Chapter 15.20 ZONING ORDINANCE

A. The general purpose of the zoning code is to promote the health, safety, and general welfare of the citizens of South Bend by coordinating both public and private development of land consistent with the implementation of the comprehensive plan and the protection of private property rights.

B. The zoning code is enacted under the authority granted to the city of South Bend by the Constitution of the State of Washington, the Optional Municipal Code (Title 35A RCW), the Growth Management Act (Chapter 36.70A RCW), Local Project Review (Chapter 36.70B RCW), and other sections of the Revised Code of Washington. (Ord. 1532 § 4, 2018).

15.20.030 Scope.

A. No use shall be conducted, and no building, structure, and appurtenance shall be erected, relocated, remodeled, reconstructed, demolished or enlarged, unless in compliance with the provisions of the zoning code, and then only after securing all permits and approvals required hereby. It shall be unlawful to build or use any building or structure or to use premises in the city for any purpose or use other than the uses listed as being permitted in the zoning district that such building, land, or premises is located.

B. Creation of or changes to lot lines shall conform to the use provisions, dimensional, and other standards, and other applicable provision of the zoning code.

C. Any building, structure, or use lawfully existing at the time of passage of this code, although not in compliance herewith, may continue as provided in this title. (Ord. 1532 § 4, 2018).

15.20.040 Establishment of zoning districts.

A. The city is divided into land use zoning districts to:

1. Provide for the geographic distribution of land uses that reflect the goals and policies of the comprehensive plan;

2. Maintain a stability in land use within the city that share similar characteristics and level of activities; and

3. Provide an efficient and compatible relationship between land uses.

B. The zoning districts established in this code include the:

1. Neighborhood district (N);

2. Downtown and commercial district (DC); and

3. Environmental protection district (EP).

C. Purpose of Zoning Districts.

1. The purpose of the neighborhood district is to continue the existing pattern of single-family dwellings, open space, and community amenities, such as parks, schools, and places of religious worship. The district also allows for a variety of housing types, home occupations, and other uses meeting specific standards or at appropriate locations upon review.

2. The purpose of the downtown and commercial district is to accommodate a blend of commercial, manufacturing, residential, and public uses that contribute to the economic vitality of the city. The district extends to the city’s working waterfront, downtown, and isolated commercial properties.

3. The environmental protection district consists of lands that have extensive critical areas constraints to development that include frequently flooded areas, wetlands, and fish and wildlife habitat conservation areas. The intent of the district is to limit development to low impact uses and activities to protect their functions and values. (Ord. 1532 § 4, 2018).

15.20.050 Official zoning map.

A. The zoning map adopted by the ordinance codified in this section shall show the location and boundaries of the zoning districts defined by this code.

B. The official zoning map shall bear the signature of the mayor and shall be attested and notarized by the city clerk-treasurer. The office of the city clerk-treasurer shall retain the original copy of the official zoning map.

C. The boundaries between zoning districts of the official zoning map shall be interpreted specifically as shown on the maps and associated ordinances. Should uncertainty remain regarding the location or meaning of a boundary, the location or meaning shall be determined utilizing the following rules:

1. Where zoning district boundaries are indicated as approximately following the centerline of streets, alleys, highways, waterways, or railroad tracks, the actual centerline shall be construed to be the boundary.

2. Where zoning district boundaries are indicated on such map as approximately following the lot or tract lines, the actual lot or tract lines shall be construed to be the boundary of such use district.

3. Where a zoning district boundary on the official zoning map divides a tract in unsubdivided property, the location of the zoning district boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the official zoning map.

4. Where a public street or alley is officially vacated, the regulations applying to the abutting property to which the vacated portion reverts shall apply to such vacated street or alley.

5. In case uncertainty exists which cannot be determined by application of the foregoing rules, the board of adjustment shall determine the location of such zoning district boundaries pursuant to the provisions for code interpretations. (Ord. 1532 § 4, 2018).

15.20.060 Annexed property.

All lands annexed to the city shall automatically and immediately upon annexation be classified consistent with the comprehensive plan designation for the applicable site(s). If the comprehensive plan does not assign a zoning district designation for a proposed annexation, the city council shall classify the land to the zoning district that best suits the site based on the purpose of the zoning district and the context of the site. Annexations shall be governed by the requirements of Chapter 35A.14 RCW. (Ord. 1532 § 4, 2018).

15.20.070 Establishment of uses.

A. This chapter identifies those uses generally allowed in each zoning district that are compatible with the purpose of the district and other uses allowed in the district.

B. The use of property is defined by the activity for which the building or lot is intended, designed, arranged, occupied, or maintained.

