Chapter 17.55
USE AND OTHER REGULATIONS

Sections:

17.55.010    Purpose.

17.55.020    Table of uses.

17.55.025    Prohibited uses.

17.55.030    Conditional uses.

17.55.040    Nonconforming structures, lots and uses.

17.55.050    Temporary uses.

17.55.060    Accessory buildings, structures, and uses.

17.55.070    Accessory dwelling units (ADUs).

17.55.080    Performance standards.

17.55.090    Day care facilities.

17.55.100    Home occupations.

17.55.110    Elementary and secondary schools.

17.55.120    Natural resource extraction.

17.55.130    Fences.

17.55.010 Purpose.

The purpose of this chapter is to list the use and other regulations of property for all the zoning districts in one chapter. In this manner repetition is reduced and users of this code will be able to refer to one chapter to obtain this information. (Ord. 1198 § 22 (Exh. D), 2017; Ord. 744 § 2, 1995).

17.55.020 Table of uses.

Table 1 lists uses that are regulated by the zoning code, except unclassified uses in Chapter 17.60 SMC, and uses within the mixed use district, Chapter 17.30 SMC. The uses are listed and a corresponding letter is printed for each zoning district. The letter “X” means the use is prohibited for that particular district. The letter “P” designates uses that are permitted in a particular district. The letter “C” means that a use may be permitted in a particular district, subject to a conditional use permit. The presumption established by this chapter is that all legitimate uses of land are permissible within at least one zoning district. Therefore, because the list of permissible uses set forth cannot be all-inclusive, those uses that are listed shall be interpreted liberally to include other uses that have similar impacts to the listed uses.

 

Table 1. Table of Uses 

 

Land Use Descriptions

 

R-C

R-1

R-2

PR

BR-1

BR-2

FBMU

BO

BG

OP

PCI

I

OS-1

OS-2

OS-3

UP

1.0

Residential

 

 

1.1

Single-Family Dwellings

 

 

 

1.1.1 Site-Built, Modular and Designated Manufactured Home

P

P

P6

P

X

X

P6

X

X

X

X

X

X

X

X

X

1.1.2 Accessory Dwelling Unit

P

P

P

P

X

X

P

X

X

X

X

X

X

X

X

X

1.1.3 Co-Housing

C

C

C

P

X

X

C

X

X

X

X

X

X

X

X

X

1.2

Multiple-Family Dwellings

X

X

P

P

X

X

P

X

X

X

X

X

X

X

X

X

1.3

Homes Emphasizing Special Services or Supervision

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1.3.1 Day Care I

P

P

P

P

X

X

P

P

P

X

X

X

X

X

X

X

1.3.2 Day Care II

C

C

X

C

P1

P

P

P

P

P

P

X

X

X

X

X

1.3.3 Special Needs Housing

C

C

C

C

X

X

C

X

X

P

X

X

X

X

X

X

 

 

1.3.4 Permanent Supportive Housing

P

P

P

P

P

P

P

P

P

P

X

X

X

X

X

X

 

 

1.3.5 Transitional Housing

P

P

P

P

P

P

P

P

P

P

X

X

X

X

X

X

 

 

1.3.6 Emergency Housing or Shelter

X

X

X

X

P

P

P

P

P

P

X

X

X

X

X

X

1.4

Miscellaneous Rooms for Rent Situations

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1.4.1 Bed and Breakfast

C

C

X

C

C1

C

C

P

P

X

X

X

X

X

X

X

1.4.2 Boarding Houses

X

X

X

C

C1

C

C

C

C

C

X

X

X

X

X

X

1.5

Second Story SF or MF Dwelling Units above Nonresidential Uses

X

X

X

C

P

P

P

P

P

C

C

X

X

X

X

X

1.6

Home Occupations

P

P

P

P

P

P

P

P

P

P

P

X

X

X

X

X

2.0

Commercial/Business

 

 

