Chapter 17.54 GENERAL REGULATIONS

The use regulations and restrictions contained in this title are subject to the general provisions, conditions and exceptions contained in this chapter. [Ord. 21-20 § 18, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.020 Yards – Establishment of building line.

City council, on recommendation from the planning commission after a public hearing held by the planning commission, may pass a resolution to establish a building line along certain streets throughout certain zones or throughout certain natural areas other than the usual setback requirements when it is found that doing so will protect public health, welfare, and safety, and implement the comprehensive plan. [Ord. 21-20 § 18, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.030 Curbs, gutters, sidewalks, and driveways.

Curbs, gutters, sidewalks, and driveways within easements shall meet the engineering standards of the city as enacted by ordinance. [Ord. 21-20 § 18, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.035 Swimming pool requirements.

A. Swimming pools shall not be located in a front yard, and shall be located at least five feet from any side or rear property line not adjacent to a street. A minimum three-foot-wide clear area shall be maintained around the perimeter of the pool. Swimming pools shall observe setbacks from streets, as noted in Table 17.54.050.1.

B. Swimming pools shall not be located within an easement. [Ord. 21-20 § 18, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 24-12 § 1 (Exh. A), 2012].

17.54.041 Day care centers and mini-day care centers.

Day care centers and mini-day care centers are subject to the following conditions:

A. A Washington State day care or mini-day care license is required.

B. The operation must comply with all building, fire safety, health code, and business licensing requirements at all times.

C. Setbacks, screening, landscaping, lot size, building site, and lot coverage must conform with the regulations of the applicable zoning district.

D. Parking requirements must conform to Chapter 17.57 WRMC.

E. Mini-day care centers located in the family abode are only allowed in residential zoning districts upon approval of a conditional use permit in accordance with Chapter 17.66 WRMC.

F. A four-foot-high solid board fence, masonry wall, or screened chain link fence must surround all outdoor play areas.

G. Any license required by the state or county must be obtained before issuance of a city business license.

H. No structural or decorative alteration is allowed which will alter the residential character of an existing residential structure used for a mini-day care center. Any new or remodeled structure must be designed to be compatible with the residential character of the surrounding neighborhood.

I. Limitations in Use of Family Residence. No mini-day care center shall be located in a private family residence unless the portion of the residence where the children have access is used exclusively for the children during the hours the center is in operation, or is separate from the usual living quarters of the family.

J. Land use permits are not required for day care centers and mini-day care centers when established in conjunction with a church, school or similar public use, and the use is considered accessory to the principal use in these cases. A four-foot-high solid board fence, masonry wall, or screened chain link fence must surround the outdoor play area. Any license required by the state or county must be obtained before issuance of a city business license. [Ord. 21-20 § 18, 2020].

17.54.042 Bed and breakfast facilities.

Bed and breakfast facilities are permitted as specified in certain zoning districts, subject to the following regulations:

A. Bed and breakfast facilities shall meet the following criteria:

1. Bed and breakfast facilities shall meet all applicable state and local health, safety and building codes, including minimum state business licensing requirements;

2. The exterior of the building shall retain a residential appearance while the facility shall be operated in a way that will prevent unreasonable disturbance to area residents;

3. In addition to the minimum off-street parking requirements for the residential dwelling listed in Chapter 17.57 WRMC one additional off-street parking space shall be provided for each guest room;

4. One sign, bearing only the name of the facility and/or operator measuring no more than four square feet and constructed according to the signage standards contained in WRMC Title 19, is permitted on the premises;

5. All bed and breakfast facilities shall be located in single-family residences or appurtenant structures and shall exhibit no outward appearance of a business or of a nonresidential nature other than permitted signs;

6. All bed and breakfast facility operations managers shall live on the premises during those times that the establishment is occupied by guests;

7. All bed and breakfast facilities shall obtain a city business license and be inspected by the city’s fire marshal and building official prior to their establishment;

8. The administrator/review body may impose other conditions such as additional parking, improved access, landscaping or minimum screening to ensure the proposed facility is compatible with the surrounding area. [Ord. 21-20 § 18, 2020].

17.54.043 Electric vehicle infrastructure.

The purpose of this section is to facilitate adequate and convenient electric vehicle infrastructure to serve the needs of the traveling public, provide opportunities for West Richland residents to have safe and efficient personal electric charging stations located at their place of residence, and to provide the opportunity for commercial and industrial developments to supply electrical vehicle charging station services to their customers and employees.

A. Where Authorized.

1. Charging level 1, 2 and 3 charging stations shall be permitted uses within all commercial and industrial districts, and accessory uses in all other districts.

2. Battery exchange stations shall be permitted uses within all commercial and industrial districts only.

B. Review Process.

1. Charging Stations. In general, charging stations do not require permits from the city unless their installation involves new construction, additions and/or structural alterations to existing buildings, or if their installation is governed by other requirements of city code. Electrical installations are under the administration of the Washington State Department of Labor and Industries and no aspect of the electrical infrastructure is administered by the city.

2. Battery Exchange Stations. Installation of a battery exchange station shall be processed in accordance with WRMC Title 14 as a Type II application, for full administrative review of applications. Applications shall be reviewed concurrently with other required permit applications.

C. Design Criteria.

1. Design criteria for electric vehicle charging stations or battery exchange stations within commercial and industrial districts:

a. Electric vehicle charging stations shall be reserved for parking and charging electric vehicles only.

b. Each charging station space should be posted with signage indicating the space is only for electric vehicle charging purposes. Signage should include identifying voltage and amperage levels, time of use, fees or safety information.

c. Installation of wayfinding signs should be conveniently located to effectively guide motorists to the charging station space(s).

d. Where charging station equipment is provided adjacent to a pedestrian circulation area, such as a sidewalk or accessible route to the building entrance, charging equipment should be located so as to not interfere with accessibility requirements of WAC 51-50-005, or as amended.

e. Design should be appropriate to the location and use and comply with any architectural requirements set forth by the city. Facilities should be able to be readily identified by electric car users but blended into the surrounding landscape/architecture for compatibility with the character and use of the site. [Ord. 21-20 § 18, 2020].

17.54.044 Family day care provider.

A family day care home shall be permitted by right in all zoning districts permitting residences and shall be subject to the following requirements:

A. A Washington family day care home license is required.

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

C. Lot size, building size, setbacks, and lot coverage conform to the standards of the zoning district except if the structure is a legal nonconforming structure.

D. A safe passenger loading area must be provided.

E. No structural or decorative alternative, which will alter the single-family character of an existing or proposed residential structure or be incompatible with surrounding residences, is permitted.

F. One sign is permitted that complies with WRMC Title 19. [Ord. 21-20 § 18, 2020].

17.54.045 Health care facilities.

Rest homes, nursing homes, congregate care, and convalescent homes, hospitals, and similar health facilities must have any required state or county license before occupancy. [Ord. 21-20 § 18, 2020].

17.54.046 Public utility transmission facility.

Public utility transmission facilities shall comply with the following conditions:

A. The utility company shall secure the necessary property or right-of-way to assure for the proper construction, continued maintenance, and general safety to the property adjoining the public utility transmission facility;

B. All support structures for electric transmission lines shall have their means of access located a minimum of 10 feet above ground;

C. The height of any structure above ground shall not exceed 125 feet. [Ord. 21-20 § 18, 2020].

17.54.047 Small-scale home occupations.

A. The purpose of small-scale home occupations is to provide local residents with the option to use their residence for small-scale business activities that do not interfere with the residential character of their neighborhood. A small-scale home occupation permit may be authorized when the business meets all of the following requirements:

1. The home occupation must be clearly incidental and accessory to the residential use.

2. All on-premises work and storage must occur within the main residence or attached garage. The home occupation shall not occupy more than 500 square feet of the residence and any attached garage.

3. All on-premises activities related to the home occupation are to be conducted only by members of the household.

4. No structural alteration or addition may be made to accommodate the home occupation, unless it is made in such a manner that the area would be suitable for typical residential purposes if it were not occupied by the home occupation.

5. No equipment shall be installed, no products shall be stored, and no activities shall be conducted that would violate the fire or building code limitations for a nonrated wooden structure (Construction Type V-B), regardless of the construction type of the dwelling.

6. No offensive noise, vibration, smoke, dust, odor, glare, electrical interference (including but not limited to cable, phone, radio, satellite, or television), or other detriments to neighboring properties or dwelling units shall be produced.

7. There shall be no exterior indications of the home occupation, other than those indications complying with subsections (A)(8) through (A)(12) of this section.

8. No more than a total of two vehicles/trailers associated with the home occupation shall be on or near the premises at any time. In addition, the vehicle(s) shall not be larger than a typical passenger van or one-ton pickup and the trailer(s) no more than 18 feet long (overall length). Box-style cargo vans, semi tractors/trailers, heavy equipment, and similar vehicles are not authorized.