C. The use is considered permanently established when that use will be or has been legally established in continuous operation for a period exceeding 60 days. A use that will operate for less than 90 days is considered a temporary use and is subject to the requirements of a temporary use permit. (Ord. 1532 § 4, 2018).

15.20.080 Interpretation of land use table.

A. The land use table in SBMC 15.20.090 determines whether a use is allowed in a zoning district. The zoning district is located on the vertical column and the use is located on the horizontal row of the table.

B. If no symbol appears in the box at the intersection of the column and the row, the use is not allowed in that zoning district, except as a temporary use.

C. If the letter “P” appears in the box at the intersection of the column and the row, the use is allowed in that zoning district subject to the Type 1 or 2 review procedures set forth in Chapter 15.08 SBMC in addition to other applicable requirements in this chapter.

D. If the letter “C” appears in the box at the intersection of the column and the row, the use is allowed subject to the conditional use review procedures specified in Chapter 15.08 SBMC and the general requirements of the code.

E. If the letter “A” appears in the box at the intersection of the column and the row, the use is allowed as an accessory use to the primary permitted use on the property and is allowed in the district.

F. If the letter “T” appears in the box at the intersection of the column and the row, the use is allowed as temporary use and is allowed in the district subject to the Type 2 review procedures set forth in Chapter 15.08 SBMC plus other applicable requirements in this title. (Ord. 1532 § 4, 2018).

15.20.090 Land use table.

Land Use	Zoning Districts
Land Use	Neighborhood District	Downtown and Commercial District	Environmental Protection District
Accessory building	P	P	P
Accessory dwelling unit	A	A	A
Adult family home	P		P
Agricultural stand		P	P
Agriculture	P		P
Automobile heavy maintenance and repair shop		C
Automobile service station		P
Bar, tavern, or cocktail lounge		P
Bed and breakfast inn	C	P
Caretaker’s residence		P	C
Cemetery	C
Cluster development	P	P
Commercial recreation areas and facilities	C	P	C
Condominium	C	C
Contractor yard		C
Day care center	C	P
Dwelling, duplex	P		P
Dwelling, multiple-family	C	C1
Dwelling, single-family	P	P	P
Family day care provider	P	P
Food and beverage establishments		P
Forestry	P		P
Hazardous waste generation, storage, treatment		C
Home occupations	A	A	A
Hospital or medical clinic	C	P
Hotel or motel		P
Kennel	C	C	C
Manufactured home, designated	P	P	P
Manufactured home park	C
Manufacturing, heavy		C
Manufacturing, light		C
Marijuana processor		C
Marijuana producer		C	C
Marijuana retailer		P
Medical office	C	P
Mini-warehouse	C	P
Nursery or commercial greenhouse	C	C	C
Nursing home	C	C
Parking for recreational vehicle and boat storage	C	C
Parking lot as a primary use		P
Personal services	C	P
Places of religious worship	C	P
Private clubs and fraternal organizations	C	P
Professional offices	C	P
Public uses	C	P	C
Public utilities	P	P	C
Recreation, indoor		P
Recreation, outdoor	C	P	C
Recreational vehicle park		P	C
Residential care facilities	C	C
Residential treatment facilities	C	C
Retail sales		P
Schools	C	C
Senior citizen assisted housing	C	C
Temporary uses	T	T	T
Townhouse	C	C
Warehouse/distribution		C
Wholesale sales		P
Wireless communication facility	C	C	C

1 Multiple-family dwellings may locate in existing structures only; new structures are prohibited.

(Ord. 1532 § 4, 2018).

15.20.100 Purpose of density and dimensional requirements.

The purpose for establishing density and dimensional requirements for lots, structures, and other uses is to:

A. Promote forms of development that reinforce and/or enhance the desired characteristics of the zoning district;

B. Promote compatibility between uses and public safety;

C. Minimize environmental impacts of development. (Ord. 1532 § 4, 2018).

15.20.110 Interpretation of table.

A. SBMC 15.20.120 contains the maximum density and minimum dimensional requirements by zoning district.

B. The table is arranged as a matrix format showing the required standard by zoning district. Development standards are listed down the left side of the table and the zoning district is delineated across the top. The matrix cells contain the maximum density or minimum dimensional requirements for each zoning district. An “NA” means the use is not allowed in that zoning district. A blank box indicates that there are no specific requirements or the provisions of the Uniform Building Code apply. The presence of a letter accompanying a number means there are special development limitations or conditions. The development limitation with the corresponding letter immediately follows the table. (Ord. 1532 § 4, 2018).