2.1

Retail/Service

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.1.1 Groceries/Supermarket

X

X

X

X

P

P

P

X

P

C

P

X

X

X

X

X

2.1.2 Convenience Stores

X

X

X

P

P

P

P

X

P

C

P

X

X

X

X

X

2.1.3 Retail Sales

X

X

X

P4

P

P

P

P5

P

X

P

X

X

X

X

X

2.1.4 Retail Services

X

X

X

P4

P

P

P

P

P

X

P

X

X

X

X

X

2.1.4a Hair/Beauty/Nail Salon

X

X

X

P4

P

P

P

P

P

X

P

X

X

X

X

X

2.1.4b Tattoo Parlor

X

X

X

X

P1

P

P

P

P

X

P

X

X

X

X

X

2.1.4c Shoe Repair

X

X

X

X

P1

P

P

P

P

X

P

X

X

X

X

X

2.1.4d Copy/Print/Photo Shop

X

X

X

X

P1

P

P

P

P

P

P

P

X

X

X

X

2.1.5 Commercial Services

X

X

X

X

P1

P

P

P

P

X

P

X

X

X

X

X

2.1.5a Banks

X

X

X

X

X

P

P

P

P

X

P

X

X

X

X

X

2.1.5b Check Cashing/Quick Loan Stores

X

X

X

X

X

X

X

X

P

X

X

X

X

X

X

X

2.1.5c Pawn Shops

X

X

X

X

X

X

X

X

P

X

X

X

X

X

X

X

2.1.5d Dry Cleaner

X

X

X

X

X

P

P

P

P

X

P

X

X

X

X

X

2.1.6 Art Galleries

X

X

X

P

P

P

P

P5

P

X

P

X

X

X

X

X

2.1.7 Restaurants and Taverns

X

X

X

P

P

P

C/P7

P5

P

X

C

X

X

X

X

X

2.1.8 Formula Take-Out Food Restaurants

X

X

X

X

P3

X

P5

P5

X

X

X

X

X

X

X

X

2.1.9 Espresso/Snack Stands

X

X

X

X

P

X

P5

P5

P

P

P

X

X

X

X

X

2.1.10 Drive-Through Associated with Restaurant or Espresso/Snack Stand

X

X

X

X

X

P

X

X

P

X

C

X

X

X

X

X

2.2

Office/Professional

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.2.1 Professional Services

X

X

X

P

P1

P

P

P

P

P

P

X

X

X

X

X

2.2.2 Corporate Offices

X

X

X

X

P1

P

P

P

P

P

P

C

X

X

X

X

2.2.3 Call Centers

X

X

X

X

X

X

X

X

X

P

P

X

X

X

X

X

2.2.4 Data Centers

X

X

X

X

X

X

X

X

X

C

C

X

X

X

X

X

2.3

Entertainment Uses

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.3.1 Theater, Auditorium

X

X

X

P

P

P

P

P

P

C

P

C

X

X

X

X

2.3.2 Enclosed Commercial Recreation (bowling, arcades, etc.)

X

X

X

P

P

P

P

X

P

X

X

X

X

X

X

X

2.3.3 Unenclosed Commercial Recreation (mini-golf, batting cages, amusement rides, etc.)

X

X

X

X

X

X

X

X

P

C

C

C

X

X

X

X

2.4

Hotels and Motels

X

X

X

X

C

C

C

C

C

C

X

X

X

X

X

X

2.5

Wholesale Sales

X

X

X

X

X

C

C

C

P

P

P

C

X

X

X

X

2.6

Small Animal Veterinarian Clinic

X

X

X

C

X

P

P

P

P

C

P

X

X

X

X

X

2.7

Automotive Uses

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.7.1 Vehicle Sales

X

X

X

X

X

X

X

X

X

X

P

X

X

X

X

X

2.7.2 Gas Stations

X

X

X

X

X

X

X

X

X

X

P2

P2

X

X

X

X

2.7.3 Vehicle Service/Repair

X

X

X

X

X

X

X

X

P

X

P

P

X

X

X

X

2.7.4 Autobody/Painting

X

X

X

X

X

X

X

X

C

X

P

P

X

X

X

X

2.7.5 Car Wash

X

X

X

X

X

X

X

X

P

X

P

P

X

X

X

X

2.7.6 Towing Services

X

X

X

X

X

X

X

X

C

C

X

P

X

X

X

X

2.8

Funeral Home/Crematory

X

X

X

X

X

X

X

X

P

P

P

P

X

X

X

X

2.9

Cemetery

C

C

X

C

X

X

X

C

C

C

C

X

X

X

X

X

3.0

Industrial Uses

 

 

3.1

Light Industrial/Manufacturing

X

X

X

X

X

X

X

X

C

X

P

P

X

X

X

X

3.2

Commercial Warehouse

X

X

X

X

X

X

X

X

C

X

P

P

X

X

X

X

3.3

Resource Extraction

X

X

X

X

X

X

X

X

X

X

X

C

X

X

X

X

3.4

Heavy/Resource-Based Industrial

X

X

X

X

X

X

X

X

X

X

X

C2

X

X

X

X

3.5

Salvage/Junk Yard

X

X

X

X

X

X

X

X

X

X

X

C2

X

X

X

X

3.6

Specialty Light Industrial/Manufacturing

X

X

X

X

C

C

C

C

C

X

P

P

X

X

X

X

4.0

Institutional

 

