, sewer, electrical, communication and miscellaneous (gas, television cable, etc.) service lines shall be under the supervision of the department or utility agency having jurisdiction in accordance with all applicable state and local codes, policies and regulations.

The location of all underground utility and service lines shall be indicated by an aboveground sign (or signs) identifying the proximity of the lines to the manufactured home stand to facilitate service connection and to avoid damage to such underground services by the use of ground anchors, installation of skirting, etc.

a. Water Supply and Distribution System. Each manufactured home park shall be connected to a public water system, with the appropriate backflow preventative device installed, and its supply shall be used exclusively. Individual water service connection shall be provided for each manufactured home lot.

b. Sewage Disposal. Adequate and safe sewage disposal shall be provided for all manufactured home lots. Whenever feasible, connection shall be made to public sewer system.

c. Electrical Distribution System. Each manufactured home park shall be provided with an underground electrical distribution system in accordance with the policies and specifications for installation and maintenance of the electrical utility having jurisdiction.

d. Solid Waste Disposal System. Solid waste collection stands shall be provided for all waste containers in accordance with specifications for design and location as provided by the solid waste division supervisor. Solid waste collection stands, whether individual or grouped, shall be screened from view with appropriate landscaping and/or screening as indicated on the approved landscaping plans.

18. Signs identifying the manufactured home park shall be in conformance with applicable sign regulations of RMC Title 27.

C. Required Permits and Licenses.

1. Manufactured home parks are subject to all applicable building and construction provisions of the Richland Municipal Code, which includes issuance of building permits and authorized inspections of all phases of construction and development.

2. No building permits shall be issued and no construction of any kind to create, alter, or extend any manufactured home park may be initiated until a special use permit has been granted by the hearing body in accordance with the procedure specified in Chapter 23.42 RMC and subject to the applicable regulations and standards set forth in this section.

3. No manufactured home lot may be rented or occupied until a business license for operation of the manufactured home park has been obtained pursuant to Chapter 5.04 RMC, Licensing and Taxation. A business license shall not be issued until all required building, fire and life safety inspections have been conducted.

Construction or development of all of the improvements indicated on the approved development plan shall also be required prior to issuance of a business license; provided, however, that the administrative official may waive this requirement if sufficient need can be shown. A performance bond or other acceptable securities shall be required by the administrative official in order to ensure development as per the special use permit, for any improvements that are not completed prior to issuance of the business license. Such improvements shall be completed within a reasonable time, not to exceed six months.

Prior to renewal of the business license, the building official shall inspect the manufactured home park to check continued compliance with all conditions of the special use permit and shall submit to the park owner a written report stating whether or not the park is in compliance. The owner must take action to effect compliance with any conditions that are in violation before the business license shall be renewed.

4. A violation of any of the licensing provisions of this section shall be subject to the penalties set forth in RMC 5.04.520 through 5.04.610.

D. Park Administration.

1. It shall be the responsibility of the park owner and/or manager to assure that the provisions of this section, including installation of manufactured homes and construction of accessory structures on individual manufactured home lots, and any additional conditions of the special use permit are observed and maintained within the manufactured home park.

2. The park shall be kept free of any brush, leaves, and weeds and all landscaped areas shall be continually maintained.

3. Failure to comply with any of the requirements for administering a manufactured home park shall be a violation subject to penalties set forth in RMC 23.70.270.

4. Each manufactured home shall have the space between the bottom of the unit and the ground completely enclosed with a compatible skirting material or installed at terrain level, with adequate provisions for access, ventilation, clearance and shoring/retention of perimeter earthen banks, as approved by the building official.

5. Construction of accessory structures shall be subject to the applicable building and construction provisions of the Richland Municipal Code. [Ord. 28-05 § 1.02; amended during 2011 recodification].

23.42.170 Mini-warehouses.

When permitted, mini-warehouses shall be subject to the following requirements:

A. Any outdoor storage shall be conducted entirely within storage yards separate from buildings. Such storage yards shall conform to the standards set forth in RMC 23.42.180. Storage of any items, including vehicles, in interior traffic aisles, off-street parking areas, loading areas or driveway areas is prohibited.