15.20.120 Table of density and dimensional requirements.

Requirement	Zoning Districts
Requirement	Neighborhood District	Downtown and Commercial District	Environmental Protection District
Maximum density (dwelling units per gross acre)
• Single-family and designated manufactured homes	5	5	5
• Duplex	7.5
• Multiple-family and townhouses	18
• Condominiums	18	10
Minimum lot area (square feet)
• Single-family and designated manufactured homes	8,700	8,700	10,000
• Duplex	11,600
• Multiple-family and townhouses	20,000
• Condominiums	20,000	20,000
Minimum lot width at building line (linear feet)1	50	25	50
Yard requirements (linear feet)
• Front yard2	20	203	20
• Side yard located along an interior lot	5	153	5
• Side yard located adjacent to right-of-way	10	153	10
• Rear yard	10	103, 4	104
Maximum building height (linear feet)	35	35	35
Maximum lot coverage
• Single-family and manufactured homes	40%	65%	40%
• Multiple-family and townhouses	65%
• Condominiums	65%	65%

1 Lots existing before June 1, 1980, may be 40 feet in width at building line.

2 The city supervisor may approve a front yard reduction for new structures located in an area where existing construction exhibits nonconforming yard standards. The city supervisor shall calculate the average front yard setback using the front yard setbacks of the two principal residential structures built closest to, and on the same side of, the block, as the subject property requesting the reduction; provided, however, that in no case should the new construction be placed closer than 10 feet from the street or road right-of-way line.

3 Applies to single-family residences, designated manufactured homes only, and condominium only located west of Reed Street to city limits and north of US 101. All other structures shall meet the requirements of Chapter 15.84 SBMC, Buildings and Construction.

4 Rear yard distances may increase due to critical area or shoreline buffer requirements.

(Ord. 1532 § 4, 2018).

15.20.130 Density calculation.

All site areas may be used in calculating the maximum allowed residential density except submerged lands. (Ord. 1532 § 4, 2018).

15.20.140 General provisions.

The development standards in this title are specific requirements that apply to land uses in one or more zoning districts. All land uses with the scope of this title shall comply with these development standards to ensure their conformity with the intent of the city of South Bend comprehensive plan. (Ord. 1532 § 4, 2018).

15.20.150 Accessory dwelling units.

Any single-family dwelling or manufactured home may have one accessory dwelling unit in the primary dwelling unit. A primary dwelling unit with an accessory dwelling unit shall meet the following requirements:

A. The accessory unit shall be no larger than 25 percent or up to 500 square feet, whichever is the greater, of the total square footage of the primary dwelling unit;

B. The presence of the accessory must be clearly identified at its entrance with proper street numbering;

C. The owner of the primary dwelling unit shall live in either the primary or accessory dwelling unit; and

D. One additional parking space is required. (Ord. 1532 § 4, 2018).

15.20.160 Accessory structures.

Accessory structures in the neighborhood and environmental protection districts shall meet the following provisions:

A. Accessory structures may not locate within the front yard, the required side yard abutting a street, or the clear vision triangle;

B. Accessory structures shall maintain a distance of at least five feet from a property line;

C. The height of accessory structures shall be no greater than 16 feet; and

D. The maximum floor area of all accessory buildings on a lot shall not exceed 400 square feet or 50 percent of the dwelling, whichever is the greater. (Ord. 1532 § 4, 2018).

15.20.170 Architectural features.

A. Chimneys, cornices, canopies, balconies, eaves, and similar architectural features may project no more than two feet into any required yard setback.

B. Fire escapes and outside stairways, which are not roofed or otherwise enclosed, may project not more than six feet into any required front yard, not more than three feet into any required side yard, and not more than 10 feet into any required rear yard. (Ord. 1532 § 4, 2018).

15.20.180 Bed and breakfast inns and short-term rentals (STR).

A. Bed and breakfast inns permitted in accordance with SBMC 15.20.090 shall be consistent with the following provisions:

1. The owner of the bed and breakfast inn must reside in and continue to reside in the dwelling as his or her principal residence;

2. The exterior of the structure in the neighborhood district shall be established, maintained, and operated so to preserve the residential character and integrity of the surrounding area;

3. Meals available on premises shall be for guests and employees of the inn. Rooms may not be equipped with cooking facilities; and

4. Parking for guests shall not be allowed in the front yard.

B. Short-term rentals are permitted as specified for each of the different land use districts, subject to the following regulations:

1. License Requirement. In addition to the underlying land use district permitting and process requirements, an owner shall obtain a revocable annual business license from the city whenever a dwelling unit is to be used for vacation rental purposes and shall comply with the following:

a. A business license shall be obtained from the city prior to using the dwelling unit as a short-term vacation rental;

b. The business license shall be renewed annually;

c. The business license is nontransferable. If the property is sold, the new owner will need to reapply for the business license;

d. At the time of initial business license application, the owner of record shall demonstrate that the vacation rental is registered as a business with the state of Washington and that a state business license and Unified Business Identifier (UBI) number have been issued for the vacation rental. The owner shall also certify that all applicable lodging taxes will be paid and shall provide proof of general liability insurance for use of the residential structure as a vacation rental;

e. Satisfactory completion of a life/safety inspection performed by the city’s building inspector prior to the issuance of the initial license and/or permit;

f. The city business license shall be prominently and permanently displayed inside the unit near the front entrance of the vacation rental and shall list the following:

i. The name, address and phone numbers of the property owner or the designated local contact;

ii. The maximum occupancy of the vacation rental;

iii. Identification and location of parking spaces available;

iv. A statement regarding how the parking standards are to be met;

v. A statement that occupants are to respect adjoining property owners by adhering to quiet hours from 10:00 p.m. to 8:00 a.m. and refrain from trespassing, littering or parking on adjoining properties;

vi. A statement regarding how garbage removal is to be conducted;

vii. A statement identifying emergency procedures the occupants are to follow in case of an emergency;

viii. A statement that occupants, owners and managers of this vacation rental are subject to civil penalties for violating this chapter; and

ix. A statement that the license to operate this vacation rental may be revoked for violations of these rules;

g. If the terms of the business license are not met, the license may be revoked and the property owner may be subject to penalties per SBMC 16.95.010.

2. Occupancy Limits. No more than two overnight occupants per bedroom, plus two additional overnight occupants, shall be accommodated at any one time, e.g., a one-bedroom cabin would be allowed four overnight occupants while a two-bedroom cabin would be allowed six total overnight occupants. The total number of occupants temporarily residing in a vacation rental shall not exceed 10 at any one time and includes all occupants over the age of two.

3. Appearance. The exterior of the building(s) shall retain a residential appearance with house numbers maintained on the front of the building and visible from the street or road. No junk or garbage shall be allowed to accumulate in any yards and all vehicles shall park in designated parking areas.

4. The vacation rental shall be operated in a way that will prevent disturbances to neighboring properties not typical of a residential neighborhood, including, but not limited to, loud music, loud noises, excessive traffic, loud and uncontrolled parties, junk/debris/garbage accumulation in the yards, trespassing, barking dogs, or excess vehicles, boats or recreational vehicles parked in the streets in front of the unit.

5. Garbage. Provisions shall be made for garbage removal during rental periods and said provisions shall be documented in the property management plan. Any complaints regarding littering or garbage shall be resolved immediately.

6. Pets. Pets shall be secured at all times while on the property. Nuisance barking by pets is prohibited.

7. Phone Service. The vacation rental shall have a “land line” with local phone service. The phone number servicing the vacation rental shall be included in the property management plan.

8. Parking. The vacation rental shall have one off-street parking space per each bedroom unit with a minimum of two off-street parking spaces required.

9. Signage. One sign either attached to the dwelling or placed in front of the dwelling and containing no more than four square feet is permitted. No off-premises signage or advertising is permitted.

10. On properties containing both a residential dwelling and an accessory residential dwelling, only one residential structure may be rented out as a vacation rental, but not both.

11. Access. The road access to the vacation rental shall be constructed to meet minimum city standards and shall be adequately maintained and remain clear of obstructions, including illegally parked cars, recreational vehicles, boats, trailers, junk, etc., to ensure the unimpeded passage of emergency vehicles and other vehicular traffic.

12. Property Management. A property management plan demonstrating how the vacation rental will be managed and how impacts to neighboring properties will be minimized shall be submitted for review and approval as part of the licensing process. The property management plan shall include local points of contact available to respond immediately to complaints, clean up garbage, manage unruly tenants, etc., shall be mailed to all adjoining property owners within 300 feet as a condition of license approval, and shall be posted in a visible location within the vacation rental.

13. The vacation rental shall meet all applicable state and local health, safety and building codes.

14. Complaints. All complaints shall proceed as follows:

a. The complaining party shall first attempt to communicate with the local contact person designated on the business license and property management plan, describe the problem and leave a contact phone number for call back information;

b. The contact person shall respond promptly to the complaint, regardless of time of day, and make reasonable efforts to remedy any situation that is out of compliance with this section; and

c. If the response is not satisfactory to the complaining party, then the complaining party may next provide a written complaint to the city, which complaint shall identify and be signed by the complaining party. The complaint shall include a description of the informal attempts to resolve the complaint. A copy of the written complaint shall be provided to the owner and contact person by the city. The city shall attempt to resolve the complaint. If so required, the owner or local contact person shall provide a written response to the complaint with the anticipated corrective action within 10 days. A copy of the complaint will be filed with the business license file.

15. Compliance and Revocation. Owners of vacation rentals shall obey all applicable laws and ordinances of the city and shall be subject to license revocation procedures and appeals processes outlined in this section and in SBMC 3.13.230, or any amendments thereto.