 

4.1

Schools (elementary, middle, or high school)

C

C

X

C1

C1

C

C

C

C

C

C

C

X

X

X

X

4.2

Churches and Religious Institutions

C

C

X

P1

P1

P

P

P

P

X

P

C

X

X

X

X

4.3

Health Services

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

4.3.1 Hospitals

X

X

X

X

X

X

C

C

C

P

P

C

X

X

X

X

4.3.2 Extended Care Facilities

X

X

X

X

X

X

X

X

X

P

P

X

X

X

X

X

4.3.3 Assisted Living Quarters

X

X

X

X

X

X

X

P

P

P

P

X

X

X

X

X

4.4

Museums/lnterpretive Centers

C

C

X

P

P

P

P

P

P

P

P

C

C

C

P

C

4.5

Community Centers

C

C

X

P

P

P

P

P

P

P

P

C

C

C

X

C

4.6

Social/Fraternal/Youth Clubs, Lodges, Halls

X

X

X

X

P1

P

P

P

P

P

P

P

X

X

X

X

5.0

Recreation

 

 

5.1

Golf Course

C

C

X

P

X

X

X

X

X

X

X

C

X

C

X

X

5.2

Country Club

C

X

X

P

X

P

P

P

P

C

P

C

X

C

X

X

5.3

Swimming Pool

C

C

X

P

X

P

P

P

P

C

P

C

X

C

X

X

5.4

Riding Stables

C

X

X

C

X

X

X

X

X

X

P

X

C

C

X

X

6.0

Public Service

 

 

6.1

Parks and Open Space

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

6.2

Public Utilities

P

P

X

C

C

P

P

P

P

P

P

P

C

C

C

P

6.3

Municipal Government Facilities

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

6.3.1 Police and Fire

C

C

X

P

P

P

P

P

P

P

P

P

X

X

X

P

6.3.2 Offices

X

X

C

P

P

P

P

P

P

P

P

P

X

X

X

P

6.3.3 Library

X

C

C

P

P

P

P

P

P

P

P

P

X

X

X

X

6.3.4 Wastewater Treatment Plant

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

P

7.0

Agricultural

 

 

7.1

Commercial Greenhouse

C

C

X

C

X

C

C

C

C

C

P

P

C

C

X

X

7.2

Commercial Farm/U-Pick

P

C

X

C

X

X

X

X

C

C

P

C

C

C

X

X

7.3

Large Animal Veterinarian Facility

C

X

X

X

X

C

C

C

C

X

P

C

X

X

X

X

7.4

Public/Pea Patch Gardens

P

P

P

P

X

P

P

P

P

P

P

P

P

P

X

P

8.0

Storage and Parking

 

 

8.1

Commercial/Municipal Parking Lot

X

X

X

C

P

P

P

P

P

C

P

P

X

P

X

X

8.2

Enclosed Commercial Storage Facility

X

X

X

X

X

X

X

X

X

C

P

P

X

X

X

X

8.3

Outdoor Storage Lot

X

X

X

X

X

X

X

X

X

C

P

P

X

X

X

X

1 Second floor only within downtown retail overlay district per Chapter 17.37 SMC.

2 Outside floodplain only.

3 Must meet all applicable historic district standards, Chapter 17.35 SMC.

4 Subject to planned residential standards, SMC 17.15.050.

5 Allowed as ground floor uses only as part of a vertical mixed use building.

6 Must comply with design standards applicable to other residential uses in this zone.

7 Conditional for all parcels except those with a storefront block frontage. Permitted for parcels with a storefront block frontage.

(Ord. 1291 § 5 (Exh. A), 2024; Ord. 1203 § 9, 2018; Ord. 1198 § 22 (Exh. D), 2017; Ord. 1172 § 3, 2016; Ord. 1151 § 5, 2015; Ord. 1128 § 3, 2014; Ord. 1066 § 4, 2010; Ord. 980 § 7, 2005; Ord. 957 § 1, 2004; Ord. 744 § 2, 1995).

17.55.025 Prohibited uses.

Notwithstanding any other provision of this title, the following uses are hereby declared to be contrary to the public health, safety and welfare, and shall be prohibited in all districts of the city:

A. Regional petroleum transmission pipelines or other regional transmission pipelines carrying hazardous materials that if leaked could have adverse environmental impacts upon water supplies, wetlands, rivers or streams.