B. Lighting used to illuminate any interior traffic aisle, off-street parking area, loading or unloading area, or storage area, shall be shielded or so arranged as to reflect light away from adjoining premises.

C. Mini-warehouses shall be designed, landscaped, screened, or otherwise treated in a manner that will be aesthetically pleasing and compatible with surrounding uses.

D. Traffic aisles shall be of sufficient width so as to allow for loading and unloading, maneuvering and circulation of vehicles, and shall in no case be less than 20 feet in width.

E. Use of mini-warehouse compartments or yards for any purpose other than the storage of goods is prohibited. [Ord. 28-05 § 1.02].

23.42.175 Outdoor commercial recreation.

Outdoor commercial recreation facilities when permitted in the AG – agricultural and M-1 – medium industrial districts shall comply with the following requirements:

B. All portions of the site used for businesses shall be screened from adjoining properties when, in the determination of the hearing body, such screening is necessary to protect the adjoining property from the impacts of the proposed business use.

C. No amplifiers or loud speakers of any kind shall be installed outside of buildings.

D. In the AG – agricultural district, gravel parking areas are permitted; provided, that the business operator implements appropriate measures for dust control on a continuing basis.

E. In the AG – agricultural district, all areas actively used for outdoor recreation or buildings shall be set back a minimum of 35 feet from side and rear property boundaries. [Ord. 28-05 § 1.02].

23.42.180 Outdoor storage.

“Outdoor storage,” as defined in RMC 23.06.715, when permitted in any commercial or industrial zone shall comply with the following requirements:

A. Fencing and Screening Required. Fencing and screening is not required around those portions of the lot utilized for the display of merchandise as defined in RMC 23.06.715(A). Fencing and screening is required around all portions of the lot utilized for the outdoor storage of equipment, material, scrap, or junk as defined in RMC 23.06.715(B) and (C); or when determined by the building official or fire marshal to be necessary to protect the safety of the general public. All fencing and screening shall be installed in accordance with the following requirements:

1. Building Setbacks. All fencing and associated screening shall comply with the building setback requirements for the district in which it is located unless specified otherwise.

2. Minimum Fence Height. Fencing of outdoor storage areas shall be constructed to a minimum height as follows:

a. Six feet in height in C-1 and C-2 districts; and

b. Eight feet in height in C-3, B-RP, B-C, I-M and M-2 districts.

3. Minimum Screening Requirements. All outdoor storage areas shall be screened in accordance with the following requirements.

a. Location. Screening is required on all sides not abutting a building wall in C-1, C-2, C-3, B-RP and B-C districts. Screening is required only on those sides facing a public right-of-way or a nonindustrial district in I-M and M-2 districts.

b. Screening. Screening may consist of appropriate landscape treatment, or be included in the fence construction through utilization of sight-obscuring building materials such as wood, concrete block, or slatted chain-link construction. Landscape screening installed pursuant to this section shall be installed at the time of fence construction. The landscaping shall consist of an evergreen planting strip which shall be installed so that such plantings can reasonably be expected to provide the desired screening within three years of planting, and shall be maintained in a healthy, growing condition.

4. Maintenance Required. Fences, walls and landscaping surrounding outdoor storage areas shall be well maintained and kept free of litter, posters, signs and trash.

B. Outdoor Storage Height Limitation. Storage of equipment and neatly stacked material shall not exceed the height of the fencing in a C-1, C-2 or B-C district; or a maximum of 20 feet in height in a C-3, B-RP, I-M or M-2 district. Storage of junk or scrap as defined in RMC 23.06.715(C) shall not exceed the height of the fencing in any commercial or industrial district. [Ord. 28-05 § 1.02].

23.42.183 Parking lots.

Wherever permitted in the natural open space district, parking lots shall meet the following standards:

A. Only the minimum number of parking spaces shall be provided in accordance with state park development standards.

B. Parking lots shall be located and designed to reduce the impact upon natural open space land.

C. Parking lots in the natural open space district may be surfaced with gravel or means other than asphalt; provided, that adequate dust control measures are implemented. [Ord. 28-05 § 1.02].

