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ORD 2312ORDINANCENO.)'7/ ~ AN ORDINANCE revising Chapters 18.03, 18.07, 18.09, 18.11, 18.15, 18.19,18.21,18.31,18.39,18.41,18.45,18.47, and 18.55 of the Camas Municipal Code by correcting improper grammar and typographical errors, by including inadvertently omitted sections from the prior zoning code, and by making other mmor reVISIOns. WHEREAS, in 2001, the City Council enacted several ordinances which revised and updated the City's zoning code, and WHEREAS, in the process of adopting said ordinances, there were typographical errors and improper grammar, and WHEREAS, in adopting said ordinances, there were sections from the prior zoning code that were inadvertently omitted, and WHEREAS, the Council also desires to undertake additional minor revisions to the zoning code, NOW, THEREFORE, THE COUNCIL OF THE CITY OF CAMAS DO ORDAIN AS FOLLOWS: Section I Chapter 18.03 of the Camas Municipal Code is amended to read as set forth in Exhibit "A'· attached hereto. Section II Chapter 18.07 of the Camas Municipal Code is amended to read as set forth in Exhibit "B" attached hereto. Section III Chapter 18.09 of the Camas Municipal Code is amended to read as set forth in Exhibit "c" attached hereto. Section IV Chapter 18.11 of the Camas Municipal Code is amended to read as set forth in Exhibit "0" attached hereto. Section V Chapter 18.15 of the Camas Municipal Code is amended to read as set forth in Exhibit "E" attached hereto. Ordinance No. ---Page 2 Section VI Chapter 18.19 of the Camas Municipal Code is amended to read as set forth in Exhibit "F" attached hereto. Section VII Chapter 18.21 of the Camas Municipal Code is amended to read as set forth in Exhibit "G" attached hereto. Section VIII Chapter 18.31 of the Camas Municipal Code is amended to read as set forth in Exhibit "H" attached hereto. ,Section IX Chapter 18.39 of the Camas Municipal Code is amended to read as set forth in Exhibit "I" attached hereto. Section X Chapter 18.41 of the Camas Municipal Code is amended to read as set forth in Exhibit "1" attached hereto. Section XI Chapter 18.45 of the Camas Municipal Code is amended to read as set forth in Exhibit "K" attached hereto. Section XII Chapter 18.47 of the Camas Municipal Code is amended to read as set forth in Exhibit "L" attached hereto. Section XIII Chapter 18.55 ofthe Camas Municipal Code is amended to read as set forth in Exhibit "M" attached hereto. Section XIV This ordinance shall take force and be in effect five (5) days from and after its publication according to law. Ordinance No. ---Page 3 '-/1-- PASSED by the Council and APPROVED by the Mayor this .j / day of March, 2002. I ........ Chapter 18.03 DEFINITIONS Sections: 18.03.010 18.03.020 18.03.030 Purpose. Interpretation of terms. Definitions. 18.03.010 Purpose. 18.03 The purpose of the definitions chapter is to carry out the intent of the City's zoning regulations. The terms defined in this chapter are the minimum necessary to resolve questions of interpretation. Terms not defined shall hold their common and generally accepted meaning, unless specifically defined otherwise in this code. 18.03.020 Interpretation of terms. A. Terms in this Title that are not defined in this chapter hold their common and accepted meaning. B. The following Terms shall be interpreted as follows: 1. Words used in the present tense include the future; 2. The plural includes the singular and vice-versa; 3. The words "will"and "shall" are mandatory; 4. The word "may" indicates that discretion is allowed; 5 . The word "used" includes designed, intended, or arranged to be used; 6. The masculine gender includes the feminine and vice-versa; 7. The word "person" may be taken for persons; 8. The word "building" includes a portion of a building or a portion of the lot on which it stands; 9. Distances shall be measured horizontally unless otherwise specified; 1 O. The word "occupied" includes designed or intended to be used . EXHIBIl --...A'-'--_____ _ PAGE _",-' _OF l..f 0 2 18 .03 Definitions Index: I Land uses 1. Adult entertainment facilities. 2. Adult family home. 3. Animal kennel. 4 . Antique shop. 5. Appliance sales and service. 6 . Assisted living. 7. Automobile repair (garage). 8. Automobile sales, new or used. 9. Automobile service station. 10. Automobile wrecking. 11. Bakery (wholesale). 12. Bakery (retail). 13. Bar. 14. Bed and breakfast inn . 15. Boat sales, repair, rental. 16. Book, stationary, art supply store. 17. Brew Pub. 18. Building, hardware and garden supply store. 19. Bus station. 20. Child care. 21. Church. 22. Clinic. 23. Community center. 24. Convenience store. 25. Convention center . 26. Day-care 27. Delicatessen (deli). 28. Drug store. 29. Fitness center/ sports club. 30. Florist shop. 31. Funeral home. 32. Furniture store. 33. Gas/Fuel Station. 34. Gas/Fuel Station with mini market. 35. Golf course. 36. Grocery, large scale. 37 . Grocery, sma" scale. A 38. Grocery, neighborhood. EXHIBIT 39. Hardware store. PAGE 2, OF 40 40 . Hazardous waste storage. 41. Hazardous waste treatment and storage facility, off-site. 42. Hazardous waste treatment and storage facility, on-site. 3 43. Hazardous waste treatment. 44. Hazardous waste. 45. Home occupation. 46. Hospital. 47. Hotel. 48. Junkyard. 49. Kennel commercial/boarding. 50. Laundry, self serve. 51. Laundry!dry cleaning (commercial). 52. Laundry!dry cleaning (retail) 53. Meeting Facility. 54. Mini storage facility. 55. Motel. 56. Newspaper printing plant. 57. Nursery, plant 58. Nursing, rest or convalescent home. 59. Office supply store. 60. Pawn Shop 61. Pet shop. 62. Pharmacy. 63. Photographic and electronic stores. 64. Print shop. 65. Public agency. 66. Professionaloffice(s). 67. Recreational vehicle (RV) park . 68. Recycling center. 69 . Recycling collection point. 70. Recycling plant. 71. Residential care facility. 72. Restaurant, fast food. 73. Restaurant. 74. Roadside produce stand. 75 . Second-hand! consignment store. 76. Social Gathering Hall 77. Tavern. 78. Use. 79. Veterinarian clinic. 80. Veterinarian hospital. 81. Video rental store. 82. Warehouse, bulk retail. 83. Warehouse, wholesale and distribution. II Buildings and associated terms. 1. Accessory dwelling unit. 2. Accessory structure or use. 3 . Accessory structure, attached . 18.03 EXHIBIT A PAGE .3 4 ~--~''-'''''''~'''''''-'-'-''-- OF 40 18 .03 4. Apartment house. 5. Basement. 6. Breezeway. 7. Building height. 8. Building envelope. 9. Building. 10 . Driveway. 11. Dwelling unit. 12. Dwelling, accessory unit. 13. Dwelling, condominium. 14. Dwelling, duplex, or dwelling, two-family. 15. Dwelling, single family attached. 16. Dwelling, single family. 17. Floor area. 18. Fence 19. Fence, sight-obscurring 20. Garage, private. 21. Garage, public. 22. Guest house. 23. Height of building. 24. Nonconforming building or use. 25. Rowhouses. 26. Story, first. 27. Story, half. 28. Story. 29. Structural alteration. 30. Structure. 31. UBC III Lot and yard definitions 1. Established grade. 2. Grade (adjacent ground elevation). 3. Gross area. 4. Lot area. 5. Lot line, front. 6. Lot line, rear. 7. Lot line, side. 8. Lot width. 9. Lot, corner. 10. Lot, coverage. 11. Lot, depth. 12 . Lot, interior. 13. Lot, line. 14. Lot, through. 15. Lot. EXHI BIT ---LA-:-'-____ . PAGE ~ OF LjO 16. Yard, front. 5 18,03 17. Yard, rear. 18. Yard, side. 19. Yard. 20. Vision clearance area. IV Public Facilities 1. Alley. 2. Facility, essential public. 3. Facility, public . 4. Street. 5. Utility facilities, minor. V Manufactured homes 1. Designated manufactured home. 2. Factory built housing. 3. Manufactured home. 4. Manufactured home park. 5. Mobile home. 6 . Modular home. VI Titles and Terms 1. Adult family home. 2. Annexation. 3. City. 4. Commission. 5. Comprehensive Plan. 6. Council. 7. Court. 8. Family. 9 . Homeowner's Association. 10. People with functional disabilities. 11. Supported living arrangement. VII Planned Developments For related definitions see Section 18.23 .020 "Definitions" in Chapter 18.23 "Planned Residential Developments". VII Sensitive Areas And Open Space For related definitions see Section 18 .31.040 "Definitions" in Chapter 18.31 "Sensitive Areas and Open Space". IX Shorelines EXHIBIT ~A-;--__ _ PAGE -~5_0F l{o--' 6 18.03 For related definitions see Section 18.33.030 "Definitions" in Chapter 18.33 "Shorelines". Signs For related definitions see Section 18.15.030 "Definitions" in Chapter 18.15 "Signs". XI Telecommunications For related definitions see Section 18.35.020 "Definitions" in Chapter 18.35 "Telecommunication Ordinance." XII Wireless For related definitions see Section 18.36.020 "Definitions" in Chapter 18.35 "Telecommunication Ordinance". EXH IBIT ~A~ __ ._ '. ____ . ___ .. _ .. -, PAGE _~fJ2,---OF !-/O 7 18.03 18.03.030 Definitions. Land Uses Adult entertainment facility. Any adult bookstore, adult massage parlor, adult movie theater, adult retail store, adult sauna, adult video store, live adult entertainment establishment, or any combination of the above. Adult family home. The regular family abode of a person or persons who are providing personal care, room and board to more than one but not more than four adults who are not related by blood or marriage to the person or persons providing the services; except that a maximum of six adults may be permitted if the Washington State Department of Social and Health Services determines that the home and the provider are capable of meeting standards and qualifications provided for by law. Adult family homes are a permitted use in all areas zoned for residential use. Animal kennel. See "Kennel." Antique shop. An establishment engaged in the sale of collectibles, relics or objects of an earlier period than the present. Appliance sales and incidental service. An establishment engaged in the sale and repair of household or office tools or devices operated by gas or electric current. Such tools or devices may include stoves, fans, refrigerators, etc. Assisted living. Any group residential program that provides personal care and support services to people who need help with daily living activities as a result of physical or cognitive disability. Assisted living communities usually offer help with bathing, dressing, meals, and housekeeping. The amount of help provided depends on individual needs, however, full time (24 hours a day) care is not needed. Assisted living communities go by a variety of names: adult homes, personal care homes, retirement residences, etc . Automobile repair garage. A building designed and used for the storage, care repair, or refinishing of motor vehicles including both minor and major mechanical overhauling, paint, and body work. Automobile sales, new or used. An establishment that provides for the sale of motorized vehicles as its primary use. Automobile service station. Any premises used primarily for supplying motor fuel, oil, minor servicing, excluding body and fender repair, and for sale of accessories as a secondary service for automobiles at retail direct to the customer. Automobile wrecking. The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts when screened from view from a public roadway and adjoining properties. Bakery (wholesale). An establishment where breads, cakes, pies, pastries, etc. are baked or produced primarily for wholesale rather than retail sale. 18.03 Bakery (retail). An establishment where the majority of retail sale is of products such as breads, cakes, pies, pastries, etc., which are baked or produced and for sale to the general public. Bar. See "Tavern." Bed and breakfast inn. A dwelling or portion thereof, where short-term lodging rooms and meals are provided. The operator of the inn shall live on the premises or in adjacent premises. A bed and breakfast which includes six or more guest rooms shall be classified and defined as a hotel. Boat sales, repair, and rental. A business primarily engaged in sales, repair and/ or rental of new and used motorboats, sailboats, and other watercraft. Also includes businesses primarily engaged in the sale of supplies for boating. Book, stationary, and art supply store. An establishment engaged in the retail sale of books and magazines, stationery, record and tapes, video and art supplies, including uses. Brew Pub. See "Tavern". Building and hardware and garden supply store. An establishment engaged in selling lumber and other building materials such as paint, glass, wallpaper, tools, seeds and fertilizer. Bus station. An establishment for the storage, dispatching, repair and maintenance of coaches and vehicles of a transit system. Child care. See "day care." Church. A permanently located building commonly used for religious worship, fully enclosed with walls and roof. A memorial chapel is similar to a church, with the exception that no funeral home activities, such as embalming or casket display are permitted. Clinic. A building or portion of a building containing offices and facilities for providing medical, dental and psychiatric services for outpatients only. Community center. A facility owned and operated by a public agency or non-profit corporation; provided, that the principal use of the facility is for public assistance, recreation, community improvement, or public assembly. Convenience store. See Grocery, neighborhood. Convention center. An establishment developed primarily as a meeting facility; including facilities for recreation and related activities provided for convention participants, excluding overnight lodging. Day-care center. A state licensed entity regularly providing care for 13 or more children for periods of less than 24 hours. A day-care center is not located in a private family residence unless the portion of the residence to which the children have access is used exclusively for the children during the hours the center is open or is separate from the usual quarters of the family. Day-care, family home. An entity regularly providing care during part of the 24 hour day to six or fewer children in the family abode of the person(s) under whose direction the children are placed; or, A state licensed entity regularly providing care during part of the 24 hour day to between 6 and twelve children in the family abode of the person(s) under whose direction the children are placed. EXHIB IT _Au----=---- PAGE _~<6_0F 1-{ 0 9 18.03 Day-care, mini-center. A_state licensed entity providing care during part of the 24 hour day period for 12 or fewer children in a facility other than the family abode of the person or persons under whose direct care the children are placed, or for the care of seven through twelve children in the family abode of such person or persons. Delicatessen (Deli). Retail food stores selling ready-to-eat food products such as cooked meats, prepared salads or other specialty food items. This definition includes seafood, health food and other specialty foods. Drug store. An establishment engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics, and related supplies. Fitness center/sports club. An establishment engaged in operating physical fitness facilities, sports and recreation clubs. Florist shop. Establishments engaged in the retail sale of flowers and plants. Food delivery business. A business in which food is primarily prepared and sold from a vehicle rather than a site specific building. Restaurants or fast food restaurants with a fixed authorized location are not included in this definition. Funeral home. Building where services and/or ceremonies are held in conjunction with human burial or cremation. Crematories may be an accessory use to a funeral home. Furniture store. Establishments engaged in the retail sale of household Jurniture and furnishings for the home. Gas/Fuel Station. Establishments engaged primarily in the sale of automobile gasoline or other auto fuel to the general public. Gas/Fuel Station with mini market. Establishments engaged in the sale of gasoline or other auto fuel together with a minor incidental building in which incidental items including snack foods and beverages are sold. Golf course. A recreational facility, under public or private ownership, designed and developed for uses including, but not limited to, a golf course, driving range, putt putt golf, and other auxiliary facilities such as a pro shop, caddy shack building, restaurant, meeting rooms, and storage facilities. Grocery, large scale. A retail business enclosed within a structure greater than 30,000 square feet with the majority of sales relating to food for the consumption off-premises. - Grocery, sma" scale. A retail business enclosed within a structure between 6,000 square feet and 30,000 square feet with the majority of sales relating to food for the consumption off-premises Grocery, neighborhood. A retail business enclosed within a structure less than 6,000 square feet with the majority of sales relating to food and associated items. Limited outdoor storage may be permitted; provided it complies with screening requirements. Where outdoor storage occurs, the use shall be defined as a small scale grocery. Hardware store. See "building, hardware and garden supply store." EXHIB IT A ---q #0 PAGE _--'_"----OF -.;.....---10 18.03 Hazardous waste storage. The holding of dangerous waste for a temporary period, as regulated by state dangerous waste regulations, Chapter 173-303, Washington Administrative Code. Hazardous waste treatment and storage facility, off site. Treatment and storage facilities of hazardous wastes generated on properties other than those on which the off-site facility is located. Hazardous waste treatment and storage facility, on site. Treatment and storage of hazardous wastes generated on site. Hazardous waste treatment. The physical, chemical or biological processing of dangerous waste to make waste non-dangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume. Hazardous waste. All dangerous and extremely hazardous, as defined in RCW 70.105.010, except for moderate-risk waste. Home occupation. Any occupation or profession conducted entirely within a dwelling unit by the inhabitants thereof which is clearly incidental and secondary to the use of the premises for dwelling purposes and does not change the residential character thereof. Hospital. An establishment that provides sleeping and eating facilities to persons receiving medical, obstetrical or surgical care and nursing service on a continuous basis. Hotel. A building in which lodging is provided for a fee to guests for up to 30 consecutive nights and may provide such things as restaurants, meeting rooms, and/or other auxiliary facilities and services. Junkyard. See "wrecking yard ." Kennel commercial/boarding. Any premises or building in which four or more dogs or cats at least four months of age kept commercially for board, propagation or sale. Laundry, self service. A business providing home type-washing, drying, and/or ironing is performed primarily by customers. Laundry/dry cleaning (retail). A business providing drop off and pick up services of laundry and dry cleaning. On site laundry services is limited to spot cleaning. Laundry/dry cleaning (commercial). A business providing commercial laundry or dry cleaning services. Meeting facility. A primary or secondary use in which a room or series of rooms are available for businesses purposes on an hourly or daily rate. Mini storage facility. A building consisting of individual, small, self- contained units that are leased or owned for the storage of business and household goods or contractors supplies. Motel. A building or group of buildings in which lodging is provided for a fee to guests for up to 30 consecutive nights and typically do not provide such things as restaurants, meeting rooms, and/or other auxiliary facilities and services. Newspaper printing plant. A building housing a business to include the writing, layout, editing, and publishing of a newspaper. EXHIBIT A 1;0 - PAGE ,0 OF ~--11 18.03 Nursery, plant. An enterprise, establishment, or portion thereof that conducts the retailing or wholesaling of plants grown on the site, as well as accessory items (but not farm implements). The accessory items normally sold include items such as clay pots, potting soil, fertilizers, insecticides, hanging baskets, rakes, and shovels. Nursing, rest or convalescent home. An establishment which provides full time care for three (3) or more chronically ill or infirm persons. Such care shall not include surgical, obstetrical or acute illness services. Office supply store. Stores selling office products such as stationary, legal forms, writing implements, typewriters, computers, copiers, office furniture, and the like. Pawn Shop. redeemed. Establishments who lend money on goods deposited until Pet shop. Establishments engaged in the retail sale of pets, pet food, supplies and the grooming of pets and other small animals. Pharmacy. See "Drug store ." Photographic and electronic stores . Establishments engaged in the retail sale of camera and photographic supplies and a variety of household electronic equipment. Print shop. A retail establishment that provides duplicating services using photocopy, blueprint, and offset printing equipment, including collating of booklets and reports. Public agency. Any agency office for the administration of any governmental activity or program. Professional offices. An office containing activities such as those offered by a physician, surgeon, dentist, lawyer, architect, engineer, accountant, artist or teacher, real estate or insurance sales. Recreational vehicle (RV) park. Any lot of land upon which two or more recreational vehicle sites are located, established, or maintained for occupancy by recreat ional vehicles of the general . public as temporary living quarters for recreation or vacation purposes. Recycling center. A building in which used material is separated and processed prior to shipment to others who will use those materials to manufacture new products. Recycling collection point. A collection point for recoverable resources, such as newspapers, glassware, and metal cans, with processing of items occurring off site. See figure 18.03 -1. Recycli ng plant. A facil ity r;:::============================::;-, that is not a junkyard and in which recoverable resources, such as newspapers, glass, metal cans and other products are reprocessed and treated to return such products to a condition in which they may again be used for production. EXH IBI T ...-U-b _____ . PAGE _-I-\\ __ OF ----:.4_°_ Figure 18.03 -1 Recycling collection point 18.03 Residential care facility. Means a facility, licensed by the state of Washington, that cares for at least five but not more than fifteen people with functional disabilities, and that has not been licensed as an adult family home pursuant to RCW 70.128.175. Restaurant, fast food. An establishment that offers quick food service, which is accomplished through a limited menu of items already prepared and held for seNice, or prepared, fried, or grilled quickly, or heated in a device such as a microwave oven. Orders are not generally taken at the customer's table, and food is generally seNed in disposable wrapping of containers. The establishment may also offer drive-up or drive-through seNice. Restaurant. An establishment that seNes food and beverages primarily to persons seated within the building. This includes cafes, coffee shops, tearooms, and outdoor cafes. Roadside produce stand. Establishment engaged in the retail sale of local fresh fruits and vegetables and having permanent or semi-permanent structures associated with such use. Second-handl consignment store. An establishment engaged in the retail sale of used clothing, sports equipment, appliances and other merchandise. Social gathering hall. A building used primarily by community groups and organizations for meetings, celebrations, bingo and other events. Tavern. An establishment primarily seNing alcoholic beverages for consumption on site. Secondary activities may include dining, music, bottling, and sale of bottled beverages prepared on site. Use. An activity or a purpose for which land ora structure is designed, arranged, or intended , or for which it is occupied or maintained. Veterinarian clinic. A facility established to provide examination, diagnostic, and health maintenance seNices for medical and seNices for medical and surgical treatment of companion animals on an outpatient basis. A veterinarian clinic operates during regular business hours and discharges all patient prior to closing time. Veterinarian hospital. A facility established to provide examination, diagnostic and health maintenance seNices for medical and surgical treatment of companion animals and equipped to provide housing and nursing care for them during illness or convalescence. Video rental store. An establishment engaged primarily in the business of renting video cassettes, DVD's, and games. Warehouse, bulk retail. A building primarily used for the storage and retail sale of large quantities of goods and materials. Warehouse, wholesale and distribution. A use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions. EXHIBIT __ A~ _____ _ PAGE \~ OF -.:11:,....·0 __ 13 18.03 II Buildings Accessory dwelling unit. See Dwelling, accessory unit. Accessory structure or use. A structure or use incidental and subordinate to the principal use or structure and located on the same lot or tract. Accessory structure, attached. A structure that is attached to the principal structure by the wall or roof of the latter or by the roof of the breezeway connecting the accessory and principal structure. Apartment house. A building containing three or more dwelling units on a lot or parcel. See figure 18.03-2. Basement. Any floor level below the first story in a building except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined Figure 18.03 -2 Apartment house herein. Breezeway. A structure for the principal purpose of connecting the main building or buildings on a property with other main buildings or accessory buildings. Building height. The vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater building height: a) The elevation of the highest adjoining sidewalk or ground surface within a 5 foot horizontal distance or the exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above the lowest grade; b) flat root gable, pitched or hipped root mansard roof ~ decl( line -...... ~--t Height of Building , . -l--~---- . Heigrlt of Building Datum 5' . '=.ess than 10' More than 1 0' ___ -' _____ 1_ (A) (8) Figure 18.03 -3 Building height EXHIBIT -J-A--'--________ .~_ PAGE _...!,.\ .;:;.3_0f --,.L/_D __ 14 18.03 An elevation 10 feet higher than the lowest grade when the side walk or ground surface described in subsection a) of this section is more than 10 feet above the lowest grade. The height of a stepped or terraced building is the maximum height of segment of the building. See figure 18.03 -3. Building Envelope. A delineated area identifying where a primary building may be established. For lots contained in an official subdivision plat record before the effective date of the code the building envelope may be taken as shown therein. See figure 18.03 -4. \ .. ".,~ E:""'~l \ " , \ I J I \ :: I \ " I '. •• M _ ~ : _____ • ...; 1""'\ '----..:I Propert y lines Building. Any structure used or intended for supporting or sheltering any use or occupancy. Figure 18.03 -4 Envelooes Driveway. The required traveled path to or through a parking lot for three or more vehicles. A "driveway" also refers to the vehicular access for single family dwelling. Dwelling unit. An independent living unit within a dwelling structure designed and intended for occupancy by not more than one family and having its own housekeeping and kitchen facilities. Hotel, motel, and bed and breakfast that are primarily for transient tenancy are not considered dwelling units. Dwelling, accessory unit. An additional, smaller, subordinate dwelling unit on a lot or attached to an existing or new house. Dwelling, condominium. Two or more units where the interior space of which are individually owned; but the balance of the property (both land and/or building) is owned in common by the collective owners of the individual units. The size of each unit is measure from the interior surfaces of the walls, floors, and ceiling. The balance of the property is called the common area. Dwelling, duplex or two-family. A Building structure containing two dwelling units on one lot. See figure 18.03 -5. Dwelling, single family attached (rowhouse). A single (1) household dwelling attached to another single household dwelling by a common vertical wall, and each dwelling is owned individually and located on a separate lot. These are more commonly referred to as townhouses or rowhouses. Figure 18.03 -5 Two family dwelling or Duplex Dwelling, single family. A detached building containing one dwelling unit. Fence. A structure, other than a building, including landscape planting, designed and intended to serve as a barrier or as a means of enclosing a yard or other structure; or to serve as a boundary feature separating two or more properties. Fence, sight-obscuring. A fence or evergreen planting of such density and so arranged as to obstruct vision. EXHIBIT ~A+--__ :-:-. PACE ~ •. )~, OF ----=-Lft_t:?