If there have been three or more violations of this chapter related to the same vacation rental within one calendar year, or if there have been three or more violations of other city ordinances related to the same vacation rental within one calendar year, the city clerk or designee shall revoke the business license and the property owner shall be prohibited from obtaining a new business license for at least one year from the revocation.

The property owner may appeal the revocation of the business license pursuant to the appeals procedures outlined in Chapter 3.13 SBMC or any amendment thereto.

The city may impose other conditions, such as additional parking, improved access, fencing, landscaping, or minimum screening, to ensure the proposed use is compatible with the surrounding residential character. (Ord. 1532 § 4, 2018).

15.20.190 Clear vision triangle.

Sight-obscuring fences, walls, and vegetation in the neighborhood and environmental protection districts shall not exceed three feet high in the clear vision triangle. Tree trunks, posts, or columns shall not be larger than 18 inches in width when measured three feet or more above the established street grade. Tree branches shall be removed up to eight feet above the established grade of either street. (Ord. 1532 § 4, 2018).

15.20.200 Fences, walls and hedges.

Fences, walls, and hedges in the neighborhood district shall meet the following provisions:

A. Sight-obscuring fences, walls, or hedges within a required front yard, or side yard, adjacent to a street, shall not exceed three feet in height. Open rail fences and non-sight-obscuring fences, where solid members do not constitute more than one-third of the total surface area of such fence, located within a required front yard or side yard adjacent to a street, shall not exceed four feet in height.

B. Fences, walls, and hedges located within a required interior side yard or required rear yard shall not exceed six feet in height. Fences, walls, and hedges located within the buildable portion of a lot shall not exceed six feet in height in residential districts. In commercial and industrial districts, fences and walls shall not exceed eight feet and shall not obstruct visibility at points of ingress and egress.

C. There shall be no limitations on height for safety or security fences necessary for public playgrounds, public utilities, and other public institutions. (Ord. 1532 § 4, 2018).

15.20.210 Height exceptions.

A. Chimneys, mechanical appurtenances, gables, scenery lofts, cupolas, and similar structures may be erected on a building to a height greater than 35 feet if no such exception shall cover more than 15 percent of the area of the building.

B. Towers, water tanks, cell towers, civil defense sirens, flagpoles, monuments, radio or TV antennas, government or public utility structures, and similar freestanding structures may exceed a height greater than 35 feet provided they do not cover more than 15 percent of the site. (Ord. 1532 § 4, 2018).

15.20.220 Home occupations.

Home occupations in the neighborhood and environmental protection districts shall obtain a home occupation permit and meet the following provisions:

A. The home occupation is an incidental and accessory use totally enclosed within a dwelling or accessory structure;

B. The area dedicated to the home occupation on a lot occupies equals no more than 25 percent of the total square footage of all structures on the property;

C. The home occupation does not create traffic to and from the business that is disruptive to the residential area where it is located;

D. There is one off-street parking space in addition to the required parking for the dwelling;

E. No one other than a resident works in the dwelling unit or accessory structure(s);

F. The home occupation does not use equipment that creates sound heard beyond the lot;

G. There is no storage of materials or goods used in the home occupation visible from beyond the property;

H. There is only one unlighted sign advertising the business on the lot that is no greater than six square feet in surface area and attached to the structure;

I. The home occupation does not include automobile and heavy equipment repair services; and

J. The home occupation has a city of South Bend business license. (Ord. 1532 § 4, 2018).

15.20.230 Manufactured homes – Designated.

A. A designated manufactured home may locate as a permitted use within any district allowing single-family dwelling units if it is:

1. New and previously unoccupied;

2. Comprised of at least two fully enclosed parallel sections of not less than 12 feet wide by 36 feet long;

3. Constructed with a composition or shake shingle, or coated metal roof having a minimum 3:12 roof pitch;

4. Set on a permanent concrete or masonry block foundation.

B. Manufactured homes not meeting subsection (A) of this section shall locate in a manufactured home park.

C. Manufactured homes not in a manufactured home park may not construct a separate roof structure with an air space above the existing roof that is visible from the outside of the home.

D. Remodeling or repair of manufactured homes shall meet Washington State Department of Labor and Industries codes and standards. (Ord. 1532 § 4, 2018).

15.20.240 Manufactured home parks.

New or expanded manufactured home parks shall meet the following development standards when approved through a binding site plan:

A. The minimum area required for a manufactured home park is two acres.

B. The density of the manufactured home park shall not exceed 14 units per acre.

C. Individual home sites for each manufactured home shall be not be less than 2,400 square feet.

D. The minimum yard requirements are:

1. Minimum front yard shall be five feet from internal private roads; otherwise, the minimum front yard shall be consistent with SBMC 15.20.120;

2. Minimum separation between manufactured homes shall be 10 feet; and

3. Minimum yard requirements adjacent to property lines shall be consistent with SBMC 15.20.120.

E. The manufactured home park shall include common open space that is no less than 10 percent of its total area.

F. Every manufactured home shall have a permanent connection to electric power, water supply, and sewage disposal in a manner consistent with applicable city codes.