B. The production, processing, and retail sale of marijuana and marijuana-infused products, intended for medical and/or recreational use. The establishment, location, operation, licensing, maintenance, or continuation of any use of property in the city by a marijuana producer, processor, retailer, dispenser and/or collective garden, for medical and/or recreational use, is prohibited. (Ord. 1198 § 22 (Exh. D), 2017; Ord. 1171 § 5, 2016; Ord. 833 § 1, 1999).

17.55.030 Conditional uses.

The purpose of a conditional use is to establish review and permit approval procedures for unusual or unique types of land uses in certain zoning districts which, due to their nature, require special consideration of their impacts on the neighborhood and land uses in the vicinity. Those uses identified by a “C” in the Table of Uses or otherwise identified as a conditional use in this title require a conditional use permit.

A. Application for conditional use permits shall be made to the planning department on forms prescribed by that office. In order for the application to be considered complete, the following documents must be submitted:

1. Completed application form with environmental data;

2. Affidavit of ownership or interest in property;

3. Scaled site and building elevation plans;

4. Vicinity map;

5. Complete list of all property owners within 500 feet of the subject site;

6. Any other graphic materials required to adequately describe the proposal;

7. Filing fee.

Upon completion of environmental review of the proposed project, the planning department shall schedule a public hearing before the hearing examiner to consider the conditional use permit. Public notice and procedure for such hearing shall be in accordance with Chapter 17.85 SMC.

B. The hearing examiner shall be guided by the following criteria in granting a conditional use permit:

1. The proposed use will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and in the district in which the subject property is situated;

2. The proposed use shall meet or exceed applicable performance standards;

3. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building, and site design;

4. The proposed use shall be in keeping with the goals and policies of the comprehensive plan;

5. All measures should be taken to minimize the possible adverse impacts which the proposed use may have on the area in which it is located.

C. Whenever a conditional use permit has been granted, it shall be considered expired unless a building permit conforming to plans for which the CUP was granted is obtained within one year. Substantial construction shall be completed within two years from the date the CUP becomes effective unless a renewal is granted or unless the grant of the CUP specifically provides for a greater time period. The hearing examiner may authorize longer periods for conditional use permits if appropriate for the project. An approved application for conditional use permit may be renewed by the hearing examiner for one year. No more than one renewal may be issued for any CUP. The fee for a renewal shall be one-half of the original permit fee. No hearing is required for renewal of the conditional use permit.

D. The hearing examiner may revoke or modify a conditional use permit under certain circumstances. Such revocation or modification shall be made on any one or more of the following grounds:

1. That the approval was obtained by fraud;

2. That the use for which such approval was granted has at any time ceased for one year or more;

3. That the permit granted is being exercised contrary to the terms or conditions of such approval or in violation of any statute, resolution, code, law, or regulation; or

4. That the use for which the approval was granted was so exercised as to be detrimental to the public health or safety.

E. Individuals who are aggrieved may petition the hearing examiner to initiate revocation proceedings. Before a conditional use permit may be revoked, a public hearing shall be held. Procedures concerning notice, reporting and appeals shall be the same as required by this title for the initial consideration of a conditional use permit application.

F. A performance bond shall be required by the hearing examiner for any elements of the proposed project which are deemed crucial to the protection of the public welfare. Such bond shall be in an amount equal to 150 percent of the cost of the installation or construction of the applicable improvements.

G. A disapproved application for a conditional use permit may not be resubmitted for a period of six months from the date of disapproval. (Ord. 1198 § 22 (Exh. D), 2017; Ord. 1131 § 4, 2014; Ord. 769 § 26, 1996; Ord. 744 § 2, 1995).

17.55.040 Nonconforming structures, lots and uses.

It is the purpose of this section to establish limitations on the expansion and extension of nonconforming uses and structures which adversely affect the development and perpetuation of desirable residential, commercial, and industrial areas with appropriate groupings of compatible and related uses.

A. Nothing in the ordinance codified in this title shall require a change in any lawfully existing building, structure or use, or in the plan, design or designated use of a proposed building or structure for which a complete building permit application has been filed prior to the effective date of adoption of or amendment to the ordinance codified in this title.

B. An authorized use or structure may be constructed on a pre-existing legal lot, as defined, and contain less area than required by the zone district in which it is located; provided, the front, side, and rear yard requirements as well as other applicable dimensional standards of this title are met.

C. Where at the effective date of adoption or amendment of the ordinance codified in this title, lawful use of land exists that is made nonconforming under the terms of this title as enacted or amended, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

1. No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area than was occupied at the effective date of adoption or amendment of the ordinance codified in this title;

2. No nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of the ordinance codified in this title;

3. If any such nonconforming use ceases for any reason for a period of more than 24 months, any subsequent use shall conform to the regulations specified by this title for the district in which such use is located;

4. If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use; provided, that the hearing examiner by making findings in the specific case shall find that the proposed use is more appropriate to the zone than the existing nonconforming use. In permitting such change, the hearing examiner may require appropriate conditions and safeguards in accord with the provisions of this title;

5. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the zone in which such structure is located, and the nonconforming use may not thereafter be resumed.