9. Any vehicle or trailer associated with the home occupation that is not a typical passenger car or pickup must be parked off-street. Furthermore, vehicles and trailers are not to occupy any area within the front yard that is not designed for parking (e.g., no parking on the front lawn).

10. The combined number of customer, delivery, and employee vehicles visiting the property with the home occupation shall not typically exceed six per day, and they shall not arrive earlier than 7:00 a.m., nor leave later than 7:00 p.m. each day.

11. Vehicle traffic associated with the home occupation shall not be of an amount that would cause, or add to, any parking congestion problems, or represent a substantial increase in traffic through the residential area.

12. Signage must comply with the provisions set forth in WRMC 19.04.020(L), which allows one nameplate up to two square feet to be placed on the house.

13. The operator of the home occupation must receive a home occupation permit from the community development department. The permit shall be issued after receipt of an application demonstrating that the home occupation complies with the requirements of this title.

Examples of possible small-scale home occupations include:

a. Artist;

b. Consultant;

c. Computer work (accountant, architect, drafter, engineer, typist);

d. Internet (online)/mail/telephone sales (off-site delivery);

e. Music instructor;

f. Photographer;

g. Seamstress/tailor;

h. Teacher/tutor.

B. The following uses are not permitted as small-scale home occupations, due to their nonresidential character and/or potential impacts to neighboring properties:

1. On-premises retail or entertainment establishments;

2. Barber or beauty parlors, with more than one chair;

3. Equipment rental;

4. Funeral home or crematorium;

5. Animal kennel, stable, day care, and training;

6. Lodging or boardinghouse;

7. Machining, welding, or metal shop;

8. Slaughter and meat processing services;

9. Towing services;

10. Vehicle or heavy equipment alteration, repair (including body, engine and chassis), painting, sales, service, impound, or storage;

11. Wholesale sales, on-premises;

12. Any use generating, storing or utilizing hazardous materials in amounts greater than a typical household.

C. Applications for small-scale home occupations are processed as Type II permits, pursuant to WRMC 14.01.030. In granting approval of a small-scale home occupation permit, the director may require additional conditions, so that the home occupation does not detract from the residential character of the neighborhood.

D. Any small-scale home occupation that is granted approval may be subject to inspection and review at any reasonable time for purposes of verifying compliance. If, at any time, any of the small-scale home occupation requirements are not met, the director may revoke the permit. If a permit is revoked, there shall not be another home occupation permit issued for the applicant’s property for a period of six months, at which time the applicant may reapply. A decision to revoke a home occupation permit may be appealed to the city council, subject to Chapter 14.06 WRMC. Any appeal must be filed within 10 working days of when the permit was revoked. [Ord. 21-20 § 18, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 13-08 § 1, 2008].

17.54.048 Large-scale home occupations.

A. The purpose of the large-scale home occupation land use permit is to provide an option for consideration of businesses or professional enterprises that exceed the limitations of the small-scale home occupation category, but which nonetheless maintain such characteristics and/or are located such that they are able to operate in a manner that does not interfere with the residential character of their neighborhood.

B. A large-scale home occupation is considered through the conditional use permit process. The conditional use permit criteria of Chapter 17.66 WRMC apply, and large-scale home occupations shall also meet the following requirements:

1. The home occupation must be clearly incidental and accessory to the residential use.

2. All on-premises work and storage areas must be conducted within the home, garage, or an accessory structure.

3. All on-premises activities related to the home occupation are to be conducted only by members of the household, provided up to two nonresident employees may work on the premises, when authorized through the conditional use permit review.

5. No equipment shall be installed, no products shall be stored, and no activities shall be conducted in the dwelling or attached garage that would violate the fire or building code limitations for a nonrated wooden structure (Construction Type V-B), regardless of the construction type of the dwelling. Any accessory structure used in the home occupation shall meet the fire and building code requirements applicable to its use.

7. There shall be no exterior indication of the home occupation, other than those indications complying with subsections (B)(8) through (B)(12) of this section.

8. No more than a total of four vehicles/trailers associated with the home occupation shall be on or near the premises at any time.

10. The combined number of customer, delivery, and employee vehicles visiting the property with the home occupation shall not typically exceed eight per day, and they shall not arrive earlier than 7:00 a.m., nor leave later than 7:00 p.m. each day.

12. Signage must comply with the provisions set forth in WRMC 19.04.020(L), which allows one nameplate up to two square feet to be placed on the house.

Examples of possible large-scale home occupations include:

a. Small-scale manufacturing or fabrication in an accessory building (no use of production line or automated equipment).

b. Contractors not meeting the small-scale home occupation requirements of WRMC 17.54.047.

c. Small-scale repair services.

C. The following uses are not permitted as large-scale home occupations, due to their nonresidential character and/or potential impacts to neighboring properties:

1. On-premises bookstores or entertainment establishments;

2. Barber or beauty parlors, with more than one chair;

3. Equipment rental;

4. Funeral home or crematorium;

5. Animal kennel, stable, day care, and training;

6. Lodging or boardinghouses;

7. Storage facilities (also known as mini-storage), subject to WRMC 17.54.430;

8. Restaurants/drinking establishments;

9. Slaughter and meat processing services;

10. Towing services;

11. On-premises vehicle or heavy equipment repair (including body, engine and chassis), impound, and dismantling/wrecking. [Ord. 21-20 § 18, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 13-08 § 1, 2008].

17.54.049 Special building heights.

A. The uses listed under subsection B of this section are permitted as primary and/or secondary uses in industrial districts as described below and may be permitted in all other districts subject to review in accordance with Chapter 17.66 WRMC and other applicable provisions of this code and the issuance of a conditional use permit by the planning commission; such that certain structures as listed below may be erected to a greater height than the limit established for the district in which such use or structure is located; provided, however, that all structures above the height otherwise permitted in all districts are designed and constructed to have a fall zone entirely within the area defined by the legal description of the property in which the structure is to be erected.

B. These structures include: church spires; belfries; cupolas and domes; monuments; water towers; observation towers; flagpoles; radio and television transmission towers; outdoor theater screens; smokestacks; cooling towers; grain elevators; and other structures when manufacturing process requires greater height, and single poles or metal towers erected for the purpose of supporting aerials for radio operators; provided, however, that no portion of the supporting structure overhangs or extends over any abutting property. [Ord. 21-20 § 18, 2020; Ord. 14-19 § 1 (Exh. A), 2019; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 24-12 § 1 (Exh. A), 2012].

17.54.050 Area and dimensional regulations and standards tables.

A. Tables 17.54.050.1, 17.54.050.2 and 17.54.050.3 show the area and dimensional regulations and standards for the zoning districts in the city.

B. Notwithstanding the setbacks specified in Tables 17.54.050.1, 17.54.050.2 and 17.54.050.3, no building is to be located within an established easement.

C. Exceptions to the setback standards are as follows:

1. Repealed by Ord. 39-20.

2. If the lot is a corner lot and one of the streets is a limited access roadway, as specified by Chapter 10.24 WRMC, and the lot does not gain direct access from the limited access roadway, a minimum setback of 10 feet from the right-of-way of the limited access roadway is authorized.

3. Repealed by Ord. 39-20.

4. If one of the streets is a private access road within a private access easement, serves less than four lots or dwellings, and the city engineer and community development director determine that it is not likely to ever provide access to more than four lots or dwellings, a setback of 10 feet shall apply from the inner edge of the private access easement; or the setback must comply with the listed setbacks in Table 17.54.050.1, whichever is greater.

D. Lots located in Sections 6 and 8 that are identified in the local roadway plan as adopted by the city must comply with the listed setbacks in Table 17.54.050.1, and shall be measured from the inner edge of the access easement. When no roadway is proposed as part of the local roadway plan, then the setback shall be measured from the property line, but in no case shall a structure be allowed within five feet of an access easement.