23.42.185 Portable food vendors.

Whenever permitted, portable food vendors shall meet the following standards:

A. Only food and/or beverages are allowed to be sold. No other retail sales are permitted.

B. No outdoor storage of pushcarts or other equipment used by a portable food vendor is permitted.

C. Portable food vendors shall operate only during the hours of 8:00 a.m. to 10:00 p.m.

D. Portable food vendors shall comply with all local and state public health and safety regulations.

E. Vendors must operate in such a fashion to avoid creating congestion on public streets or sidewalks. If operating on a public sidewalk, portable food vendors must ensure the free passage of pedestrians or vehicles. The net passable sidewalk width of any public sidewalk shall not be reduced below four feet.

F. Portable food vendors shall not place pushcarts or other equipment within a public street.

G. All portable food vendors shall provide a waste receptacle at all times. [Ord. 28-05 § 1.02].

23.42.190 Public stables and riding academies.

When permitted in a use district by a special use permit, public stables and riding academies shall meet the following minimum requirements:

A. A minimum site area of five acres shall be provided;

B. Any stable or barn shall not be located closer than 75 feet to any boundary property line, or to any building containing a dwelling unit on the same premises;

C. Any corrals, exercise yards or rings shall maintain a distance of not less than 35 feet from any boundary property line and a distance of not less than 45 feet from any building containing a dwelling unit on the same premises; and

D. Any open air storage of hay, straw, shavings or similar organic materials shall be kept at a distance of not less than 35 feet from any boundary property line, and a distance of not less than 45 feet from any building containing a dwelling unit on the same premises. [Ord. 28-05 § 1.02].

23.42.200 Public utilities.

Public utility buildings, telephone exchanges, sewage, pumping stations, electrical distribution substations and similar developments necessary for the operation of the utilities shall be permitted in any district, provided the following requirements are complied with:

A. If the installation is housed in a building, the building shall conform architecturally with the surrounding buildings or the type of buildings that will develop due to the zoning district.

B. Unhoused installations on the ground or a housed installation that does not conform to the architectural requirements of subsection (A) of this section must be sight screened with trees, shrubs, and landscaping planted in sufficient depth to form an effective and actual sight barrier within five years.

C. All unhoused installations of a dangerous nature, such as an electrical distribution substation, shall be enclosed by an eight-foot-high open wire fence.

D. All buildings, installations and fences shall observe the setback requirements for buildings in the district in which they are located, and in residential districts the side yard shall be increased to 20 feet. [Ord. 28-05 § 1.02].

23.42.210 Recreational clubs.

The applicant for a recreational club shall submit facts to the administrative official showing the suitability of the site for the use; legal provisions insuring the maintenance of the use (both structures and open space) so as to prevent the use from becoming a public liability (such legal provisions shall be reviewed and approved as to form by the city attorney); further, the applicant shall submit a report indicating the club membership size and area to be served by the club. The following dimensional standards shall apply:

A. Minimum Lot Area. The lot size for a recreational club shall conform to that of the district in which the development is located.

B. Lot Coverage. Lot coverage shall be the same as the district in which the development is located. (This standard shall be applicable to building only.)

C. Minimum Side Yard Setback. All outdoor, intensively used recreational facilities, i.e., swimming pools, tennis courts, lawn bowling courts, and similar uses shall be set back 35 feet from all property lines not abutting a public street.

D. Off-Street Parking. All off-street parking spaces shall be located on the same site as the principal use. There shall be provided one space per 5,000 square feet of designated and improved recreational area; plus one space per 300 square feet of gross floor area for any building used for public assembly and/or for recreational purposes; plus one space per 300 square feet of water surface area of a pool (exclusive of hot tubs); provided, however, that 25 percent of vehicle parking spaces may be converted to bicycle spaces at a rate of three bicycle spaces per one vehicle space.