_ 15 18.03 Floor area. The area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. Garage, private. A building, in which motor vehicles used by the tenants of the building or buildings on the premises are stored or kept. Garage, public. Any other garage other than a private garage. Guest house. An accessory, detached dwelling without kitchen facilities, designed for and used to house transient visitors or guests of the occupants of the main building without compensation. Height of building. See "building height." Nonconforming building or use. Any lawful use or activity involving a building or land occupied or in existence on the effective date of the code, or any amendments thereto, which does not conform to the principal, accessory or conditional uses permitted in or to the density provisions of the zoning district in which located. ". Rowhouses. See "Dwelling, single family attached." Story, first. The lowest story in a building which qualifies as a story, as defined in this chapter, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than eight feet below grade, as defined in this chapter, at any point. Story, half. A space under a roof which has the line of intersection of roof decking and exterior wall face not more than four feet above the top floor level. A half-story containing one or more dwellings shall be counted as a full story. Story. The space between two successive floors in a building. The top floor shall be the space between the floor surface and the underside of the roof framing . A basement shall be counted as a story if over 50% of its ceiling is over 6 feet above the average finished grade of the adjoining ground surface. Structural alteration. Any change to the supporting members of a building including foundations, bearing walls or partitions, columns, beams or gliders, or any structural change in the roof. Structure. That which is built or constructed. An edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner. UBC. Means the Uniform Building Code as adopted by the City Council III Lot and yard definitions Established grade. Means the curb line grade established by the City. Grade (adjacent ground elevation). The lowest point of elevation of the finished surface of the ground paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building. Gross area. The total usable area including accessory and common space dedicated to such things as streets, easements and uses out of character with the principal use, but within a unit of area being measured. EXHIB IT ~ PAGE \:5 ---;;----1/(;-_._--16 18.03 Lot area. The total square footage of a lot. Lot line, front. The case of an interior lot, the lot line separating the lot from the street other than an alley, and in the case of a corner lot, the shortest lot line along a street other than an alley. See Figure 18.03 -8. Lot line, rear. A lot line which is opposite and most distant from the front lot line. In the case of a triangular or irregular shaped lot a line 10 feet in length within the lot parallel to and at the maximum distance from the front lot line. See Figure 18.03.06 and 18.03 -8. Lot line, side. Any lot line not a front or rear lot line. See Figure 18.03 -8. street Lot width. The horizontal distance between the side lot lines at the front line of the building envelope. Figure 18.03 -6 Rear lot line in the case of a triangular lot Lot, corner. A lot abutting on two intersecting streets other than an alley provided that the streets do not intersect at an angle greater than 135 degrees. See Figures 8.04 -7. Lot, coverage. The portion of a lot that is occupied by the principal and accessory buildings, including all projections except eaves, expressed as a percentage of the total lot area. Lot, depth. The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line . Lot, interior. A lot other than a corner lot. See Figure 18.03 -7. Lot, line. The property line bounding a lot. Lot, through . A lot having frontage on two parallel or approximately parallel streets. See Figure 18.03-7 Lot. A parcel of land under one ownership used or capable of being used under the regulations of the code, including both the building site and all Corner Lot Irrterior Lot Corner Lot Interior Lot Flag Through Lot Lot Interior Lot Corner Lot Interior Lot Corner Lot Figure 18.03 -7 Lot configurations required yards and open spaces. A "lot" need not necessarily coincide with the "lot of record" which refers to land designated as a separate and distinct parcel on a legally recorded subdivided plat or in a legally recorded deed filed in the records of the county. EXHIBIT .A PAGE _~\ la_OF LjO 17 ;- "- 18.03 Yard, front. An open space between the side lot lines and measured horizontally from the front lot line at right angles to the front lot line to the nearest point of the building. See figure 1B.03 -B. Yard, rear. An open space between side lot lines and measured horizontally, at right angles from the rear lot line to the nearest point of the main building. See figure 1B.03-B and 1B.03-6. Yard, side. An open space between a building and the side lot line measured horizontally and at right angles from the side lot line to the nearest point of the main building. See figure 1B.03 -B. Yard . An open space, other than a court or accessory structure, unobstructed from the ground to the sky, except where specifically provided by this code, on the lot on which a building is situated. See figure 1B.03 -B . .:. ________ Rear Lot Line Side Lot Line ~------------~--------Side Lot Line I ~\ Rear Yard Side Yard Side Yard .. :w Building Front Yard 1 ~--.......... Front Lot Line Figure 18.03 -8 Yard and lot lines Vision clearance area. A triangular area on a lot at the intersection of two streets, or a street and an alley, or a street and a railroad, two sides of which are lot lines measured from their corner intersection for a distance specified in the code. The third side of the triangle is a line across the corner of the lot adjoining the ends of the other two sides. Where the lot lines at intersections have rounded corners, the lot lines will be extended in a straight line to a point of intersection. See section 1B.17.030 "Vision clearance areas" along with figures 1B.17. -1, and 1B.17 -2. EXHIBIl --".A-,-- PAGE \"1 OF Lt~ 18 18.03 IV Public Utilities/Facilities Alley. A narrow street primarily for vehicular service access to the rear or side of properties otherwise abutting on another street. Facility, essential public. Essential public facilities include those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities, state and local correctional facilities, solid waste handling facilities, and inpatient facilities including substance abuse facilities, mental health facilities, and group homes. Facility, public. Streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, water towers, storm and sanitary sewer systems, parks and recreation facilities, and schools that are open to the general public and owned by or in trust for a government entity. Street. Any thoroughfare or public space not less than 16 feet in width which has been dedicated or deeded to the public for use. Utility facilities, minor. Those facilities which have a local impact on surrounding properties and are necessary to provide essential services such as: Substations (transmission and distribution); 1. Pump stations; 2. Outfalls; 3. Water towers and reservoirs; 4. Public wells; 5. Cable television receiver and transmission facilities, excluding wireless communications facilities as defined in CMC Section 18.35.020; 6. Catch basins, retention ponds, etc.; 7. Water treatment facilities. V Manufactured homes Designated manufactured home. a manufactured home which: (a) is comprised of at least two fully enclosed parallel sections each not less than 12 feet wide by 36 feet long; (b) was originally constructed with and now has composition or wood shake or shingle, coated metal, or similar roof or not less than 3:12 pitch; and (c) has exterior siding similar in appearance to siding materials commonly used on conventional site-built Uniform Building Code single family residences. Factory built housing. A structure constructed in a factory, of factory- assembled parts and transported to the building site in whole or in units which meets the requirements of the Uniform Building Code. The completed structure is not a mobile/manufactured home; this definition includes prefabricated, panelized, and modular units shipped either pre-assembled or assembled at the site. Manufactured home. A single family residence constructed after June 15, 1976, in accordance with the US Department of Housing and Urban Development (HUD) requirements for manufactured housing, and bearing the appropriate insignia indicating such compliance. EXHIBIT .-If..A-:+---~-:­ PAGE _'l.Uoi_OF _L/..:.-O_ 19 18 .03 Manufactured home park. Any property meeting the minimum standards established in Chapter 18.29 "Manufactured Home Park," which would be divided into individual spaces for sale, lease or rent for the accommodation of occupied manufactured/mobile homes. Mobile home. A single family residence transportable in one or more sections that are eight feet or more in width and 32 feet or more in length, built on a permanent chassis, designed to be used as a permanent dwelling and constructed before June 15, 1976. Such home shall be installed in accordance with applicable WAC rules and regulations. Modular home. A structure constructed in a factory in accordance with the Uniform Building Code and bearing the appropriate insignia indicating such compliance. This definition includes "prefabricated," "panelized," and "factory built" units. Such home shall be installed in accordance with applicable WAC rules and regulations. VI Titles and Terms Annexation. The legal process in which a parcel or contiguous group of parcels in an unincorporated area become part of the City taking the action of incorporation. City. The City of Camas. Commission. The Planning Commission of the City of Camas. Comprehensive Plan. The Comprehensive Plan for the City of Camas, comprising plans, maps or reports, or any combination thereof relating to the future economic and physical growth and development of the City. Council. The Council of the City of Camas. Court. A space open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building. Family. And individual, or two or more persons related by blood or marriage, or two persons with functional disabilities as defined in this chapter, or a group of not more than five unrelated persons (excluding servants), living together in the same dwelling unit. Homeowner's Association. An incorporated, nonprofit organization operating under recorded land agreements through which: a) Each lot owner is automatically a member; and b) each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property. People with functional disabilities. A person who, because of a recognized chronic physical or mental condition or disease, is functionally disabled to the extent of: a. Needing care, supervision or monitoring to perform activities of daily or instrumental activities of daily living, or b. Needing supports to ameliorate or compensate for the effects of the functional disability so as to lead as independent a life as possible, or c. Having a physical or mental impairment which substantially limits one or more of such person's major life activities, or EXHI BIT --.t::.AL--""""i"7::--- \5 OF 1-(0 PAGE -q 20 18.03 d. Having a record of having such an impairment, but such term does not include current, illegal use of or active addiction to a controlled substance. Supported living arrangement. A living unit owned or rented by one or more persons with functional disabilities who receive assistance with activities of daily living, instrumental activities of daily living, and/ or medical care from an individual or agency licensed and/or reimbursed by a public agency to provide such assistance. VII Planned Developments. For related definitions see Section 18.23.020 "Definitions" in Chapter 18.23 "Planned Residential Developments." VII Sensitive Areas And Open SpaceSpace. For related definitions see Section 18.31.040 "Definitions" in Chapter 18.31 "Sensitive Areas and Open Space. ' IX Shorelines. For related definitions see Section 18.33.030 "Definitions" in Chapter 18.33 "Shorelines." X Signs. For related definitions see Section 18.15.030 "Definitions" in Chapter 18.15 "Signs." XI Telecommunications. For related definitions see Section 18.35.020 "Definitions" in Chapter 18.35 "Telecommunication Ordinance". X Wireless. For related definitions see Section 18.36.020 "Definitions" in Chapter 18.35 'Telecommunication Ordinance." ( EXHIBIT _A"'----' ___ . __ PAGE &0 Of _L./_D __ 21 Chapter 18.03 DEFINITIONS Sections: 18.03.010 18.03.020 18.03.030 Purpose. Interpretation of terms. Definitions. 18.03.010 Purpose. '18.03 The purpose of the definitions chapter is to carry out the intent of the City's zoning regulations. The terms defined in this chapter are the minimum necessary to resolve questions of interpretation. Terms not defined shall hold their common and generally accepted meaning, unless specifically defined otherwise in this code. 18.03.020 Interpretation of terms. A. Terms in this Title that are not defined in this chapter hold their common and accepted meaning. B. The following Terms shall be interpreted as follows: 1. Words used in the present tense include the future; 2 . The plural includes the singular and vice-versa; 3. The words "will"and "shall" are mandatory; 4. The word "may" indicates that discretion is allowed; 5. The word "used" includes designed, intended, or arranged to be used; 6. The masculine gender includes the feminine and vice-versa; 7. The word "person" may be taken for persons; 8. The word "building" includes a portion of a building or a portion of the lot on which it stands; 9. Distances shall be measured horizontally unless otherwise specified; 1 o. The word "occupied" includes designed or intended to be used. EXHltll1 A -,-.. ---~--......... ~ .. - 40 PAGE ~\ OF -~-2 18.03 Definitions Index: I Land uses 1. Adult entertainment facilities. 2. Adult family home. 3. Animal kennel. 4. Antique shop. 5. Appliance sales and service. 6. Assisted living. 7. Automobile repair (garage). 8. Automobile sales, new or used . 9. Automobile service station . 10 . Automobile wrecking. 11. Bakery (wholesale). 12. Bakery (retail). 13. Bar. 14 . Bed and breakfast inn. 15. Boat sales, repair, rental. 16. Book, stationary, art supply store . 17. Brew Pub. 18. Building, hardware and garden supply store. 19. Bus station. 20. Child care. 21. Church . 22. Clinic. 23. Community center. 24 . Convenience store. 25. Convention center. 26 . Day-care 27. Delicatessen (deli). 28 . Drug store. 29 . Fitness center/ sports club. 30. Florist shop. 31. Funeral home. 32. Furniture store. 33. Gas/Fuel Station. 34. Gas/Fuel Station with mini market. 35 . Golf course . 36 . Grocery, large scale. 37 . Grocery, small scale. 38. Grocery, neighborhood . 39. Hardware store. 40. Hazardous waste storage. 41. Hazardous waste treatment and storage facility, off-site. 42. Hazardous waste treatment and storage facility, on-site. 3 --~---------------------------------------------------------- 43. Hazardous waste treatment. 44. Hazardous waste. 45. Home occupation. 46. Hospital. 47. Hotel. 48. Junkyard. 49. Kennel commercial/boarding. 50. Laundry, self serve. 51 . Laundry/dry cleaning (commercial). 52. Laundry/dry cleaning (retail) 53. Meeting Facility. 54. Mini storage facility. 55. Motel. 56. Newspaper printing plant. 57. Nursery, plant 58. Nursing, rest or convalescent home. 59. Office supply store. 60. Pawn Shop 61. Pet shop. 62. Pharmacy. 63 . Photographic and electronic stores. 64. Print shop. 65. Public agency. 66. Professionaloffice(s). 67 . Recreational vehicle (RV) park. 68 . Recycling center. 69 . Recycling collection point. 70. Recycling plant. 71. Residential care facility. 72. Restaurant, fast food. 73. Restaurant. 74. Roadside produce stand. 75. Second-hand/ consignment store . 76 . Social Gathering Hall 77. Tavern. 78 . Use. 79. Veterinarian clinic. 80 . Veterinarian hospital. 81. Video rental store. 82. Warehouse, bulk retail. 83. Warehouse, wholesale and distribution. II Buildings and associated terms. 1. Accessory dwelling unit. 2. Accessory structure or use. 3. Accessory structure, attached. EXHIBIT ~A:.J __ --:-:--:--- PAGE Ii?, Of LIO 18 .03 4 18 .03 4. Apartment house. 5. Basement. 6. Breezeway. 7. Building height. 8. Building envelope. 9. Building. 10. Driveway. 11. Dwelling unit. 12. Dwelling, accessory unit. 13. Dwelling, condominium. 14. Dwelling, duplex, or dwelling, two-family. 15. Dwelling, single family attached. 16. Dwelling, single family. 17. Floor area. 18. Fence 19. Fence, sight-obscurring 20. Garage, private. 21. Garage, public. 22. Guest house. 23. Height of building. 24. Nonconforming building or use. 25. Rowhouses. 26. Story, first. 27. Story, half. 28. Story. 29. Structural alteration. 30. Structure. 31. UBC III Lot and yard definitions 1. Established grade. 2. Grade (adjacent ground elevation). 3. Gross area. 4. Lot area. 5. Lot line, front. 6. Lot line, rear. 7. Lot line, side. 8. Lot width. 9. Lot, corner. 10. Lot, coverage. 11. Lot, depth. 12. Lot, interior. 13. Lot, line. 14. Lot, through. 15. Lot. 16. Yard, front. 5 18 .0 3 17. Yard, rear. 18. Yard, side. 19. Yard. 20. Vision clearance area. IV Public Facilities 1. Alley. 2. Facility, essential public. 3. Facility, public. 4. Street. 5. Utility facilities, minor. V Manufactured homes 1. Designated manufactured home. 2. Factory built housing. 3. Manufactured home. 4. Manufactured home park. 5. Mobile home. 6. Modular home. VI Titles and Terms 1. Adult family home. 2. Annexation. 3. City. 4. Commission. 5. Comprehensive Plan. 6. Council. 7. Court. 8. Family. 9. Homeowner's Association. 10. People with functional disabilities. 11. Supported living arrangement. VII Planned Developments For related definitions see Section 18.23.020 "Definitions" in Chapter 18.23 "Planned Residential Developments". VII Sensitive Areas And Open Space For related definitions see Section 18.31.040 "Definitions" in Chapter 18.31 "Sensitive Areas and Open Space". IX Shorelines EXHIBIT ~A~ ____ _ PAGE ~5 OF /fo 6 18.03 For related definitions see Section 18.33.030 "Definitions" in Chapter 18.33 "Shorelines". Signs For related definitions see Section 18.15.030 "Definitions" in Chapter 18.15 "Signs". XI Telecommunications For related definitions see Section 18.35.020 "Definitions" in Chapter 18.35 "Telecommunication Ordinance." XII Wireless For related definitions see Section 18.36.020 "Definitions" in Chapter 18.35 "Telecommunication Ordinance". 7 18.03 18.03.030 Definitions. Land Uses Adult entertainment facility. Any adult bookstore, adult massage parlor, adult movie theater, adult retail store, adult sauna, adult video store, live adult entertainment establishment, or any combination of the above. Adult family home. The regular family abode of a person or persons who are providing personal care, room and board to more than one but not more than four adults who are not related by blood or marriage to the person or persons providing the services; except that a maximum of six adults may be permitted if the Washington State Department of Social and Health Services determines that the home and the provider are capable of meeting standards and qualifications provided for by law. Adult family homes are a permitted use in all areas zoned for residential use. Animal kennel. See "Kennel." Antique shop. An establishment engaged in the sale of collectibles, relics or objects of an earlier period than the present. Appliance sales and incidental service. An establishment engaged in the sale and repair of household or office tools or devices operated by gas or electric current. Such tools or devices may include stoves, fans, refrigerators, etc. Assisted living. Any group residential program that provides personal care and support services to people who need help with daily living activities as a result of physical or cognitive disability. Assisted living communities usually offer help with bathing, dressing, meals, and housekeeping. The amount of help provided depends on individual needs, however, full time (24 hours a day) care is not needed. Assisted living communities go by a variety of names: adult homes, personal care homes, retirement residences, etc. Automobile repair garage. A building designed and used for the storage, care repair, or refinishing of motor vehicles including both minor and major mechanical overhauling, paint, and body work. Automobile sales, new or used. An establishment that provides for the sale of motorized vehicles as its primary use. Automobile service station. Any premises used primarily for supplying motor fuel, oil, minor servicing, excluding body and fender repair, and for sale of accessories as a secondary service for automobiles at retail direct to the customer. Automobile wrecking. The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts when screened from view from a public roadway and adjoining properties. Bakery (wholesale). An establishment where breads, cakes, pies, pastries, etc. are baked or produced primarily for wholesale rather than retail sale. EXHIBIT A PAGE -:;:~~l~-oF-LA-t3-·-8 18 .03 Bakery (retail). An establishment where the majority of retail sale is of products such as breads, cakes, pies, pastries, etc., which are baked or produced and for sale to the general public. Bar. See "Tavern." Bed and breakfast inn. A dwelling or portion thereof, where short-term lodging rooms and meals are provided. The operator of the inn shall live on the premises or in adjacent premises. A bed and breakfast which includes six or more guest rooms shall be classified and defined as a hotel. Boat sales, repair, and rental. A business primarily engaged in sales, repair and/ or rental of new and used motorboats, sailboats, and other watercraft. Also includes businesses primarily engaged in the sale of supplies for boating. Book, stationary, and art supply store. An establishment engaged in the retail sale of books and magazines, stationery, record and tapes, video and art supplies, including uses. Brew Pub. See "Tavern". Building and hardware and garden supply store. An establishment engaged in selling lumber and other building materials such as paint, glass, wallpaper, tools, seeds and fertilizer. Bus station. An establishment for the storage, dispatching, repair and maintenance of coaches and vehicles of a transit system. Child care. See "day care." Church. A permanently located building commonly used for religious worship, fully enclosed with walls and roof. A memorial chapel is similar to a church , with the exception that no funeral home activities, such as embalming or casket display are permitted. Clinic. A building or portion of a building containing offices and facilities for providing medical, dental and psychiatric services for outpatients only. Community center. A facility owned and operated by a public agency or non-profit corporation; provided, that the principal use of the facility is for public assistance, recreation, community improvement, or public assembly. Convenience store. See Grocery, neighborhood. Convention center. An establishment developed primarily as a meeting facility; including facilities for recreation and related activities provided for convention participants, excluding overnight lodging. Day-care center. A state licensed entity regularly providing care for 13 or more children for periods of less than 24 hours. A day-care center is not located in a private family residence unless the portion of the residence to which the children have access is used exclusively for the children during the hours the center is open or is separate from the usual quarters of the family. Day-care, family home. An entity regularly providing care during part of the 24 hour day to six or fewer children in the family abode of the person(s) under whose direction the children are placed; or, A state licensed entity regularly providing care during part of the 24 hour day to between 6 and twelve children in the family abode of the person(s) under whose direction the children are placed. EXHIBiT .....;A~L-----~=--­ PAGE ~ Z OF _~_O_ 9 18.03 Day-care, mini-center. A_state licensed entity providing care during part of the 24 hour day period for 12 or fewer children in a facility other than the family abode of the person or persons under whose direct care the children are placed, or for the care of seven through twelve children in the family abode of such person or persons. Delicatessen (Deli). Retail food stores selling ready-to-eat food products such as cooked meats, prepared salads or other specialty food items. This definition includes seafood, health food and other specialty foods. Drug store. An establishment engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics, and related supplies. Fitness center/sports club. An establishment engaged in operating physical fitness facilities, sports and recreation clubs. Florist shop. Establishments engaged in the retail sale of flowers and plants. Food delivery business. A business in which food is primarily prepared and sold from a vehicle rather than a site specific building. Restaurants or fast food restaurants with a fixed authorized location are not included in this definition. Funeral home. Building where services and/or ceremonies are held in conjunction with human burial or cremation. Crematories may be an accessory use to a funeral home. Furniture store. Establishments engaged in the retail sale of household furniture and furnishings for the home. Gas/Fuel Station. Establishments engaged primarily in the sale of automobile gasoline or other auto fuel to the general public. Gas/Fuel Station with mini market. Establishments engaged in the sale of gasoline or other auto fuel together with a minor incidental building in which incidental items including snack foods and beverages are sold. Golf course. A recreational facility, under public or private ownership, designed and developed for uses including, but not limited to, a golf course, driving range, putt putt golf, and other auxiliary facilities such as a pro shop, caddy shack building, restaurant, meeting rooms, and storage facilities. Grocery, large scale. A retail business enclosed within a structure greater than 30,000 square feet with the majority of sales relating to food for the consumption off-premises. Grocery, small scale. A retail business enclosed within a structure between 6,000 square feet and 30 ,000 square feet with the majority of sales relating to food for the consumption off-premises Grocery, neighborhood. A retail business enclosed within a structure less than 6,000 square feet with the majority of sales relating to food and associated items . Limited outdoor storage may be permitted; provided it complies with screening requirements. Where outdoor storage occurs, the use shall be defined as a small scale grocery. Hardware store. See "building, hardware and garden supply store." EXHIBIT _..::t.A~_----:-:-::-­p~G£~9 __ OF i/O _ 10 18 .03 Hazardous waste storage. The holding of dangerous waste for a temporary period, as regulated by state dangerous waste regulations, Chapter 173-303, Washington Administrative Code. Hazardous waste treatment and storage facility, off site. Treatment and storage facilities of hazardous wastes generated on properties other than those on which the off-site facility is located. Hazardous waste treatment and storage facility, on site. Treatment and storage of hazardous wastes generated on site. Hazardous waste treatment. The physical, chemical or biological processing of dangerous waste to make waste non-dangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume. Hazardous waste. All dangerous and extremely hazardous, as defined in RCW 70.105.010, except for moderate-risk waste. Home occupation. Any occupation or profession conducted entirely within a dwelling unit by the inhabitants thereof which is clearly incidental and secondary to the use of the premises for dwelling purposes and does not change the residential character thereof. Hospital. An establishment that provides sleeping and eating facilities to persons receiving medical, obstetrical or surgical care and nursing service on a continuous basis. Hotel. A building in which lodging is provided for a fee to guests for up to 30 consecutive nights and may provide such things as restaurants, meeting rooms, and/or other auxiliary facilities and services. Junkyard. See "wrecking yard." Kennel commercial/boarding. Any premises or building in which four or more dogs or cats at least four months of age kept commercially for board, propagation or sale. Laundry, self service. A business providing home type-washing, drying, and/or ironing is performed primarily by customers. Laundry/dry cleaning (retail). A business providing drop off and pick up services of laundry and dry cleaning. On site laundry services is limited to spot cleaning. Laundry/dry cleaning (commercial). A business providing commercial laundry or dry cleaning services. Meeting facility. A primary or secondary use in which a room or series of rooms are available for businesses purposes on an hourly or daily rate. Mini storage facility. A building consisting of individual, small, self- contained units that are leased or owned for the storage of business and household goods or contractors supplies. Motel. A building or group of buildings in which lodging is provided for a fee to guests for up to 30 consecutive nights and typically do not provide such things as restaurants, meeting rooms, and/or other auxiliary facilities and services . Newspaper printing plant. A building housing a business to include the writing, layout, editing, and publishing of a newspaper. EXHIBIT --.::A~---M4.a~­ PAGE --,3:=.-D_OF --- 11 18.03 Nursery, plant. An enterprise, establishment, or portion thereof that conducts the retailing or wholesaling of plants grown on the site, as well as accessory items (but not farm implements). The accessory items normally sold include items such as clay pots, potting soil, fertilizers, insecticides, hanging baskets, rakes, and shovels. Nursing, rest or convalescent home . An establishment which provides full time care for three (3) or more chronically ill or infirm persons. Such care shall not include surgical, obstetrical or acute illness services. Office supply store. Stores selling office products such as stationary, legal forms, writing implements, typewriters, computers, copiers, office furniture, and the like. Pawn Shop. redeemed. Establishments who lend money on goods deposited until Pet shop. Establishments engaged in the retail sale of pets, pet food, supplies and the grooming of pets and other small animals. Pharmacy. See "Drug store." Photographic and electronic stores. Establishments engaged in the retail sale of camera and photographic supplies and a variety of household electronic equipment. Print shop. A retail establishment that provides duplicating services using photocopy, blueprint, and offset printing equipment, including collating of booklets and reports. Public agency. Any agency office for the administration of any governmental activity or program. Professional offices. An office containing activities such as those offered by a physician, surgeon, dentist, lawyer, architect, engineer, accountant, artist or teacher, real estate or insurance sales. Recreational vehicle (RV) park. Any lot of land upon which two or more recreational vehicle sites are . located, established, or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes. Recycling center. A building in which used material is separated and processed prior to shipment to others who will use those materials to manufacture new products. Recycling col/ection point. A collection point for recoverable resources, such as newspapers, glassware, and metal cans, with processing of items occurring off site. See figure 18 .03 -1 . Recycling plant. A facility r.:============================:;-) that is not a junkyard and in which recoverable resources, such as newspapers, glass, metal cans and other products are reprocessed and treated to return such products to a condition in which they may again be used for production . EXHIBI T ..;!,A~ __ -;-:-::-- PAGE _2>_\ ___ OF Lj()-Figure 18.03 -1 Recycling collection point 18.03 Residential care facility. Means a facility, licensed by the state of Washington, that cares for at least five but not more than fifteen people with functional disabilities, and that has not been licensed as an adult family home pursuant to RCW 70.128.175. Restaurant, fast food. An establishment that offers quick food service, which is accomplished through a limited menu of items already prepared and held for service, or prepared, fried, or grilled quickly, or heated in a device such as a microwave oven. Orders are not generally taken at the customer's table, and food is generally served in disposable wrapping of containers. The establishment may also offer drive-up or drive-through service. Restaurant. An establishment that serves food and beverages primarily to persons seated within the building. This includes cafes, coffee shops, tearooms, and outdoor cafes. Roadside produce stand. Establishment engaged in the retail sale of local fresh fruits and vegetables and having permanent or semi-permanent structures associated with such use. Second-handl consignment store. An establishment engaged in the retail sale of used clothing, sports equipment, appliances and other merchandise. Social gathering hall. A building used primarily by community groups and organizations for meetings, celebrations, bingo and other events. Tavern. An establishment primarily serving alcoholic beverages for consumption on site. Secondary activities may include dining, music, bottling, and sale of bottled beverages prepared on site. Use. An activity or a purpose for which land or a structure is designed, arranged, or intended, or for which it is occupied or maintained. Veterinarian clinic. A facility established to provide examination, diagnostic, and health maintenance services for medical and services for medical and surgical treatment of companion animals on an outpatient basis. A veterinarian clinic operates during regular business hours and discharges all patient prior to closing time. Veterinarian hospital. A facility established to provide examination, diagnostic and health maintenance services for medical and surgical treatment of companion animals and equipped to provide housing and nursing care for them during illness or convalescence. Video rental store . An establishment engaged primarily in the business of renting video cassettes, DVD's, and games. Warehouse, bulk retail. A building primarily used for the storage and retail sale of large quantities of goods and materials. Warehouse, wholesale and distribution. A use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions. EXHIBIT ~AL..!. __ --:-:-- PAGE ~ OF 1(0 13 18.03 1/ Bui/dings Accessory dwelling unit. See Dwelling, accessory unit. Accessory structure or use. A structure or use incidental and subordinate to the principal use or structure and located on the same lot or tract. Accessory structure, attached. A structure that is attached to the principal structure by the wall or roof of the latter or by the roof of the breezeway connecting the accessory and principal structure. Apartment house. A building containing three or more dwelling units on a lot or parcel. See figure 18.03-2. Basement. Any floor level below the first story in a building except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein. Breezeway. A structure for the Figure 18.03 -2 Apartment house principal purpose of connecting the main building or buildings on a property with other main buildings or accessory buildings. Building height. The vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater building height: a) The elevation of the highest adjoining sidewalk or ground surface within a 5 foot horizontal distance or the exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above the lowest grade; b) gable, pitched or