Table 17.54.050.1. Residential Site Development Standards Table
KEY: Residential Low-Density (RL-20, RL-40) Residential Medium-Density (RM-6, RM-10) Manufactured Home Park (MH-P) Multifamily Residential (MR) Downtown – Mixed Use (D-MU) Urban Transition (UT) Planned Unit Development (PUD)
	RL-40	RL-20	RM-10	RM-6	MR	D-MU (11)	UT	PUD
Minimum Dimensions/Sizes (6):
Single-Family Lot Area (if served by city water and sewer)	40,000 s.f.	20,000 s.f.	10,000 s.f. (12,500 s.f. for corner lots)	6,000 s.f. (7,500 s.f. for corner lots)	3,000 s.f.	3,000 s.f.	1 acre (4)	Underlying zone
Single-Family Lot Area (if not served by city sewer)	5 acres (8)	5 acres	10 acres	10 acres	10 acres	N/A	1 acre (4)	Underlying zone
Townhouse/Rowhouse Lot Size				1,800 s.f. Not to exceed 9 units/acre	1,800	1,800		Underlying zone
Duplex Lot Area per Dwelling Unit					4,000	2,000		Underlying zone
Multifamily Lot Area per Dwelling Unit					2,000	2,000		Underlying zone
Lot Width (at street frontage)	45'	45'	40'	30'	30'	30'	100'	30'
Lot Width at Street Frontage Townhouse/Rowhouse				22.5'
Lot Depth	90'	90'	80'	80'		80'	100'	50'
Front Yard Setback (2)(3)(7)	25'	25'	20'	20'	15'	20'	25'	Underlying zone
Front Yard Setback Townhouse/Rowhouse				15' 20' garage
Rear Yard Setback (1)(2)(5)	20'	20'	8'	8'	10'	8'	25'	Underlying zone
Side Yard Setback (1)(2)(3)(5)	10'	10'	5'	5'	5'	5'	25'	Underlying zone
Street Side Yard Setback – Corner Lot (2)(9)	15'	15'	15'	15'	15'	15'	25'	Underlying zone
Open Space								10% of gross area
Maximum Dimensions/Sizes:
Lot Coverage (12)	50%	50%	50%	40%	60%	60%	50% on a one-acre home-site	60%
Building Height (5)	40'	40'	40'	40'	40'	40' (10)	40'	Underlying zone
(1) Setbacks, when adjacent to a private road or driveway easement, are established from the inner edges of the road or driveway easement and are the same as noted above, except when serving four or less parcels the setbacks are measured from the inner edges and shall be the same in the table noted above.
(2) Minor Projections Allowed. Minor features of a structure, such as eaves, chimneys, fire escapes, bay windows no more than 12 feet long and which cantilever beyond the foundation of the structure, uncovered stairways, and uncovered decks or balconies, may extend into a required setback up to two feet in residential districts. However, they may not be less than three feet of a lot line when a setback is required. Wheelchair ramps are allowed to project into the setback. Attached mechanical equipment such as heat pumps, air conditioners, emergency generators and water pumps are allowed to project into the side or rear setback only. A covered porch, covered patio, deck 30 inches or higher, pergola, and any other roofed structure shall be considered a part of a building in the determination of the size of the yard or lot coverage.
(3) Side yard setbacks are not applicable to townhouses or rowhouses.
(4) The UT district has agricultural “quarter/quarter zoning” which permits one residential dwelling on a one-acre minimum lot for each one-sixteenth of a section of land.
(5) Setbacks and maximum building heights for certain accessory buildings are reduced, as detailed in WRMC 17.54.055(B)(3).
(6) Exceptions to the setback requirements may be considered in accordance with WRMC 17.54.020, when applicable to a group of multiple lots. A setback exception pertaining only to an individual lot is to be considered through the variance process of Chapter 17.69 WRMC.
(7) Minimum setbacks for separate garages or accessory buildings ordinarily appurtenant to the conduct of farming, including barns and storage shed for large farm machinery, shall not be less than 60 feet from the front lot line.
(8) The minimum lot size in the RL-40 zoning district remains at 40,000 square feet when a lot to be divided is greater than 500 feet from city sewer, and served with city water.
(9) Not applicable to a garage door and/or carport opening which must maintain the front yard setback.
(10) New commercial and/or multifamily buildings within the downtown – mixed use district over 40 feet in height shall be reviewed via the conditional use permit process set forth in Chapter 17.66 WRMC.
(11) The standards of WRMC 17.49.080 apply.
(12) Maximum lot coverage does not apply to townhouses/rowhouses.

Table 17.54.050.2. Manufactured Home Park Minimum Setbacks Table
	Minimum setback from the property lines of individual in-park spaces			Minimum setback from the boundary of the manufactured home park
	Front and Flanking Street Yard	Side Yard	Rear Yard	Side Yard	Rear Yard	Right-of-Way
Manufactured homes	5'	5'	5'	10'	10'	20'
Patio covers, decks, landings, awnings	5'	5'	5'	5'	5'	20'
Carports	5'	5'	5'	5'	5'	20'

At least 10 feet of separation shall be maintained between mobile or manufactured homes (including additions/porches, pop-outs, etc.). All accessory structures shall maintain a five-foot separation from the mobile or manufactured home unless it is permanently attached, and shall be set back at least five feet from all lot lines of the specific space within which it is placed.

Table 17.54.050.3. Nonresidential Site Development Standards Table
KEY: City Parks District (CP) Commercial General (CG) Neighborhood Commercial (CN) Commercial Limited (CL) Commercial – Light Industrial (C-LI) Downtown – Mixed Use (D-MU) Light Industrial (LI)
	Parks	Commercial				Mixed Use	Industrial
	CP	CG	CN	CL	C-LI	D-MU	LI
Minimum Dimensions/Sizes
Minimum front and flanking yard setback (1)	15'	15'	20'	20'	15'	See WRMC 17.49.090	25'
Minimum rear yard setback (1)	8'	0'	0'	0'		See WRMC 17.49.090	0'
Minimum side yard setback (1)	5' (25' for corner lot)	0'	0'	0'		See WRMC 17.49.090	10'
Minimum lot area	N/A	N/A	N/A	N/A	N/A	N/A	10,000 s.f.
Minimum width of street frontage	N/A	40'	40'	40'	40'	N/A	N/A
Minimum lot depth	N/A	N/A	N/A	N/A	N/A	N/A	N/A
Maximum Dimensions/Sizes
Maximum building height	30'	35'	35'	35'	45'	See WRMC 17.49.080	45'
Maximum lot coverage (%)	None	None	None	None	None	None	None
Maximum impervious surface (% of lot area)	None	90%	90%	90%	90%	90%	95%

(1) Transition requirements may apply to office, commercial, industrial, and other nonresidential buildings. See WRMC 17.54.330.

[Ord. 8-22 § 1, 2022; Ord. 39-20 §§ 1, 2, 2020; Ord. 21-20 § 18, 2020; Ord. 30-18 § 2, 2018; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 3-15 § 1, 2015; Ord. 25-12 § 1 (Exh. A), 2012; Ord. 24-12 § 1 (Exh. A), 2012; Ord. 19-12 § 1 (Att. A), 2012; Ord. 14-11 § 1 (Att. A), 2011; Ord. 7-10 § 3, 2010; Ord. 35-09 § 1 (Exh. 1), 2009; Ord. 34-09 § 1 (Att. 1), 2009; Ord. 33-09 § 1 (Exh. 1), 2009; Ord. 9-08 § 1, 2008; Ord. 40-07 § 1, 2007; Ord. 9-01 § 1, 2001; Ord. 4-01 § 5, 2001; Ord. 316 § 30.9.4, 1979].

17.54.054 Trash enclosures.

All garbage cans, bins, dumpsters, containers, and other garbage receptacles within multifamily, commercial and industrial zoning districts and uses must be within a completely enclosed building or screened from view by a sight-obscuring wall or fence at least six feet high and with a gate or door or similar sight-obscuring material to provide access. All enclosures shall be at least 20 feet from the property line of parcel with a residential use. Property owners and/or business operators must ensure that no garbage, trash, waste, or other refuse accumulates around or within the enclosure. [Ord. 21-20 § 18, 2020].

17.54.055 Accessory building requirements – Residential uses.

A. General Standards.

1. Accessory buildings shall not be built prior to the principal structure (primary dwelling unit), but may be built in conjunction therewith.

2. Accessory buildings are for personal use only and may not be used for dwelling or business activities, unless authorized through permit(s) provided for elsewhere in this title (e.g., accessory dwelling unit or large scale home occupation).

3. For purposes of this section (regarding height and size limitations, setbacks, lot coverage, etc.), residential accessory buildings include sheds, shops, garages, carports, greenhouses, and similar structures, which are detached from the residence, or connected to the residence by only a breezeway, hallway, or other minor attachment. Residential accessory buildings also include patio covers, pergolas, gazebos, cabanas, decks 30 inches or more above grade, and similar structures, when detached from the main residence. If any of the types of structures mentioned in this subsection are attached to the residence, they shall be considered as part of such, and subject to the zoning requirements pertaining to the primary residential structure.