D. Where a lawful structure exists at the effective date of adoption or amendment of the ordinance codified in this title that could not be built under the terms of this title by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure, it may be continued so long as it remains otherwise lawful subject to the following provisions:

1. No such structure may be enlarged or altered in a way which increases its degree of nonconformity. Alterations, additions, or enlargements may be allowed as long as the work done does not extend further into any required yard or violate any other portion of this title.

2. Should such structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at time of destruction, in the judgment of the city’s building official, it shall not be reconstructed except in conformity with provision of this title.

3. Should such structure be moved for any reason or any distance whatever, it shall thereafter conform to the regulations for the zone in which it is located after it is moved.

4. Residential structures and uses located in any single or multiple-family residential zoning district and in existence at the time of adoption of this code shall not be deemed nonconforming in terms of density provisions of this code. Such buildings may be rebuilt after a fire or other natural disaster to their original dimensions and bulk but may not be changed except as provided in SMC 17.05.090.

E. If any building is devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 50 percent of the current replacement value of the building.

F. Nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition of any nonconforming building or part thereof declared to be unsafe by order of any city official charged with protecting the public safety, nor prevent elevation of any structure in a flood prone area.

G. Adoption of the provisions in this title shall not be construed to require a change in any aspect of a structure or facility covered thereunder, including without limitation parking lot layout, loading space requirements, and curbcuts, for any structure or facility which existed on the adoption of this code. If a change of use takes place, or an addition is proposed, which requires an increase in the parking area by an increment less than 100 percent, the requirements of Chapter 17.65 SMC shall be complied with for the additional parking area. If a change of use takes place, or an addition is proposed, which requires an increase in the parking area by an increment greater than 100 percent, the requirements of Chapter 17.65 SMC shall be complied with for the entire parking area.

H. Adoption of the landscaping regulations contained in this title shall not be construed to require a change in the landscape improvements for any legal landscape area which existed on the date of adoption of this code, unless and until a change of use or alteration of the structure is proposed. At such time as an expansion is proposed for a use, structure, and associated premises which does not comply with the landscape requirements of this title, a landscape plan which substantially conforms to the requirements of this code shall be submitted to the hearing examiner for approval prior to issuance of a building permit. The hearing examiner may modify the strict standards imposed by this title when, in his judgment, the existing and proposed additional landscaping and screening materials together will adequately screen or buffer possible use incompatibilities, soften the barren appearance of parking or storage areas, and/or adequately lend natural charm to the premises appropriate to the use district and location of the site.

I. A legal use does not become nonconforming because the district in which it is located is changed to a district which requires a conditional use permit for the use, or because the use is changed from an allowed use to a conditional use within the same zone; provided, however, the use may not be expanded nor buildings be enlarged without first obtaining a conditional use permit pursuant to requirements of SMC 17.55.030. (Ord. 1198 § 22 (Exh. D), 2017; Ord. 769 § 27, 1996; Ord. 744 § 2, 1995).

17.55.050 Temporary uses.

A temporary use shall be defined as a use which is temporary in nature, including but not limited to construction offices and facilities related to building site during construction, seasonal sales and bazaars, public gatherings, and which use, if commercial in nature, generally is permitted to occur only within a zoning district in which the use would be allowed if permanent.

A. A temporary use permit shall be required for each occurrence of a permissible temporary use. Applications for temporary use permits shall be submitted to the director. The application shall contain the following:

1. Name and address of the applicant responsible for the operation of the temporary use;

2. A description of the location of the proposed temporary use and/or structures to be occupied or otherwise utilized;

3. A description of the activity for which the permit is being sought;

4. A statement regarding the hours of operation and the duration of the temporary use.

B. Subject to the requirements of this section, the following uses may be operated as temporary uses:

1. Noncommercial asphalt or concrete mixing plant necessary for construction in the immediate surrounding area. Each permit shall specify the relationship of the plant location to the construction activity. Each permit shall be valid for a period of six calendar months.

2. Bazaar, carnival or fair; provided, that each permit shall be valid for a period of not more than five days and that a period of at least 90 days shall intervene between the termination of one permit and the issuance of another at the same location.

3. Christmas tree sales. Prohibited only in residential districts. No permit shall be issued prior to the fifteenth day of November of each year and each permit shall be valid for a period of 45 days.