hipped roof flat roof ------~:--t Heigt1t of Building 5' , I::.ess than 1 0' (A) mansard roof (--------"1 .:<- \ deck line Heigrlt of Building 5' Dtltum ~ More than 10' _________ :1._ (B) Figure 18.03 -3 Building height 14 '18.03 An elevation 10 feet higher than the lowest grade when the side walk or ground surface described in subsection a) of this section is more than 10 feet above the lowest grade. The height of a stepped or terraced building is the maximum height of segment of the building. See figure 18.03 -3. Building Envelope. A delineated area identifying where a primary building may be established. For lots contained in an official subdivision plat record before the effective date of the code the building envelope may be taken as shown therein . See figure 18.03 -4. \""'~ E~""'''j , I. I \ I I I \ :: I \ I I I '., ---~ : ------..; ""\ '-----.::I Propert y lines Building. Any structure used or intended for supporting or sheltering any use or occupancy. Figure 18.03 -4 EnveloDes Driveway. The required traveled path to or through a parking lot for three or more vehicles. A "driveway" also refers to the vehicular access for single family dwelling. Dwelling unit. An independent living unit within a dwelling structure designed and intended for occupancy by not more than one family and having its ' own housekeeping and kitchen facilities. Hotel, motel, and bed and breakfast that are primarily for transient tenancy are not considered dwelling units. Dwelling, accessory unit. An additional , smaller, subordinate dwelling unit on a lot or attached to an existing or new house. Dwelling, condominium. Two or more units where the interior space of which are individually owned; but the balance of the property (both land and/or building) is owned in common by the collective owners of the individual units. The size of each unit is measure from the interior surfaces of the walls, floors, and ceiling. The balance of the property is called the common area. Dwelling, duplex or two-family. A two dwelli ng untts on on e lot -~-----------------------~ Building structure containing two dwelling units on one lot. See figure 18.03 -5. Dwelling, single family attached (rowhouse). A single (1) household dwelling attached to another single household dwelling by a common vertical wall, and each dwelling is owned individually and located on a separate lot. These are more commonly referred to as townhouses or rowhouses. Figure 18.03 -5 Two family dwelling or Duplex Dwelling, single family. A detached building containing one dwelling unit. Fence. A structure, other than a building, including landscape planting, designed and intended to serve as a barrier or as a means of enclosing a yard or other structure; or to serve as a boundary feature separating two or more properties. Fence, sight-obscuring. A fence or evergreen planting of such density and so arranged as to obstruct vision . EXHIBIT .A ---------- PAGE _ 3 L{ Of 2/0 15 18.03 Floor area. The area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. Garage, private. A building, in which motor vehicles used by the tenants of the building or buildings on the premises are stored or kept. Garage, public. Any other garage other than a private garage. Guest house. An accessory, detached dwelling without kitchen facilities, designed for and used to house transient visitors or guests of the occupants of the main building without compensation. Height of building. See "building height." Nonconforming building or use. Any lawful use or activity involving a building or land occupied or in existence on the effective date of the code, or any amendments thereto, which does not conform to the principal, accessory or conditional uses permitted in or to the density provisions of the zoning district in which located. Rowhouses. See "Dwelling, single family attached." Story, first. The lowest story in a building which qualifies as a story, as defined in this chapter, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than eight feet below grade, as defined in this chapter, at any point. Story, half. A space under a roof which has the line of intersection of roof decking and exterior wall face not more than four feet above the top floor level. A half-story containing one or more dwellings shall be counted as a full story. Story. The space between two successive floors in a building. The top floor shall be the space between the floor surface and the underside of the roof framing. A basement shall be counted as a story if over 50% of its ceiling is over 6 feet above the average finished grade of the adjoining ground surface. Structural alteration. Any change to the supporting members of a building including foundations, bearing walls or partitions, columns, beams or gliders, or any structural change in the roof. Structure. That which is built or constructed. An edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner. UBC. Means the Uniform Building Code as adopted by the City Council 11/ Lot and yard definitions Established grade. Means the curb line grade established by the City. Grade (adjacent ground elevation). The lowest point of elevation of the finished surface of the ground paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building. Gross area. The total usable area including accessory and common space dedicated to such things as streets, easements and uses out of character with the principal use, but within a unit of area being measured. A 16 EX HiBiT ~ 'pAGE .35 OF Lf 0 18.03 o Lot area. The total square footage of a lot. Lot line, front. The case of an interior lot, the lot line separating the lot from the street other than an alley, and in the case of a corner lot, the shortest lot line along a street other than an alley. See Figure 18.03 -8 . Lot line, rear. A lot line which is opposite and most distant from the front lot line. In the case of a triangular or irregular shaped lot a line 10 feet in length within the lot parallel to and at the maximum distance from the front lot line. See Figure 18.03.06 and 18.03 -8. Lot line, side. Any lot line not a front or rear lot line. See Figure 18.03 -8. /\~ ~ ".r lot nn, / w\ street Lot width. The horizontal distance between the side lot lines at the front line of the building envelope. Figure 18.03 -6 Rear lot line in the case of a triangular lot Lot, corner. A lot abutting on two intersecting streets other than an alley provided that the streets do not intersect at an angle greater than 135 degrees. See Figures 8.04 -7. Lot, coverage. The portion of a lot that is occupied by the principal and accessory buildings, including all projections except eaves, expressed as a percentage of the total lot area. Lot, depth. The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line. Lot, interior. A lot other than a corner lot. See Figure 18.03 -7. Lot, line. The property line bounding a lot. Lot, through. A lot having frontage on two parallel or approximately parallel streets. See Figure 18.03 -7 Lot. A parcel of land under one ownership used or capable of being used under the regulations of the code, including both the building site and all Corner Lot Interior Lot Interior Lot Flag Lot Corner Lot Irrterior Lot Figure 18.03 -7 Corner Lot Tt1roLlgh Lot Interior Lot Corner Lot Lot configurations required yards and open spaces. A "lot" need not necessarily coincide with the "lot of record" which refers to land designated as a separate and distinct parcel on a legally recorded subdivided plat or in a legally recorded deed filed in the records of the county. ~XHI8IT --:;;A~ __ , ___ ~, 17 PAGE 2?(P OF LjO ,.- "- 18 .0 3 Yard, front. An open space between the side lot lines and measured horizontally from the front lot line at right angles to the front lot line to the nearest point of the building. See figure 1B.03 -B. Yard, rear. An open space between side lot lines and measured horizontally, at right angles from the rear lot line to the nearest point of the main building. See figure 18.03-B and 1B.03-6. Yard, side. An open space between a building and the side lot line measured horizontally and at right angles from the side lot line to the nearest point of the main building. See figure 1B.03 -B. Yard. An open space, other than a court or accessory structure, unobstructed from the ground to the sky, except where specifically provided by this code, on the lot on which a building is situated. See figure 1B.03 -8. ,.,.,;.-----Rea r Lot Li n e ~\ I ------------r;:---------i--------Side Lot Line Side Lot Line \. >.: Side Yard ~l4iIFlIlil.?ide Yard .. ____________ :~ _____ L-.U.lWllllW Building Line j/' I Front Yard 1 ~------Front Lot Line Figure 18.03 -8 Yard and lot lines Vision clearance area. A triangular area on a lot at the intersection of two streets, or a street and an alley, or a street and a railroad, two sides of which are lot lines measured from their corner intersection for a distance specified in the code. The third side of the triangle is a line across the corner of the lot adjoining the ends of the other two sides. Where the lot lines at intersections have rounded corners, the lot lines will be extended in a straight line to a point of intersection. See section 1B.17.030 "Vision clearance areas" along with figures 18.17. -1, and 18.17 -2. EXHIBIT ---C.A....L-__ -:-:-. PAGE :3 J OF .LIO 18 18.03 IV Public Utilities/Facilities Alley. A narrow street primarily for vehicular service access to the rear or side of properties otherwise abutting on another street. Facility, essential public. Essential public facilities include those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities, state and local correctional facilities, solid waste handling facilities, and inpatient facilities including substance abuse facilities, mental health facilities, and group homes. Facility, public. Streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, water towers, storm and sanitary sewer systems, parks and recreation facilities, and schools that are open to the general public and owned by or in trust for a government entity. Street. Any thoroughfare or public space not less than 16 feet in width which has been dedicated or deeded to the public for use. Utility facilities, minor. Those facilities which have a local impact on surrounding properties and are necessary to provide essential services such as: Substations (transmission and distribution); 1. Pump stations; 2. Outfalls; 3. Water towers and reservoirs; 4. Public wells; 5. Cable television receiver and transmission facilities, excluding wireless communications facilities as defined in CMC Section 18.35.020; 6. Catch basins, retention ponds, et'c.; 7. Water treatment facilities. V Manufactured homes Designated manufactured home. a manufactured home which: (a) is comprised of at least two fully enclosed parallel sections each not less than 12 feet wide by 36 feet long; (b) was originally constructed with and now has composition or wood shake or shingle, coated metal, or similar roof or not less than 3:12 pitch; and (c) has exterior siding similar in appearance to siding materials commonly used on conventional site-built Uniform Building Code single family residences. Factory built housing. A structure constructed in a factory, of factory- assembled parts and transported to the building site in whole or in units which meets the requirements of the Uniform Building Code. The completed structure is not a mobile/manufactured home; this definition includes prefabricated, panelized, and modular units shipped either pre-assembled or assembled at the site. Manufactured home. A single family residence constructed after June 15, 1976, in accordance with the US Department of Housing and Urban Development (HUD) requirements for manufactured housing, and bearing the appropriate insignia indicating such compliance. EXHIB IT --....A--1-_ PAGE ----..;:3~'6~OF ----'-L)~o _ 19 18 .03 Manufactured home park. Any property meeting the minimum standards established in Chapter 18.29 "Manufactured Home Park," which would be divided into individual spaces for sale, lease or rent for the accommodation of occupied manufactured/mobile homes. Mobile home. A single family residence transportable in one or more sections that are eight feet or more in width and 32 feet or more in length, built on a permanent chassis, designed to be used as a permanent dwelling and constructed before June 15, 1976. Such home shall be installed in accordance with applicable WAC rules and regulations. Modular home. A structure constructed in a factory in accordance with the Uniform Building Code and bearing the appropriate insignia indicating such compliance. This definition includes "prefabricated," "panelized," and "factory built" units. Such home shall be installed in accordance with applicable WAC rules and regulations. VI Titles and Terms Annexation. The legal process in which a parcel or contiguous group of parcels in an unincorporated area become part of the City taking the action of incorporation. City. The City of Camas. Commission. The Planning Commission of the City of Camas. Comprehensive Plan. The Comprehensive Plan for the City of Camas, comprising plans, maps or reports, or any combination thereof relating to the future economic and physical growth and development of the City. Council. The Council of the City of Camas. Court. A space open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building. Family. And individual, or two or more persons related by blood or marriage, or two persons with functional disabilities as defined in this chapter, or a group of not more than five unrelated persons (excluding servants), living together in the same dwelling unit. Homeowner's Association. An incorporated, nonprofit organization operating under recorded land agreements through which: a) Each lot owner is automatically a member; and b) each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property. People with functional disabilities. A person who, because of a recognized chronic physical or mental condition or disease, is functionally disabled to the extent of: a. Needing care, supervision or monitoring to perform activities of daily or instrumental activities of daily living, or b. Needing supports to ameliorate or compensate for the effects of the functional disability so as to lead as independent a life as possible, or c. Having a physical or mental impairment which substantially limits one or more of such person's major life activities, or A 20 EXHIBIT _"'-./..,1-1" _____ _ PAGE ~q Of -f/tL---c. 18.03 d. Having a record of having such an impairment, but such term does not include current, illegal use of or active addiction to a controlled substance. Supported living arrangement. A living unit owned or rented by one or more persons with functional disabilities who receive assistance with activities of daily living, instrumental activities of daily living, and/ or medical care from an individual or agency licensed and/or reimbursed by a public agency to provide such assistance. VII Planned Developments. For related definitions see Section 18.23.020 "Definitions" in Chapter 18.23 "Planned Residential Developments ." VII Sensitive Areas And Open SpaceSpace. For related definitions see Section 18.31.040 "Definitions" in Chapter 18.31 "Sensitive Areas and Open Space. IX Shorelines. For related definitions see Section 18.33.030 "Definitions" in Chapter 18.33 "Shorelines." X Signs. For related definitions see Section 18.15.030 "Definitions" in Chapter 18.15 "Signs." XI Telecommunications. For related definitions see Section 18.35.020 "Definitions" in Chapter 18.35 "Telecommunication Ordinance". X Wireless. For related definitions see Section 18.36 .020 "Definitions" in Chapter 18.35 "Telecommunication Ordinance." EXHIBIT ~A""':'---4~O::­ PAGE _.-LlJ_O_OF --- 21 Chapter 18.07 USE AUTHORIZATION Sections: Establishment of uses. Interpret~tion of uses. 18.07 18.07.010 18 .07.020 18.07.030 Table -1 Commercial Industrial and High Technology land uses 18.07.040 Table -2 Residential and Multifamily land uses. 18.07.010 Establishment of uses. The use of a property is defined by the activity for which the building or lot is intended, designed, arranged, occupied, or maintained. The use is considered permanently established when that use will or has been in continuous operation for a period exceeding sixty days. A use which will operate for less than sixty days is considered a temporary use, and shall be governed by Chapter 18.47 "Temporary Use Permits." All applicable requirements of this code, or other applicable state or federal requirements, shall govern a use located in the City of Camas. 18.07.020 Interpretation of land use tables. The land use tables in this chapter determine whether a specific use is allowed in a zone district. The zone district is located on the vertical column and the specific use is located on the horizontal rows of these tables. A. If the letter "X" appears in the box at the intersection of the column and the row, the use is not allowed in that district, except for certain temporary uses . B. If the letter "P" appears in the box at the intersection of the column and the row, the use is allowed in that district subject to review procedures in accordance with Chapter 18.55, "Development Code Administration." C. 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 18.43 "Conditional Use Permits" and the general requirements of the Camas Municipal Code. D. If the letter "T" appears in the box at the intersection of the row, the use is temporarily permitted under the procedures of Chapter 18.47 "Temporary Use Permits". Other temporary use not listed, may be authorized as provided in Chapter 18.47. E. If a number appears in a box at the intersection of the column and the row, the use is subject to the requirements specified in the note, corresponding with the number, immediately following the table. EXHI BI T _'b.=..----- PAGE _-"-) __ OF 1 27 18 .07 F. Uses accessory to a use permitted or conditionally permitted in any zone may be authorized subject only to those criteria and/or processes deemed applicable by the head of the Planning Department. G. If a use is not listed under either section 18.07.030 Table 1 or Table 2 and not an accessory or temporary use, then the use shall be governed by Chapter 18.49 "Unclassified Use Permits," and other applicable requirements, or whatever review process is deemed more applicable by the head of the , Planning Department. (A use listed in one table but not the other shall be consider a prohibited use in the latter) 18.07.030 Table -1, Commercial, Industrial and High Technology land uses. P = Permitted Use C = Conditional Use x = Prohibited Use T = Temporary Use NC DC CC RC Ll/BP LI HI ------_ .. ------------------------------- Commercial Adult entertainment facility (1), (6) X X X X X X C Animal kennel, conm1erciallboarding (6) X X X C X X X Animal shelter (6) X X X C X C P Antique shop (6) P P P P X X P Appliance sales and service (6) X P P P X C P Automatic teller machines (ATM) (6) P P P P peS) P P Automobile repair (garage) (6) X C C P X P P Automobile sales, new or used (6) X C X P X P P Automobile service station (6) X C C P X P P Automobile wrecking (6) X X X X X X C Bakery (wholesale) (6) X X X P peS) P P Bakery (retail) (6) P P P P peS) P P Banks, savings and loan associations (6) X P P P peS) P P Barber and beauty shops (6) P P P P peS) P P Boat building (6) X X X C X C P Boat repair and sales (6) X C X P X P P Book store (6) C P P P peS) P P Bowling alley/ billiards (6) X P X P X P P Building, hardware and garden supply X C C P X P P store (6) Bus station (6) X P C P X P P Cabinet and carpentry shop (6) X C C P peS) P P Candy and confectionery store (6) P P P P peS) P P 28 ~ EXH IBIT ---,------P.~GE. _~_. __ OF _1~- Commercial -continued NC DC CC Cart vendors (6) C P C Cemetery (6) X X X Clothing store (6) C P P Coffee shop or cafe (6) P P P Convention center (6) X C X Day-care center (6) C P P Day-care, family home (6) P P P Day-care, mini-center (6) P P P . Delicatessen (deli) (6) P P P Department store (6) X P C Equipment rental (6) C C C Feed store (6) X X X Fitness center/sports club (6) X P P Funeral home (6) X P C Florist shop (6) P P P Food delivery business (6) X P C Furniture repair and upholstery (6) X P C Fumiture store (6) X P C Gas /Fuel Station (6) X C C Gas /Fuel Station with mini market (6) X C C Grocery, large scale (6) X P C Grocery, small scale (6) X P C Grocery, neighborhood scale (6) P P P Hospital, emergency care (6) X C P Hotel, motel (6) X C C Household appliance repair (6) X C C Industrial supplies store (6) X C X Laundry/dry cleaning (commercial) X X X Laundry/dry cleaning (retail) (6) P P P Laundry (self serve) P P P Liquor store (6) X C C Machine shop (6) X X X Medical or dental clinics (out patient) (6) C P P Mini-storage/ vehicular storage (6) X X C Manufactured home sales lot (6) X X X Newspaper printing plant (6) X P C Nursery, plant (6) X C C Nursing, rest or convalescent home (6) C P P Office supply store (6) X P P RC LIIBP LI HI P P(5) P P C X C P P X P P P P(5) P P C P C X C P(5) C C P P(5) P X P P(5) P X P P(5) P P P X P X C P(5) P P P X P P P P(5) P P P X X X P P(5) P X P X P X P X P P P X P X P X P P P X P P P X P P P X P P P P(5) P X P X P X P X P X P X P P C X C P P X P P P P(5) P P P X P P P X C C C P(5) C P P P(5) P P C X P P P X P P C X P P C X C P P X X X P P(5) P .P EX iIB!T 1 --------- PAGE ~ OF _1-,-_ 18 .0 "' 29 18 .07 Commercial-continued NC DC CC RC LI/BP LI HI Pawn Shop (6) X X X X X C C Parcel freight depots (6) X C X P P(5) P P Pet shops (6) X P P P X P C Pharmacy (6) X P P P P(5) P P Photographic! electronics store (6) X P P P P(5) P P Plumbing, or mechanical service (6) X X X P X P P Printing, binding, blue printing (6) C P P P P(5) P P Professional office(s) (6) C P P P P P P Public agency (6) C P P P P P P Real estate office (6) C P P P T P P Recycling center (6) X X X X X P P Recycling collection point (6) TorC TorC TorC TorC P(5) P P Recycling plant (6) X X X X X C P Research facility (6) X C C C P P P Restaurant (6) C P P P P(5) P P Restaurant, fast food (6) X P C P P(5) P P Roadside produce stand (6) T T T T T T T Sand, soil, gravel sales and storage (6) X X X X X C P Second-hand! consignment store (6) C P P P X P P Shoe repair and sales (6) P P P P X P P Taverns (6) X C C P X P P Theater, except drive-in (6) X P C P X P P Truck terminals (6) X C X C X C P Veterinary clinic (6) X C C P X P P Video rental store (6) P P P P X P X Warehousing, wholesale and trade (6) X X X C P(5) P P Warehousing, bulk retail (6) X X X C X P P Manufacturing and/or processing of the following: Cotton, wool, or other fibrous material X X X X X P P Food production or treatment X X X C X P C Foundry X X X X X C C Furniture manufacturing X X X X X P P Gas, all kinds (natural, liquefied, ... ) X X X X X X C Gravel pits! rock quarries X X X X X C P Hazardous waste treatment -off site X X X X X X P Hazardous waste treatment -on site X X X X X X P Junkyard! wrecking yard X X X X X X C Metal fabrication and assembly X X X X X X P ~ 30 EXHiBIT PAGE :l OF 7 Manufacturing and/or processing of NC DC the following: Paper, pulp or related products X X Signs or other advertising structures X X Electronic equipment X X Heavy Industry NC DC High-tech industry X X Musical instruments, toys , novelties X X Optical goods X C Packaging of prepared materials. X X Scientific and precision instruments X X RecreationaIlReligious/Cultural Auditorium (6) C P Community club (6) C P Church (6) P P Golf course/ driving range (6) P X Library (6) C P Museum (6) C P Recreational vehicle park (6) X X Open space (6) P P Park or playground (6) P C Sports fields (6) C X Trails P P Educational College/ university (6) P P Elementary school (6) P P Junior or senior high school (6) P P Private, public or parochial school (6) P P Trade, technical or business college (6) P P Residential Uses Adult family home C P Assisted Living C P Bed and breakfast P P Boarding house C P Designated manufactured home X X Duplex or two-family dwelling C C Group home C P Home occupation P P Housing for the disabled P P Apartment C P Nursing homes/ convalescent homes X P Residence connected with a business P P CC RC LIIBP LI X X X CC X X C C X P P P P P P X P P P P P P P P P P P P P C C P P P C P P X X X C P C X P P RC LIIBP LI X P(2) X X X C C peS) P .p peS) C X P P P X P P X P P X P P peS) P P X P P X P C X P P P P P P P P X P P P P P X P P X P P X P P X P P P P P X P P X X P X P P X P C X X C X P P X P P X P P X X C X P P X P P X P EXHIBIT -~;:. ~------;=--­ PAGE ... 5 OF -~- 18 .0 7 HI P P P HI X P P p P P P P p P P P P P P P P P P P P X X X X X X X X X X X X 31 18.07' Residential Uses continued NC DC CC RC LIIBP LI HI Single family attached (eg . Rowhouses) C C C C X X X Single family dwelling P X C C X X X Communication, Utilities & Facilities Major telecommunication facility (6) X X X X X X C Minor telecommunication facility P P P P P C P Wireless communications facility (6) (3) (3) (3) (3) (3) (3) (3) Facilities, minor public P P P P P C P Facility, public (excludes schools) (6) P P P P P C P Facility, essential (6) X X C C P C C Railroad tracks and facilities (6) C C C C X C C Temporary Uses -- Residential structure used as a temporary T T T T T T T sales office for a development (4) . . .. 1. See Chapter 18 .3 7 "Adult Entertainment" for additional regulations for siting adult entertainment facilities. 2. Similar uses are permitted in the zone district only at the discretion of the City Planner . 3. See "Telecommunication Ordinance" for wireless communication uses permitted according to the zone district. 4 . See Chapter 18.47 'Temporary Uses" for additional regulations . 5. See secondary use provisions of Ll/BP zone. 6. See Chapter 18 .19 Design Review for additional regulations . Chapter 18.19 is not applicable to development in the Ll/BP zone. 18.07.040 Table -2, Residential and Multi-family land uses. P = Pemritted Use C = Conditional Use X = Prohibited Use T = Temporary Use AUTHORIZED USES IN RESIDENTIAL AND MULTIFAMILY ZONES -~~-~ .. 1" ~ ~ Residential Uses Adult family homes P P Boarding house X C Designated manufactured homes C C . Duplex or two-family dwelling C P Group homes P P Manufactured home X X Manufactured home park X C Apartments P(2) P EXHll3l T -']-=--.--.~--..... --... -.. --.-o 1 PAGE _ .• --.;t:;;;.---OF -..:..--- 32 18.07 Residential Uses continued R MF Assisted Living (1) C P Retirement center/ convalescent home (1) C P Single family attached (eg . rowhouses) P(2) P Single family dwelling (detached) P P Adult family home; residential care facility ; supported P P living arrangement; or housing for the disabled. (1) Incidental Uses Accessory dwelling unit P P Day-care center (1) C P Day-care, family home P P Day-care, mini-center (1) C P Gardening and horticulture activities P P Home occupation P P Bed and breakfast (1) C C RecreationlReligious/ Cultural Church (1) C C Community clubs, private or public (1) C C Library (1) C C Museum (1) C C Open Space (1) P P Public or semi-public building (1) C C Park or playground (1) C C Sports fields (1) C C Trails P P ,Educational Uses R MF Private, public, or parochial school (1) C C Trade, technical, business college (1) X X College/ university (1) X X Communication & Utilities communication facility (1) Sales office for a development in a dwelling 1. See Chapter 18.19 Design Review for additional regulations. 2. Permitted in the R zones as part of a planned developmement only. 33 EXH IBIT D PAGE _________ 7]"0 . Of __ 1..-_ 18.09 Chapter 18.09 DENSITY AND DIMENSIONS Sections: 18.09.010 Purpose. 18.09.020 Interpretation of tables. 18.09.030 Density and dimensions-commercial and industrial zones. 18 .09.040 Density and dimensions-single family residential zones. 18.09.050 Density and dimensions-multi-family residential zones. 18.09.060 Calculating maximum residential density with sensitive lands. 18.09.070 Table 18.09.080 Lot Sizes 18.09.090 Reduction prohibited. 18.09.100 Lot exception. 18.09.110. Height exception. 18.09.120 Roof overhang exception. 18.09.130 Yard exception . 18.09.140 Front yard exception. 18.09.150 Side yard exception. 18.09.160 Side yard flanking street. 18.09.170 Rear yard exception. 18.09.180 Elevated decks -rear yard exception. 18.09.010 Purpose. The purpose of this chapter is to establish requirements for development relative to basic dimensional standards, as well as specific rules for general application. The standards and rules are established to provide flexibility in project design, and maintain privacy between adjacent land uses, and promote public safety. Supplementary provisions are included to govern density calculations for residential districts and specific deviations from general rules. 18.09.020 Interpretation of tables. A. The Camas Municipal Code 18.09.030 and 18.09.040 (Tables) contain general density and dimension standards of the particular zone districts. Additional rules and exceptions are stated in sections 18.09.060 through 18.09.120. B. The density and dimension tables are arranged in a matrix format on three separate tables and are delineated into three general land use categories: 1. Commercial and Industrial; 2. Single Family Residential; and 3. Multifamily Residential. C. Development standards are listed down the left side of both tables, and the zones are listed across the top . Each cell contains the minimum or maximum requirement of the zone. Footnote numbers identify specific requirements found in the notes immediately following the table. Additional dimensional and density exceptions are included in the sections 18.09.060 through 18.09.190 following the tables. C EX HIBIT -----:::i'~. PAGE I OF-~- 34 18.09.030 Table -1, Density and dimensions: Commercial and Industrial Zones DENSITY AND DIMENSIONS: COMMERCIAL AND INDUSTRIAL ZONES Minimum front rd (feet) (3) (1 ); 10' (2) (1 ) Lot coverage 85% 1. No Limitation. (1) (1) (1) Notspecified 100 (1) (1) (1) Not Specified Not Specified (1 ) (1 ) (1 ) (1 ) (1 ) (1 ) (1) (1) (1) 5' per 1 foot of building height (200' minimum) 100' for building; 15' 25' for parking 25' if abutting a residential area 00' for building; 25 , for parking area (30%) 70% (40%) (45%) acre or less: 35 1 to 2 acres: 45 2 acres or more: 60 2. If along a flanking street of corner lot. 18 .09 (1 ) (1 ) (1 ) (1 ) (1 ) 3. On corner parcels, (parcels bordered by two or more streets), the setback requirements shall be the same for all street frontages. Front setback restrictions shall apply. 4. The densities and dimensions in the Ll/BP zone may be reduced under a Planned Industrial Development. See Chapters 18.20 and 18.21. 5. Single family dwellings, single family attached, and two family dwelling untits shall satisfy the setbacks of Chapter 18.09.040 Table 2, based on comparable lot size. 35 18 ,09 18.09.040 Table-2, Density and Dimensions: Single family residential zones. DENSITY AND DIMENSIONS: SINGLE FAMILY RESIDENTIAL ZONES (1) Minimum lot area (standard )(feet) Minimum lot width (feet) Minimum lot depth (feet) Open Spacel Sensitive Areas (1) & (2) Minimum lot area (feet) Minimum lot width (feet) Minimum lot depth (feet) Setbacks (3) based on ~ Minimum front yard (feet) Minimum side yard and corner lot rear yard (feet) Minimum side yard, flanking a street (feet) Minimum rear yard (feet) Minimum lot frontage on a cul- de-sac or curve (feet) t4i 6,000 7,500 10,000 12,000 60 70 80 90 90 90 100 100 4,200 5,250 7,000 8,400 50 60 60 70 80 80 90 90 §&QQ LQQQ .1!hQQQ .1bQQQ ~ ~ !!L..fi ~ 20 20 20 25 5 5 10 15 20 20 20 25 25 25 25 30 30 30 35 35 15,000 20,000 100 100 100 100 10,500 14,000 80 90 100 100 1MQQ ~ §9Jt ~ 30 30 15 side; 15 20 rear 30 30 35 50 40 40 2. Land subject to open space allocation is governed by Chapter 18.31 "Sensitive Areas and Open Space." Also see Sections 18 .09 .060 through 18 .09.090 in this Chapter. 3. Setbacks may be reduced to be consistent with average lot sizes. Notwithstanding the setbacks requirements of this chapter, setbacks and or building envelopes clearly established on an approved plat or development shall be applicable. 4. Maximum building height: Three stories and a basement, not to exceed height listed. C. EXHIBIT ____ --::::--_ PAGE eEL 3 ,Of -.:g~- 36 18 .09 18.09.050 Table 3, Density and Dimensions: Multifamily residential zones DENSIITY AND DIMENSIONS: MULTI-FAMILY RESIDENTIAL ZONES (1) Maximum density (dwelling nits per acre) Standard Lots Minimum lot area (square 6,000 3,000 6,000 2,200 6,000 1,800 feet) Minimum lot area per 4,356 3,000 2,420 2,200 1,815 1,800 dwelling unit (square feet) Minimum lot width (feet) 60 30 60 30 60 20 Minimum lot depth (feet) 90 75 90 70 90 65 Setbacks Minimum front yard (feet) 15 15 15 10 15 10 Minimum side yard (feet) (3) 10 5 10 5 10 5 Minimum side yard, flanking 15 15 15 15 15 15 a street (feet) Minimum rear yard (4) 10 10 10 10 10 10 Lot coverage Maximum building lot 45% 55% 55% 65% 65% 75% coverage Building height Maximum building height 35 35 45 35 45 (feet) (5) 1. For additional density proVisions, see Sections -18.09.060 through 18.09.190. 