4. Cargo shipping containers and similar enclosures are not a permitted accessory structure in any residential zone.

5. Accessory buildings shall not be located within an easement with the exception of lots located within Sections 6 and 8 of Willamette Heights may have accessory buildings within the patent rights-of-way/easements, provided:

a. The accessory building is on a nonpermanent foundation;

b. The accessory building is 200 square feet or less in area and has a roof ridge height of 12 feet or less;

c. The patent/easement is not shown as a “planned roadway” or “access easement” on the adopted local roadway plan;

d. The patent/easement does not contain an established driveway or road;

e. The patent/easement does not contain any utilities (e.g., water, sewer, power, phone, cable, irrigation); and

f. The property owner signs a waiver that is recorded on the property indicating that the owner agrees to remove the accessory building from the easement within 10 days of receiving written notice from either the city, a utility, or a property owner relying on the easement for access or installation of utilities. It shall include a clause that the building may be removed by the city at the owner’s expense, if the owner fails to comply with the request.

6. The placement of all accessory buildings shall require written approval from the community development department, whether or not a building permit is required. The application shall include a site plan, floor plan and elevation drawing.

7. Accessory buildings requiring a building permit that are located on a property with an on-site sewage system (septic) shall be approved by the Benton-Franklin Health District for placement, prior to building permit submittal.

8. All accessory structures shall be separated from the primary building by at least five feet. This standard may be reduced by the administrator if the applicant can demonstrate that the proposed accessory building or structure is to be physically attached to the primary building or dwelling, alternative means of emergency access to the sides and rear of the property are readily available, and the proposed structure meets all other applicable requirements.

B. Development Standards.

1. Height. In the RM-6, RM-10 and D-MU zoning districts, the maximum building height to the top of the roof ridge shall not exceed 20 feet. In the RL-20 zone, and lots greater than 0.75 acre in the RM-6 and RM-10 zoning districts, the maximum building height to the top of the roof ridge shall not exceed 25 feet in height. The maximum height in the RL-40 and UT zoning districts is as indicated in Table 17.54.050.1.

2. Lot Coverage. Total lot coverage is limited as set forth in Table 17.54.050.1. In addition to the total lot coverage limitation, no individual accessory building in the RM-6, RM-10 or D-MU zoning districts shall exceed 1,200 square feet, except for lots greater than 0.75 acre. In the RL-20, RL-40, UT zoning districts, and lots greater than 0.75 acre in RM-6 and RM-10 zoning districts, the maximum size is according to the maximum lot coverage as set forth in Table 17.54.050.1.

3. Setbacks.

a. Accessory buildings that are 200 square feet or less in size and have a roof ridge height of 12 feet or less, and are at least six feet from any other accessory building on the property, shall have a minimum setback of five feet from a side and rear property line that is not adjacent to a street; provided, the location is not within an easement.

b. Accessory buildings that are greater than 200 square feet in size or have a roof ridge height that is greater than 12 feet must meet the minimum setbacks for that zone, except in the RL-40 and RL-20 zoning districts. In the RL-40 and RL-20 zoning districts, the minimum setback for such structures is reduced to 10 feet for all rear and side yards that are not on a corner lot.

c. Accessory buildings shall observe setbacks from streets, as set forth in Table 17.54.050.1, or WRMC 17.54.050(C).

d. Decks and other platforms higher than two inches above average grade are not to be located within the required front yard setback, as stated in WRMC 17.09.260.

e. Fire and/or building codes may have additional requirements and/or setbacks. In the case of a conflict, the most restrictive shall apply.

C. Architectural Design. Accessory buildings greater than 300 square feet shall have exterior siding materials typical of conventional site-built residences, such as stucco, lap siding, textured panel siding, or “board and batten” coordinated to match with existing structures. Alternatively, sheet metal siding may be used if the color of the siding and trim is coordinated to match the siding and trim of the main residence. Accessory buildings greater than 300 square feet shall have minimum 12-inch eaves.

D. Accessory Dwelling Unit Use. If an accessory building, or portion thereof, is to be used as an accessory dwelling unit, it must also comply with WRMC 17.54.095. [Ord. 16-24 § 1, 2024; Ord. 21-20 § 18, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 17-15 § 4, 2015; Ord. 24-12 § 1 (Exh. A), 2012].

17.54.055.1 Accessory building requirements – Commercial uses.

A. General Standards.

1. For purposes of this section (regarding height and size limitations, setbacks, lot coverage, etc.), accessory buildings include sheds, shops, garages, carports, greenhouses, and similar structures, which are detached from a building, or connected to a building by only a breezeway, hallway, or other minor attachment. Accessory buildings also include patio covers, pergolas, gazebos, cabanas, decks 30 inches or more above grade, and similar structures, when detached from the main structure. If any of the types of structures mentioned in this subsection are attached to the structure, they shall be considered as part of such, and subject to the zoning requirements pertaining to the primary structure and its use.

2. Cargo shipping containers and similar enclosures are not a permitted accessory structure in any zone; however, in nonresidential zones they may be placed on a property and used on a temporary basis for storage only, when a building permit is active.

3. Accessory buildings shall not be located within an easement.

4. The placement of all accessory buildings shall require written approval from the community development department, whether or not a building permit is required. The application shall include a site plan, floor plan and elevation drawing.

5. Accessory buildings requiring a building permit that are located on a property with an on-site sewage system (septic) shall be approved by the Benton-Franklin Health District for placement, prior to building permit submittal.

6. All accessory structures shall be separated from the primary building by at least five feet. This standard may be reduced by the administrator if the applicant can demonstrate that the proposed accessory building or structure is to be physically attached to the primary building or dwelling, alternative means of emergency access to the sides and rear of the property are readily available, and the proposed structure meets all other applicable requirements.

B. Development Standards.

1. Height. Per Table 17.54.050.3.

2. Lot Coverage. Per Table 17.54.050.3.

3. Setbacks.

b. Accessory buildings that are greater than 200 square feet in size or have a roof ridge height that is greater than 12 feet must meet the minimum setbacks for that zone.

c. Accessory buildings shall observe setbacks from streets, as set forth in Table 17.54.050.1, or WRMC 17.54.050(C).

d. Decks and other platforms higher than two inches above average grade are not to be located within the required front yard setback, as stated in WRMC 17.09.260.

e. Fire and/or building codes may have additional requirements and/or setbacks. In the case of a conflict, the most restrictive shall apply. [Ord. 21-20 § 18, 2020].

17.54.056 Other accessory structures.

A. Tower, private (ham radio operator) provided:

1. A building permit for the private tower is obtained from the city, reviewed and approved by the community development department;

2. The applicant shall furnish a site plan showing the height and location of the private tower;

3. The applicant shall furnish a copy of the tower manufacturer’s construction and erection specifications;

4. The private tower shall be erected in accordance with the manufacturer’s specifications;

5. That generally a residence has to be on the same site as the private tower, except for a private repeater facility or remote base operations; and

6. That the height limitation of the zone is not exceeded (without approval of a variance).

B. Tower (does not include wireless communication facilities) provided:

1. A conditional use permit pursuant to Chapter 17.66 WRMC is obtained;

2. The tower base shall be enclosed by a fence not less than six feet in height with a locking gate;

3. The tower shall have a locking trap door or the climbing apparatus shall stop 12 feet above the ground;

4. The tower collapse or blade impact area shall lie completely within the applicant’s property or within an adjacent property for which the applicant has secured and recorded an easement(s) for all property in the tower’s impact area;

5. Before issuance of a conditional use permit, the applicant shall have demonstrated all the applicable requirements of the Federal Communications Commission, Federal Aviation Administration and any required avigation easements can be satisfied; and

6. The standards and requirements of WRMC 17.54.049 shall apply. [Ord. 21-20 § 18, 2020].

17.54.058 Recreational vehicles.

A. Recreational vehicles shall not be used as permanent or temporary dwelling units in any residential zone. However, guests may park and/or occupy a recreational vehicle while visiting the occupants of a dwelling unit located on the same lot for not more than 30 days in one consecutive 12-month period. The intent is to accommodate visiting guests and not to allow the recreational vehicle to be used as a dwelling unit.

B. Recreational Vehicles – Use and Storage.

1. All recreational vehicles shall be readily transportable at all times, shall not be permanently affixed to the ground, and shall not be used as a permanent dwelling unit.

2. Recreational vehicles shall not be stored in the front yard setbacks, excluding boats less than 22 feet in length and tent trailers.

3. Recreational vehicles shall not be stored upon undeveloped properties.

C. Long-Term Occupancy. A recreational vehicle may be temporarily occupied for a period not exceeding one year with specific approval granted in writing by the administrator, if the applicant can demonstrate the following:

1. The property on which the RV is to be located has a current and active building permit, and measurable progress is being made on the project. At the conclusion of one year, the RV shall be immediately unhooked from utilities and stored on the lot according to the storage standards contained within subsection B of this section, or removed from the site within 30 days after the building permit is voided, closed out, or finalized by the building official; or

2. The RV may be used as a temporary dwelling in the case of caring for a sick family member. At the conclusion of one year, the need shall be re-evaluated by the administrator, or his/her designees, and approval for another year of temporary usage may be granted. When this specific use is no longer needed, the RV shall either be removed from the site or disconnected from all utilities and stored on the site according to the storage standards contained within subsection B of this section. [Ord. 21-20 § 18, 2020].