4. Produce stand. Permitted only in the BG, BO and BR districts. Each permit shall be valid for a period of 90 days and may be renewed for an additional 30-day period in one calendar year.

5. Public gathering for a single purpose event. Each permit shall be valid for a period of not more than five days and that a period of at least 90 days shall intervene between the termination of one permit and the issuance of another at the same location.

6. Temporary building or construction yard; provided, that the use is incidental and necessary for current construction in the immediate surrounding area. Each permit shall specify the location of the building/yard and its relationship to the construction activity. Each permit shall be valid for six months.

7. Temporary real estate sales office; provided, that use is incidental and necessary for the sale or rental of property in the immediate surrounding area. Each permit shall be valid for six calendar months.

8. Temporary construction office; provided, that use supports construction activity taking place within the immediate area. The office shall be operated by and for the direct use of the contractor, owner, or developer of the construction project and shall be located on the construction site or in the immediate area where the construction is taking place. Each permit shall show the construction area and the location of the temporary office in relation to the construction site or area. A mobile home may be utilized as a temporary construction office. The permit shall be valid for a period of 12 months. (Ord. 1198 § 22 (Exh. D), 2017; Ord. 744 § 2, 1995).

17.55.060 Accessory buildings, structures, and uses.

A. Accessory buildings, structures and uses include any buildings, structures or uses located or conducted upon the same lot (or on a contiguous lot in the same ownership) as the principal building, structure or use to which it is related, and which is:

1. Clearly incidental to, and customarily found to be associated with, such principal building and its permitted uses according to the applicable zoning district;

2. Operated and maintained for the benefit or convenience of the owners, occupants, employees, customers or visitors of the lot with the principal use.

B. Any use which complies with the following applicable zone conditions may be allowed as an accessory use to a principal use:

1. Meets the definitional requirements as stated in subsection A of this section.

2. Does not include structures or structural features inconsistent with the principal use.

3. Whether operated wholly or partly within the structures containing the principal use or in a separate detached structure, the gross floor area utilized by an accessory use or uses shall not exceed 50 percent of the gross floor area of the principal use.

4. Separate detached structures containing an accessory use or uses shall be, at the minimum, 10 feet from structures containing a principal use, and floor area shall not exceed 50 percent of the building area of the primary structure.

5. When the principal use is a boarding house, nursing home, hospital, elementary school or secondary school, a restaurant and/or cafeteria may be considered as permissible accessory uses. (Ord. 1198 § 22 (Exh. D), 2017; Ord. 744 § 2, 1995).

17.55.070 Accessory dwelling units (ADUs).

Accessory dwelling units (ADUs), when permitted as an allowable use, shall be subject to the following standards and criteria:

A. Up to two accessory dwelling units shall be permitted per lot in single-family residential zones.

B. An accessory dwelling unit may be constructed within either an existing or a new single-family residence (principal dwelling unit).

C. The accessory dwelling unit or units may be attached to, or detached from, the principal unit.

D. The accessory dwelling unit shall not be larger than 1,000 square feet of gross floor area.

E. If the parcel is within one-half mile of a major transit stop, or is less than 6,000 square feet in size, then off-street parking for the ADU is not required.

F. ADUs shall comply with the design requirements of this code as they pertain to the principal dwelling unit on a parcel, but no additional restrictions exceeding those required for the principal dwelling unit shall be required.

G. The design and size of the accessory dwelling unit shall conform to the building, plumbing, electrical, mechanical, fire, health and any other applicable codes. When there are practical difficulties involved in carrying out the provisions of this section, the building official may grant modifications for individual cases.

H. The living space of all accessory dwelling units established in the floodplain shall be elevated to one foot above the 100-year flood elevation. (Ord. 1279 § 4 (Exh. A), 2023; Ord. 1198 § 22 (Exh. D), 2017; Ord. 744 § 2, 1995).

17.55.080 Performance standards.

A. Purpose. The purpose of this section is to provide guidelines and standards relating to natural and manmade limitations on development. The following performance standards apply to all land uses within the city. Continuous compliance with the performance standards shall be required of all uses, except as otherwise provided for in these regulations. No building or land in any district shall be used for or occupied in any manner so as to create a dangerous, noxious, or otherwise objectionable condition.

B. Air Quality. Performance standards regarding air quality shall be as follows:

1. Odors. Odors from gases or other odorous matter shall not occur in quantities as to be unreasonably offensive beyond the exterior property lines of the lot or site.