G. All manufactured homes supported by piers shall have skirting.

H. Recreational vehicles used as primary residence are permitted within manufactured home parks per RCW 35A.21.312, provided they meet subsection (F) of this section.

I. A manufactured home park may include a storage area for recreational vehicles and boats owned by residents if the storage area contains no utility hookups and that recreational vehicles remain unoccupied as living quarters. (Ord. 1532 § 4, 2018).

15.20.250 Multiple-family dwellings.

A. Existing structures in the downtown and commercial district may convert to multifamily units under a conditional use permit.

B. New multiple-family dwelling projects shall be sited on parcels adjacent to a designated arterial or major collector in the neighborhood district. Access to and from a multiple-family project shall be restricted to a designated arterial or major collector.

C. Existing multiple-family dwelling units may expand if city streets providing access to the project are adequate to accommodate an increase in traffic.

D. Multiple-family dwellings shall provide open space at least equal to 10 percent of the building living space, not counting automobile storage. The required open space may be provided by one or more of the following ways:

1. Usable private open space that is directly adjacent and accessible to the dwelling unit;

2. Common open space; and/or

3. Balconies, decks, and/or front porches.

E. A six-foot sight-obscuring fence shall be provided and maintained along the outside perimeter of a side and/or rear yard when adjacent to a single-family dwelling.

F. When there are two or more multiple-family dwelling structures sited on the same parcel, the required front, side, and rear setback requirements shall apply to each structure. (Ord. 1532 § 4, 2018).

15.20.260 Noise, light and glare restrictions.

A. The intensity of sounds emitted by any use to adjacent properties shall not exceed the levels stated in Chapters 173-60 and 173-62 WAC.

B. All exterior lighting fixtures in parking areas and driveways shall utilize cutoff shields or other appropriate measures to conceal the light source from adjoining uses and rights-of-way. Other lights shall be designed to avoid spillover glare beyond the site boundaries.

C. No use on a parcel shall generate vibrations or concussions that other parcels can detect without the aid of instruments except during periods of construction. (Ord. 1532 § 4, 2018).

15.20.270 Off-street parking and loading.

A. The off-street parking standards of this section, except as noted in subsection (B) of this section, shall apply to:

1. New uses; and

2. The expanded portion of existing uses.

B. Uses on parcels adjacent to Robert Bush Drive/US 101 between Central Avenue and Ferry Street are exempt from the off-street parking standards of this section; provided, that commercial uses under subsection (C) of this section with greater than 2,000 square feet of area open to the public shall provide designated accessible parking, computed to the nearest whole number, based on the following standard:

1. Retail sales and services and other uses not listed: minimum of one space per 6,000 square feet open to the public.

2. Offices and personal services: one space per 7,500 square feet open to the public.

3. Eating and drinking establishments: one space per 2,000 square feet open to the public.

C. The minimum required parking spaces for uses, computed to the nearest whole number, for each land use category are as follows:

Residential Uses	Spaces Required
Single-family, duplex, and multiple-family dwellings	2 per dwelling unit
Accessory dwellings and studio apartments	1 per dwelling unit
Group living facilities	1 per 100 sq. ft. of sleeping area

Commercial Uses	Spaces Required
Retail sales and service	1 per 250 sq. ft.
Offices and personal services	1 per 300 sq. ft.
Other commercial uses not listed	1 per 250 sq. ft.
Eating and drinking establishments	1 per 75 sq. ft. of customer service and dining area
Hotels, motels, and bed and breakfast inns	1 per guest room

Other Uses	Spaces Required
Indoor storage, equipment service, and manufacturing	1 per 2,500 sq. ft.
Places of public assembly and religious worship	0.15 per person at maximum occupancy
Outdoor sales, service or display area	1 per 750 sq. ft.
Elementary and junior high school	1 per employee + 10
High school	1 per employee + 1 for every 5 students
Public and private utility stations	None

D. The city supervisor may determine an appropriate parking standard for any new development not listed in subsection (C) of this section. The standard must reflect the scale and location of the development. (Ord. 1558 § 1, 2021; Ord. 1532 § 4, 2018).

15.20.280 Recreational vehicle parks.

A. Each recreational vehicle parking pad shall be a minimum of 20 feet wide by 40 feet long with a minimum five-foot-wide setback on each side.

B. Each recreational vehicle parking pad shall be constructed to support the weight of the recreational vehicle and associated vehicles.