2. For single family attached housing (i.e. rowhouses). 3. For single family attached housing, the setback for the non-attached side of a dwelling unit shall be 5 feet. 4. For single family attached housing, the R zone property setback for the non-attached rear of a dwelling unit shall be 10 feet, except abutting MF, where the rear yard may be no less than 90% of the adjacent zone. 5. Maximum building height: three stories and a basement but not to exceed height listed above. c ~ -~--rV i t lnl , _---"'·n 'DI . --7{-""'.\ . _ . Of _ . _n pi\Gt - - 37 45 '18.09 18.09.060 Calculating maximum residential density with sensitive lands. A. Purpose. To achieve the density goals of the Comprehensive Plan with respect to the urban area, while preserving environmentally sensitive lands and the livability of the single family residential neighborhoods, while also maintaining compatibility with existing residences. B. Scope. This section shall apply to new development in all Residential (R) zoning districts. C. Density Transfer. Property developed in residential zones may transfer density from areas on the site that are identified as sensitive lands or open space set aside. The maximum density of the site shall be calculated based on the net acreage. (The net acreage is the gross site area minus 20% to be dedicated for public rights- of-way). The following table identifies the percentage of density that may be transferred from sensitive lands and open space areas to the unencumbered portions of the site. 18.09.070 Table-1, Set Asides. Type of land to be set aside Percent of land that may be used to transfer density Wetlands and wetland buffers 100% Unstable slope 0% Hillsides of 0-40% slope 100% Hillsides of 40%+ slope 30% Streams and watercourses and buffers 0% Archeological or historical sites 100% Open Space Network 100%, (if the open space network contains sensitive areas, then the density transfer shall be based on the percentages given for the sensitive areas). Natural Open Space 100% (if the open space network contains sensitive areas, then the density transfer shall be based on the percentages given for the sensitive areas). Recreational Open Space A 20% density bonus is given for planned developments 18.09.080 Lot Sizes. A. In subdivision developments with sensitive lands or open space set aside, the density shall not exceed the density standards of the underlying zone. The lot sizes and setbacks may be reduced by no more than 30% of the underlying zoning c.. 38 :~~~B_IT~~5::==-OF-_-_-<;::. == 18.09 district standards to allow for higher density on the portion of the site that is not encumbered with sensitive or open space areas. B. In planned residential developments with sensitive lands and the required recreational open space set aside, a 20% density bonus on a unit count basis is permitted. Density may be transferred for sensitive areas but the total lot count shall never exceed the number of lots established in the density standards established in 18.23.040 "Density Standards." C. In subdivisions and planned developments, lots abutting single family residential zones of the same or lower density standards, lot sizes and setbacks may be reduced by no more than 10% of the underlying zoning standards. Interior lots in subdivisions may be reduced by not more than 30% of the underlying zoning district standards. (See Figure 18.09.-2) Adjacent Residential zone Adjacent Residential zone Figure 18.09-2 Subdivision lot dimensions with sensitive areas 18.09.090 Reduction Prohibited. No lot area, yard, open space, off-street parking area, or loading area existing after the effective date of the code shall be reduced below the minimum standards required by the code, nor used as another use, except as provided in Chapter 18.41 "Nonconforming uses". 18.09.100 Lot exception. If at the time of passage of the code, a lot has an area or dimension which does not conform with the density provisions of the zoning district in which it is located, the lot may be occupied by any use permitted outright in the district, subject to the other requirements 39 C EXHIBIT --:-----:d~-- PAGE _......;0 __ 0F -----:;l>~_ 18.09 of the district. The person claiming benefits under this section shall submit documentary proof of the fact that the lot existed by title at the time of passage of the code. See section 18.41 .040 "Buildable lot of record." 18.09.110 Height -Exception. The following type of structures or structural parts are not subject to the building height limitations of the code: tanks, church spires, belfries, domes, monuments, fire and hose towers, observation towers, transmission towers, chimneys, flag poles, radio and television towers, masts, aerials, cooling towers, and other similar structures or facilities . The heights of telecommunication facilities are addressed in chapter 18.35. 18.09.120 Roof overhang permitted. The maximum roof over hang may intrude into for yard setbacks shall be as follows: Yard Setback Maximum Roof Overhang 5 feet 2 feet 10 feet 3.5 feet 15 feet 5 feet 15 feet or greater 5 feet 18.09.130 Setback -Exception. A. Cornices, eaves, chimneys, belt courses, leaders, sills, pilasters or other similar architectural or ornamental features (not including bay windows or vertical projections) may extend or project into a required yard not more than two feet. B. Open balconies, unenclosed fire escapes or stairways, not covered by a roof or canopy, may extend or project into a required front yard, or a required rear yard along a flanking street of a corner lot, or into a required side yard not more than three feet. C. Open, unenclosed patios, terraces, roadways, courtyards, or similar surfaced areas, not covered by a roof or canopy and not more than 30 inches from the finished ground surface may occupy, extend or project into a required yard provided that such areas are not used for off-street parking or other purposes not in conformance with the requirements of this code. D. Cantilevered floors, bay windows or similar architectural projections not wider than 12 feet may extend or project into the required side yard along a flanking street of a corner lot not more than two feet. The total of all projections for each building elevation shall not exceed 50% of each building elevation. E. Detached accessory buildings or structures may be established in a side or rear yard provided such structure maintains a minimum setback of 5 feet from side and rear lot lines and a minimum 6 feet setback from any building. In no event shall an accessory building(s) occupy more than 30% of a rear yard requirement. C 40 ::~~glT 7--~;·--······~ 18.09 F. On sloping lots greater than 50%, only uncovered stairways and wheelchair ramps that lead to the front door of a building may extend or project into the required front yard setback no more than five feet in any R1 or MF zone. G. Flag poles may be placed within any required yard but shall maintain a five foot setback from any lot line. 18.09.140 Front yard -exception. A. Commercial and Industrial Districts. For a lot in a NC, CC, RC, LI, or HI district proposed for commercial or industrial development which is across a street from a residential (R) zone, the yard setback from the street shall be 15 feet. B. Sloping Lot in any zone. If the natural gradient of a lot from front to rear along the lot depth line exceeds an average of 20%, the front yard may be reduced by one foot for each 2% gradient over 20%. In no case under the provisions of this subsection shall the setback be less than 10 feet. . 18.09.150 Side yard -exception For a lot in a NC, CC, or RC district containing a use other than a dwelling structure and adjoining a residential zoning district; minimum side yard along a side lot line adjoining a lot in a residential zoning district shall be 15 feet. In the case of a lot in a LI, or HI district the sideyard setbacks shall be 20 feet. If the adjoining residential district is within an area shown in the Comprehensive Plan for future commercial or industrial use or expansion, no minimum side yard shall be required. 18.09.160 Side yard -Flanking street. For a corner lot in a NC, CC, RC, LI, or HI district proposed for commercial or industrial development which is across a street from a residential (R) zone, the yard setback from the street shall be 15 feet. 18.09.170 Rear yard -exception. For a lot in a NC, CC, or RC district containing a use other than a dwelling structure and adjoining a residential zoning district: minimum rear yard along a rear lot line adjoining a side or rear yard of a lot in a residential zoning district shall be 15 feet. In the case of a lot in a LI, or HI district, the rear yard setback shall be 20 feet. If the adjoining residential district is within an area shown in the Comprehensive Plan for future commercial or industrial use or expansion, no minimum rear yard shall be required. 18.09.180 Elevated decks Rear yard setback. The rear yard setback for an elevated deck shall be fifteen feet. As used herein, an elevated deck shall mean a deck thirty inches or more above ground level that is physically attached to a residential structure. The areas covered by an elevated deck shall be counted when calculating the maximum lot coverage permitted under the applicable density provisions. EXH I BIT ---,:C=-:---_---='?'==- PAGE _ ..... ~ ............ _OF ---=-- 41 Chapter 18.11 PARKING Section : 18.11;010 18.11.020 18.11.030 18.11.040 18.11.050 18.11.060 18.11.070 18.11.080 18.11.090 18.11.100 18.11.110 18.11.110 18.11.130 18.11.140 Policy designated. Design. Location. Units of measurement. Change or expansion. Unspecified use. Joint use. Plan submittal. Landscaping. Handicapped Parking. Residential Parking . Additional requirements. Standards . Loading standards. 18.11.010 Policy designated. 18.11 In all districts except for projects one-half block or less in size in the DC district there shall be provided minimum off-street parking spaces in accordance with the requirements of Section 18.11 .020 "Design." Such off-street parking spaces shall be provided at the time of erecting new structures, or at the time of enlarging, moving or increasing the capacity of existing structures by creating or adding dwelling units, commercial or industrial floor space, or seating facilities. Under no circumstances shall off-street parking be permitted in the vision clearance area of any intersection. Off- street parking will only qualify if located entirely on the parcel in question and not on City-owned right-of-way or privately owned streets less than 20 feet in width. Covered parking structures shall not be permitted within the front yard setback or side yard setback along a flanking street. 18.11.020 Design. The design of off-street parking shall be as follows: A. Ingress and egress. The location of all points of ingress and egress to parking areas shall be subject to the review and approval of the City engineer. B Backout prohibited. In all commercial and industrial developments and in all residential buildings containing five or more dwelling units, parking areas shall be so arranged as to make it unnecessary for a vehicle to back out into any street or public right-of-way. C. Parking spaces -access and dimensions. Adequate provisions shall be made for individual ingress and egress by vehicles to all parking stalls at all times by 43 18 .11 means of unobstructed maneuvering aisles. The City Engineer is directed to promulgate and enforce standards for maneuvering aisles and parking stall dimensions, and to make such standards available to the public. D. Small Car Parking Spaces. A maximum of 30% of the total required parking spaces may be reduced in size for the use of small cars, provided these spaces shall be clearly identified with a sign permanently affixed immediately in front of each space containing the notation "compacts only." Spaces designed for small cars may be reduced in size to a minimum of seven and one-half feet in width and fifteen feet in length. Where feasible, all small car spaces shall be located in one or more contiguous areas and/or adjacent to ingress/egress points within parking facilities. Location of compact car parking spaces shall not create traffic congestion or impede traffic flows. 18.11.030 Location. Off-street facilities shall be located as hereafter specified such distance shall be the maximum walking distance measured from the nearest point of the parking facility to the nearest point of the building that such facility is required to serve: A. For single family or two-family dwelling and motels: On the same lot with the structure they are required to serve . B. For multiple dwelling, rooming or lodging house: 200 feet. C. For hospital, sanitarium, home for the aged, or building containing a club: 300 feet. D. For uses other than those specified above: 400 feet. 18.11.040 Units of measurement. A. In a stadium, sports arena, church, or other place of assembly, each 20 inches of bench seating shall be counted as one seat for the purpose of determining requirements for off-street parking facilities. B. For purposes of determining off-street parking as related to floor space of multi- level structures and building, the following formula shall be used to compute gross floor area for parking determination: Main floor ................................... 100% Basement and second floor ....... 50% Additional stories ........................ 25% EXHIBIT --::-1) ____ _ PAGE _~'L=-_OF ---::7 __ 44 18.11 18.11.050 Change or expansion. Except in a DC district, whenever a building is enlarged or altered, or whenever the use of a building or property is changed, off-street parking shall be provided for such expansion or change of use. The number of off street parking spaces required shall be determined for only the square footage of expansion not the total square footage of the building or use; However, no additional off-street parking space need be provided where the number of parking spaces required for such expansion, enlargement or change in use since the effective date of the code is less than 10% of the parking space specified in the code. Nothing in this provision shall be construed to require off-street parking spaces for the portion and/or use of such building existing at the time of passage of the code. 18.1 1.060 Unspecified use. In case of a use not specifically ment ioned in Section 18.11.130 "Standards," the requirements for off-street parking facilities shall be determined by the City Engineer or Planning Commission in accordance with a conditional use permit. Such determination shall be based upon the requirements for the most comparable use l isted. 18 .11.070 Joint use. The Planning Commission may authorize the joint use of parking facilities for the following uses or activities under conditions specified: A. Up to 50% of the parking facilities required by the code for a theater, bowling alley, tavern, or restaurant may be supplied by the off-street parking facilities provided by certain types of buildings or uses herein referred to as "daytime " uses in subsection D of this section. B. Up to 50% of the off-street parking facilities required for any building or use specified in subsection D of this section, "daytime " uses, may be supplied by the parking facilities provided by uses herein referred to as "nighttime or Sunday" uses in subsection E of this section . C. Up to 100% of the parking facilities required for a church or for an auditorium incidental to a public or parochial school may be supplied by the off-street parking facilities provided by uses herein referred to as "daytime" uses in subsection D of this section. D. For the purpose of this section, the following and similar uses are considered as primary daytime uses: banks, offices, retail, personal service shops, household equipment or furniture stores, cloth ing or shoe repair shops, manufacturing or wholesale buildings and similar uses. E. For the purpose of this section, the following and similar uses are considered as primary nighttime or Sunday uses: auditorium incidental to a public or parochial school, churches, bowling alleys, theaters, taverns, or restaurants. EXH iBIT D 45 PAGE _...;;;;3~_Qf _'1!.--_ 18.11 F. Owners of two or more buildings or lots may agree to utilize jointly the same parking space, subject to such conditions as may be imposed by the Commission. Satisfactory legal evidence shall be presented to the Commission in the form of deeds, leases or contracts to establish the joint use. Evidence shall be required that there is no substantial conflict in the principal operating hours of the buildings or uses for which joint off-street parking is proposed. 18.11.080 Plan submittal. Every tract or lot hereafter used as public or private parking area, having a capacity of five or more vehicles, shall be developed and maintained in accordance with the requirements and standards of this chapter. The plan of the proposed parking area shall be submitted to the City engineer at the time of the application for the building for which the parking area is required. The plan shall clearly indicate the proposed development, including location, size, shape, design, curb cuts, lighting, landscaping, and other features and appurtenances required. The parking facility shall be developed and completed to the required standards before an occupancy permit for the building may be issued. 18.11.090 Landscaping. Landscaping requirements for parking areas shall be provided under Chapter 18.13 "Landscaping." 18.11.100 Residential Parking. Residential off-street parking space shall consist of a parking strip, driveway, garage, or a combination thereof and shall be located on the lot they are intended to serve. 18.11.110 Parking for the Handicapped. Off-street parking and access for the physically handicapped persons shall be provided in accordance with the uniform building code. 18.11.110 Additional requirements. In addition to the basic standards and requirements established by other sections of this chapter, the Planning Commission or City Engineer may make such other requirements or restrictions as shall be deemed necessary in the interests of safety, health and general welfare of the City, including, but not limited to, lighting, jointly development of parking facilities, entrances and exits, accessory uses, and conditional exceptions. Further, performance bonds may be required in such cases where the Commission or council determines that such shall be necessary to guarantee proper completion of improvements within time periods specified. 1:)\1-';-::·,,· D l.. ""t'll __ ~ PAGE if OF --1-7 __ 46 18.11 18.11.130 Standards . The minimum number of off-street parking spaces for the listed uses shall be shown in Table 18.11-1, Off-Street Parking Standards. The City Engineer shall have the authority to request a parking study when deemed necessary. Table 18.11·1, Off·Street Parking Standards Use Required No. Off-Street Parking Residential Single Family Dwellina, Du[;!lex, Rowhouse 2 [;!er unit Studio Apt. 1 Apartment 1 bdrm/2+bdrm 1.5/2 Housing for elderly (apt.)/unassisted .33 per unit Retirement dwellings 2 [;!er unit Residential Care Facility/Assisted living 1 per 2 beds + 1 per day shift emp . Home Occupation none Lodging Hotel or motel 1 space per unit plus additional for bars, restaurants, assembly rooms Bed and breakfast 1 space per room Recreation Marina 1 space per 2 slips Miniature golf 1 space per hole Golf course 6 spaces per hole and 1 per employee Golf driving range 1 space per 15 feet of driving line Theater, auditorium 1 space per 4 seats max. occ Stadium, sports arena 1 space per 4 seats or 1 for each 8 feet of benches plus 1 space per 2 employees Tennis, racquetball, handball , courts/club 3 spaces per court or lane, 1 space per 260 sq.ft of gross floor area (GFA) of related uses, and 1 space per employee Basketball, volleyball court 9 spaces per court Bowling, bocce ball center, billiard hall 5 spaces per alley/lane, and/or table. Dance hall, bingo hall, electronic game 1 space per 75sq. ft. of gross floor area (GFA) rooms, and assembly halls without fixed seats Sports club, health slJa, karate club 1 space per 260 sq. ft. GFA plus 1 space per employee Roller rink, ice-skating rink 1 space per 100 sq. ft. GFA Swimming club 1 space per 40 sq. ft. GFA Private club , lodge hall 1 space per 75 sq. ft. GFA Institutional Church/chapel/synagogue/temple 1 space per 3 seats or 6 feet of pews Elementary/middle/junior high school 1 space per employee, teacher, staff and 1 space per 15 students . Senior high school 1 space per employee, teacher and staff member and 1 per 10 students Technical college, trade school, business 1 space per every 2 employees and staff members and 1 per school every full-time student or 3 part-time students University, college, seminary 1 per every 2 employees and staff members and either 1 per every 3 full-time students not on campus or 1 for every 3 part- time students, whichever is greater. Multi-use community centers 1 per 4 seats max. occupancy T\ ~Xh~G :r __ ~~ _____ _ PAGE _....;:::;.5~_OF __ 7:--_ 47 Automobile repair shop, automobile service station, automobile specialty store, automobile b Exhibition halls , showrooms , Contractor's sh 1 8 .1 1 1 per 500 sq ft GFA D ~~~;\_i _-_<0=--_._ ... _OF _7..J----48 18.11 Use Proposed Warehousing, storage 1 per 1000 sq ft GFA Public or private utilitybuildin~ 1_per 1000 sq ft GFA Wholesaling 2 + 1 per 1000 sq ft GFA Research and development 1 per 500 sq ft GFA Ll/BP General Office 1 per employee peak +15% Ll/BP Research 1 per employee peak +10% 18.11.140 Loading Standards. In all districts except the DC districts, buildings or structures to be built or substantially altered which receive and distribute material and merchandise by trucks shall provide and maintain off-street loading berths in sufficient numbers and size to adequately handle the needs of the particular case. The following standards in Table 18.11-2 and 18.11-3, shall be used in establishing the minimum number of berths required: Table 18.11-2, Berth Standards for Commercial and Industrial Buildings. 2 20 ,000-50,000 3 50 ,000-100 ,000 * One additional berth is required for each 50 ,000 in excess of 100,000 Table 18.1 1-3, Berth Standards for Office Buildings,Hotels, Hospitals and other Institutions. U to 100,000 2 100,000 to 300,000 3 300 ,000 to 600 ,000 * One additional berth is required for each 300,000 in excess of 600 ,000 No loading berth shall be located closer than 50 feet to a lot in any residential zoning district unless wholly within a completely enclosed building or unless screened from such lot in the residential district by a wall, fence, or sight-obscuring evergreen hedge not less than six feet in height. EXHIBIT ~V ____ _ .. PAGE _ ...... 7'----OF _7""---- 49 Chapter 18.15 Sections: 18.15.010 18.15.020 18.15.030 18.15.040 18 .15.050 18.15.060 18.15.070 18.15.080 18.15.090 18.15.100 18.15.110 18.15.120 18.15.130 18.15.140 18.15.150 18.15.160 18.15.170 18.15.180 18.15.190 18.16.200 18.16.210 18.15.220 18.15.230 18.15.240 SIGNS Purpose. Scope. Definitions. Compliance with code required. Permit required for signs. Procedures. Administration. Compliance with Building Code. 18.15 Signs permitted in commercial and industrial zones. Signs permitted and regulated in residential and multifamily zones .. Entrance structure sign standards. Freestanding sign standards. Wall sign standards. Projecting and Monument Sign standards. Signs prohibited. Exempt signs. Temporary signs-Permit exemptions. Determination of number of signs. Computation of sign area. Sign Illumination. Maintenance of signs. Determination of legal nonconforming signs. Loss of legal nonconforming status. Maintenance and repair of nonconforming signs. 18.15 .010 Purpose. The City Council finds that: the manner of the construction location and maintenance of signs affects the public health, safety and welfare of the people; the safety of motorists, and other users of the public streets is affected by the number, size, location, lighting and movement of signs that divert attention of such users. Uncontrolled and unlimited signs may degrade the aesthetic attractiveness of the natural and man made attributes of the community that could undermine economic value of tourism, visitation, and economic growth. The regulations in this chapter are found to be the minimum necessary to achieve these purposes. 18.15.020 Scope. This chapter shall not relate to building design. Nor shall this chapter regulate official traffic or government signs; the display of street numbers or any display or construction not defined herein as a sign. Thus, the primary intent of this chapter t.A .. II .... ', _L -. ______ _ Pil.GE _-=--_OF /5 54 18:15 shall be to regulate signs of a commercial nature intended to be viewed from any vehicular or pedestrian right-of-way. 18.15.030 Definitions Abandoned Sign . A sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product, or activity, and/or for which no legal owner can be found. Animated Sign. Any sign which uses movement or change of lighting to depict action or create a special effect or scene. An animated sign shall not mean an "electric message board sign." --...... ~':;~:~ Figure 18 .15030 -1 Typical Awning Awning. A shelter projecting from and supported by the exterior wall of a building, constructed of non-rigid materials on a supporting framework. See figure 18 .15.030-1 Construction Sign. Means a temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participation in construction on the property on which the sign is located. Date of Adoption. The date this ordinance was originally adopted, or the effective date of an amendment to it if the amendment makes a sign nonconforming. Electric message board sign. An incidental sign that uses changing lights to form a sign message or messages in sequence, e.g., time, temperature, or written message. An "electronic message board sign shall not be confused with an "animated sign." Incidental Sign. A small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises , e.g., a credit card sign or sign indicating hours of business . Informational Sign. An on premises sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment, e.g., parking or exit and entrance signs. EXH IBIT _E _____ _ 55 PAG E d-OF 15 18.15 Internally Illuminated Signs. Signs where the source of the illumination is inside the sign and light emanates through the message of the sign, rather than being reflected off the surface of the sign from an external source. Neon signs are considered internally illuminated signs. Multiple-Building Complex. Means a group of structures housing at least one retail business, office, commercial venture or independent or separate part of a business which shares the same lot. Off Premise Sign. Any sign that draws attention to or communicates information about business establishment (or any other enterprise) that exists at a location other than the location of the establishment. Figure 18 .15 .030-42Typical Portable Sign. Portable Sign. Any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. See figure 18.15.030-2. Real Estate Sign. A temporary sign advertising the real estate upon which the sign is located as being for rent, lease, or sale. Roof Sign. Any sign erected over or on the roof of a building. Sign. Any device, structure, or placard using graphics, logos, symbols, and/or written copy designed specifically for the purpose of advertising or identifying any establishment, product , goods, or services. Temporary Sign. A sign that is: 1 )used in connection with a circumstance, situation, or event that is designed, intended, or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign, or 2) is intended to remain on the location where it is erected or placed for a period of not more than 15 days, or a shorter period of time if specified in section 18.15.170 "Temporary Signs-permit exemptions" If a sign display area is subject to periodic changes, that sign shall not be regarded as temporary. E EXHIBIT -==-----S-::--~ PAGE .3:> OF ---J,../_- 56 18 .15 ======= Figure 18 .15.030-6 Vehicular sign Vehicular sign. A vehicle parked along a vehicular right away for the principle purpose of displaying advertising. See figure 18.15.030-6. 18.15.040 Compliance with code required. It is hereafter unlawful for any person to erect, place, or substantially alter a sign in the City except in accordance with the provisions in this chapter. 18.15.050 Permit required for signs. Except as otherwise provided in this chapter, no sign may be erected, placed or substantially altered in the City without securing a permit as provided herein. No permit is required for mere repainting; changing the message of a sign, or routine maintenance shall not in and of itself be considered a substantial alteration. 18.15.060 Procedures. The following procedures shall govern sign permit applications for all signs: A. Any person desiring to install, erect, or place a sign shall first submit to the Public Works Department a plan and profile for such sign. The plan and profile shall also contain a signature line for the applicant containing the promise of the applicant to construct the sign only in accordance with an approved plan and profile; B. The Public Works Department shall review all plans and profiles of this chapter. In granting approval of any sign application, the Public Works Department may impose such modifications and conditions as may be necessary to achieve the purposes of this section, and to satisfy the criteria set forth herein; C. Any person aggrieved by a denial of an application for a sign or seeking relief from the strict application of the requirement or the imposition of modifications and conditions by the Public Works Department may appeal such decision to the Zoning Board of Appeals; E E)(H! 13 11 --=-=-----;-::;:--- U OF ~5 PAGE _--1-4--- 57 18.15 D. All variance requests shall be processed in accordance with the procedures of Chapter 18.45. 18.15.070 Administration. If plans submitted for a Conditional Use Permit or Design Review include sign plans in sufficient detail to determine compliance with the provisions of this chapter, then issuance of such conditional use or design review may constitute approval of the proposed placement of sign or signs (other structural/mechanical permits may be required). Sign permit applications and sign permits shall be governed by the same provisions of this chapter applicable to Title 18, Zoning and Title 15, Building permits. In case of a lot occupied or intended to be occupied by multiple-building complex (i.e., shopping center), sign permits shall be issued in the name of the lot owner or his agent rather than in the name of the individual business enterprise requesting a particular sign. 18.15.080 Compliance with Building Code. All signs shall be constructed in accordance with the requirements of the Uniform Building Code, current adopted edition. 18.15.090 Signs permitted in commercial and industrial zones. The following signs allowed in the NC, DC, CC, RC, U/BP, LI, and HI zoning districts: A. Entrance structures subject to 18 .15.110; B. Two (2) informational sign(s) per entrance/exit per lot, not to exceed six square feet in sign area; C. One (1) freestanding, projecting or monument sign is permitted per street frontage subject to the provision of 18.15.120 or 18.15.140, as applicable. In addition to the requirements of 18.15.120, freestanding signs shall have a setback of 5 feet from all property lines and shall not be located in the vision clearance area, a minimum clearance of 14 feet over any vehicular use area, and 8 feet over any pedestrian use area; D. No more than two wall signs are permitted per building face and not to exceed ten percent (10%) of wall area. E. Incidental signs. Total sign surface area shall not exceed five percent (5%) of the primary building face, nor shall the signs cover more than twenty- five percent (25%) of any window area . Where a wall is composed largely EXHIBIT _E---:--___ -:--_ PAGE ~.5~_OF _/:...,;;;;0 ___ _ 58 18 .15 o~ glass and is transparent, the total incidental sign surface area shall not exceed five percent (5%) of the primary building face. An incidental sign located on or as part of another permitted sign, shall be less than 50% of the size of the primary sign. F. Each multi-building complex, shall be permitted one freestanding directory sign not to exceed 100 squareJeet. The directory sign shall identify two or more establishments and/or the complex as a whole. The directory sign shall be considered an additional permitted sign, allowed beyond the provided elsewhere in this chapter. If a tenant in a multi-building complex has a sign on the freestanding directory sign, then the tenant shall not have an individual freestanding sign; G. On a business or multi-building complex with total frontage on the main street of more than 300 feet, the business or multi-building complex shall be allowed one additional freestanding directional sign for each 300 feet of frontage, not to exceed 100 square feet. Each sign shall be placed not less than 150 feet apart; H. One nonelectric portable sign is permitted per business establishment, not to exceed 6 square feet in sign area. No permit is required for the placement of the portable sign, except if the sign is placed in the public- right-of wayan encroachment permit is required and can be obtained at the public works department. I. In commercial and industrial zones roof signs shall be permitted, provided that the top of the signs do not exceed above the roof line or parapet wall and do not exceed the maximum building height for the zoning district in which the building is located. 