2. Smoke. For all districts except the industrial district, smoke shall not be emitted from any source in a greater density of gray than that described as No. 1 on the Ringlemann Chart. Within the industrial district visible gray smoke of a shade not darker than that described as No. 2 on the Ringlemann Chart may be emitted for not more than four minutes in any 30 minutes. Provisions applicable to visible gray smoke shall also apply to visible smoke of a different color but with an equivalent apparent opacity.

3. Dust. Dust, dirt, fly ash or airborne solids from any sources shall not be in a density greater than that described as No. 1 on the Ringlemann Chart.

4. Gases. Toxic gases or matter shall not be emitted in quantities which may be damaging to health, animals, vegetation or property or which can cause any excessive soiling beyond the exterior of the property lines of the lot or site.

C. Vibration. In all districts except planned commercial/industrial and industrial, vibration from any machine, operation or process shall not be perceptible beyond the property lines of the lot or site. In the planned commercial/industrial and industrial districts, vibration from any machine, operation or process which exceeds three-thousandths of one inch displacement or three-tenths g peak acceleration, whichever is greater, as measured at any point outside the property lines of the lot or site shall be prohibited. The latter shall apply in the frequency range of zero to 5,000 cycles per second. Shock absorbers or similar mounting shall be allowed to permit compliance with this specification.

D. Heat. No use shall produce heat perceptible beyond its lot lines.

E. Glare. No use shall produce direct light or glare beyond its property lines.

F. Noise. Emission of noise and vibration shall not exceed those maximum permissible levels specified in SMC 8.16.050(H).

G. Liquid or Solid Waste. Discharge of any material which can contaminate any water supply, interfere with bacterial processes in sewage treatment or otherwise emit dangerous or offensive material into public or private sewer, water body, or into the ground, except in compliance with Washington State Department of Ecology standards shall not be permitted.

H. Storage and Waste Disposal.

1. All outdoor storage facilities for fuel, raw materials, and products which are stored outdoors shall be enclosed by an approved fence designed for safety.

2. Storage of highly flammable or explosive material shall be stored in bulk above ground.

3. All storage of hazardous material shall be completely enclosed in nonpermeable containers.

4. All materials or wastes which might cause fumes or dust, or constitute a fire hazard shall be stored in containers adequate to eliminate such hazards. (Ord. 1198 § 22 (Exh. D), 2017; Ord. 744 § 2, 1995).

17.55.090 Day care facilities.

The purpose of this section is to establish general requirements for all day care facilities and to establish specific requirements for family day care homes, and child day care centers, nursery schools and private kindergartens or prekindergarten.

A. Day care shall include the following:

1. Adult day care, such as adult day health centers or social day care as defined by the Washington State Department of Social and Health Services;

2. Nursery schools for children under minimum age for education in public schools;

3. Privately conducted kindergartens or prekindergartens when not a part of a public or private school;

4. Child day care centers;

5. Family day care homes;

6. Programs covering after-school care for school children.

B. Day care facilities shall be classified as follows:

1. Day care I – a maximum of 12 adults or children in any 24-hour period; and

2. Day care II – over 12 adults or children in any 24-hour period.

C. Day Care Facilities. All day care facilities within the city shall:

1. Comply with all building, fire, safety, health code and business licensing requirements;

2. Conform to lot size, building size, setbacks and lot coverage standards applicable to the zoning district, unless the structure is a legal nonconforming structure;

3. Be certified by the State Department of Licensing as providing a safe passenger loading area;

4. Include signage, if any, that conforms to applicable regulations; and

5. Limit hours of operation to facilitate neighborhood compatibility, while also providing appropriate opportunity for persons who use family day care and who work a nonstandard work shift.

D. Family Day Care Homes.

1. Prior to state licensing, family day care providers shall provide proof of written notification to the record owners of immediately adjoining properties.

2. Prior to issuance of a city business license, the provider shall provide proof of state licensing.

E. Child day care centers, nursery schools and private kindergarten and prekindergarten shall provide and maintain a minimum of 75 square feet of outdoor play area for each child cared for, with a total minimum play area of not less than 1,000 square feet. (Ord. 1198 § 22 (Exh. D), 2017; Ord. 1069 § 2, 2010; Ord. 744 § 2, 1995).

17.55.100 Home occupations.

The purpose of this section is to allow business activities of a type and scale which will have only minimal impacts on the primary residential character of the surrounding neighborhood to be conducted as home occupations. After obtaining a certificate of zoning compliance for compliance with the requirements of this section, residents of a dwelling unit may conduct one or more home occupations when permitted as an allowable use, subject to the following:

A. The total area devoted to all home occupation(s) shall not exceed 20 percent of the floor area of the dwelling unit. Areas with attached garages and storage buildings shall not be considered part of the dwelling unit for purposes of calculating allowable home occupation area but may be used for conduct of the home occupation.