C. Recreational vehicle parks may provide areas for individual and group tent sites.

D. Entrances and exits to all recreational vehicle parks shall be designed for safe and convenient movement of traffic into and out of the park. Entrances and exits are to be clearly marked with signage.

E. All internal park roads shall be privately owned and maintained. They shall be constructed to all weather standards as approved by the city. Park roads shall have a minimum improved width as follows:

1. One-way road: 12 feet.

2. Two-way road: 24 feet.

3. There shall be a continuous path of travel throughout recreational vehicle parks. No roadway shall dead end.

4. To maintain unobstructed vehicle travel through the interior of the park, no parking along the roadways shall be allowed.

F. All recreational vehicle parks shall provide for adequate stormwater retention and drainage.

G. Recreational vehicle parks shall provide sight-obscuring fencing or landscaping along perimeter setbacks adjacent to developed parcels. Living perimeter landscaping shall be of such species and size as would normally fulfill a screening function within five years of being planted.

H. A minimum of 50 percent of all recreational vehicle rental spaces shall be equipped with a hookup to public sewer, water, and electricity.

I. Recreational vehicle parks shall provide the following facilities for park patrons:

1. For parks with 10 recreational vehicle pads and/or tent sites or less, there will be a minimum of one ADA-compliant, unisex restroom facility, available 24 hours per day and located on the same property as the recreational vehicle park. Portable toilet facilities will not be permitted in any case.

2. For parks with 11 to 50 recreational vehicle pads and/or tent sites, there will be separate men’s and women’s restroom facilities available for use of park patrons as follows: a minimum of one standard toilet stall and one ADA accessible stall, with hand washing sinks available, as appropriate. For additional increments of 50 RV parking pads, or portions thereof, restroom facilities are to be provided as noted above.

3. Showers and coin-operated laundry facilities are permitted.

J. Recreational vehicles staying longer than three days shall be at pads equipped with a hookup to public sewer, water, and electricity. (Ord. 1532 § 4, 2018).

15.20.290 Temporary uses.

A. The following uses shall require a temporary use permit:

1. Yard sales in the neighborhood district that exceed more than three consecutive days within any given calendar month on the same property are subject to the following conditions:

a. No more than four off-premises signs, not exceeding two square feet each, shall be located on the public right-of-way;

b. Signs shall be removed by 6:00 p.m. of the last day of the yard sale;

c. Hours of operation shall be limited from 8:00 a.m. to 7:00 p.m.; and

d. Temporary use permits for yard sales shall not exceed 10 days and may not be issued more than twice for the same property within a calendar year.

B. Outdoor sales as a commercial use on a lot in the downtown and commercial district are subject to the following conditions with an approved site plan:

1. The use has an approved license issued by the city under SBMC 3.10.020;

2. The temporary use permit shall not exceed 45 days within a calendar year;

3. Merchandise shall not be placed on or interfered with the public right-of-way; and

4. The sales area is limited to 250 square feet. (Ord. 1532 § 4, 2018).

15.20.300 Townhouse design standards.

A. The purpose of this section is to ensure townhouse developments blend with the character of the surrounding neighborhoods when approved through a binding site plan.

B. Townhouse developments shall include the following design requirements:

1. Townhouses fronting on a street must all have individual ground-related entries.

2. No more than two abutting townhouses within a development shall have a common front building setback. Variations in setbacks shall be at least four feet.

3. No townhouse shall be located closer than 20 feet to any public right-of-way or within 15 feet of a private drive, access road, or common open parking area.

4. Townhouse units shall provide open space at least equal to 10 percent of the building living space, not counting automobile storage. The required open space may be provided by one or more of the following methods:

a. Usable open space that is directly adjacent and accessible to dwelling units;

b. Common open space; and

c. Balconies, decks, and/or porches.

5. Internal driveways shall meet minimum fire code standards. (Ord. 1532 § 4, 2018).

15.20.310 Vision clearance area.

A. In the neighborhood and environmental protection districts, a vision clearance area shall be maintained at the corners of all property adjacent to the intersection of two streets, street, or a private street entering a public street. Driveways and alleys are excluded from the provisions of this section.

B. On all corner lots, no vehicle, fence, wall, hedge, or other obstructive structure or planting shall impede visibility between a height of 42 inches and 10 feet above the sidewalk or 14 feet above the street.

C. The triangular area shall be formed by measuring 15 feet along both street property lines beginning at their point of intersection. The third side of the triangle shall be a line connecting the end points of the first two sides of the triangle. (Ord. 1532 § 4, 2018).