E. Sound Standards. No amplifiers or loud speakers of any kind shall be installed outside of any buildings.

F. Fencing – Screening. Fencing and screening shall comply with RMC 23.38.070(B). [Ord. 28-05 § 1.02; Ord. 22-20 § 1].

23.42.220 Recreational vehicle park.

When allowed in a specific use district, a recreational vehicle park may be established as a special use; provided, that the establishment of such use shall meet the following requirements:

A. The minimum size of the recreational vehicle park shall be 100,000 square feet.

B. The maximum gross density allowed shall be one recreational vehicle space per each 2,000 square feet of land area.

C. No less than eight percent of the total site area shall be provided as defined recreation space. The recreation space shall be easily accessible and shall be improved and maintained in such a manner so as to provide adequate recreational facilities for the residents of the recreational vehicle park.

D. Each recreational vehicle space shall have a minimum width of 25 feet.

E. Interior private streets shall observe the following minimums:

1. Twelve feet of width per each travel lane and eight feet of width per each parking lane;

2. Improvement with bituminous surface treatment (BST) in accordance with the specifications of the city engineer. In addition, all streets shall be well-drained, well-lighted, and continuously maintained in operable condition.

F. Spacing Between Units. There shall be a minimum side-to-side dimension of 12 feet between units and a minimum end-to-end dimension of 10 feet between units.

G. Minimum Setbacks Required. The following setback requirements shall apply:

1. Twenty-five feet from a public street;

2. Five feet from an interior private street;

3. Fifteen feet from the park boundary.

H. Off-Street Parking. A minimum of one off-street parking space shall be required for each recreational vehicle space. It shall be located within the recreational vehicle space. In addition, one off-street parking space per each three recreational vehicle spaces shall be required for guest parking. The guest parking spaces shall be grouped and distributed evenly throughout the park.

I. Pedestrian Walkways. Pedestrian walkways having a width of not less than three feet shall be provided from the recreational vehicle spaces to all service buildings and facilities, refuse collection areas, and recreation areas. The walkways shall be hard-surfaced, well-drained, and well-lighted.

J. Landscaping. Adequate landscaping to enhance and beautify the recreational vehicle park as well as minimize noise and visual problems shall be provided.

K. Limit of Stay. No recreational vehicle shall remain in place in a recreational vehicle park for more than 12 months in any 14-month period, except as specifically authorized by the planning commission. The city shall reserve the right to audit the park management for the purpose of determining that the length of stay is within the parameters established by this chapter. If an applicant submitting an application for approval of a recreational vehicle park includes an operational plan with their application, the planning commission may modify or eliminate the length of stay limits included in this section. Such an operational plan shall include specific details regarding the operation of the recreational vehicle park, which at a minimum shall include length of stay provisions for various types of recreational vehicles; maintenance standards for recreational vehicles using the park; and regulations regarding the outdoor storage of personal items and vehicles within the park. When an application for the development of a recreational vehicle park is approved, the operational plan shall become part of the conditions of approval attached to the special use permit and shall be enforceable by the city. In the event that the owner/operator of an existing recreational vehicle park desires to amend the approved operational plan for their recreational vehicle park, the owner/operator shall make a written request to the administrative official. If the administrative official determines that the amendments to the operational plan are in keeping with the standards for recreational vehicle parks, the original conditions of approval attached to the special use permit and will not result in detrimental impacts to surrounding properties, the administrative official shall approve in writing the requested amendments to the operational plan. Any appeal to a decision made by the administrative official shall be heard by the planning commission.

1. Any planning commission approval of an operational plan that allows for unlimited length of stay for all or a portion of a recreational vehicle park shall include a requirement that the planning commission review the operational plan at five-year intervals. If upon review the commission finds that the overall recreational vehicle park maintenance and operational standards have been adhered to and circumstances and conditions in the surrounding community still warrant, the commission may grant approval to the operational plan for another five-year interval.

L. Maintenance. Recreational vehicle sites and the recreational vehicles located within them shall be maintained in good condition at all times. No accumulation of junk or inoperable vehicles shall be stored within any recreational vehicle space. All recreational vehicles within a recreational vehicle park shall remain in operable condition and shall have valid state licenses and current vehicle tabs.