18.15.100 Signs permitted and regulated in residential and multifamily zones. The following signs area allowed in Residential (R) and Multifamily (MF) zones: A. Entrance structures as specified in section 18.15.110 "Entrance Structures". B. All freestanding signs for residential uses (e.g. single family home), shall have a maximum height limit of 6 feet, and maximum sign area of 6 square feet, and shall have a setback of 5 feet from any property line. C. For conditional uses permitted residential and multifamily districts such as churches, schools, and civic organizations etc., the standards for signs shall be the same as the standards for signs permitted in commercial and industrial zones. EXHIBIT ~E=-----;"l' 5~­ PAGE _Ce::::£-_Of --1,.::-::;...-- 59 18 .15.110 Figure 18.15.110 -1 Entrance Structures 18.15 ~l-1J..ij l CAMAS ~ ~~ TOWllHOMfS ~-. -----.. Figure 18 .15.110-2 Entrance Structures All entrance structures must conform to the following requirements: A. Location. An entrance structure may be located on one side or both sides of the entrance intersection. If located on both sides of the entrance intersection, each side of the entrance structure shall be proportionate in size and location to the other. No entrance structure or any portion thereof may be erected within any vision clearance area. All entrance structures shall be constructed so that the vision of motorists is not impaired or obstructed in any way. B. Height and Size. No entrance structure shall exceed six (6) feet in height or 15 feet in length, nor 32 square feet in area; C . Permitted . No residential development shall be allowed to have an entrance structure unless it consists of ten or more dwelling units. No commercial development or business park shall have an entrance structure unless it consists of five or more commercial lots or exceeds five acres in size; D. Lighting. An entrance structure shall be illuminated with ground-mounted indirect lighting with a maximum light fixture height of two feet; E. Design. All entrance structures must be designed so as to be compatible with adjacent architecture and landscaping , and must be constructed with materials conductive to abutting structures and the surrounding area; EXHI BI T -=E~ __ PAGE _.-l7,---"_OF 60 18.15 F. Liability. Adequate provisions must be made for ownership and maintenance of the entrance structure by a homeowners association, the developer, the property owner, or some other person or entity acceptable to the City. G. Review. Entrance structures shall be reviewed in accordance with any landscaping plans or Design Review of the development. 18.15.120 Freestanding sign standards. A freestanding sign that is attached to, erected on, or supported by some structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure whose principal function is something other than the support of a sign. See figure 18.15.120-1. grade Figure 18 .15.120-1 Typical Freestanding Sign Freestanding signs are subject to the following: A. Number. Only one freestanding sign shall be permitted per street frontage per entity with the exception of a multi-building complex with street frontage that exceeds 300 feet as addressed in section 18.15.090 "Signs permitted in commercial and industrial zones." A freestanding sign is not permitted in combination with a projecting or monument. B. Size. Freestanding sign surface area shall not exceed ten percent (10%) of the primary buildrng face occupied by the entity. Window areas are to be included in calculating primary building face area. C. Height. Freestanding sign height shall not exceed 25 feet from the ground to the top of sign in any zone, except for billboard signs which are addressed in section 18.15.090 "Signs permitted in commercial and industrial zones". D. Lighting. A freestanding sign may be illuminated or indirectly illuminated. E. Location. A freestanding sign (all portions) shall be set back 5 feet from any property lines. EXH I BIT ..-!,/::::,-----:--::::- PA GE ~g1:.--_0 f IS 61 18.15 18.15.130 Wall sign standards. A wall sign is any sign that is attached parallel to and extending not more than 6 inches from the wall of a building. This definition includes, painted, individual letter, and cabinet signs, and signs on a mansard roof. See figure 18.15.120-1. Camas ConsLilting Figure 18.15.120-1 Wall sign Wall signs are subject to the following: A. Area. The total area of signs located on the wall, or other side surface area such as a canopy, may not exceed ten percent (10%) of the area of the wall or other side surface on which the sign is located; B. Number. No more than two wall signs are permitted per building face. Two wall signs in combination shall not exceed 10% of building face area. C. Location. No sign shall extend above the parapet wall or be placed upon any roof surface except that the roof surfaces constructed at an angle of 75 degrees or more from horizontal shall be regarded as wall space; D. Design. No sign shall project more than 12 inches from the wall or structure surface. 18.15.140 Projecting and Monument Sign standards. A projecting sign is a sign affixed to a building or wall in such a manner that its leading edge extends more than 6 inches beyond the surface of such building or wall. See figure 18.15.140-1. A monument sign is a freestanding sign not more than six feet in height, which is attached to the ground by means of a wide base of solid appearance. See figure 18.15.140-2. 62 18.15 Figure 18.15.140-1 Projecting Sign Figure 18.15.040-2 Typical Monument Sign Projecting and monument signs are subject to the following: A. Size. Projecting and Monument sign surface area shall not exceed ten percent (10%) of the primary building face occupied by the entity. B. Number. Only one projecting or monument sign is permitted per street frontage (either one or the other) and neither is permitted in combination with a freestanding sign. C. Safety. A projecting or monument sign shall not be placed as to obstruct the vision or mobility of a motorist or pedestrian using the streets and sidewalks. No sign shall be placed in the vision clearance area . D. Location. No sign shall be hung so that the bottom is less than 10 feet above the sidewalk and all signs that come within three feet of vertical line with the outside edge of the curb shall be 14 feet above the sidewalk. 18.15.150 Signs prohibited. The following signs are specifically prohibited in the City: A. Signs attached to any telephone, telegraph or electric light pole, or placed in a public right-of-way unless approved by the City Planner; B. Displays of Banners, clusters of flags, posters, pennants, ribbons, streamers, strings of lights, twirlers or propellers, flashing, rotating or blinking lights, flares or balloons or inflated signs over 24 inches in diameter, and similar devices of carnival nature; provided, that certain signs of this nature are permitted on a temporary or limited basis pursuant to section 18.15.170 "Temporary signs-Permit exemptions". C. Any sign that is dangerous because of insecure construction or fastening with resultant danger of falling as determined by the building official, or because it is an extreme fire hazard as determined by the fire Marshall. D. Abandoned sign; E EXHiBI T ~----:-L-;-- PAGE _I....;;;O----OF tJ 63 18 .15 E. Roof sign; F. Animated sign; G. Vehicular sign; H. Signs located in such a manner as to substantially interfere with the view necessary for motorists to proceed safely through intersections or to enter onto or exit from public streets or private roads and driveways; I. Signs erected or placed so that by location, color, size, shape, nature would tend to obstruct the view or be confused with official traffic signage; 18.15.160 Exempt signs. The following signs are exempt from regulation under this chapter: A. Signs not exceeding six (6) square feet in area that are customarily associated with residential use and that are not of a commercial nature, such as: signs giving property identification names or numbers or names of occupants; signs on mail boxes or newspaper tubes; and signs posted on private property, or warning the public against trespassing or danger from animals; B. Integral decorative or architectural features of buildings or works of art, so long as such features or works do not contain letters, trademarks, moving parts or lights; C. Bulletin boards, identification signs and directional signs associated with a Public use, School, Church, or other community based organization that does not exceed one per abutting street on any given lot and 16 square feet in area and that are not internally illuminated; D. Signs painted on or other wise permanently attached to currently licensed motor vehicles that are not primarily used as signs; E. Public service signs, not exceeding two square feet in area, placed in the interior of an establishment's building window or glass door, such as "open or closed," "vacancy," "will return," "no smoking," and other noncommercial messages; G. Signs that constitute an integral part of a vending machine, telephone booth or similar facilities, provided the sign does not interfere with the vision clearance area. EXHIBIT -.!::13.~ ___ _ PAGE __ 'I,--_Of __ L5"",,--_ 64 18.15 18.15.170 Temporary signs-Permit exemptions. The following temporary signs shall not require a permit and, where erected, such temporary signs shall not be counted toward limitations in total sign area and numbers of signs as provided elsewhere in this chapter for permanent signs. However, these temporary signs shall be subject to the specific number, size and time limitation provisions in this section as well as any other specifically applicable requirements of this chapter: A. One Political sign per candidate per street frontage. Sign surface area shall not exceed six (6) square feet for residential zoning districts and shall not exceed 32 square feet for commercial, industrial, and high technology zones. Political signs may not be placed in public right-of-way, public easements, or any property without the permission of the property owner. Such signs shall be removed 14 days following such election or referendum; B. One real estate sign, as defined, per property frontage, not exceeding four square feet in area. Properties with frontage in excess of 400 feet along any public right-of-way may be permitted two real estate signs. Such signs must be removed seven days following sale rental or lease; C. One construction sign, as defined, per lot, not exceeding 32 square feet in area. Construction signs shall not be allowed or erected prior to the issuance of a preliminary plat or other approval, and must be removed within ten days after the issuance of the certificate of the occupancy for building or use on the lot; D. Holiday lights, displays and decorations; E. Special event signs, such as a grand opening, fair, carnival, circus, festival, or similar event is to take place on the lot where the sign is located. Such signs may be erected not sooner than two weeks before the event and must be removed not later than three days after the event; F. Community event sign on or off site. G. One temporary sign not otherwise specified in this section, per lot , not exceeding four square feet in area, and not displayed for more than three consecutive days nor more than ten days during any 365-day period. H. On-premises garage sale signs. EXHiBIT .---:E~ ____ , PAGE / d-OF __ L-..5 _ 65 18.15 18.15.180 Determination of number of signs. For the purpose of determining the number of signs permitted, a sign shall be considered to be a single display surface or display device containing elements organized, related and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, each element shall be considered a single sign. A two-sided or multi-sided sign shall be regarded as one sign. 18.15.190 Computation of sign area . The sign area is defined as the area of the surface or surfaces, which displays letters or symbols identifying the business or businesses occupying the parcel together with any allowable electronic message board. In calculating the sign area, the following apply: Thre e dimen si on al sig n Dou ble face d sign "V" faced si gn S!~ rJ~ ~~ODSJ Figure 18 .15.190-1 Sign surface areas A. The sign area shall not include the base or pedestal to which the sign is mounted. B. The sign surface area of a double-faced sign shall be calculated by using the area of only one side of such sign. See figure 18.15.190-1. c. The sign surface area of a double-faced sign constructed in a "V" shall be calculated by using the area of only one side of such sign . See figure 18.15.190-1. D. The sign surface area of three dimensional signs, shall be computed by including the total of all sides designed to attract attention or communicate information that can be seen at anyone time by a person from one vantage point. See figure 18.15.190-1. EXHIBIT ~E-=-_____ _ PAGE 13 _OF _IS 66 18.15 18.16.200 Sign Illumination. Unless otherwise prohibited by this chapter, signs may be illuminated if such illumination is in accordance with this section. A. No sign within one hundred-fifty feet of a residential district may be illuminated between the hours of midnight and six a.m., unless the impact of such lighting beyond the boundaries of the lot where it is located is entirely inconsequential. B. Lighting directed toward a sign shall be hooded or shielded so that it illuminates only the face of the sign and does not shine directly onto a public right-of-way or a residential property . C. Except as herein provided, internally illuminated signs are not permitted in residential districts. Where permitted , internally illuminated signs may not be illuminated during hours that the business or enterprise advertised by such sign is not open for business or in operation. 18.16 .210 Maintenance of signs. A. All signs and all components thereof, including supports, braces and anchors, shall be kept in a state of good repair . With respect to freestanding signs, components not bearing a message shall be constructed of materials that blend with the surrounding environment. B. Abandoned signs and all supporting structural components shall be removed by the sign owner, owner of the property where the sign is located, or other party having control oVer the sign. Each being individually and severally responsible for removing such sign within thirty days after abandonment, unless such sign is replaced with a conforming sign. 18.15.220 De termination of legal nonconforming signs. Existing signs which do not conform to the specific provisions of the chapter may be eligible for the designation "Iegal nonconforming;" provided that: A. The building department determines that such signs are properly maintained and do not in any way endanger the public; B. The sign was covered by a permit deemed valid by the City of Camas or complied with all applicable laws on the date on which it was established. EXHIBIT -.:;:;E",":-_~ __ PAGE ---'J_ifl----Of ___..../5"--_ 67 18.15 18.15.230 Loss of legal nonconforming status. A legal nonconforming sign may lose this designation if: A. The sign is relocated or replaced; B. The structure or size of the sign is altered in any way except toward compliance with this chapter. This does not refer to change of copy or normal message. C. The business, use, or product for which the sign is directed has been abandoned (has not occurred on the property for a period of 6 consecutive months). The burden of demonstrating non-abandonment shall be on the owner. 18.15.240 Maintenance and repair of nonconforming signs. The legal nonconforming sign is subject to all requirements of this code regarding safety, maintenance, and repair. However, if the sign suffers more than 50% damage or deterioration as determined by the building official, it must be brought into conformance with this code or removed. EXHIBIT __ E _____ _ 68 PAGE ____ I _S_Of --l-/~5 __ 18.19 Chapter 18.19 DESIGN REVIEW Sections: 18.19.010 18.19.020 18.19.030 18.19.040 18.19.050 18.19.055 18.19.060 18.19.070 18.19.080 18.19.090 Purpose. Scope. Design Review Manual adopted. Application requirements. Design review procedures. Conditional use permits. Variance to design review guidelines Design review committee. Design review decision chart. Enforcement. 18.19.010 Purpose. This chapter is intended to provide for orderly and quality development consistent with the design principles of the Camas Design Review Guidelines: Residential and Commercial Uses, hereafter referred to as Design Review Manual (DRM). The design review process is not intended to determine the appropriateness of a given use on a given parcel. The design review process is intended to produce a meaningful integration of building, landscaping and natural environment. This will protect the general health, safety and welfare of the community by making efficient use of the land which is consistent with the visua l character and heritage of the community. 18.19.020 Scope. Design review is required for all new commercial development, redevelopment (including change in use, e.g. residential to commercial), or major rehabilitation (exterior changes requiring a building permit or other development permit). 18.19.030 Design Review Manual adopted. The city's design standards are primarily contained in the design review manual, which is hereby adopted by the city. The manual includes both principles and guidelines. The principles are mandatory and must be demonstrated to have been satisfied in overall intent in order for approval of a design review application to be granted. Commercial Principals: 1. Landscaping shall be done with a purpose. It shall be used as a tool to integrate the proposed development into the surrounding environment. 2. Properties located at gateways (or entrances) to the City shall develop in a manner that portrays a quality image of the community. ""1"",' f _---, tI\HI\:)\ - \ f "" PAGE __ --," __ 0 -~--74 18.19 3. All attempts shall be made at minimizing the removal of significant natural features. Significant natural features shall be integrated into the overall site plan. 4 . On-site parking areas shall be placed to the interior of the development, unless site development proves prohibitive. All on-site parking areas along adjacent roadways shall be screened with landscaping. 5. Buildings shall be used to define the streetscape, unless site conditions prove prohibitive. 6. Commercial structures abutting residentially zoned areas shall be designed to mitigate size and scale differences. 7. Walls shall avoid a blank look and provide a sense of scale. 8. Buildings shall have a "finished" look. Any use of panelized materials shall be integrated into the development in a manner that achieves a seamless appearance. 9. A proposed development shall attempt to incorporate or enhance historic/heritage elements related to the specific site or surrounding area. The guidelines include five major guideline categories: 1. Landscaping & Screening; 2. Architecture; 3. Massing & Setbacks; 4. Historic and Heritage Preservation; and, 5. Circulation and Connections. Each of the major guidelines include subcategories. Compliance with the guideline categories and subcategories demonstrate compliance with the principles. However, not every guideline may be deemed applicable and therefore required by the approval authority. Additionally, the approval authority may approve a variance from one or more guidelines provided the overall intent of the principles are satisfied. A copy of the design manual is on file with the Department of Public Works. 18.19.040 Application requirements. Application for design review shall be submitted on forms provided by and in a manner set forth by the Planning Manager. The application shall include such drawings, sketches and narrative as to allow the approval authority review of the specific project on the merits of the city's design review manual and other applicable city codes . An application shall not be deemed complete unless all information requested is provided. 18.19.050 Design review procedures. Design Review applications are processed as a Type 1 -administrative decision. In addition to the requirements for a Type 1 decision, the following procedures shall be applicable. EXHIBIT --:::::'f:--: ___ ~_ PAGE --~-_OF _, __ 75 18.19 A. Pre-application: Prior to filing a design review application, the applicant shall participate in a formal pre-application conference concerning the requisites of formal application consistent with CMC18.55.090. The Planning Manager may waive the requirement of a formal pre-application conference for minor design review proposals. B. Filing: Following the pre-application meeting, the applicant shall file with the City Planner a design review application, which shall contain the items listed in subsection (1) through (7) below together with any other requirements identified in the pre-application conference: 1. Existing conditions plan; 2. Proposed Development (Site) Plan; 3. Grading Plan; 4. Utility Plan; 5. Landscaping Plan; 6. Architectural Drawings, indicating floor plans and elevations; and 7. Written narrative describing how the proposal is consistent with the design review principals. C. Completeness Review/ Design Review Committee determination: A letter of completeness will be mailed within 28 days of the applicant submittal as provided in CMC 18.55.110. The notice will also indicate whether the application will be subject to review and recommendation by the Design Review Committee (DRC). Following notice of an incomplete application, the applicant shall within forty- five days submit the requested information or refuse in writing to submit the additional information. Failure to comply with the forty-five day requirement will result in the application being rejected and no decision being made. D. Public Notice: Notice of a public meeting of the DRC shall be mailed to those properties located adjacent to the boundaries of the subject property. The notice shall include: 1. The date, time and location of a DRC meeting if one is called; and, 2. That the application and all applicable requirements are available for review at City Hall. Copies of the application or related material may be purchased at a reasonable cost; and 3. A description of the proposal and its location. E. Administrative Approvals: Design Review applications will initially be decided by the Planning Manager, subject to the following: EXHIBIT ----'F_-___ _ PAGE _~3",---_OF -J4--_ 76 18.19 1. The Planning Manager_shall prepare a decision to include findings of consistency with the Camas Municipal Code and DRM together with conditions necessary to mitigate and/or ensure consistency. The findings shall take into consideration use of an administrative standards checklist, recommendations of the DRC, and/or other means together with the application materials to clearly demonstrate compliance with the design review principals. 2. Noticeof approval of a Design Review decision will be provided as per CMC 18.55.150 andCMC 18.55.200 (B). F. Appeal of Design Review decision: Appeal of a design review decision shall be to the City Council consistent with Section 18.55.280. 1. Where an administrative decision did not include a DRC review, no appeal shall be heard by the City Council until a DRC review and recommendation occurs and has been forwarded along with the administrative decision to the City Council. 2. Notice of an appeal hearing shall be mailed to all parties of record. 18.19.055 Conditional use permits. An applicant may choose to file an application for design review concurrently with a conditional use permit application or upon approval of a conditional use permit. In either case, design review shall be processed pursuant to CMC 18.55.200. However, any design review decision issued prior to a conditional use approval shall be preliminary pending the outcome of the conditional use process. Minor modifications to a preliminary design review decision may be made as necessary to be consistent with a conditional use permit. 18.19.060 Variances to design review guidelines. A design review application that includes a variance or deviation from any of the five major guidelines of the DRM shall be subject to review and recommendations from the Design Review Committee. The Board of Adjustment dOHS not review variances or deviations from the design review standards or criteria of this chapter. The DRC shall base its recommendation upon findings setting forth and showing that all of the following circumstances exist: A. Special conditions or circumstances exist which render a specific requirement of the DRM unreasonable, given the location and intended use of the proposed development; , B. The special conditions and circumstances are characteristic of the proposed general use of the site and not of a specific tenant; C. The specific conditions and circumstances are not representative of typical commercial-type development which may be allowed within the zoning district; D. The requested variance is based upon functional consideration rather than economic hardship, personal convenience or personal design preferences; E. Variation from a guideline(s) has sufficiently been compensated by other site \-EXHIBIT ~-'---'----''"-- PAGE ___ l1->o . ...-. OF "J 77 18.19 amenities; and F. The requested variance will not result in a project that is inconsistent with the intent and general scope of the ORM principles. 18.19.070 Design review committee. The City Council shall establish a seven person Oesign Review Committee (ORC) for the purposes of reviewing specific proposals and recommending conditions and or other actions necessary for consistency with the principals of the ORM. The ORC members serve at the pleasure of the City Council. The ORC shall consist of six members appointed by the City Council to include two from the development community, one council member, one planning commissioner, and two citizens at large. A seventh member shall be a neighborhood representative of the surrounding neighborhood to a specific proposal or a United Camas Association of Neighborhoods member. The ORC will hold a public meeting to consider a design review application when: A. The City Planner determines that the issues related to a specific proposal are complex enough to warrant a review by the ORC; B. The proposEti varies from the guidelines of the ORM; or, C. When an administrative decision on a design review application is appealed with no prior review by the ORC. The ORC shall not issue a decision, but shall prepare a written recommendation together with findings to support the recommendation to the approval authority within ten days of a public meeting held for that purpose. [RCW 36.70.020(5)]. EXHIBIT --.:\----- PAG !: c:. Of ] -, ,11, ..... ,..J.=r' ....• t.·, . - 78 18.19.080 Design review decision chart. CITY PLANNER Administrative decision Administrative decision (after DRC recommendation) Administrative decision (after DRC review & variance recommendation) 18.19.090 Enforcement. DESIGN REVIEW COMMITTEE No DRC review unless Administrative decision is appealed. Develops findings to support Recommendation to City Council. Develops finding to support recommendations to City Planner prior to administrative decision. Develops findings to support a recommendation to City Planner regarding compliance with DRM and variance criteria. 18.19 CITY COUNCIL Public hearing on appeal of administrative decision Closed record hearing on appeal of administrative decision Closed record hearing on appeal of administrative decision In addition to the Article VII of the Camas Zoning Code, the enforcement of the Design Review principals and guidelines is governed by the following: A. The applicant, or any other current or future legal owners of the subject property, are expected to complete the work identified through Design Review. In enforcing this Chapter, the Planning Manager or his/her designee shall have the following duties and powers: 1. To inspect all construction and landscaping activities to ensure compliance with the provisions of this Chapter. 2. To issue a "stop work" order for the site upon notice of any construction or landscaping activity being conducted in violation of this Chapter [or in violation of any condition of approval]. 3. To require any person violating the provisions of this Chapter [or any condition of approval] to undertake all corrective and any other remedial measures necessary to remedy such violation. B. Enforcement -Stop Work Order 1. The issuance of a "stop work" order indicates that all work of every type, make and description on the site shall cease, except for corrective or remedial measures necessary to remedy the stated violation. 2. A "stop work" order will be in effect until such time as the Planning Manager or his/her designee establishes that the stated violation has been remedied. EXHI BiT ----:,F __ _ PAGE =-----f.t?_ -Of _. _J.......I .. ""--_ 79 18 .1 9 C. Enforcement -Civil Infraction. 1. Any person, firm or corporation which violates any provision of this Chapter or which undertakes any construction or landscaping activity in violation of an approved design review plan, [or any other condition of approval], or who violates the terms of any "stop work" order issued pursuant to this Chapter, shall be guilty of a civil infraction punishable by a fine of not more than $500 .00 per day. Each separate day or any portion thereof during which any violation occurs or continues constitutes a separate offense. D. Continued Duty to Correct Violation . Payment of a monetary penalty pursuant to this Chapter does not relieve a person of the duty to correct the violation as ordered . E. Appeal. Any appeal to the decision of the Camas Municipal court shall be governed by the Rules for Appeal of Decisions of Courts of Limited Jurisdict ion (RALJ). F. Accrual of Penalty. The City is authorized to collect the monetary penalty by use of appropriate legal remedies. Seeking legal redress by the City shall neither stay nor terminate the accrual of additional per diem monetary penalties so long as the violation continues. EX.HiB!T T--- PAGE ~,,,.,.~" .:r-,,~;" OF . ,,, .• -,:;].----..... 80 Chapter 18.21 LIGHT INDUSTRIAL/BUSINESS PARK Sections: Purpose. Primary uses. Secondary uses. Development application. Development standards. Site development criteria. Landscaping standards. Building and structure designs .. Variances. Amendments and minor adjustments. 18 .21 18.21.010 18.21.020 18.21.030 18.21.040 18.21.050 18.21.060 18.21.070 18.21.080 18.21.090 18.21.100 18.21.110 Planned industrial development overlay-Creation, purpose. 18.21.010 Purpose. The Ll/BP district is intended to provide for employment growth in the city by protecting industrial areas for future light industrial development. Design of light industrial facilities in this district will be "campus-style", with ample landscaping, effective buffers, and architectural features compatible with and not offensive to surrounding uses. Commercial development in the Ll/BP district is limited to those uses necessary to primarily serve the needs of the surrounding industrial area and is restricted in size to discourage conversion of developable industrial land to commercial uses. 18.21.020 Primary uses. Primary uses in the Ll/BPdistrict are those listed as permitted under Chapter 18.07.030 and not identified as a secondary permitted use. Primary uses under this chapter are processed as a Type III decision pursuant to Chapter 18.55. 