B. All the activities of the home occupation(s) shall be conducted indoors, within the dwelling unit or garage, except for those related to growing or storing of plants used by the home occupation(s). No accessory building other than a garage shall be used for any purpose connected with the home occupation, including storage, except a shed otherwise allowable as an accessory building may be used for storage in connection with a home occupation related to growing or storing of plants.

C. No more than one nonresident shall be employed on the premises by the home occupation(s).

D. Sales shall be limited to:

1. Mail order sales; and

2. Telephone sales with off-site delivery; and

3. On-site sales of products solely incidental to the principal activity of providing service to patrons.

E. Services to patrons shall be arranged by appointment or provided off site.

F. The home occupation may use or store one vehicle not exceeding a weight capacity of one ton, the principal use of which is pickup of materials used by the home occupation(s) or the distribution of products from the site.

G. The home occupation(s) shall meet the following criteria, as determined in the sound discretion of the director:

1. No equipment shall be used which results in a change to the fire rating of the structure(s) used for the home occupation(s); visual or audible interference in radio or television receivers, or electronic equipment located off-premises; or fluctuations in line voltage off-premises.

2. Light, noise, vibration, odor and glare impacts shall not be greater than those associated with activities which may be conducted under the residential use.

3. No hazardous materials shall be used or stored in connection with the home occupation except such materials in such quantities as may be lawfully used or stored in connection with the residential use.

H. Permitted signage shall be limited to one facade or freestanding sign not exceeding two square feet.

I. All exterior aspects of the home occupation shall not disrupt the residential character of the area.

J. Without limitation of the applicability of the criteria enumerated in subsection G of this section, the following activities shall be prohibited as home occupations:

1. Automobile, truck and heavy equipment repair;

2. Autobody work or painting;

3. Parking and storage of heavy equipment; and

4. Storage of building materials for use on other properties. (Ord. 1198 § 22 (Exh. D), 2017; Ord. 744 § 2, 1995).

17.55.110 Elementary and secondary schools.

Public and private elementary and secondary schools shall be subject to the following standards:

A. The maximum lot coverage shall be 30 percent.

B. The maximum height shall be 35 feet, provided a maximum height of 60 feet may be authorized for any school building located in the floodway as defined in Chapter 15.12 SMC when floodway regulations restrict the construction of new buildings on the site, and the school district in an approved capital facilities plan projects that student population will exceed the capacity of the existing school buildings. When such increased maximum height is allowed by the conditional use permit for vertical expansion of new, replacement or existing school buildings, due consideration shall be given to mitigating view impacts to nearby residences, but such view impacts shall not be a basis for denial of the conditional use permit.

C. School sites shall have frontage or direct access to a collector or arterial road.

D. No building shall be located closer than 50 feet from any property boundary for schools containing 50 or more students.

E. No building shall be located closer than 25 feet from any property boundary for schools serving less than 50 students. (Ord. 1198 § 22 (Exh. D), 2017; Ord. 1114 § 1, 2013; Ord. 744 § 2, 1995).

17.55.120 Natural resource extraction.

(Reserved). (Ord. 1198 § 22 (Exh. D), 2017; Ord. 744 § 2, 1995).

17.55.130 Fences.

A. Fence Height. Except as provided below, fences in residential zones shall be no taller than six feet, and fences in commercial zones shall be no taller than eight feet. Fence height shall be measured from whichever side of the finished grade is higher.

B. Fences Near Intersections.

1. Fences located between buildings and public streets, and within 30 feet of an intersection, shall be no taller than three feet, except that for properties that front onto more than two public streets fences shall instead conform to the provisions of subsection (B)(2) of this section. The distance shall be measured from where the edge of the vehicle travel lanes of two or more streets intersect, as defined by (in order of preference): the curb, the fog (white) line, or the edge of pavement.

2. Fences located between buildings and alleys, and within 5 feet of the alley intersection with the street, shall be either:

a. No taller than three feet; or

b. Constructed of materials such that at least 60 percent of the face of the fence is open/see-through, and no taller than six feet.

C. Fences taller than specified in subsections A and B of this section may be allowed in two cases:

1. Where specifically required by other sections of the Snoqualmie Municipal Code or other governing regulations; or

2. By the community development director upon request. In deciding whether a taller fence should be allowed, the director shall consider the criteria for a conditional use permit in SMC 17.55.030. (Ord. 1249 § 2, 2021; Ord. 1234 § 9, 2020).