17.54.059 Recreational vehicle parks.

Recreational vehicle parks are permitted as specified for certain zoning districts, subject to the following regulations:

A. Recreational vehicle parks shall meet the following criteria:

1. Every recreational vehicle park shall contain direct access to a public street or road having a minimum right-of-way width of 50 feet;

a. Recreational vehicle parks less than or equal to 10 acres in size shall develop at least 10 percent of the total land area for recreation or open space purposes. Recreational vehicle parks greater than 10 acres in size shall be required to develop up to 20 percent of the total land area for recreation or open space purposes;

B. The minimum width for internal access roads shall be 20 feet. An additional six feet of width shall be provided on each side of the internal roadway if roadside parking is permitted. The internal access roads shall be paved;

C. The recreational vehicle park shall be adequately screened from the view of adjoining properties and the public roadway with a combination of fencing, landscaping or other devices as required by Chapter 17.56 WRMC;

D. One parking space shall be provided for each RV site and shall not be part of the minimum pavement width for internal circulation;

E. All signage shall be consistent with WRMC Title 19, Signs. [Ord. 21-20 § 18, 2020].

Article II. Requirements for Residential Districts and Dwelling Units in the Downtown – Mixed Use District

17.54.060 Parking and area requirements.

In residential districts, the number of motor vehicles for which graveled or paved space must be provided as accessory to an authorized use shall be a minimum of two motor vehicle spaces for each dwelling. One space for an additional motor vehicle may be approved. The garage area is regarded as exclusive of this requirement. [Ord. 21-20 § 18, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.070 Yard setbacks.

A. Building eaves, cornices, belt courses or similar ornamentations and fireplaces may project over a front, side or rear yard setback by not more than two feet in residential districts; provided, that there is no projection over an easement.

B. Cooling towers and similar accessory structures are required to observe all front, side, and rear yard setbacks, except for the air conditioning compressors of detached single-family residential buildings. [Ord. 21-20 § 18, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.080 Porches, patios, and decks.

A covered porch, covered patio, deck 30 inches or higher, pergola, and any other roofed structure shall be considered a part of a building in the determination of the size of the yard or lot coverage. [Ord. 21-20 § 18, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.090 Manufactured homes on individual lots.

A. Pursuant to the requirements of RCW 35.21.684, the city does not discriminate against consumers’ choices in the placement or use of a home that is not equally applicable to all homes. This section applies only to manufactured housing units placed on individual lots. All manufactured homes placed within the UT, MR, RL-20, RL-40, RM-6, RM-10 and D-MU zoning districts shall meet the standards of subsections B through F of this section.

B. Homes built to 42 U.S.C. 70 Sections 5401 through 5403 standards (as they may be amended) are regulated for the purposes of siting in the same manner as site-built homes, factory-built homes, or homes built to any other state construction or local design standard; provided, however, that the manufactured home shall:

1. Be set upon a permanent foundation, as specified by the manufacturer, and that the space from the bottom of the home to the ground be enclosed by concrete or an approved product which can be either load-bearing or decorative; and

2. Comply with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located;

3. Have a pitched roof with a slope of not less than 3:12;

4. Be thermally equivalent to the state energy code; and

5. Otherwise meet all other requirements for a designated manufactured home as defined in RCW 35.63.160.

C. The manufactured home shall be a new manufactured home unless located in the RM-6 zoning district. Manufactured homes located in the RM-6 zoning district shall not be more than three years old; provided, the administrator, through the Type I review process, may authorize a manufactured home that is more than three years old when he/she determines the proposed home is a substantial improvement over the dwelling it is replacing or is otherwise compatible with the surrounding residential neighborhood.

D. The manufactured home shall be thermally equivalent to the state energy code in effect at its time of manufacture.

E. This section does not override any legally recorded covenants or deed restrictions of record.

F. An existing single wide manufactured home that has been damaged may be replaced with a new single wide manufactured home, when replacement is initiated within 12 months of the date of damage which represents less than 80 percent of market value, or upon removal of existing habitable single wide manufactured home.

G. The manufactured home shall have a garage or carport constructed of like materials when nearby residences have carports or garages. The city may require an attached or detached garage where that would be consistent with the predominant construction of immediately surrounding residences. [Ord. 21-20 § 18, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.095 Accessory dwelling units (ADUs).

Accessory dwelling units established in conformance with the provisions of this section may be allowed as secondary uses on lots zoned for single-family dwellings, as specified by the applicable zoning district:

A. An accessory dwelling unit may be created through:

1. Internal conversion within an existing single-family dwelling;

2. Inclusion within a single-family dwelling at the time of its construction;

3. Conversion of an existing residential attached garage, when the garage to be converted is set back at least 40 feet back from the front property line;

4. The addition of new square footage to an existing single-family dwelling, when the addition is located at least 40 feet from the front property line. Attaching the addition by a breezeway or other nonsubstantial method, as determined by the planning director, shall cause the addition to be considered a “separate detached dwelling unit” for the purpose of all ADU zoning provisions; or

5. A separate detached dwelling unit on the same lot as the primary dwelling unit, when the accessory dwelling unit is located at least 10 feet behind the rear of the primary dwelling unit and is of site-built construction.

B. Development Standards. Accessory dwelling units shall comply with the following development standards:

1. Number. No more than one accessory dwelling unit (ADU) per legal lot is permitted and it must be accessory to a single-family residence. A lot occupied by two or more dwellings shall not be permitted to have an accessory dwelling unit. A lot featuring a townhouse/rowhouse shall not be permitted to have an accessory dwelling unit.

2. Lot Area. No accessory dwelling unit shall be permitted on a lot less than 10,000 square feet. Minimum lot size for a detached accessory dwelling unit is 15,000 square feet.

3. Compliance. The ADU shall comply with applicable building, fire, and health and safety codes. The ADU shall be assigned a separate address, in conformance with Chapter 12.13 WRMC. If whole numbers are exhausted, then a single building number shall be utilized with sequential letter designations used for each separate occupant.

4. Lot Coverage, Setbacks and Height. An accessory dwelling 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 ADU is 20 feet (the standard building height requirements of the underlying zone apply in each of the other situations).

5. Outbuilding Size. Where an ADU will occupy only a portion of an accessory structure, the lot coverage of the entire accessory structure may not exceed 10 percent.

6. Total Floor Area. The total gross floor area of an accessory dwelling unit shall not exceed 40 percent of the living area of the primary dwelling, or 1,000 square feet, whichever is less, except as provided in subsection (B)(6)(a) or (b) of this section. In calculating living area, uninhabitable floor areas, such as the garages and unheated storage areas, are excluded.

a. If the ADU is to be completely located on a single floor of an existing house (e.g., situation where the basement is to be used as an ADU), the planning director may allow up to the entire floor to be used, when it is not otherwise feasible to use the area representing the difference between the entire floor area and the normally permitted ADU size. Provided, in the case of such exception, the size of the ADU shall not exceed 50 percent of the total living area of both dwellings.

b. Attached ADUs located in RL-40 zoning districts shall not exceed 40 percent of the living area of the primary dwelling, or 1,200 square feet, whichever is less.

7. Number of Bedrooms. An accessory dwelling unit shall not contain more than one bedroom.

8. Occupancy. No more than three people, of which no more than two are 16 years of age or older, shall reside in an accessory dwelling unit.

9. Parking. An accessory dwelling unit shall have a minimum of one on-site parking space. This space shall be in addition to the two on-site parking spaces for the primary dwelling.

10. Architectural Design. The exterior appearance of an accessory dwelling 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; and other architectural features.

11. Entrances. The primary entrance to the ADU shall be located and designed in such a manner as to be unobtrusive and clearly subordinate as compared to the main entrance, when observed from the same view of the building which encompasses the entrance to the primary use, the single-family dwelling unit.

12. Utilities. To establish an accessory dwelling unit, both the primary dwelling and the ADU must be connected to city water and be served with a fire hydrant capable of providing the required fire flow.

a. If public sewer is available, both units shall connect to public sewer.

b. If public sewer is not available, the situation must be reviewed and approved by the Benton-Franklin Health District for suitability of the on-site septic system(s) and replacement area(s) prior to issuance of the building permit. The health district must be informed as to the number of proposed bedrooms, kitchens, and laundry facilities and the applicant’s intent to include an accessory dwelling unit, to allow the district to conduct an adequate analysis for the specific proposal. If the health district determines that two separate systems would be needed for the project but there is not suitable area to install both systems, the city shall deny the ADU application.

c. Where connections are made to city water and/or sewer, there cannot be separate meters or service connections for the individual dwelling units.