M. Solid Waste Disposal. The storage, collection and disposal of solid waste in recreational vehicle parks shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, or accident or fire hazards. Individual or grouped refuse containers must be screened from view except on collection day.

N. Utilities. The following requirements for utilities shall apply:

1. A water supply system shall be provided in the recreational vehicle park for each recreational vehicle space designed to accommodate the park user occupying a self-contained recreational vehicle or a dependent recreational vehicle and shall be connected to a public water supply system. The water system for a recreational vehicle park shall be constructed and maintained in accordance with all applicable state and local codes and regulations.

2. Watering Stations. Each recreational vehicle park shall be provided with one or more easily accessible water supply outlets for filling recreational vehicle water storage tanks.

3. Sewage Disposal System. An adequate and safe sewage disposal system shall be provided in a recreational vehicle park for each recreational vehicle space designed to accommodate the park user occupying a self-contained vehicle and shall be connected to the public sewerage system. The sewage disposal system in a recreational vehicle park shall be constructed and maintained in accordance with all applicable state and local codes and regulations.

4. Sanitary Stations. Each recreational vehicle park shall be provided with sanitary dumping stations in the ratio of one for every 100 recreational vehicle spaces or fractional part thereof. Sanitary stations shall consist of at least a trapped four-inch sewer riser pipe connected to the sewage disposal system and surrounded at the inlet end by a concrete apron sloped to the drain and provided with a suitable hinged cover; and a water outlet, with the necessary appurtenances connected to the water supply system to permit periodic wash down of the immediate adjacent areas. A sign shall be posted near the water outlet indicating that this water is for flushing and cleaning purposes only. Sanitary stations shall be screened from other activities by a visual barrier such as fences, walls, or natural growth and shall be separated from any recreational vehicle space by a distance of not less than 50 feet.

5. Electrical Supply System. Each recreational vehicle park shall be provided with an underground electrical system which shall be installed and maintained in accordance with all applicable state and local codes and regulations.

6. Other Utility Systems. If other utility systems such as natural gas, television cable, or telephone are installed in a recreational vehicle park, such installation shall be in accordance with state and local codes and regulations.

O. All recreational vehicle parks shall comply with rules and regulations of the Washington State Board of Health.

P. All recreational vehicle spaces shall be well marked and numbered. [Ord. 28-05 § 1.02; Ord. 12-08].

23.42.230 Recreational vehicle campground.

When allowed in a specific use district, a recreational vehicle campground may be established as a special use; provided, that the establishment of such use shall meet the following requirements:

A. The requirements set forth in RMC 23.42.220(A), (E) through (J), (L), (N), and (O).

B. The maximum gross density allowed shall be one recreational vehicle space per each 3,000 square feet of land area.

C. No less than eight percent of the total site area shall be provided as defined recreation space; provided, however, that the hearing body may waive this requirement if it determines that recreational facilities located adjacent or in close proximity to the site of the proposed recreational vehicle campground will be sufficient to satisfy the recreational needs of users of the recreational vehicle campground.

D. Each recreational vehicle space shall have a minimum width of 35 feet.

E. Limit of Stay. No recreational vehicle or tent shall remain in place in a recreational vehicle campground for more than a total of 21 days in any one-year period.

F. Campfires shall be allowed in conjunction with the recreational vehicle campground; provided, that campfire sites and/or structures for the containment of the campfire shall be approved in advance by the Richland fire marshal.

G. Utilities. The following requirements for utilities shall apply:

1. Water Supply System. An accessible, adequate, safe and potable water supply system shall be provided in the recreational vehicle campground, and it shall be designed so as to accommodate convenient use by campground users. Where possible, connections shall be made to a public water supply system. If connection to a public water supply system is not feasible, then a water supply system in conformance with all state and local codes and regulations shall be provided. If individual water service connections are not provided to each recreational vehicle space, then water shall be available within 200 feet of every recreational vehicle space.

2. Watering Station. Each recreational vehicle campground shall be provided with two or more easily accessible water supply outlets for filling recreational vehicle water storage tanks.