15.20.330 Nonconforming lots, uses and structures.

A. Purpose and Applicability.

1. The purpose of this section is to establish:

a. The legal status of a nonconforming use, structure, lot or other development by creating provisions that determine how a nonconformance may be maintained, altered, reconstructed, expanded, or terminated; and

b. Encourage the adaptive reuse of existing nonconforming lots and structures.

2. The provisions in this section shall apply to structures, land, or uses which become nonconforming because of a change of the zoning map, annexation, or changes made in the zoning ordinance.

B. Nonconforming Lots of Record.

1. In any zoning district where single-family dwelling units are permitted, a single-family dwelling unit and customary accessory buildings may be erected or modified on any nonconforming lot of record, even though such lot fails to meet lot area and width requirements of the zone in which such lot is located; provided, that:

a. Such lot is in separate ownership; and

b. The proposed development meets other applicable development standards such as setbacks and building height.

C. Nonconforming Uses.

1. No existing building, structure, or land devoted to a nonconforming use shall be expanded, enlarged, extended, reconstructed, intensified, or structurally altered unless the use thereof is changed to a use permitted in the district in which such building, structure, or land is located except as follows:

a. When authorized by conditional use permit, a nonconforming use may be expanded, enlarged, extended, reconstructed, intensified, or structurally altered as long as the intensity of the nonconformity is not detrimental to health or safety of the public or does not increase the intensity of impacts on surrounding conforming uses.

2. When a nonconforming use of land or a nonconforming use of all or part of a structure is discontinued or abandoned for a period of 12 months, such use shall not be resumed, notwithstanding any reserved intent not to abandon such use. Normal seasonal cessation of use, or temporary discontinuance for purposes of maintenance or improvements, shall not be included in determination of the 12-month period of discontinuance. Evidence that such use has been actively available and marketed for sale or lease shall be considered by the city supervisor in determining if a nonconforming use has been discontinued.

3. If a nonconforming use is changed to a permitted use, the nonconforming use shall not be resumed.

4. Legally established residential uses located in any zoning district shall not be deemed nonconforming in terms of use and density provisions and shall be a legal use.

D. Nonconforming Structures.

1. No nonconforming structure may be expanded, enlarged, or extended where they increase an existing nonconformity. Nonconforming buildings may be repaired, maintained and rebuilt; provided, that such work does not increase an existing nonconformity. (Ord. 1532 § 4, 2018).

15.20.340 Cargo shipping containers and semitrailers.

A. Cargo shipping containers and semitrailers are not an allowed use within the neighborhood and environmental protection districts except as follows:

1. A property owner may obtain a temporary use permit for one or more cargo shipping containers or semitrailers when used for a construction project that has a building permit pursuant to SBMC 15.84.030.

2. Portable containers used to facilitate moving may locate on private property for up to 14 days and up to 30 days with a temporary use permit.

B. Cargo shipping containers and semitrailers without applicable Department of Transportation licenses are a permitted use in the downtown and commercial districts under the following conditions:

2. A property owner may permanently place a cargo shipping container on a parcel for use as a storage unit if:

a. Screened from public visibility from the right-of-way or the Willapa River by sight-obscuring fencing or landscaping approved by the city supervisor;

b. Located no closer than 10 feet from any property line; and

c. In compliance with all building code provisions related to accessory buildings.

C. Placing a cargo shipping container or a semitrailer without applicable Department of Transportation licenses on a city street or right-of-way is not allowed.

D. Look-alike shipping container buildings or metal buildings marketed as “containers” or “portable storage units” are regulated as cargo shipping containers under this section. (Ord. 1563 § 2, 2021).

15.20.350 Parking of recreational vehicles and boats.

A. No person shall park any recreational vehicle or boat upon the improved or unimproved portion of any street, alley, public right-of-way, or publicly owned parking lot for more than 24 hours with the following exceptions:

1. Temporary parking for the purpose of loading or unloading;

2. Use of the boat launch and parking area pursuant to SBMC 12.20.065(B); and

3. The city supervisor has issued a temporary use permit pursuant to SBMC 15.08.040 and the permit is clearly visible from the public right-of-way.

B. In no event shall power cords, extension cords, garden hoses, or other like devices extend from any recreational vehicle or boat across the public right-of-way or sidewalk to a residential dwelling or like source.

C. The city of South Bend will not be responsible for any loss or damage caused to any recreational vehicle or boat parked upon the improved or unimproved portion of any street, alley, public right-of-way, or publicly owned parking lot.

Temporary occupation of a single recreational vehicle on private property may be allowed for up to 14 days without a temporary use permit and up to 30 days upon the issuance of a temporary use permit. The city supervisor may extend the period of the temporary use permit if the occupant of the recreational vehicle has a city building permit pursuant to SBMC 15.84.030 for the purpose of constructing or repairing a residence on property owned by that occupant. (Ord. 1563 § 3, 2021).