13. Connection Charges and Impact Fees. Connection charges and impact fees shall be as specified by the applicable ordinances and resolutions. ADUs are subject to impact fees.

14. Owner Occupancy. Prior to the issuance of a building permit establishing an accessory dwelling 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 ADU 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 rented or otherwise occupied. 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 this title and is subject to the enforcement actions.

C. Determination of Proposed ADUs. Building plans and permit applications submitted to the city which include, or would result in, what appears to be an accessory dwelling unit but does not include an application for one, will be evaluated by the community development director.

1. The community development director will review building plans for new residences or additions/remodels to existing residences whenever there is more than one indoor kitchen proposed for a structure.

2. The community development director will determine if a proposal would result in the creation of an ADU. To make the determination, the director will consider the entire proposal and the features of the dwelling, such as the presence of more than one laundry facility, the general layout, exterior access, etc.

3. If the director determines that plans require an application for an ADU, the building permit shall be returned to the applicant. The applicant must resubmit the plans with an application for an ADU, and must make any modifications necessary for the additional dwelling unit to conform to the ADU requirements, such as any reduction of square footage.

4. The determination of the director is a Type II decision (administrative interpretation) and may be appealed to city council in accordance with Chapter 14.01 WRMC. [Ord. 21-20 § 18, 2020; Ord. 28-19 § 1 (Exh. A), 2019; Ord. 15-17 § 1 (Exh. A), 2017; amended during 2010 recodification; Ord. 40-07 § 1, 2007].

17.54.100 Townhouse/rowhouse standards.

A. There shall be at least 10 feet of separation on end between groups. This space may either be end unit lots or common open space, and, if so, there may be openings in the end units;

B. The number of connected units shall not exceed eight;

C. The director may approve up to a 10 percent deviation from all standards related to townhouse or rowhouse development.

D. Townhouse/rowhouse developments are encouraged, but not required, to provide open space or other amenities typical to multifamily residential developments. Such common areas (including landscaping in private tracts, shared driveways, etc.) shall be maintained by a homeowners association or other legal entity. A homeowners association may also be responsible for exterior building maintenance. A copy of any applicable covenants, restrictions and conditions shall be recorded and provided to the city prior to building permit approval, to check for common area maintenance provisions.

E. As necessary, the city shall require dedication of right-of-way or easements and construction of pathways between townhome lots to implement the city’s standards.

F. Building articulation and modulation shall be incorporated into the design of a townhouses/rowhouses so as to reduce the mass of the structure (e.g., singular continuous rooflines not allowed across the units, garage openings offset; see diagrams).

[Ord. 21-20 § 18, 2020].

17.54.101 Garage and yard sales.

Garage and/or yard sales are allowed in each residential district subject to the following conditions:

A. No residential premises shall have more than six sales per year for a total of not more than 18 days per year.

B. All signs advertising garage or yard sales shall comply with WRMC Title 19. [Ord. 21-20 § 18, 2020].

17.54.102 Stables, corrals and riding arenas.

Public and private stables, corrals and riding arenas shall be located on a parcel of at least one acre in a residential zoning district which allows for such uses. In addition to any setbacks required under Table 17.54.050.1, stables and animal barns may be no closer than 20 feet to any property line, no closer than 50 feet to a neighboring residentially zoned property, and must be at least 60 feet from the front lot line. [Ord. 21-20 § 18, 2020].

17.54.103 Animal raising and keeping.

A. Each dwelling is allowed to keep no more than five (two in RM-6) small domestic animals over the age of six months (see subsection B of this section for poultry);

B. Poultry shall be permitted at one hen per 1,000 square feet of lot area in addition to the small domestic animal allowed under subsection A of this section. Roosters are not permitted;

C. The keeping of large domestic animals for personal use and enjoyment is subject to the following provisions:

1. The lot on which large domestic animals are kept must have a minimum of one-half acre of irrigated pasture, or one acre of nonirrigated area, per large domestic animal;

2. A waste management and pest control plan shall be prepared and implemented to prevent any nauseous, foul, offensive, or unhealthy conditions;

3. The keeping of swine (hogs or pigs) is not permitted;

4. Silage or other odorous feedstuffs are not permitted;

D. No building or structure housing poultry or livestock including, but not limited to, any stable, paddock, yard, runway, pen, coop, hutch or similar enclosure, or any manure pile, shall be located within the front yard nor be closer than 10 feet from any side or rear property line and shall be kept in a clean and sanitary condition; however, the spacing requirement increases to 50 feet from all neighboring residentially zoned property;

E. In residential areas, beekeeping is subject to the following conditions:

1. The number of beehives shall be limited to one beehive per 4,356 gross square feet (one-tenth of an acre) of lot area;

2. Beehives shall be set back a minimum of five feet from a side or rear property line and 20 feet from the front or flanking street property line;

3. A flyaway barrier shall be provided that shall be at least six feet high and consisting of a solid wall, solid fencing material, dense vegetation or combination thereof, that is parallel to the side or rear property line(s) and extends beyond the beehive(s) in each direction that bees are forced to fly at an elevation of at least six feet above ground level over the property lines in the vicinity of the beehives;

4. Beekeepers shall maintain an adequate supply of water for bees located close to the hives;

5. The beekeeper shall be certified by the Washington State Beekeepers Association.

6. The hives shall be registered with the Washington State Department of Agriculture, in accordance with RCW 15.60.021. [Ord. 21-20 § 18, 2020].

17.54.110 Private small wind energy systems.

A. General Standards for Private Small Wind Energy Systems.

1. Private small wind energy systems (SWES) shall only be allowed as an accessory structure/use in conjunction with a single-family residence and shall only supply electrical power solely for the on-site owner’s use, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, the utility company may use excess electrical power generated and not presently needed for on-site use. Power shall not be used for commercial generation purposes.

2. Private SWES may be permitted on parcels with a minimum of 21,780 square feet (one-half acre) or greater.

3. Only one SWES, including related support structures and other associated improvements, per tax lot or parcel.

4. Rooftop METs or SWES are prohibited.

5. Setbacks.

a. Setbacks shall be measured horizontally from the property lines to the outer edge of the base of the MET/SWES structure. Guide cables and other accessory support structures may be located within setback areas.

b. Each tower shall be set back from the nearest property line a distance of one horizontal foot for each vertical foot of tower height.

c. No part of the overall system, including the tower, turbine and guy wire anchors, shall be closer than 20 feet to any property boundary.

6. Tower Height. Maximum tower height shall not exceed the maximum height of the underlying zoning district. Tower height means the distance from grade level of the tower foundation/base to the highest point of the turbine rotator plane.

7. Safety.

a. The blade tip of any wind turbine shall, at its lowest point, have ground clearance of no less than 20 feet, as measured at the lowest point of the arc of the blades.

b. The tower shall be designed and installed so as not to provide accessibility to the public for a minimum height of 15 feet above the ground.

c. All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

d. Appropriate warning signage (e.g., electrical hazards) shall be placed on or near all wind electrical systems.

e. All wind electric systems shall be equipped with overspeed controls to limit rotation of blades to a speed below the designed limits of the system. No changes or alterations from the certified design shall be permitted unless accompanied by a licensed professional engineer’s statement of certification.

8. Sound Level. Noise generated from a wind energy system must comply with Chapter 173-60 WAC, Maximum Environmental Noise Levels, except during short-term events such as severe windstorms.

9. Signs. All signs including flags, streamers and decorative items, both temporary and permanent, are prohibited on any of the wind energy systems and its associated structures, except for manufacturer identification or appropriate warning signs.

10. Visual Requirements.

a. The wind generator and tower shall remain painted or finished in the color or finish that was originally applied by the manufacturer, unless otherwise approved in the building permit.

b. The wind generator and tower shall not be lit with artificial lighting unless required by the Federal Aviation Administration (FAA). If lighting is required, the applicant shall provide a copy of the FAA determination to establish the required markings and/or lights.

11. FAA Regulations. The MET/SWES/WES shall be built to comply with all applicable Federal Aviation Administration regulations including but not limited to 14 C.F.R. Part 77, Subpart B regarding installation close to airports.

12. Compliance with International Building Codes. All wind energy systems shall comply with the Washington State Building Code and adopted International Building Code.

13. Compliance with National Electrical Code. All wind energy systems shall comply with requirements per the Washington State Department of Labor and Industries (L&I) and the current adopted edition of the National Electric Code (NEC).