18.21.030 Secondary uses. Commercial development listed as a secondary permitted use under 18.07.030 may be allowed subject upon findings that the applicables provisions of this chapter are met. Secondary uses under this chapter are processed as a Type III decision pursuant to Chapter 18.55. 18.21.040 Development application. Any person desiring to establish or significantly modify a primary or secondary use on land zoned at Ll/BP shall submit an application in the manner and form required by the Planning Manager and shall address the applicable provisions of this chapter. EXHIBIT _G_· _ q PAGE _--L. __ OF -.....::--- 87 18.21 18.21.050 Development standards. A. Definitions. 1. Maximum floor area ratio. The maximum permitted ratio of the gross square footage of a building or buildings on a parcel to the total parcel area. The gross square footage of a building or buildings shall be the sum of the area of each floor measured horizontally to the outside faces of the exterior walls. Parcels containing more than one building shall have a maximum floor area ratio based upon the average of all buildings. 2. Minimum parking ratio. The minimum permitted ratio of the number of parking spaces on a parcel to the gross square footage of a building or buildings on a parcel. 3. Maximum building height. Height is to be measured to the midpoint of the exterior wall having the greatest change in elevation, to the highest point of the roof or mechanical screen. B. Maximum floor area ratios are applicable to the lot coverage requirement set forth in Table 18.09.030 Table-1. C. Setbacks. Setbacks shall be as setforth in Chapter 18.09.030 Table-1. 1. Setbacks may be reduced by city council based on site or development constraints, such as wetlands, topography, or the amount of cut and fill required. 2. On corner parcels (parcels bordered by two or more streets), there shall be one front yard established and the remaining sides shall be side yards. The minimum setbacks shall follow the front and side requirements. D. Parking. Parking shall be provided as per Chapter 18 .11. E . Signs. Signage shall be as provided in Chapter 18.15 or as provided in a development specific signage program proposed by an applicant and approved as part of the conditional use permit for the use . 18.2 1.060 Site Deve lopment criteria. A. Site improvements are to be designed to result in a natural appearance that will blend with surroundings and be compatible with neighboring developments. B. Grading and Dra inage: Site grading and drainage are to be designed by a licensed civil engineer. Grading and slopes are to be compatible with EX HiBiT PAGE 88 18.21 landscaping materials, shall not permit erosion and shall minimize use of retaining walls to control slopes. Plans submitted for building permits shall include a construction phase mitigating procedure to control temporary siltation runoff, erosion, sedimentation or other objectionable effects. C. Traffic and Parking: 1. All traffic and parking areas shall be paved with asphaltic concrete or portland cement concrete in conformance with approved design standards. The perimeter of all paving areas or landscaped areas shall have portland cement concrete curbs throughout. 2. No public parking is to be allowed on public streets within this zone. 3. All parking areas, loading areas shall be located to minimize viewing from adjacent properties and roadways. They shall be screened from~horizontal view with the use of dense landscaping, mounds, view screen fencing or other approved means. 4. Truck docks and loading areas are not permitted on the front elevation of the property and are to be screened from the front view if located within the side yards. D. Refuse/Storage: Refuse areas and service/storage areas are to be located under cover. E. Utilities: All utility service lines are to be located underground. All pad-mounted equipment and other visible utility and service equipment are to be carefully located to minimize appearance and shall be appropriately screened consistent with required access and safety requirements. F. Fencing: Perimeter fencing shall be so constructed as to minimize visual impact. Walls or fences separating adjoining parcels may be located at the property line. No wall or fence taller than three feet shall be placed within the landscape setbacks along side or rear lot lines and no wall or fence exceeding three feet in height shall be located on the property except for security fencing. Security fencing shall blend into and be compatible with landscaping. Fencing shall have earth tone colors of brown, tan, gray or green. Walls shall be constructed of materials compatible with the building architecture. G. Lighting: Site and building lighting shall be designed to minimize glare or objectionable effects to the adjacent properties. Residential neighborhoods are of particular concern. Site lighting poles shall not exceed twenty feet in height and shall direct the light downward. Lighting sources viewed from above or below on adjacent property shall be shielded. Building lighting is to be concealed and indirect. Lighting in service areas is to be contained to conceal visibility of light EXHIBIT -'-~":::&::'--'----;::q;;;,--­ PAGE _~.-I~_OF _....&--- 89 18.21 sources from street and adjacent property. Site lighting is to be designed to provide uniform distribution and the light levels shall be adequate for reasonable security and safety on the premises. . H. Primary uses: All primary uses permitted in the LI/BP district shall have no negative or undesirable atmospheric or environmental impacts. All such primary uses shall be developed in a campus-type setting featuring landscaping, off- street parking, architectural designs tending to minimize the industrial nature of the development, buffers between other uses, and such other amenities as are consistent with a campus setting. I. Secondary uses: All secondary commercial uses are subject to the following: 1. The commercial use is demonstrated to be clearly subordinate to industrial uses in the vicinity, and will primarily serves the daily retail and service needs of the surrounding industrial area. 2. On parcels over ten acres, secondary commercial uses shall be subordinate to a primary uses on the parcel, and the cumulative of all secondary commercial development on site has a maximum floor area equal to 25% of the gross floor area of the primary uses. 3. Proof is provided, demonstrating the need for such use to serve other existing uses within the LI/BP district. 4. The development satifies the parking, design and other development standards identified in this chapter. 18.21.070 Landscaping standards In addition to the landscaping requirements of chapter 18.13, all proposed development in this zone shall generally comply with the following standards. Variations may be authorized by the City Council where reasonable factors such as topography, other site constraints, or proposed improvements offset the need for strict compliance. A. The entire street frontage will receive street trees/landscaping that will create a unifying effect throughout the area. Tree groupings shall be located for interest and variety. Plantings shall conform to the approved selection list available from the city, if available. B. Entry areas and driveways shall be landscaped to create a feeling of identification and continuity of plant materials related to the foundation plantings around the buildings and parking areas. The entry areas shall be landscaped for a minimum distance of 50 feet on either side of the curb breaks. Landscape a minimum of 25 feet of width on either side of drives for their full length. Long drives would benefit from landscaped divider islands ten to 15 feet wide. C. Temporary parking areas shall have 25 feet of landscaping at all perimeters. Permanent parking areas are to have horizontal sight screening from streets and 90 18 .2 1 adjacent properties and shall have 50 feet of landscaping on street sides and 25 feet of landscape otherwise. D. A fifty foot minimum landscaped planting strip shall be required adjacent to building facades facing any street and a 25 foot minimum planting strip shall be required elsewhere. CUNilinear design is encouraged to create interest and variety. E. Areas used for storage, loading, etc., which would make landscaping inappropriate or superfluous will not require landscaping. Those areas have their own requirements for screening. Walls and fences that extend out from the main structure for purposes of screening shall also have a minimum of 25 feet of landscape strip adjacent to the exterior facing side of the wall. F. Site development plans shall be submitted showing the final intended, maximum development. Areas reserved for future expansion beyond the foundation planting described above may be allowed to remain natural growth native to the area, but shall be maintained in conformance with local requirements for fire control. Areas between any wall of a building and any street may be landscaped or disced to create an appearance of a controlled natural state. Native species of plants should be maintained where possible. G. Large site areas that are intended to remain undeveloped shall be improved with landscape materials that relate to the natural environment and the particular site. Tree clusters, mounding and native undergrowth combined with employee recreational uses should result in an esthetically pleasing effect. H. Large, more mature plant materials are encouraged to ensure that some immediate effect on the project's appearance will be attained within two years of planting. The following minimum sizes and spacing are recommended for plant materials at time of installation. Exceptions can be made to these standards when areas are not visible to the general public and installation and maintenance specifications insure successful establishment of introduced plantings. I. Notwithstanding sections 18.13 .050 (G) and (H), street trees shall have a minimum caliper size of two inches. Trees located along drives and in the street side of planting areas adjacent to parking areas or buildings shall have a minimum caliper size of one and one-half inches. Trees located elsewhere are to have a minimum caliper size of one inch and equivalent to a 15 gallon container size. J. Shrubs should be a minimum of five-gallon pot size and upright shrubs should have a minimum height of 18 inches with a minimum spread of 18 inches. Spreading shrubs should have a minimum of 18 to 24 inches (smaller shrub sizes may be approved where it is more appropriate within the particular landscape plan). EXHIBIT G- PAGE ----.::5=-_~;-·--·--'1 ~ 91 18.21 K. Ground covers planted from flats should have a maximum spacing of 12 inches on center or, when planted from one galion cans, a maximum spacing of 24 inches on center. L. Preservation of existing stands of mature, native and naturalized vegetation should be a primary goal in site plan development and site preparation. Special techniques, such as fencing, should be used to protect trees from grading and other construction period activities. A tree protection program should be submitted for projects in areas with substantial amounts of existing tree growth. M. Earth berms are convenient devices for providing variation in the ground plane and for screening interior portions of the site. Care must be taken in their construction to avoid creating an artificial appearing landscape. The bermed areas should be as long, as gradual and as graceful as space will allow, and should have a minimum height above surrounding grade of three feet. Maximum slopes for bermed areas should be 3:1 for turf areas and 2:1 for groundcover areas. Earth berms shall comply with vision clearance standards in chapter 18.17. N. All landscaped areas shall have an automated irrigation system to insure that plantings are adequately watered. Irrigation systems shall be designed to minimize water runoff onto sidewalks or streets. O. Large land parcels may be developed in phases over time resulting in large areas that will not justify final landscaping installation of portion(s) of the parcel, commensurate with the proposed development in the early phase(s). 18.21.080 Building design. A. All structures should be designed to be harmonious with the local setting and with neighboring developments, while contributing to the overall architectural character of the area. The building design should appear as an integrated part of the design concept. All facilities should be designed by a licensed architect and reflect a high standard of architectural design. Buildings should be either reinforced concrete and steel, masonry or wood frame construction. Prefabricated metal buildings or sheet metal sided structures are not permitted, unless an exception is made by the staff review based upon meritorious design. B. Building design should consider existing views and vistas from the site and from adjacent roadways; solar orientation; orientation toward major streets and thoroughfares; vehicular and pedestrian flow patterns; the character of neighboring development; expression of the facilities functional organization and individual character; and the satisfaction of the physical, psychological, social and functional needs of facility users. 92 18.2'1 C. Design features that can contribute to the design character of a project include entrance drives; enhanced visitor parking areas; highlighted visitor entrances and entry plazas; decorative pedestrian plazas and walkways; focal landscape treatments and site sculptures; employee lunch areas (with amenities such as outdoor seating, garden areas, etc.); atriums and interior courts; dynamic building and roof forms; distinctive window patterns; shade and shadow patterns; surface treatments; and accent lighting and landscaping. D. Long, straight building facades are generally uninviting and visually uninteresting. Building setbacks shall be varied and all facades articulated to add visual variety, distinctiveness and human scale. Space created by the varied setbacks of the building facades can accommodate landscaping and pedestrian/employee areas that contribute visual interest. E. Exterior building colors shall be compatible with the surrounding manmade and natural environments, and not in competition with surrounding elements for attention (i.e ., building color should not, in any way, become signing for the site). Generally, building colors should be subdued. Primary colors or other bright colors should generally be used only as accents to enliven the architecture. Repetition and overuse of a single approach to the use of color, such as horizontal stripes/bands, can result in the treatment losing its effectiveness. Brighter, more distinctive color palettes may be approved by the city design review, based upon meritorious design. F. Reflective glass is not permitted for glazing. G. Roof-mounted equipment that is visible from adjacent, elevated property should be painted a compatible color with the roof screen. H. . All rooftop or outdoor mechanical equipment shall be fully screened from public view in a manner which is architecturally integrated with the structure. Screening shall be constructed to a finished standard using materials and finishes consistent with the rest of the building. Building designs should consider potential visibility of equipment from elevated rights-of-way or adjoining property. /. All vents, flues or other protrusions through the roof less than 16 inches in diameter need not be screened from view, but must be painted or treated to blend with the color of the background. All such vents, flues or other protrusions through the roof more than 16 inches in diameter shall be considered mechanical equipment and shall be screened from view. 18.21.090 Variances. Whenever there are practical difficulties that result from peculiarities of specific property which make it difficult to implement the standards and requirements of the Light Industrial/Business Park zone, the City Council shall have the authority as part of the f.XHIBIT --=~----;;g;:;;-' PAGE _----::---OF -~-- 93 18.21 conditional use permit process to grant a variance from strict compliance with specific standards or requirements. Such variance may alter the literal enforcement of any standard, requirement, or regulation of the Light Industrial/Business Park zone so long as such variance is not inconsistent with the purpose of the Light Industrial/Business Park zone and does not adversely impact the public health, safety, and welfare . Any such variance so granted shall be specifically identified in the City Council 's approval of a development application . 18.21 .100 Amendments and minor adjustments. Approval of the application for a development within the LI/BP district shall be binding on the applicant, his heirs, successors and assigns, and any changes in the approved application are subject to the following provisions relating to minor adjustments and amendment of the approved application : A. Minor Adjustments. Inherent in flexible zones is the need to prov ide for minor adjustment in the size, shape, location and elevation of structures, the patterns for traffic ingress and egress, the parking lot configurations, the landscaping and buffers, and the other matters approved in the developer's application. The city engineer may approve, in his discretion, those minor adjustments that do not significantly or materially alter the application as approved by the City Council. If the city engineer refuses to approve a proposed minor adjustment, then the applicant may seek a variance from the board of adjustment subject to the standards and procedures of Chapter 18.45 "Variances." B. Amendment of Approved Application. Any change in the approved application that would materially or significantly impact traffic patterns, water requirements, . production of waste products, volumes and kinds of stored chemicals and gases, atmospheric emissions, solid waste volumes, expected employment levels, or other matters approved in the application must be reviewed by the Planning Commission and recorded in the minutes of the Planning Commission. The recommendation of the Planning Commission regarding the proposed amendment in the approved application, together with its reasons therefor, shall be submitted to the City Council for its approval. Upon approval of such changes by the City Council, the approved application shall be considered amended to that extent. C. Unauthorized Changes. Unauthorized changes or substantial deviations from the approved application may be subject to a stop-work order by the city engineer. If not corrected, this will result in the refusal to issue any occupancy permits until the development is brought into conformance with the approved application. EXHiBIT G PAGE _..-..~_O F j 94 18 .21 18.21.110 Planned industrial development overlay-Creation, purpose. There is created under this chapter the planned industrial development (PID) overlay. The PID overlay is intended to accommodate creative and imaginative small industrial development based on an approved comprehensive development plan for the site which is designed to insure compatibility between the industrial operations therein and the existing conditions of the surrounding area. In order to accomplish this purpose, it is the intent of these overlay regulations to: A. Permit a PID to be established within the Ll/BP zone after approval of final plans as setforth in chapter 18.20; B . To allow the use of those innovations in the technology of land development which are in the best interest of the city; and C . To encourage industrial development on existing smaller industrial lots in areas B and C in the North Dwyer Creek area as identified in the North Dwyer Creek Master Plan . A plan approved pursuant to the provisions of the PIO overlay zone shall constitute a binding site plan , and shall allow for the division of land as an alternative to subdivision and short subdivision approval. 95 G-EXHIB IT ---::::::-_____ _ PAGE __ i ",,--_OF _q...L.-._ 18.3 1 I Chapter 18.31 SENSITIVE AREAS AND OPEN SPACE Sections: 18.31.010 18.31.020 18.31.030 18.31.040 18.31.050 18.31.060 18.31.070 18.31.080 18.31.090 18.31.100 18.31.110 18.31.120 Purpose. Scope. Administration. Definitions. Wetland standards. Steep slopes and potentially unstable soils. Streams and watercourses. Tree retention. Vegetation Removal in Environmentally Sensitive Areas Wildlife habitat. Mandatory preservation. Negotiated preservation. 18.31.010 Purpose. The guidelines, criteria, standards, special studies, and open space requirements in this chapter are intended to identify, protect, and preserve lands and areas within the City which are characterized by the presence of environmentally sensitive or valuable features and resources. These areas may include: steep slopes and areas of unstable soils; wetlands; and streams and watercourses. Certain activities such as vegetation removal and the addition of impervious surfaces within these areas, unless regulated by the City, pose a potential threat to life, property and public health and welfare. Unregulated activities also pose a significant threat to important environmental features and communities, and to the functions and values they perform. This chapter is also intended to implement the goals and policies of the Comprehensive Plan; to protect critical areas within the City as required by state policies, guidelines and ru 'les; to provide property owners and members of the public with notice as to the location and distribution of sensitive areas within the City; and to require special studies to help identify environmentally sensitive and valuable areas within the City. Such plans and studies shall be prepared by qualified professionals. 18.31.020 Scope. Land proposals below are subject to the criteria, guidelines, conditions, performance standards and procedural requirements contained in this chapter. A. Rezone; B. Conditional use permit; C. Variance; D. Shoreline substantial development permit; E. Planned development; EXHIBIT _.LH.!..-----:--;::r-\~ PAGE ___ ....-.-_OF ~:...-.-- 117 18 .3 '1 I F. Subdivision; G. Short subdivision; H. Commercial development; I. Business park development; or J. Any grading, filling or clearing of land or logging or removal of timber on land characterized by or adjacent to (within three hundred feet of) an environmentally sensitive area. K. Open space designation standards and requirements shall apply to any application proposals involving a subdivision or planned development. L. The standards and requirements of this chapter shall apply in addition to any other regulations of the City applicable to the underlying zone. In case of any conflict between these and any other regulation(s), the stricter regulations(s) shall apply. 18.31.030 Administration. The Planning Manager shall determine, based on the City's sensitive area overlay maps, environmental information provided by the applicant, and field reconnaissance as necessary, whether a property for which development approval is requested, contains the types of lands or areas subject to this chapter. If property for which development approval is requested does contain sensitive lands, a development application must be accompanied by wetland studies, detailed geotechnical studies, tree retention and vegetation removal plans and wildlife habitat assessments. The Planning Manager may waive or modify the study and reporting requirements of this section if it is determined that the subject property does not contain substantial amounts of such lands or areas. 18.31.040 Definitions. A. Adverse environmental impact. An impact caused by vegetation removal which creates a risk of landslide or erosion, or which alters or damages wetlands, wetland buffers, wildlife habitat, streams or watercourses. B. Buffer. 1) an area adjacent to hillsides which provides the margin of safety through protection of slope stability, attenuation of surface water flows and landslide, seismic, and erosion hazards reasonably necessary to minimize risk to the public from loss of life, well-being or property damage resulting from natural disasters; or 2) an area adjacent to a stream or wetland which is an integral part of the stream or wetland ecosystem, providing shade; input of organic debris and coarse sediments; room for variation in stream or wetland boundaries; habitat for wildlife; impeding the volume and rate of runoff; reducing the amount of sediment, nutrients, and toxic materials entering the stream or wetland; and EXHI BI T ---11-.....!.'_---:---") 16 PAGE _ ..... !~<---OF -",-,,--- 118 ~18 .31 protection form harmful intrusion to protect the public from losses suffered when the functions and values of stream and wetland resources are degraded. C. Drainage Facility.Jhe system of collecting and storing surface and stormwater runoff. Drainage facilities shall include but not be limited to all surface and storm water runoff conveyance and containment facilities including streams, pipelines, channels, ditches, wetlands, closed depressions, infiltration facilities, retention/detention facilities, and other drainage structures and appurtenances, both natural and man-made. D. Environmentally sensitive area(s) or sensitive lands. Areas within the City are characterized by or support unique, fragile or valuable natural resources, or that are subject to natural hazards. Sensitive areas include wetlands and wetland buffers, streams and watercourses, steep slopes, and areas with potentially unstable soils, as those areas are defined and identified pursuant to this chapter. E. Hillsides. Geological features of the landscape having slopes of 15% or greater. To differentiate between levels of hillside protection and the application of development standards, the City categorizes hillsides into four groups: hillsides of at least 15% but less than 40%; hillsides with unstable slopes; hillsides of 40% percent slope and greater; hillsides which are ravine sidewalls or bluffs. F. Mitigation. The use of any combination or all of the following actions: 1. Avoid impacts to environmentally sensitive areas by not taking a certain action or parts of an action; 2 . Minimize impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts; 3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environmentally sensitive area; 4. Reducing or eliminating the impact over time by reservation and maintenance operations during the life of the development proposal; 5. Compensating for the impact by replacing or enhancing environmentally sensitive areas, or providing substitute resources . G. Open Space. Land set aside and maintained in a natural state, providing air, light, and habitat for wildlife, and/or containing significant trees and vegetation. Open space may contain environmentally sensitive lands, which include but are not limited to steep slopes and areas with unstable soils, wetlands, and streams and watercourses. Open space may also provide for active and passive 119 EXH!BIT _~H _____ --- P ,~GE _-_2> __ OF ----""15~_ recreation use. There are two general categories of open space, which are as follows: 1. Natural Open Space . Land devoted to protecting environmentally sensitive lands as defined in this code. Natural open space generally has no developed areas, with the exception of trails as identified in the Comprehensive Parks, Recreation, Open Space Plan or by a condition of development approval. 2. Recreational Open Space. Land set aside for recreational opportunities, which may contain trails, sports fields, playgrounds, swimming pools, tennis courts, and picnic areas. Recreational open space is generally limited in size and intensity, proportionate to the development, and is intended for the . enjoyment of the residents of the development. H. Open Space Connectors. Tracts of land with typically no sensitive lands that are connect parcels of land to form th Open Space Network. I. Open Space Network. A network of open space composed of mostly wooded areas, steep slopes, ravines, streams and waterways, as areas identified in the Comprehensive Parks, Recreation, & Open Space Plan. J. Protective Mechanism. A_means of providing permanent protection to open space, and shall include conservation easements, dedication to the City, conveyance to a public or private land trust, conveyance to a homeowners association, restrictive covenants, or any combination of such mechanisms. K. Ravine Sidewall. A steep slope which abuts and rises from the valley floor of a stream and which was created by the wearing action of the stream. Ravine sidewalls contain slopes predominantly in excess of 40%, although portions may be less than 40%. The toe of a ravine sidewall is the steam valley floor. The top of a ravine sidewall is typically a distinct line where the slope abruptly levels out. Where there is no distinct break in slope, the top is where the slope diminishes to less than 15%. Minor natural or man-made breaks in the slope of ravine sidewalls shall not be considered as the top. Benches with slopes less than 15% and containing developable areas shall be considered as the top. L. Sensitive Areas. See environmentally sensitive areas. M. Sensitive Area(s) Map(s). Those maps adopted and/or incorporated by reference by the City to identify the general location of environmentally sensitive or valuable areas. In case of questions as to map boundaries or mapping errors, the presence or absence of a sensitive area shall be determined in field by a qualified professional, experienced in a discipline appropriate to evaluation of the appropriate feature, and shall determine the applicability of this chapter. EXHIB IT ~.!...~ ____ -:--_ PAGE _~-\.. __ Of ~t5~_ 120 18.31 N. Significant Trees. Evergreen trees eight inches (8") in diameter or greater, as measured four feet (4 ') above existing grade, and deciduous trees, other than red alder or cottonwood, twelve inches (12") in diameter or greater, measured one foot (1 ') above the root crown. o. Steep slopes or area with potential unstable soils._ Any land potentially subject to landslides, severe erosion or seismic activity (earthquake faults). Steep slopes are generally characterized by slopes of 15% or greater, impermeable subsurface material (sometimes interbedded with permeable subsurface material), and/or springs or seeping groundwater during the wet season. Seismic areas are those lying along or adjacent to identified earthquakes faults . P. Stream or watercourse. Those areas where surface waters produce a defined channel or bed. The channel or bed need not contain water year-round. This definition does not include irrigation ditches, canals, storm or surface water conveyance devices or other entirely artificial watercourses. Streams or further categorized as Class 1 through 5 in accordance with the classifications used by WAC 222-16-030. Q. Wetlands._ Areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. However, wetlands include those artificial wetlands intentionally created to mitigate conversions of wetlands. R. Wetland Buffer. A_naturally vegetated and undisturbed, enhanced or revegetated area surrounding wetland that is part of a wetland ecosystem and protect a wetland from adverse impacts to its function, integrity and value. Wetland buffers serve to moderate runoff volume and flow rates; reduce sediment, chemical nutrient and toxic pollutants; provide shading to maintain desirable water temperatures; provide habitat for wildlife; and protect wetland resources from human activities. S. Wildlife habitat. Areas that provide food, protective cover, nesting, breeding, or movement for threatened, endangered, sensitive, monitor or priority species of wildlife, or other wildlife species of special concern. Wildlife habitat shall also mean areas that are the location of threatened, endangered, sensitive, monitor or priority species of plants, or other plant species of special concern 121 18.31 I 18.31.050 Wetland standards. A. Intent. It is the intent of these regulations that adverse impacts to wetlands and wetland buffers shall be avoided except where it can be demonstrated that such impacts are unavoidable and necessary or that all reasonable economic uses of the property would be denied. B. Regulated Activities/Development Limitations. The following activities within a wetland and its associated buffer shall be avoided to the extent practicable: 1. Removing, excavating, disturbing or dredging soil, sand, gravel, minerals, organic matter or materials of any kind; 2. Dumping, flooding, or disturbing the water level or water table; 3. Draining, flooding, or disturbing the water level or water table; 4. Driving piling or placing obstructions; 5. Constructing, reconstructing, demolishing or altering the size of any structure or infrastructure; 6. Destroying or altering vegetation through clearing, harvesting, shading or planting vegetation that would alter the character of a wetland; or 7. Activities that result in significant changes in water temperature, physical or chemical characteristics of wetland water sources, including quantity and pollutants. C. Wetland Report. Prior to the issuance of a SEPA threshold determination for any proposal within identified wetland areas, a wetland identification and delineation report must be submitted to the City for review. The purpose of the report is to determine the presence, extent and function of wetlands on a site that could be affected by a proposed action. The report, and supporting field investigation, shall be performed by a qualified biologist with experience in performing wetland identification, delineation and evaluation in accordance with the requirements of this section. Wetland boundaries shall be staked and flagged in the field; field flagging must be distinguishable from other survey flagging on site. The field flagging must be accompanied by a wetland delineation report including the following information: 1. Site designated on a National Wetland Inventory (NWI) Map by the U.S. Fish and Wildlife Service; EXHiBIT --..:,..