3. Sewage Disposal System. An adequate and safe sewage disposal system shall be provided in the recreational vehicle campground, and it shall be designed to accommodate convenient use by the campground users. Where possible, the sewage disposal system shall be connected to a public sewerage system. If connection to a public sewerage system is not feasible, then a sewage disposal system for the recreational vehicle campground shall be constructed and maintained in accordance with all applicable state and local codes and regulations.

4. A wastewater disposal facility shall be provided within 100 feet of all recreational vehicle spaces which do not have individual sewer connections.

5. Sanitary Stations. Each recreational vehicle campground shall be provided with sanitary dumping stations in the ratio of one for every 100 recreational vehicle spaces or fractional part thereof. Sanitary stations shall consist of at least a trapped, four-inch sewer riser pipe connected to the sewage disposal system and surrounded at the inlet end by a concrete apron sloped to the drain and provided with a suitable hinged cover; and a water outlet with the necessary appurtenances connected to the water supply system to permit periodic washdown of the immediate adjacent areas. A sign shall be posted near the water outlet indicating that this water is for flushing and cleaning purposes only. Sanitary stations shall be screened from other activities by a visual barrier such as fences, walls or natural growth and shall be separated from any recreational vehicle space by a distance of not less than 50 feet.

6. Electrical Supply System. Each recreational vehicle campground shall be provided with an electrical supply system adequate to supply electricity to provide lighting for all streets, walkways, and service buildings within the campground. If electrical service is provided to individual recreational vehicle spaces, the electrical supply system shall be underground. All electrical supply systems shall be installed and maintained in accordance with all applicable state and local codes and regulations. [Ord. 28-05 § 1.02].

23.42.240 Recreational vehicle park and recreational vehicle campground – Application fee and site plan.

A. Site Plan. The application shall be accompanied by 32 copies of a site plan which shall contain, but not necessarily be limited to, the following:

1. Name of the owner and operator, with address and phone numbers; and the name of the proposed recreational vehicle park or campground;

2. Legal description of the subject tract of land;

3. Name, address and phone number of the person or firm preparing the site plan;

4. Scale of the drawing and north arrow;

5. The area and dimensions of the tract of land;

6. The number, size and location of all recreational vehicle spaces;

7. The number, location and size of all off-street automobile parking spaces;

8. The location and width of all streets and walkways;

9. The location of service buildings, sanitary stations, recreation area, and any other proposed facilities or structures;

10. Location of all utility lines and easements;

11. Specifications of the water supply, sewage disposal, electrical supply, and refuse collection systems;

12. Specifications of all buildings, recreation uses, and other facilities to be constructed;

13. Landscaping specifications of sufficient detail to assure effectiveness of purpose;

14. Topography at an appropriate contour interval unless specifically waived by the planning supervisor;

15. A vicinity map indicating the names and location of all streets within at least a quarter-mile radius of the subject site; and

16. Location and specifications of the manager’s office and dwelling unit. In the AG and PPF use districts, the manager’s dwelling may be either a conventional one-family dwelling or a manufactured home.

The site plan map shall be drawn at a scale of not larger than 30 feet to the inch, nor smaller than 100 feet to the inch, and shall be clear and precise. If necessary the site plan can consist of more than one drawing. [Ord. 28-05 § 1.02].

23.42.250 Schools.

A. The minimum acreage of a school site shall be five acres and one additional usable acre for each 100 students or portion thereof of projected maximum enrollment plus an additional five usable acres if the school contains any grade above grade six.

B. For school sites having less than 100 percent of the usable acreage as required in subsection (A) of this section, the planning commission, upon written request, may grant a site size reduction if it is demonstrated to the planning commission’s satisfaction that the neighborhood in which the school facility is or will be situated will not be detrimentally impacted by the proposed site size reduction for reasons including, but not limited to, lack of parking for students, employees and the public or by the reduction of open space in general. Such written requests shall be reviewed by the planning commission following the public hearing and notice procedures set forth in Chapter 23.46 RMC for special use permits. [Ord. 28-05 § 1.02].