14. All wind energy systems that are connected to the utility grid shall comply with the requirements of Chapter 80.60 RCW, Net Metering of Electricity.

15. Abandonment. At such time that a wind energy system is scheduled to be abandoned or discontinued, the applicant will notify the director in writing of the proposed date of abandonment or discontinuation of operations. Upon abandonment or discontinuation of use, the owner shall physically remove the wind energy system within 90 days from the date of abandonment or discontinuation of use. Failure to comply with this abandonment requirement shall cause the violator to be subject to enforcement procedures.

B. Application Submittal Requirements.

1. A development permit application form and other applicable forms provided by the department;

2. Site plan and supporting maps/documents detailing:

a. Vicinity map;

b. Property lines and physical dimensions of the applicant’s property;

c. Location, dimensions, and types of existing structures on the property, all property points of access, easements of record, utilities (water, sewer, power, gas, phone, cable), etc.;

d. Location of the proposed wind energy system, foundations, guy anchors and associated equipment;

e. Wind energy system setbacks to property lines, structures on site, structures off site, roads, driveways, etc.;

f. Public or private rights-of-way that are contiguous with the property; and

g. Locations of any underground or overhead utility lines.

3. An engineering analysis, including drawings, of the tower, turbine and all components, showing compliance with the State Building Code and the International Building Codes. A professional engineer licensed in the state of Washington shall certify all standard drawings and engineering analysis;

4. Documentation that the small wind energy system is certified by a national safety certification program recognized by the Washington State Department of Labor and Industries;

5. Copy of electrical application and permitting from the Washington State Department of Labor and Industries;

6. Wind energy systems specification including manufacturer, model, rotor diameter, tower height, tower type and nameplate generation capacity;

7. Manufacturer’s installation manual;

8. Evidence from the electric utility service provider that serves the proposed site that they have been informed of the applicant’s intent to install an interconnected customer-owned electricity generator, unless the applicant does not plan to connect the small wind energy system to the electricity grid;

9. Copy of the sound level analysis prepared by the wind generator manufacturer or qualified engineer; and

10. Evidence that the wind energy system complies with all applicable Federal Aviation Administration (FAA) requirements, including any necessary approvals for installation close to airports. [Ord. 21-20 § 18, 2020].

Article III. Requirements for Multifamily Residential Districts and Multifamily Developments in the Downtown – Mixed Use District

17.54.120 Building articulation.

Building articulation and modulation shall be incorporated into the design of a multifamily building so as to reduce the mass of the structure (e.g., singular continuous rooflines not allowed across the units, garage openings offset; see diagrams).

[Ord. 21-20 § 18, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 19-12 § 1 (Att. A), 2012; Ord. 40-07 § 1, 2007].

17.54.130 Usable outdoor space – Recreational areas – Multifamily development.

Recreation areas shall be established in each multifamily development (excluding duplexes, townhouses and rowhouses) in accordance with the following requirements:

A. One hundred fifty square feet of recreational area times the number of dwelling units, of which no more than 50 percent may be grass/lawn area.

B. The recreation area may contain community clubhouses, swimming pools, shuffleboard courts and similar facilities, provided the total recreation areas meet the above stated minimum size.

C. The recreation areas shall be easily accessible, improved and maintained in such a manner as to provide adequate recreational facilities for the residents of a multifamily development.

D. Development of usable outdoor space aboveground in a multifamily dwelling such as roof terraces, roof decks or balconies may be counted as usable outdoor space (recreation area). The minimum dimension of such balcony, terrace or deck shall be six feet and the minimum area 60 square feet. Such roof terraces, decks or balconies may in turn be roofed and may have screening walls. Such terraces, decks or balconies shall be surfaced for use, but shall not be usable by vehicles. Measurements shall be taken from inside of walls or railings. [Ord. 21-20 § 18, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 19-12 § 1 (Att. A), 2012; Ord. 40-07 § 1, 2007].

17.54.140 Landscaping and parking plans required.

Plans showing the extent and design of the landscaping and parking areas shall be part of the plans required for a building permit. The deferred submittal of such plans is prohibited. [Ord. 21-20 § 18, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 19-12 § 1 (Att. A), 2012; Ord. 40-07 § 1, 2007].

17.54.150 Automobile parking – Double use – Addition to site area.

Automobile parking for multifamily dwellings provided under the floors of, or on the roof of, habitable parts of the building may consider such area as being put to double use and may add to the area of the site two square feet for every square foot of such parking area. [Ord. 21-20 § 18, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 19-12 § 1 (Att. A), 2012; Ord. 40-07 § 1, 2007].

17.54.160 Yard setbacks.

A. Building eaves, cornices, belt courses or similar ornamentations and fireplaces may project over a front, side or rear yard not more than two feet in residential districts; provided, that there is no projection over an easement.

B. Except for the air conditioning compressors of detached single-family residential buildings, cooling towers and similar accessory structures are required to observe all front, side, and rear yard setbacks. The city’s noise ordinance applies to such items. [Ord. 21-20 § 18, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 19-12 § 1 (Att. A), 2012; Ord. 40-07 § 1, 2007].

17.54.170 Landscaping – Maintenance.

Repealed by Ord. 21-20. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 19-12 § 1 (Att. A), 2012; Ord. 40-07 § 1, 2007].

17.54.190 Recreational areas.

Repealed by Ord. 21-20. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 19-12 § 1 (Att. A), 2012; Ord. 40-07 § 1, 2007].

Article IV. Requirements for Nonresidential Districts

17.54.300 Transitional regulations – Design – Advertising – Screening.

A. Permitted uses that are nonresidential shall have exterior designs that are compatible with developments on adjacent or the nearest surrounding residential properties.

B. Parking areas and service yards must be sight screened from any adjoining parcels that are zoned residential.

C. All buildings and developments in a commercial district that are located such that they orient to or face a more restrictive district shall achieve a high standard of architectural design, generally having a character analogous to currently contemporary schools, banks, hospitals, office buildings, etc. No buildings of a strictly utilitarian nature, devoid of the fundamentals of aesthetic or architectural design, shall be permitted in this case. [Ord. 21-20 § 18, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.310 Transitional regulations – Nonresidential building adjoining family residential – Conformance required.

Nonresidential buildings on property adjoining a single-family or multifamily district shall observe and respect the established or potential residential character of that district, be harmonious in site arrangement, compatible in site development and landscaping, and reasonably integrated in such detail as finish material, color, etc. [Ord. 21-20 § 18, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.320 Transitional regulations – Noise and vibration – Baffling required.

Air conditioning units, exhaust fans, compressors or other noise-producing equipment, and service entrances, loading doors, garbage cans and containers shall be so located and baffled that no disturbing sound or vibrations materially affect adjacent residential zoned property, and to be consistent with Chapter 9.38 WRMC. [Ord. 21-20 § 18, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.330 Transitional regulations – Setbacks for development adjacent to residential.

Where an office, commercial, industrial, or other nonresidential building is located on a lot which abuts a lot in a residential district, there shall be provided at least a 10-foot setback from the residential district, provided, when a project covers multiple parcels in common ownership, the setback shall only apply from the property lines at the perimeter of the ownership area. [Ord. 21-20 § 18, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 7-10 § 4, 2010; Ord. 40-07 § 1, 2007].

17.54.335 Landscaping in C-L and C-G districts.

Repealed by Ord. 21-20. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.340 Perimeter screen in the C-L and C-G districts – Shrub requirements.

Repealed by Ord. 21-20. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 7-10 § 5, 2010; Ord. 40-07 § 1, 2007].

17.54.350 Landscaping and screening – Maintenance.

Repealed by Ord. 21-20. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.360 Landscaping and screening in the C-N district – Plot plan approval required.

Repealed by Ord. 21-20. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.370 Traffic circulation plan – Approval required.

The traffic circulation plan for a commercial development and the location and design of access to or from the arterial or adjoining streets must be approved by the city engineer. [Ord. 21-20 § 18, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.380 Noise and vibration – Baffling required.

Repealed by Ord. 21-20. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.390 Architectural design.

Repealed by Ord. 21-20. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.400 Lighting.

Repealed by Ord. 21-20. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.410 Conditional residential buildings.

A. Any building used for conditional residential purposes on the first or second floor shall have a side yard as specified for such dwelling in the RM-10 district.

B. Any building erected to include conditional residential use shall have a rear yard as specified for such dwellings in the RM-10 district. The transition regulations of Chapter 17.75 WRMC shall prevail in all commercial districts. [Ord. 21-20 § 18, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.420 Car washes.

Where allowed, car washes shall be subject to the following:

A. Noise.

1. Manufacturer’s specifications clearly indicating level of noise submitted to city for review.

2. Noise shall be measured at receiving property in dBA to be conducted and approved by qualified professional acceptable to city.