\4_---. I 15' PAGE _-*"' ..... ' _Of .--J,:--~- 122 18.31 I 2. Vicinity map, to incude; a. The wetland boundary must be accurately drawn at an appropriate engineering scale such that information shown is not cramped or illegible. Generally, a scale of one inch equals four hundred feet (1" = 400') or larger should be used. Existing features must be distinguished from proposed features; b. Site boundary property lines and roads; c. Internal property lines, rights-of-way, easements, etc.; d . Existing physical features of the site including buildings, fences, and other structures, roads, parking lots, utilities, water bodies, etc.; e. Contours at the smallest readily available intervals, preferably at two-foot intervals; f. Delineated wetland boundary, as identified using the Corps of Engineers Wetland Delineation Manual, Environmental Laboratory, 1987; g. Hydrologic mapping showing patterns of surface water movement into, through, and out of the site area; and h. Location of all test holes and vegetation sample sites, numbers to correspond with flagging in the field and field data sheets. i. For large and/or complex projects, an aerial photo with overlays displaying the site boundaries and wetland delineation may be required. Generally, an ortho-photograph at a scale of one inch equals four hundred feet (1" = 400') or greater, such as one inch equals two hundred feet (1" = 200') should be used. If an ortho-photograph is not a available, the center of a small scale (e.g., one inch equals forty thousand feet (1" = 40,000') to one inch equals sixty thousand feet (1" = 60,000') aerial photograph enlarged to one inch equals four hundred feet (1" = 400') may be used. 3. The wetland report shall describe the following: a. Location information including legal description and address; b. Delineation methodology, with special emphasis on whether the approach used was routine, intermediate, or comprehensive, as described in the Corps of Engineers Wetland Delineation Manual, Environmental Laboratory, 1987, or most recent edition. c . General site conditions, including topography, acreage, and surface areas of wetlands and water bodies; d . Specific description of plant communities, soils, and hydrology; and e. Field data sheets from the Federal Manual, numbered to correspond with sample site locations staked and flagged in the field. EXH!BiT ~H __ 123 PAGE __ 1.L..-._Of ---:.;..15 __ 18,31 f. The report shall include a summary of significant adverse impacts to the wetland or buffer. Potential impacts may include (but are not limited to) loss of flood storage potential, loss of wildlife habitat, any expected decrease in species diversity or quantity, changes in water quality, any increase in human intrusion, and impacts on associated wetland or water resources. g . The report shall contain an analysis of recommended measures to avoid significant adverse impacts to wetlands and their associated buffers and an identification of impacts that cannot be avoided or reduced. Such measures to avoid or reduce impacts may include but are not limited to: i. Limiting the degree or magnitude of the proposed activity; ii. Limiting the implementation of the proposed activity; iii. Using appropriate and best available technology; iv. Taking affirmative steps to avoid or minimize impacts; and v. Design, siting, or construction of proposed activities so as to avoid potential impacts to wetlands and their associated buffers. D. Wetland Buffers. Wetland buffer zones shall be required for all development proposals and activities adjacent to wetlands to protect the integrity, function and value of the wetland. All buffers shall be measured from the wetland edge as marked in the field and shall consist of an undisturbed area of native vegetation which shall be protected from human intrusion. The width of the required buffer shall be established by the Planning Manager based on the wetland report and other available information. Buffer width shall reflect the sensitivity of the wetland, and the type and intensity of human activity proposed to be conducted near the wetland. Required buffer width shall generally be 50 feet; the buffer may be reduced to 25 feet for wetlands determined to be of generally low quality in terms of function and value. A 100 foot buffer shall be applied to wetlands determined to be of generally high quality as measured by function and value. Identified wetlands and their associated buffers shall be protected and preserved through a permanent protective mechanism acceptable to the City. This may include placing the wetland/buffer in separate tract; execution of a protective easement; dedication to a public agency or public or private land trust. The mechanism or agreement shall provide for maintenance of the wetland/buffer. The establishment of required buffers shall not deprive a property owner of all reasonable use of his/her property. A variance from buffer width requirements may be granted by the City Council upon the following showing by the applicant: 1. That there are special circumstances applicable to the subject property or to the intended use such as shape, topography, location or surrounding that do 124 EXHIBIT -ll~-\ ___ --:- °15 PAGE _~!l",,"-_OF -...L_=-=_ 18.31 not apply generally to other properties and which support the granting of a variance from the width requirements; 2. That such buffer width variance is necessary for the preservation and enjoyment of substantial property right or use possessed by other similarly situated property but which because of special circumstances is denied to the property in questions; 3. That the granting of such buffer width variance will not be materially detrimental to the public welfare or injurious to the property or improvement; and 4. That the granting of the buffer width variance will not materially affect the subject wetland. E. Coordination with Affected Agencies. To the extent possible, the applicant shall coordinate implementation of these standards and regulations with any required review and approval processes required by state and/or federal agencies with jurisdiction. F. Savings Provision. The regulations of this section shall not be construed or applied to prevent all reasonable use of property. Any relief granted in an individual case shall constitute the minimum necessary to allow reasonable use of and to avoid a taking of the affected property. 18.31.060 Steep slopes and potentially unstable soils. A. Geotechnical Report. In areas designated as environmentally sensitive due to the presence of steep slopes, or potentially unstable soils subject to landslides, severe erosion or seismic hazard, a geotechnical study shall be submitted to the City engineer. The study shall be prepared by a licensed professional engineer, with experience in performing such studies and shall contain such geotechnical and hydrological information as required by the City engineer. This study shall not be required for applications that do not propose development within sensitive areas or the buffers required by this section. B. Development Limitations. Development shall be restricted on slopes of 40% or greater such that not more than 30% of the area shall be disturbed by development activity. The remaining 70% shall not be used for the purpose of determining permitted densities. On sites characterized by slopes greater than 15% but less than 40%, and in areas of potential instability, slide or seismic activity, a geotechnical report shall be submitted by the applicant , included with the development application, and used by the City to help determine appropriate site planning, design, drainage 125 EXHIBIT _-,:::l-\~ ___ . PAGE _q-:...-_OF 15 - 18 .3 1 controls, and construction techniques to mitigate potential adverse environmental impacts and to ensure protection of life and property. C. Buffer Areas. A buffer area of at least 50 feet shall be established from the edge of areas characterized by steep slopes, potentially unstable soils, erosion potential, or seismic activity. The buffer may be extended at the determination of the Planning Manager if a larger buffer is necessary to mitigate adverse impacts and to protect life and property. Existing native vegetation within the buffer area shall be maintained. The buffer may be reduced if the applicant demonstrates to the satisfaction of the Planning Manager that such reduction will adequately protect the public health, safety and welfare. 18.31.070 Streams and watercourses A. All proposals adjacent to streams or watercourses shall provide a buffer/setback area sufficient to protect stream water quality, wildlife and habitat. B Buffers/setbacks shall be measured from the top of bank or high water mark, whichever is discernible in the field and shall be as follows: Stream Class* Buffer Class I 100 feet Class II 50 feet Class III 25 feet Class IV 25 feet Class V 25 feet *As determined by WAC 222-16-030 C. The stream buffer shall be protected by execution of a protective easement or by another mechanism available to the City. D. Degraded streams or water courses shall be revegetated with appropriate native plantings. E. The applicant shall submit a report prepared by a qualified biologist identifying the stream classification(s) consistent with the definitions of WAC 222-16-030. F. The City will develop appropriate conditions to mitigate potential impacts to streams based in the report submitted in subsection (E) of this section. 18.31.080 Tree retention. A tree survey, conducted by a qualified biologist, shall be conducted for all lands proposed to be developed and listed under section 18.31.020 "Scope." A survey shall 126 EX HIBIT _\'--~=---___ _ PAGE I 0 OF -0;:;'1.5,,--_ not be required for lands proposed to be retained as undeveloped open space. "Significant trees" shall mean evergreen trees eight inches (8") in diameter or greater, as measured four feet (4') above existing grade, and deciduous trees, other than red alder or cottonwood, twelve inches (12") in diameter or greater, measured one foot (1 ') above the root crown. To the extent possible, existing healthy significant trees shall be retained. Preservation of groups of significant trees rather than individual trees shall be preferred. All grading shall take place outside the drip line of those significant trees to be retained except that the City Engineer may approve grading within the drip line if it can be demonstrated that such grading can occur without damaging the tree or trees. 18.31.090 Vegetation Removal in Environmentally Sensitive Areas A. Exceptions. This section shall not apply to: 1. Removal of vegetation outside of environmentally sensitive areas; 2. Removal of trees four inches or less in diameter, as measured at the base; 3. Annual removal of vegetation from an area under one thousand square feet; 4. Removal of three or fewer trees over four inches in diameter, as measured at the base; 5. Removal of dead, diseased or dying vegetation and trees; 6. Normal maintenance associated with residential properties, including mowing, rototilling, and pruning; 7. Removal of nonnative invasive plant species, such as Himalayan blackberries and ivy; 8. Removal of vegetation associated with land surveys and environmental surveys; 9. Removal of vegetation related to the construction, installation, and maintenance of public utilities. B. Vegetation removal permit required. All persons seeking to remove vegetation from an environmentally sensitive area shall first obtain a permit from the City of Camas. An application for such permit shall be filed with the Public Works Department and shall contain information relating to the proposed removal of vegetation, including but not limited to the location and species of plants and vegetation proposed to be removed, the contours of the subject property, soils information, the proposed schedule of removal, and any other information required by the Public Works Director. C. Preliminary review. 1. Upon receipt of an application for a vegetation removal permit, the Public Works Director or his/her designee shall conduct a preliminary review. If the Public Works Director finds that the proposed vegetation removal is exempt, or will have no adverse environmental impact, then the Public Works Director EXHIBIT H --'--'-------- 127 PAGE \ 1 OF 15 18,31 shall issue a letter stating that the provisions of this section do not apply and that no permit is required. 2. If the Public Works Director finds that the proposed vegetation removal is not exempt, and there is potential for an adverse environmental impact, then a vegetation removal permit shall be required. Any uncertainty regarding the degree of environmental impact shall be resolved in favor of finding an adverse impact. D. Vegetation management plan as part of vegetation removal permit. 1. Not required. For those application that the Public Works Director determines a permit is necessary, the Public Works Director shall make a further determination of whether a vegetation management plan shall be required. If the proposed vegetation removal is minor in nature, and, if in the opinion of the Public Works Director, adverse environmental impacts can be mitigated without requiring a vegetation management plan, then the Public Works Director may issue a permit with mitigating conditions as may be appropriate. 2. Required. For those applications that the Public Works Director determines a permit is necessary and which are determined not to be minor in nature, a vegetation management plan shall be required prior to issuance of the permit. E. Vegetation management plan -standards. Vegetation management plans shall meet the following standards: 1. Vegetation management plans shall be prepared by a qualified arborist. 2. If the proposed vegetation removal impacts a steep slope or area with potentially unstable soils, the vegetation management plan shall contain a certification by a qualified geotechnical engineer that the removal of vegetation in accordance with the vegetation management plan will not cause erosion or increase the likelihood of a landslide. 3. Where possible, proposed vegetation removal activities proximate to environmentally sensitive areas should be configured in a manner which avoids impacts. 4. Where possible, limbing, pruning or thinning should be utilized in lieu of removal of vegetation. 5. Vegetation removal should normally be mitigated through vegetation enhancement in the form of additional plantings. 6. Vegetation management should be done in the manner that takes into consideration stormwater runoff, slope stability, view enhancement, and wildlife habitat. 7. The schedule for removal and planting should be done in such a manner as to optimize the survival of the modified vegetation and new plantings. 8. Monitoring of vegetation survival may be required, and should normally include reports and photographs to the Public Works director or his designee. EXHIBiT --LH~ __ --;---::r-- PAGE ~_ ~ l d-OF is 128 18.31 9. Vegetation removal for purposes of view enhancement shall be limited to view corridors, as opposed to removal of vegetation over a larger area. 10. Vegetation management plans shall bear the certification of the qualified arborist and any other registered professional involved in its preperation or implementation. 11. Vegetation management plans should contain a provision requiring thirty days written notice to the city prior to any removal or replanting of vegetation. F. Bonding. A bond may be required to insure proper maintenance, replacement or repair of areas altered under a vegetation removal permit. The bond amount shall be not less than 1.25 times the value of the plantings to be planted following removal of vegetation. G. Incorporation. The provisions of an approved vegetation management plan shall be incorporated into the covenants, conditions and restrictions of any approved development, the conditions of approval and referenced on the plat of an approved subdivision or planned development, or conditions of any other type of development permit. H. Process. Vegetation removal permits shall be processed as an administrative review subject to notice pursuant to Chapter 18.55. 18.31.100 Wildlife habitat. Report required. Applicants for proposals listed under section 18.31.020 "Scope" shall submit a study, prepared by a qualified biologist, to determine the presence or absence of unique, sensitive, or valuable wildlife and habitat. The presence or absence of such species shall be determined by the field studies required by this section and shall be defined with reference to lists, categories and definitions of species promulgated by the appropriate federal and state agencies; or as designated by the City. Such studies shall contain: A. An inventory and mapping of plants and animals species/communities on and in the immediate area of the site proposed for development, -including a cover type map based on cover type classifications established by the City; B. A list of plant and animal species found or that could be expected to be found on and in the immediate area of the site, including identification of any species listed or identified as threatened, endangered, sensitive, monitor, priority or of special concern; C. An analysis of potential adverse impacts from proposed development of the subject property including those resulting from fragmentation of habitat and potential cumulative impacts; D. A management plan identifying measures designed to mitigate identified impacts. EX H I BIT --'-::\-",-l ----r---;r--- PAGE _1..=3~OF ~/6 __ 129 18.31 E. The required study may be submitted in conjunction with an environmental checklist for the proposal, as required by Chapter 16.12, and shall be used by the City's responsible official to help make the appropriate threshold determination. In making its determination, and in evaluatingthe required study, the City shall consult with state and federal agencies with expertise. ' F. After review of the required studies, the Planning Manager shall propose conditions of approval designed to preserve identified wildlife and habitat to the extent possible. 18.31.110 Mandatory Preservation A. As a condition of development approval for any development application set forth in Section 18.31.020(A), the applicant shall set aside and preserve all sensitive areas, except as otherwise permitted by this chapter. To insure that such areas are adequately protected, the applicant shall cause a protective mechanism acceptable to the City to be put in place. B. For property zoned single family residential or multifamily residential, the applicant shall receive a density transfer to the remainder parcel that is equal to the density lost due to the property set aside, except that the density transfer shall not exceed thirty percent of the allowable density for the entire development if it were not encumbered with sensitive lands. 18.31.120 Negotiated Preservation A. The City and a landowner may negotiate an agreement whereby property is set aside and preserved with a protective mechanism. A negotiated preservation may be done incidental to a development proposal or may be done independently of any development proposal. B. To be eligible for a negotiated preservation, the property to be set aside must be 1) part of the Open Space Network, 2) an Open Space Connector identified in the Parks, Recreation and Open Space Comprehensive Plan, 3) land satisfying the open space criteria of Section 4.4 of the Parks, Recreation and Open Space Comprehensive Plan, or 4) a park site identified in the Parks, Recreation, and Open Space Comprehensive Plan. C. The City may as part of any negotiated preservation provide the landowner with: 1. density transfer; 2. a density bonus; EXHiBIT --l\-\-...:----~::;__­ PAGE ----'"'--'y ._OF .--..;15~_ 130 18 ,31 I 3. a credit against park and open space impact fees; 4. cash from the parks and open space impact fee fund or the general fund; or 5. any combination of the above. EXHiBiT _H-:--'---:-15 -"- PAGE _ 1:5 Of --- 131 Chapter 18.39 HOME OCCUPATIONS Purpose. Definitions. Types distinguished. 18.39 Sections: 18.39.010 18.39.020 18.39.030 18.39.040 18.39.050 Criteria for Approval -Type 8 Home Occupation. Complaints/Enforcement. 18.39.010 Purpose. The purpose of the home occupation chapter is to address the need for small scale home based business' and to ensure they are suitable to the characteristic of the surrounding neighborhood or the area. The regulations are designed to: A. Protect the individual characteristics of neighborhoods in the City of Camas and maintain the quality of life for all residents of the City. B. Join in an effort to reduce vehicle miles traveled, traffic congestion and air pollution in the State of Washington. . 18.39.020 Definitions. A. Employee -one full or part time participant, resident or non-resident, in the business shall constitute one employee. B. Normal deliveries -The home occupation shall not involve the use, parking, or storage of any vehicle exceeding a gross vehicle weight of 11,000 pounds except deliveries by parcel post, United Parcel Service, or similar in-town delivery service trucks. These deliveries or pick-ups of supplies or products, associated with business activities are allowed at the home only between 7 a.m. and 6 p.m. C. Headquarters - A business operation where employees come to the site at any time. D. Vehicles or motors -vehicles or equipment with internal combustion engines (such as autos, motorcycles, scooters, snowmobiles, outboard marine engines, lawn mowers, chain saws, and other engines). 18.39.030 Types Distinguished. A. Type A Home Occupation: A home occupation where the residents use their dwelling as a place of work. Type A Home Occupations may be established subject to the filing of a statement on forms provided by the Director indicating the occupants understanding of and agreement to satisfy all of the following: 1. No non-resident employees; 2. With the exception of horticultural activities, the home occupation is conducted wholly within an existing enclosed dwelling or structure; 3. No dwelling or accessory structure shall be constructed, modified or altered to accommodate a home occupation in such a way as to alter the EXHiB l i ---3 144 PAGE _........:. __ OF ---~ residential character of the property or to render its appearance incompatible with neighboring residences; 18.39 4. Deliveries shall be limited to "normal deliveries" as defined in this chapter. 5 . No outdoor storage or displays shall occur (including vehicle parking associated with the Home Occupation); 6. No signage shall be allowed; 7. No noise above 50 dba (decibels adjusted) at the property lines shall be permitted; 8. The primary function of the home occupation shall not be based on the maintenance, repair or assembly of any vehicles or motors associated with any vehicle, yard equipment, or construction/demolition equipment; 9. A Type A Home Occupation may not serve as headquarters or dispatch where employees come to the site; 10. The occupant of the home in which the occupation will take place completes and submits to the City 9 Type A Notification Form indicating an understanding of the limitations to the use. B. Type B Home Occupation: A home occupation where the residents use their dwelling as a place of work but exceeds the standards of the type A home occupation. Type B Home Occupations shall be processed as per Chapter 18.55.040 -Administrative Decisions and 18.55.200 - Administrative Approvals Subject to Notice. Type B-Home Occupations shall be filed on forms provided by and in the manner set forth by the City Planner. 18.39.040 Criteria for Approval-Type B Home Occupation. Administrative approval shall be guided by the following criteria: A. The home occupation employs no more than one non-resident employee; B. No dwelling or accessory structure shall be constructed, modified or altered to accommodate a home occupation in such a way as to alter the residential character of the property or to render its appearance incompatible with neighboring residences; C. No dwelling or accessory structure shall be used for a Type B home occupation, nor constructed, modified or altered to accommodate a Type B home occupation without the appropriate review and approval of the Building Official. D. The site has adequate on site parking to accommodate any additional traffic resulting from the use; E. Traffic generated by the home occupation shall not noticeably effect the residential character of the neighborhood; F. Deliveries shall be limited to "normal ,deliveries" as defined in this chapter. G. No outdoor storage or display; H. Signage limited to one sign not to exceed four square feet. The sign shall be affixed to the dwelling and non-illuminated and non-mechanized. l EXHiD IT ___ --------- Q?. OF _3 ____ _ 145 PAGE 18.39 I. No noise above 50 dba at the property lines. J. The primary function of the home occupation shall not be based on the maintenance, repair or assembly of any vehicles or motors associated with any vehicle, yard equipment, or construction/demolition equipment; K. Each approval shall be specific for the particular home occupation and reference the number of employees allowed, the hours of operation, frequency and type of deliveries, the type of business and any other specific information for the particular application. 18 .39.050 Complaints/Enforcement. Any complaint made that a home occupation is being conducted in violation of this chapter shall be enforced pursuant to Article VII Enforcement of Chapter 18.55. I EX I-! ! B iT _----.:.. ___ --,;;::--_ PAGE 3 _ .. OF ___ 3 __ 146 Chapter 18.41 NONCONFORMING LOTS, STRUCTURES AND USES Sections: 18.41 010 18.41.020 18.41.030 18.41.040 18.41.050 18.41.060 18.41.070 18.41.080 18.41.085 18 .41.090 18.41.100 18.41 .110 18.41.120 18.41.130 18.41.140 18.41.010 Purpose. Purpose. Scope. Definitions. Buildable lot of record. Continuance. Discontinuance. Nonconforming Structures. Nonconforming land uses. Nonconforming Dwelling Units. Nonconforming landscaping. Nonconforming parking lots. Nonconforming manufactured and mobile homes. Signs. Conversion-removal. Agriculturel Ranching (AIR) Nonconforming Permitted Use. The purpose of this chapter is to establish limitations on the expansion of nonconforming uses and structures. 18.41.020 Scope. The provisions in this chapter shall apply to structures, land or uses which become ( nonconforming as a result of a change of the zoning map, annexation, or changes made in the in the zoning ordinance. Special provisions address the Agriculture/ Ranching (AIR) designation in this chapter. In the case of a conflict between the general provisions of this chapter regulating nonconforming uses and the provisions of this section governing land classified as A/R, the provisions of AIR sections shall prevail. 18.41.030 Definitions. A. "Nonconforming building or structure" means any building or structure which does not comply with one or more of the regulations in the zoning code by reason of a change in the zoning map, annexation or a change in the zoning ordinance. EXHIBIT J ___ ~ __ PAGE I OF g ----147 B. "Nonconforming use" means a lawful use of land prior to the adoption, amendment or revision of this code, but fails by reason of such adoption, revision, or amendment to conform to the zoning district in which it is located. C. "Lot of record" is a parcel which was in compliance with both the platting, if applicable, and zoning laws in existence when the parcel was originally created. 18.41.040 Buildable lot of record. An authorized use or structure may be erected on a vacant lot of record containing less area than required by the zone district in which it is located; provided, setback requirements as well as other applicable dimensional standards of this title are met. (For example, a 50' x 100' (5000 sq. feet) lot of record which is nonconforming by current zoning regulations may be built upon as long as the setbacks, building height, and lot coverage provisions are met.) 18.41.050 Continuance. A. A nonconforming use or building may be continued, provided it complies with the following sections: 18.41.070 "Nonconforming structures" and 18.41.080 "Nonconforming land uses." B. In order for a nonconforming use or building to continue it must have been lawfully established prior to the change in the zoning map, annexation, or change in the zoning code that caused it to be a nonconforming use or building. 18.41.060 Discontinuance. A. A nonconforming use shall be discontinued if it ceases to be used continuously for that particular use for six consecutive months. B. A nonconforming building or structure shall be discontinued if it ceases to be used continuously for the purpose for which it was built for 12 consecutive months. C. A nonconforming building or structure shall be discontinued if it is destroyed by fire or other cause and rebuilding does not commence within 12 months. D. The City Planner shall have the discretion to extend the time limitations of Subsections A, B, and C of this Section due to special circumstances beyond the control of the owner or occupant of the non-conforming use or non- conforming structure. Examples of special circumstances include but are not limited to disputes over insurance settlements in the case of fire or other T EXHiBIT __ , ~-. 148 P!\GE __ ~ __ OF casualty, delay in transferring title due to probate proceedings, litigation that impacts continuation of a non-conforming use or non-conforming structure, labor strikes, war, and acts of God. The decision of the City Planner denying any request for an extension may be appealed to the City Council pursuant to Section 18.55.280. 18.41.070 Nonconforming Structures. A nonconforming structure or building may be continued so long as the structure conforms to the following provisions: A. A building conforming as to use but nonconforming as to the density provisions of the district in which such building is located may be altered, repaired, or extended, providing that the alteration, repair, or extension does not further exceed or violate the appropriate density provisions. (For example, a building encroaching in a setback area shall not further encroach into the setback area as a result of an alteration). B. A building designed and built for, or devoted to, a nonconforming use at the time of the adoption of the code, may not be enlarged or structurally altered unless the use of such building is changed to a conforming use or to a more appropriate use in accordance with Section 18.41 .080 (E.) "Nonconforming land uses." 18.41.080 Nonconforming Land uses. A nonconforming use of land may be continued so long as it is conforms to the following provisions: A. No such nonconforming use shall be enlarged or increased nor extended to occupy a greater use than was occupied at the effective date of adoption of this title; B. No nonconforming use shall be moved in whole or in part to any other portion of the lot occupied by such use at the effective date of adoption or amendment of this title; C. If any such nonconforming use ceases for any reason for a period of more than six months, any subsequent use shall conform to the regulations specified by this title for the district in which such use is located; D. No existing structure devoted to a use not permitted by underlying zone in which it is located shall be structurally altered, except in changing the use of the structure to a use permitted in the zone in which it is located; EXHIBIi _T _ PAGE 3 OF g 149 E. If non structural alterations are made, any nonconforming use of a structure or structure and premises may be changed to another nonconforming use, provided that the Zoning Board of Appeals, by making finding in the specific case, shall find that the proposed use is more appropriate to the zone than the existing nonconforming use. In permitting such change, the Zoning Board of Appeals require appropriate conditions and safeguards in accord with the provisions of this title; F. Any structure, or structure and land in combination, in or on which a nonconforming use becomes a permitted use, shall thereafter conform to the regulations for the zone in which such structure is located. 