23.42.260 Schools, alternative.

Alternative schools, as defined in RMC 23.06.832, when permitted shall be designed and constructed to meet the following requirements:

A. The schools are located in a site that has direct access to a public street;

B. Safe access or transportation to the school is available to students attending the school. [Ord. 28-05 § 1.02].

23.42.270 Self-service and automatic car washes.

When permitted in a use district, car washes shall be designed and constructed to meet the following requirements:

A. Vehicular Access and Circulation. Design plans shall provide for the safe and efficient movement of vehicles entering, using and exiting the site;

B. Sight and Sound Buffers and Landscaping. Design plans shall include the following provisions for sight and sound buffering and landscaping as appropriate:

1. The minimum landscaping required shall be as set forth in RMC 23.54.140, Landscaping of parking facilities, except that no interior coverage is required;

2. To help assure compatibility with adjoining uses, sight and sound buffers may be required as specified by the administrative official. Where a proposed car wash has interior property lines adjoining a residential district or use, a minimum six-foot-high fence, constructed of masonry, wood, or wood slatted wire mesh, shall be constructed along said interior property lines, provided such fences shall comply with any required setbacks from adjoining streets;

C. Building Design. Building design plans shall demonstrate to the administrative official’s satisfaction the following:

1. That the building design, including a type and color of exterior materials, will be compatible and consistent with the architectural character of the surrounding area;

2. That the height-to-width relationship/mass of a proposed building will be compatible and consistent with the surrounding area. [Ord. 28-05 § 1.02].

23.42.280 Service stations.

When permitted in a use district, service stations shall be constructed to meet the following minimum requirements:

A. Service stations located on a corner lot shall comply with the minimum design standards shown on the drawing marked “Plate 4” and “Corner Lot – Service Station.”

B. Service stations located on other than a corner lot shall comply with the minimum design standards shown on the drawing marked “Plate 5” and “Inside Lot – Service Station.”

C. Canopies and similar architectural features may be attached to the building or constructed over the pump islands; provided, that they are no closer than 10 feet to the property line, that they shall not be deemed to be a part of the building for the purpose of conforming to building areas limitations, and that they shall be used only to cover those areas normally used for gasoline sales and not those areas used for lubrication or other major service work.

D. The applicant shall submit a plot plan showing locations of buildings, pump islands, entrances and exits, proposed traffic flow, all dimensions and any other information required to ensure conformance with these regulations.

E. Any outdoor storage area accessory to the service station shall be enclosed with not less than a six-foot fence and shall be visually screened from adjoining properties. All storage areas shall comply with building setbacks.

[Ord. 28-05 § 1.02].

23.42.290 Storage or sale of junk, wrecked or unlicensed autos, or salvage material.

The storage or sale of junk, wrecked or unlicensed autos or other salvage material when such use is specifically permitted as a special use in the use district, shall meet the following requirements:

A. The applicant shall submit a map showing the location of the proposed site, access roads, zoning of the proposed site, and its relationship to surrounding property and use districts.

B. Storage of such material shall be completely screened from view from all public streets and adjacent districts other than manufacturing by a sight-obscuring fence, hedge or planting of evergreen plants.

C. Storage of such material shall be no closer than 300 feet to any district other than manufacturing.

D. A fence or hedge shall be well maintained and kept free of litter and trash.

E. The use shall comply with all the performance standards and other requirements of the M-2 district. [Ord. 28-05 § 1.02].

23.42.300 Swimming pools.

All private swimming pools located in an AG, SAG, R-1-12, R-1-10, R-2, R-2S and R-3 zone capable of holding 24 inches or more of water shall be located in the back half or rear yard of the lot, or shall be located a minimum of 75 feet from a street right-of-way; except that pools may be located a minimum of 20 feet from a street right-of-way or private street on any lot that is bordered on two or more sides by a public right-of-way or is accessed via a private access drive and also abuts a public street.

This provision shall not apply to hot tubs as defined in RMC 23.06.500. Public and semi-public pools shall meet the provisions of RMC 23.42.210, Recreational clubs. [Ord. 23-15 § 1.01; Ord. 28-05 § 1.02; Ord. 19-07; Ord. 32-11 § 15].