3. Nearest property shall receive noise level not to exceed 57 dBA.

4. Noise generated by all associated equipment on site including vacuums must be designed, oriented and soundproofed to the extent that noise does not exceed that allowed in Chapter 9.38 WRMC.

B. Vehicular Access and Circulation. Stacking length shall provide at least two vehicle spaces per wash line. All maneuvering area, stacking lanes, and exit aprons shall be located within the car wash parcel itself. Public streets and alleys shall not be used for maneuvering or parking by vehicles to be serviced by the car wash.

C. Fencing (When Abutting Residential Property).

1. Minimum six-foot-tall sight obscuring fence is required in conjunction with 10-foot-wide solid (visual) screen landscaping.

2. The “solid screen” must be on the car wash side of the fence.

3. The fence shall be constructed of masonry, wood, or tight-boards with the support on the car wash (site) side of the fence.

4. The fence, solid landscape screen and other landscaping shall be permanently maintained and shall be kept structurally sound and safe.

D. Operation. Business hours shall be limited as according to the regulations of Chapter 9.38 WRMC.

E. All other applicable site planning standards as required by the West Richland Municipal Code shall apply. [Ord. 21-20 § 18, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.430 Mini-storage development standards.

The following requirements are applicable to all new mini-storage complexes and to expansions of existing facilities:

A. Access driveways to all storage units shall be paved and shall include a stormwater drainage system designed and certified by a professional engineer in the state of Washington and be in conformance with the adopted city of West Richland standards.

B. Lighting shall comply with Chapter 17.55 WRMC, Outdoor Lighting Standards.

C. Mini-storage complexes shall be screened from view from adjacent commercial and residential zones. Screening shall be accomplished in one or a combination of the following manners:

1. A six-foot masonry wall.

2. A six-foot fence with 20-foot-wide solid landscape screen.

3. Open style wrought iron fencing with masonry columns or similar may be used along street abutting property lines when complementary landscaping and building design comparable to the commercial design standards is used along the street.

D. All buildings shall have an eave of at least one foot.

E. All buildings shall have a minimum of four feet of masonry wainscoting on the building exterior if visible from a public street.

F. Mini-storage complexes shall meet the requirements of Chapters 17.56 and 17.57 WRMC for the office and parking lot areas as well as street frontage landscaping requirements.

G. Roofing materials shall be designed to be non-reflective to minimize glare on adjacent properties and public ways.

H. Setbacks:

1. Front: 15 feet;

2. Rear: 15 feet;

3. Side: five feet;

4. Other: mini-storage buildings shall be located at least 150 feet from any arterial or collector. [Ord. 21-20 § 18, 2020].

17.54.432 Food vending vehicles.

Food vending vehicles (including mobile trailer units) shall obtain permit approval from the city of West Richland prior to becoming established on a property.

A. Food vending vehicles shall only be authorized within the following zoning districts:

1. Commercial general use (C-G).

2. Downtown – mixed use (D-MU).

3. Combined commercial/light industrial use (C-LI).

4. City parks (CP).

5. Light industrial use (LI).

B. A food vendor permit application shall be submitted along with:

1. Detailed site plan showing the dimensions of the property, existing development (i.e., buildings and other structures), location of the proposed food vending vehicle, existing and proposed parking spaces, ingress/egress, the location of all public utilities, the location, size and appearance of any proposed advertising (a separate sign permit may be required), the location of proposed restroom and refuse facilities, and any other information deemed necessary by the city.

2. Written narrative that addresses the proposed hours of operation, the location of restroom facilities (if any), the types of goods that will be offered for sale, etc.

3. Written authorization from the Benton-Franklin Health District (Food Service Permit and Mobile Unit Identification Number).

4. Proof of an approved Washington State Business License (UBI#) as well as a city of West Richland business license.

5. Proof of Washington State Department of Labor and Industries approval (where applicable).

6. Applicable fees per the West Richland master fee schedule.

C. For those businesses whose base for operations will be their home (within the city of West Richland), a small-scale home occupation permit shall also be obtained from the city of West Richland, and is subject to WRMC 17.54.047.

D. Operational Standards.

1. Any food vending vehicle 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.

2. Vehicle-based food service vendors shall not operate within any public right-of-way.

3. Unless operating for only a very limited time (i.e., only one to two hours) on a given day, vendors must ensure on-site or adjacent restroom facility access for employees. Such facilities shall supply running hot and cold water. Vendors are not authorized to locate at any site where such facilities are unavailable.

4. 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 17.57 WRMC.

5. 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. Vendors are responsible for the proper collection and disposal of on-site litter and waste.

6. 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. [Ord. 21-20 § 18, 2020].

17.54.434 Recreational vehicle storage.

The following requirements are applicable to all new recreational vehicle storage areas and to expansions of existing facilities:

A. Access driveways shall be paved and storage areas shall be paved or prepared with six inches of five-eighths minus gravel and shall include a stormwater drainage system designed and certified by a professional engineer licensed in the state of Washington.

B. All areas shall be maintained in a weed-free condition, be re-graveled as necessary to eliminate dust and shall be subject to a designated and approved customer parking plan that includes physical markers for storage areas and barriers for access drives.

C. Exterior lighting shall comply with Chapter 17.55 WRMC.

D. In addition to the requirements of Chapter 17.56 WRMC, Fencing, Screening and Landscaping, all storage complexes shall have a minimum five-foot landscaped area when adjacent to a residential zoning district.

E. Roofing materials shall be designed to be nonreflective to minimize glare on adjacent properties and public ways.

F. Recreational vehicle storage complexes shall be screened from view from adjacent commercial and residential zones. Screening shall be accomplished in one or a combination of the following manners:

1. A six-foot masonry wall.

2. A six-foot fence with a 20-foot-wide landscape screen.

G. Recreational vehicle storage complexes shall be located at least 150 feet from any arterial or collector. [Ord. 21-20 § 18, 2020].

17.54.436 Veterinary clinic or hospital.

All animals must be confined inside the veterinary clinic or hospital; except animals may be kept in exterior pens and runs if authorized by a conditional use permit in accordance with Chapter 17.66 WRMC. Deceased animals must be disposed of in accordance with all applicable state regulations. [Ord. 21-20 § 18, 2020].

17.54.440 Storage yards.

Repealed by Ord. 21-20. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 7-10 § 6, 2010; Ord. 40-07 § 1, 2007].

17.54.450 Adult use business – Location requirements.

A. Adult use businesses shall be prohibited from locating within 500 feet of any area zoned for residential purposes in the city of West Richland, in adjoining jurisdictions, or in unincorporated lands.

B. Adult use businesses shall be prohibited from locating within 500 feet of any sensitive land uses or other adult use businesses, whether such existing use is located within or outside the jurisdiction of the city.

C. 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.

D. Nothing within the locational requirements set forth herein shall preclude an adult use business from conducting more than one adult use activity within a single structure provided the adult use business shall comply with provisions of this chapter and all other chapters.

E. In the event an adult use business is legally established in accordance with the requirements of this chapter and a sensitive land use as defined in WRMC 17.09.200 locates within the required separation distance, the zoning conformity of the legally established adult use shall not be affected.

F. Nothing in this section is intended to authorize, legalize or permit the establishment, operation, or maintenance of any business, building or use which violates any West Richland Municipal Code 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. 21-20 § 18, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.452 Essential public facilities.

A. The land uses subject to this section are interpreted to have such regional or area-wide impacts that the applicant proposing to locate such use at a new location shall conduct and provide a written summary of a site selection process incorporating the following:

1. A justification of the need for the proposed facility in the proposed location. The applicant shall demonstrate that less impacting alternatives have been considered and found to be infeasible.

2. The applicant shall also describe the process used to identify and evaluate alternative sites.

3. An evaluation of the site’s capability to meet basic siting criteria for the proposed facility, such as size, physical characteristics, access, and availability of necessary utilities and support services.

4. The site’s relationship to the service area and distribution of other similar public facilities within the service area or jurisdiction, whichever is larger.

5. A description of the relative environmental impacts associated with locating the proposed facility at each of the sites that meet the applicant’s basic siting criteria. The applicant shall also identify proposed mitigation measures to alleviate or minimize adverse impacts.

B. Interjurisdictional agreements may be required to be developed to mitigate any disproportionate financial burdens that may fall on the local jurisdiction within which a facility of a state, regional, or county-wide nature is located.

C. If the use will generate substantial traffic, as determined by the city’s traffic engineer, such a facility shall be located near a major transportation corridor. [Ord. 21-20 § 18, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.54.453 Special provisions for specific types of essential public facilities.

Repealed by Ord. 21-20. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].