23.42.310 Private swimming instructions.

Use of a private pool for swimming instructions to not more than six pupils simultaneously is permitted; provided, that hours of instruction are restricted to those between 9:00 a.m. and 5:00 p.m.; no amplified sound equipment is used in the instruction; the pool area is separated from adjoining properties by a six-foot sight-obstructing fence; vehicular traffic to the site shall not be such as to create a hazard or a parking problem adversely affecting adjacent property owners; and the installation of such pool shall meet the requirements of the State Department of Health pertaining to public pools. [Ord. 28-05 § 1.02].

23.42.320 Towing, vehicle impound lots.

Towing and vehicle impound lots when permitted in the C-3 general business district shall comply with the following requirements:

A. All storage of vehicles shall be within an enclosed fenced yard and shall be screened from view from public streets and adjacent properties by a sight-obscuring fence, hedge or planting of evergreen plants.

B. Business operators shall implement appropriate measures for dust control on a continuing basis.

C. Operation of impound lots shall conform at all times to the provisions of state law. Vehicles shall not be stored within an impound lot for more than 180 days. [Ord. 28-05 § 1.02].

23.42.325 Vehicle-based food service – Requirements.

A. Licensing. Vehicle-based food service vendors must obtain a city business license per Chapter 5.04 RMC.

B. Condition of Vehicle. Any vehicle utilized for vehicle-based food service shall be in full operational condition. The vehicle shall be licensed to operate or ride on the roadways of this state, and must be capable of leaving a site at any time under its own power or that of an available towing vehicle.

C. Location and Use. Vehicle-based food service vendors shall operate as an accessory, off-street use to a permanent land use or as a use on vacant property. Prior to operation, vehicle-based food service vendors must obtain written consent from the property owner and all business(es) located on site.

D. Right-of-Way. Vehicle-based food service vendors shall not operate within any public right-of-way except as provided in RMC 23.42.051.

E. Restroom Facilities. Vehicle-based food service vendors must ensure on-site or adjacent restroom facility access for employees. Such facilities shall supply running hot and cold water. Vehicle-based food service vendors are not authorized to locate at any site where such facilities are unavailable.

F. Equipment and Outdoor Seating. Outdoor seating and equipment is permitted; provided, that the placement of any outdoor seating or equipment shall not be placed in a manner so as to reduce the amount of available off-street parking below the minimum off-street parking required for the site in accordance with Chapter 23.54 RMC.

G. City-Owned and Operated Facilities. Vehicle-based food service vendors may, with city’s permission, operate as a concessionaire on publicly owned and operated facilities per RMC 23.42.051.

H. Cleanliness and Waste Disposal. Vehicle-based food service vendors shall maintain the area in and around the vehicle, keep the area free from litter and waste, and shall supply a suitable container for waste collection. Vehicle-based food service vendors are responsible for the proper collection and disposal of on-site litter and waste.

I. Traffic. Vehicle-based food service vendors must ensure free passage of pedestrians and vehicles, and shall not create congestion on public streets or pathways. Vehicles shall not be located within 25 feet of a driveway or intersection.

J. When permitted in a C-1 neighborhood retail district, vehicle-based food service vendors shall not operate between 9:00 p.m. and 7:00 a.m. [Ord. 48-17 § 5].

23.42.330 Vehicle leasing, renting and sales.

A. Vehicle leasing/renting and vehicle sales operations, when permitted in the C-2 retail business and CBD central business districts, shall comply with the following requirements:

1. All areas used for vehicle display, storage and parking shall meet the paving, access and perimeter landscaping requirements as set forth in Chapter 23.54 RMC.

2. The minimum lot size shall be one acre.

3. Noise levels generated by the operation of outdoor speakers shall conform to the requirements of Chapter 173-60 WAC, Maximum Environmental Noise Laws.

4. Auto repair or maintenance activities performed on the site as an accessory to the primary vehicle leasing/renting or sales operation shall be conducted wholly indoors.

B. Vehicle leasing, renting and sales operations within the CBD zoning district shall be limited to no more than 20 percent of the site for the outdoor display of vehicles for sale. [Ord. 28-05 § 1.02; Ord. 04-09].