18.41.085 Nonconforming Dwelling Units. A. Structural alterations of a dwelling unit necessary to comply with public health or safety issues, as determined by the Planning Manager or Building Official may be permitted without review. B. Notwithstanding other provisions of this chapter, nonconforming dwelling units may be enlarged, replaced or structurally altered when at the discretion of the Planning Manager, the following are satisfied: 1. The proposed enlargement or structural alteration will not result in additional dwelling units on the site; 2. The proposed enlargement or structural alterations will generally result in improvements to the subject property and character of the surrounding area. 3. In the case of enlargement, the enlarged portion of the dwelling unit conforms to the dimensional requirements of the zone. 18.41.090 Nonconforming landscaping. Adoption of the landscaping regulations contained in this title shall not be construed to require a change in the landscape improvements for any legal landscape area which existed on the date of adoption of this title, unless and until change of use or alteration of the structure is proposed. At such time as a change is proposed for a use, or structure, and associated premises, which does not comply with the landscape requirements of this title, a landscape plan which substantially conforms to the requirements of this title shall be submitted to the City prior to the issuance of building permits. The City may modify the standards imposed by this title when, in its judgment, the existing and proposed additional landscaping and screening materials together will adequately screen or EXHIBIT PAGE :j Lj OF _"~'Z:_ 150 buffer possible use incompatibilities, soften the barren appearance of parking or storage areas, and/or adequately enhance the premises appropriate to the use district and location of the site. 18.41.100 Nonconforming parking lots. Nothing in the "Parking" chapter (18.11) of this title shall be construed to require change in any aspect of a structure or facility covered including but not limited to, parking lot layout, loading space requirements and curb-cuts, for any structure or facility which existed on the date of adoption of this title. If a change of use takes place, or an addition is proposed, which requires an increase in the parking area the requirements of Chapter 18.11 "Parking" of this title shall be complied with for the additional parking area. 18.41.110 Mobile homes. -Replacement -Manufactured homes Legally preexisting mobile homes may continue to exist and be used, but if replaced the replacement shall not be a mobile home. The mobile home may be replaced with a HUD-approved manufactured home and must also meet the following standards: A. Shall have roofing material that is residential in appearance including, but not limited to approved wood, asphalt composition shingles or fiberglass, but excluding corrugated aluminum, corrugated fiberglass or metal roof; B. Shall have a minimum roof pitch of 3 inch rise for each 12 inches of run, or about 25%. c. Shall be installed in accordance with manufacturers instructions, which shall include design specifications for earthquake and wind load factors. D. Shall have exterior siding that is residential in appearance including, but not limited to, clapboards, simulated clapboards such as conventional vinyl or metal siding, wood shingles, shakes or similar material, but excluding smooth, ribbed, or corrugated metal or plastic panels; E. Shall have the hitch, axles and wheels removed. F. Shall be set on a perimeter foundation or pier blocks, and thereafter, properly backfilled or skirted. 18.41.120 Signs. For nonconforming signs, see the applicable regulations in sections 18.15.190 through 18.15.210. 18.41.130 Conversion-Removal. EXHIBIT S -t PAGE 5' OF~~- 151 A. Conversion or removal of a nonconforming structure or use shall be commenced not later than 60 days after the date of abandonment and shall be completed within six months thereafter. B. In the event of a failure of the owner of record to complete, or cause to be completed, removal or conversion, the City Planner may within 90 days after notice to the owner of record, cause or undertake removal of all nonconforming structures or uses and charge the cost thereof against the property. 18.41.140 Agriculture I Ranching (AlR)-Nonconforming Permitted Use There is created a special category for nonconforming uses of land used either commercially or noncommercially for the raising of crops or livestock or any similarly related farming, ranching or agricultural use. Such land shall be classified AIR. In the case of a conflict between the general provisions of this chapter regulating nonconforming uses and the provisions of this section governing land classified as AIR, the provisions of this section shall prevail: A. Annexation. Any land annexed to the City that is used either commercially or noncommercially for the raising of crops or livestock or any similarly related farming, ranching or agricultural purpose shall be classified as AIR. Subject to the provisions of this section regarding sale, partition, conveyance, or other transfer of such land, and subject to the provisions of Section 18.41.060 regarding discontinuance of use, the AIR classification shall be perpetual. B. Sale restrictions. Property that is classified as AIR and that is sold, conveyed, or transferred as an entire unit shall continue to be classified as AIR so long as the new owner or transferee continues to use the land for agricultural purposes. An entire unit of land for agricultural purposes of this section, shall include all land that is owned by the same person or persons and that is contiguous, exclusive of public roads. C. Partial sale. Upon sale, conveyance, transfer, or partition of less than an entire unit of land, only one parcel of the entire unit of land so divided shall be allowed to retain the AIR classification. The parcel retaining the AIR classification shall be designated by the seller, must consist of a minimum of 10 acres, and must then constitute an entire unit of land that will continue to be used for agricultural purposes . The parcel or parcels not retaining the AIR classification shall be no longer classified as nonconforming and shall be zoned in accordance with the zoning classification then in effect pursuant to the zoning ordinance of the City. D. Residential Structures. A second residential structure may be constructed on land classified AIR without requiring a partition or sale of the land, and without EXHIBIT --;-J"' ___ -=-_ PAGE _-=t.o~_Of --.;g~_ 152 causing a change in the AIR classification of the land, provided however, that ownership of the entire unit of land shall remain within the same family. For purposes of this section, family shall include lineal descendants, lineal ascendants, and siblings of the record owner of said land. E. Construction of any new residential structures or garages used for nonagricultural purposes and any alterations, modifications or additions to existing residences or garages used for nonagricultural purposes shall be done in conformity with the City building code and shall be subject to standard permit fees and inspection procedures. F. Accessory structures. Accessory or secondary structures used for agricultural purposes and alteration, modification, and additions to existing accessory or secondary structures used for agricultural purposes shall be exempt from City building code requirement including permit fees and inspections. Nothing contained in this section shall be deemed to exempt such accessory structures from applicable state safety, health and construction regulations . G. Such accessory or secondary structures used for agricultural purposes shall not be subject to density or setback requirements of the City, except that any new accessory structures shall be set back at least 50 feet from the property line when land classified AIR abuts property which is not classified AIR. H. Fences. Barbed wire and electric fences shall be permitted on land classified AIR. All electric fences in such instances shall be clearly identified. Maintenance, repair, and replacement of existing fences shall be governed by state law. The provisions of Section 1.8.17.050 "Fences." of this code shall not apply to land classified AIR. I. Water systems.:. Land classified AIR shall be permitted to have its own domestic and agricultural water supply systems so long as the water used for domestic purposes meets state health and safety standards. Periodic inspections of domestic water systems may be required to insure compliance with state health standards, or in the alternative, proof of compliance with state health standards may be required. J. Sanitary systems. Land classified AIR shall be permitted to have its own self- contained sanitary system so long as the entire unit of land consists of one acre or more. State health standards shall apply to such sanitary systems and the operations thereof, and periodic inspections or proof of compliance may be required to insure that such health standards are not being violated. K. Lot clearing. City ordinances governing the clearing of vacant land lots shall not be applicable to land classified as AIR; provided, however, that the vacant land lot clearing regulations will apply to a 15 foot strip adjacent both to any EXHIBIT T ___ -;r-.- PAGE __ 1...:....-._0F ~ 153 public road and to any contiguous property not classified AIR. Nothing in this section shall be construed to relieve the owner of such land from state and county regulations for weed control, such as: tansy ragwort, Canadian thistles, and other noxious weeds. L. Product sale. Sales of products derived from farming, ranching and similar agricultural activities on land designated AIR may be conducted on such property and shall be subject to state regulations governing the same. M. Signs. The regulations governing signs in Chapter 18.15 for the respective zones shall be applicable. N. Variance-Conditional use. The provisions of Chapter 18.43 and 18.45 of this code -pertaining to conditional uses and variances shall be applicable to property classified AIR. O. Nuisances. Sounds, odors, activities, and conditions that are incidental to and a normal part of agricultural uses shall not be a cause for complaint and shall not constitute a nuisance on land classified AIR under the relevant ordinances of the City. EXH!BIT '""":3rr-__ ---,.....---_ PAGE _2' __ Of Y ----154 Chapter 18.45 VARIANCES Sections: 18.45.010 18.45.020 18.45.030 18.45.040 18.45.050 18.45.060 18.45.070 18.45.080 18.45.090 Purpose. Planning Commission authorization. Criteria for granting a variance. Conditions for granting -extension. Application requirements. Application -hearing and notice. Application -Board decision. Prohibited variance. Appeal. 18.45.010 Purpose. It is the purpose of this chapter to authorize upon appeal in specific cases, such variances from the provisions of the zoning ordinance or other land use regulatory ordinance as the City may adopt which will not be contrary to the public interest and only where, owing to special conditions, a literal enforcement of the provisions of such ordinance(s) would result in unnecessary hardship. 18.45.020 Planning Commission authorization. Where an applicant requests a variance simultaneous with another development permit, the Planning Commission is authorized to recommend to the City Council the granting or denial of a variance. In acting upon a variance the Planning Commission and Council shall follow the procedures and criteria specifically required in this chapter in making a decision. 18.45.030 Criteria for granting a variance. The Zoning Board of Adjustment, (or Planning Commission in accordance with Section 18.45.020) shall consider all requests for variances from the zoning code; a variance from the provisions of such ordinances shall not be granted unless all of the following facts and conditions exist; A. The variance shall not constitute a 'grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and in the zone in which the application was filed is located; B. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surrounding of the subject property in order to provide it with use, rights, and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; EXHIBIT _:-/~-:...--_-157 PAGE _-:-/_OF ~3,---_ C. The granting of such variance will not be materially detrimental to the public . welfare or injurious to the property or improvements in the vicinity and in the zone in which the subject property is located; D. The authorization of such variance will not adversely affect the implementation of the Comprehensive Plan; E. The granting of such variance does not diminish the property rights enjoyed by the owners in the same vicinity. 18.45.040 Conditions for granting -extension. In authorizing the variance, the Zoning Board of Adjustment may attach thereto such conditions that it deems to be necessary or desirable in order to carry out the intent and purpose of this chapter and the public interest. A variance so authorized shall become void after the expiration of one year or longer period as specified at the time of the Zoning Board of Adjustment action, if no building permit has been issued in accordance with the plans for which such variance was authorized, except that the Zoning Board of Adjustment may extend the period of variance authorization without a public hearing for a period not to exceed 12 months upon a finding that there has been no basic change in pertinent conditions surrounding the property since the time of the original approval. 18.45.050 Application requirements . An application to the Zoning Board of Adjustment for the issuance of a variance shall be made on forms provided by the City. All applications shall be accompanied by a filing fee set time to time by resolution of the City Council. 18.45.060 Application -hearing and notice. When a proper and complete variance application has been filed, and reviewed by the Building Department, the Zoning Board of Adjustment shall set a date for public hearing, pursuant to notice requirements of Chapter 18.55.160. 18.45.070 Application -Board decision. The Zoning Board of Adjustment shall decide all applications no later than 45 days after the public hearing. 18.45.080 Prohibited variance. Under no circumstances shall the Zoning Board of Adjustment grant a variance to permit a use not outright or conditionally permitted in the zone involved, or any use expressly or by implication prohibited by the terms of this title. t-< EXH! BIT _-'-_ ... ___ .... _____ ... PAGE _..::=;~ _____ OF 3 158 18.45.090 Appeal. The action of the Zoning Board of Adjustment in granting or denying the application for a variance shall be final and conclusive, unless, within ten days from the date of the Board's action, the original applicant or an aggrieved party petitions the Superior Court of Clark County under the Land Use Petition Act. EXHIBIT __ K~ ___ _ PAGE 3 OF __ • ~3 __ 159 Chapter 18.47 TEMPORARY USE PERMITS Section: 18.47.010 18.47.020 18.47.030 18.47.040 18.47.050 18.47.060 18.47.070 18.47.080 18.47.090 18.47.100 Purpose. Permit required. Application. Exemptions. Criteria for approval. Time limitation. Limitation on activity. Removal of temporary use. Abatement. Assurance device. 18.47.010 Purpose. 18 .4" It is the purpose of this chapter to provide an administrative approval process whereby the City may permit uses to locate within the City on an interim basis without requiring full compliance with the development standards 'for the applicable zoning district, or by which the City may allow seasonal or transient uses not otherwise permitted. ' 18.47.020 Permit Required. A. No temporary use shall be permitted within the City except in accordance with the provisions of this chapter. A temporary use permit is required for temporary uses except those specifically exempted pursuant to Section 18.47.040 "Exemptions." B. The property owner or the agent of the property owner may apply for a temporary use permit on private property. Any person may apply for a temporary use permit within a public right-of-way. 18.47.030 Application. The application for a temporary use permit shall be submitted on forms obtained from the Public Works Department. The application shall contain all the information required by the City. The Public Works Department shall verify that the application is consistent with the requirements of this chapter, and that the application contains proof of a legitimate business, if applicable. Temporary uses shall be processed in accordance with Section18.55.190 "Administrative approvals without notice." L EXt 1131T ------:::;::-- I Orr 3 PAGE-~--160 18 .4 7 18.47.040 Exemptions. The following activities are exempt from the permit requirements of this chapter, but shall comply with other substantive requirements of this chapter, unless specifically noted otherwise: A. Garage sale and yard sale; B. City sponsored uses and activities not occurring within a structure, and occurring at regular periodic intervals (i.e., weekly, monthly, yearly, etc.). C. Fireworks stands operating under a permit issued by the Fire Marshalls office. D. Christmas tree lots. 18.47.050 Criteria for approval. A. The Planning Manager may approve, or modify and approve an application for a temporary use permit if all of the application satisfies all of the following criteria: 1. The temporary use will not be materially detrimental to the public health, safety or welfare, nor injurious to property or improvements in the immediate vicinity; 2. The temporary use is compatible with the purpose and intent of this title, and the specific zoning district in which it will be located in accordance with the Chapter 18.07 "Use Authorization;" 3. The temporary use is compatible in intensity and appearance with existing land uses in the immediate vicinity; 4. Structures proposed for the temporary use comply with the setback and vision clearance area requirements of this title, and with applicable provisions of the Building and Fire Codes; 5. Adequate parking is available to serve the temporary use, and if applicable, the temporary use does not occupy required off-street parking areas for adjacent or nearby uses. 6. Hours of operation of the temporary use are specified; 7. The temporary use will not cause noise, light, or glare which adversely impacts surrounding land uses. B. The Planning Manager may authorize a temporary use permit for a use not specifically listed in Chapter 18.07 "Use Authorization." L EXH! BIT --------::;:-' PAGE __ ~ ___ -Or 3 161 ~i 8.47 1B.47.060 Time limitation. A temporary use is valid for up to 180 calendar days from the effective date of the permit, however, the Planning Manager may establish a shorter time frame. The Planning Manager may grant one extension not to exceed 60 days, upon the applicant showing compliance with all conditions of permit approval. 1B.47.070 Limitation on activity. A property owner or other holder of a temporary use permit may not file an application for a successive temporary use permit for 60 days following the expiration of an approval permit applying to that property. 1B.47.0BO Removal of a temporary use. The Planning Manager shall establish, as a condition of each temporary use permit, a time within which the use and all physical evidence of the use must be removed. If the applicant has not removed the use as required by the temporary use permit, the City may abate the use as provided in Section 18.47.090 "Abatement." 1B.47.090 Abatement. Prior to the approval of a temporary use permit, the applicant shall submit to the Planning Manager an irrevocable, signed and notarized statement granting the City permission to summarily enter the applicant's property with reasonable notice and abate the temporary use, and all physical evidence of that use if it has not been removed as required by the terms of the permit. The statement shall also indicate that the applicant will reimburse the City for any expenses incurred in abating a temporary use under the authority of this chapter. 1B.47.100 Assurance device. In appropriate circumstances, the Planning Manager may require a reasonable performance of maintenance assurance device, in a form acceptable to the Finance Department, to assure compliance with the provisions of this title and the temporary use permit as approved. 1- EXHIBIT -------- PAGE 3 OF .-;3~_ 162 ,18 .55 Chapter 18.55 DEVELOPMENT CODE ADMINISTRATION Sections: Article I Introduction. 18.55.010 Purpose. 18.55.020 Conflict of provisions. Article II Administration. 18.55.030 Roles and responsibilities. 18.55.040 Administrative decisions. 18.55.050 Zoning Board of Adjustment. 18.55.060 Planning Commission. 18.55.070 City Council. Article III Consolidation application process 18.55.080 Application. 18.55.090 Pre-application meetings. 18.55.100 Contents of applications. 18.55.110 Letter of completeness. 18.55.120 Technical review committee. 18.55.130 Environmental review. Article IV Public Notice Requirements 18.55.140 Notice of development application. 18.55.150 Notice of administrative approvals. 18.55.160 Notice of public hearing. 18.55.170 Notice of appeal hearing. 18.55.180 Notice of decision. Article V Review and Approval Process 18.55.190 Administrative approvals without notice. 18.55.200 Administrative approvals subject of notice. 18.55.210 Planning Commission review and recommendation. 18.55.220 City Council action. 18.55.230 Procedures for public hearings. 18.55.240 Procedures for closed record appeals. 18.55.250 Reconsideration. 18.55.260 Remand. 18.55.270 Final Decision. Article VI Appeals 18.55.280 Appeal of administrative interpretations and approvals. 18.55.290 Appeal of Planning Commission recommendations. 18.55.300 Appeal to the City Council. 18.55.310 Judicial appeal. Article VII Enforcement EXHIBIT --L.tY\.1-1-__ _ 18.55.320 Enforcing authority. PAGE I OF c9. Lf 171 18.55 18.55.330 General penalty. 18.55.340 Application. 18.55.350 Civil regulatory order. 18.55.360 Civil fines. 18.55.370 Review of approved permits. 18.55.380 Revocation or modification of permits and approvals. Article VIII Tables 18.55.390 Development review tables. 18.55.400 Table 1 Development Review and Approval Authority 18.55.410 Table 2 Development Review Process Article I Introduction 18.55.010 Purpose. This chapter provides for application, review and approval processes for land development in the City of Camas. It is further intended to comply with state guidelines for combining and expediting development review and integrating environmental review and land use development plans. Final decision on development proposals shall be made within 120 days of the date of the Letter of Completeness except as provided in Section 18.55.270 "Final Decision." 18.55.020 Conflict of provisions. In the event of any conflict between the provisions of this Chapter and the provisions of Title 15 relating to building, Title 16 relating to environment , Title 17 relating to subdivisions, and this chapter, the provisions of this chapter shall prevail. ARTICLE II ADMINISTRATION 18.55.030 Authority, roles and responsibilities. The regulation of land development is a cooperative activity including many different elected and appointed boards and City staff. The specific responsibilities of these bodies is set forth in Table 18.55 -1 A developer is expected to read and understand the City Development Code and be prepared to fulfill the obligations placed on the developer by this chapter and Titles 15 through 18 of the Camas Municipal Code. Table 18.55 -1 Authority, roles and Responsibilities Roles: Responsibilities: Public Works Director: • Threshold and final environmental determinations. • Shoreline permits • Reviews subdivision, planned EXHiBl1 .-ffi--~ ~ u PAGE ~ OF ~...;....'-,---172 18.55 developments, and binding site plans Engineering Manager: • Clearing/ Grading permit • Right-of-way use • Encroachment permit • Reviews subdivision, planned developments, and binding site plans Planning Manager: • Minor modifications/ planning • Design Review • Lot line adjustment • Short plat • Variances/ planning related • Conditional use permit • Unclassified use permit • Temporary use permit • Planned developments • Subdivisions preliminary and final plat • Binding site plan • Threshold and final environmental determinations. • Shoreline permits • Zoning code amendments • Comprehensive plan amendments • Annexation • Area-wide zoning • Home Occupations EXHIBI T _0\ PAGE ~3=---_OF ~ 1-\ 173 18,5 5 Roles: Responsibilities: Building Official: • Certificate of occupancy • Minor modifications/ building • Building permits • Home occupation permit • Variances/ building related Fire Marshal: • Reviews subdivision, planned developments, and binding site plans 18.55.040 Administrative Decisions. A . Authority: Public Works Director, Planning Manager, Engineering Manager, Fire Marshal, and Building Official are responsible for the administration of Titles 15 through 18 of the Camas Municipal Code. B. Delegation: The Directors may delegate responsibility for Administrative Approvals to an appropriate Designee. C. Administrative Approvals: The Public Works Director, Planning Manager or their Designees may approve, approve with conditions or deny the following without notice: 1. Certificate of occupancy; 2. Minor amendments or modifications to approved developments or permits. Minor amendments are those which may affect the precise dimensions or location of buildings, accessory structures and driveways, but do not affect (i) overall project character, (ii) increase the number of lots, dwelling units, or density or (iii) decrease the quality or amount of open space,or -(iv) vary from specified dimensional standards of this Title; 3. Right-of-way use; 4 . Residential or commercial building permits; 5. Lot line adjustment; 6. Development code interpretations; 7 . Temporary use permit; 8. Design Review. EXHIBIT _m:--=-l..----, PAGE ~ OF _ct_Lf-'---_ 174 18.55 D. The authority may grant preliminary approval or approval with conditions, or may deny the following actions subject to the notice and appeal requirements of this section: 1. Clearing and Grading permit; 2. Short Plat; 3. Threshold and final determinations (SEPA); 4. Type B -Home Occupations. 18.55.050 Zoning Board of Adjustment The Zoning Board of Adjustment shall review and act on the following subjects: A. Variances not connected with an underlying land use action, approved by Planning Commission and Council from the standards and dimensional regulations of the Zoning Code, Title 18, such as height, width, size, setback and yard restrictions. B. Amortization periods for nonconforming signs. C. Appeals from other administrative decisions as may be determined by other ordinances of the City. The review criteria and procedures for the Zoning Board of Adjustment are contained in Chapter 18.45 "Variances." 18.55.060 Planning Commission. The Planning Commission shall review and make recommendations on the following applications and subjects: A. Conditional Use Permit; B. Variances in accordance with Section 18.45.020; C. Unclassified Use Permit; D. Planned Developments; E. Preliminary Plat; F. Binding Site Plan; G. Shoreline Permits; H. Street Vacation; 175 18.55 I. Special Planning Studies; J. Planning Policies and Procedures; K. Project Rezones; L. Area-Wide Zoning; M. Comprehensive Plan Amendments; N. Amendments to the Zoning Map; O. Amendments to the Building Code (Title 15), Environment Code (Title 16), Subdivision Code (Title 17), and Zoning Code (Title 18); or P. Other actions requested or remanded by the City Council. Q . The review criteria for certain of the actions are contained in Section 18.55.120 "Planning Commission review and recommendation." R. Primary and Secondary uses in the Ll/BP zone. 18.55.070 City Council. In addition to its legislative responsibility, the City Council shall review and act on the following subjects: A. Recommendations of the Planning Commission; B. Appeal of Planning Commission recommendations; C. Appeal of administrative interpretations; D. Appeal of administrative approvals as set forth in 18.55.190 "Administrative approvals without notice," and 18.55.200 "Administrative approval subject of notice." E. Appeal of a SEPA threshold determination under CMC Chapter 16.16.010 EXH 18 lT IfY\ PAGE ( a OF --=':~.....JLj_ 176 18 ,55 ARTICLE'" CONSOLIDATED APPLICATION PROCESS 18.55.080 Application. A. The City shall consolidate development application and review in order to integrate the development permit and environmental review process, while avoiding duplication of the review processes. B. All applications for development permits, design review approvals, variances and other City approvals under the Development Code shall be submitted on forms provided by the City. All applications shall be acknowledged by the property owner. 18.55.090 Pre-Application meetings. A. Informal. Applicants for development are encouraged to participate in an informal meeting prior to the formal pre-application meeting. The purpose of the meeting is to discuss in general terms, the proposed development, City design standards , design alternatives, and required permits and approval process. B. Formal. Every person proposing a development in the City with exception of building permits, shall attend a pre-application meeting. The purpose of the meeting is to discuss the nature of the proposed development, application and permit requirements, fees, review process and schedule, applicable plans, policies and regulations . In order to expedite development review, the City shall invite all affected jurisdictions, agencies and/or special districts to the pre-application meeting. 18.55.100 Content of Applications. A. All applications for approval under Titles 15 through 18 shall include the information specified in the applicable title. The Director may require such additional information as reasonably necessary to fully and properly evaluate the proposal. B. The applicant shall apply for all permits identified in the pre-application meeting. 1:''';;'. \('Y\ Li~iilDll . -_ .. PAGE 1 Of _ d. L\ 177 18.55 18.55.110 Letter of Completeness. A. Within 28 days of receiving a date stamped application, the City shall review the application and as set forth below, provide applicants with a written determination that the application is complete or incomplete. B. A project application shall be declared complete only when it contains all of the following materials: 1. A fully completed, signed, and acknowledged development application and all applicable review fees. 2. A fully completed, signed, and acknowledged environmental checklist for projects subject to review under the State Environmental Policy Act. 3. The information specified for the desired project in the appropriate chapters of the Camas Municipal Code and as identified in Section 18.55.100 "Content of application." C. Any supplemental information or special studies identified by the Director. D. For applications determined to be incomplete, the City shall identify, in writing, the specific requirements or information necessary to constitute a complete application. Upon submittal of the additional information, the City shall, within 14 days, issue a letter of completeness or identify what additional information is required. 18.55.120 Technical Review Committee. Immediately following the issuance of a letter of completeness, the City shall schedule a meeting of a Technical Review Committee (TRC). The TRC may be composed of representatives of all affected City departments, utility districts, the fire department, and any other entities or agencies with jurisdiction. The TRC shall review the development application for compliance with City plans and regulations, coordinate necessary permit reviews, and identify the development's environmental impacts. 18.55.130 Environmental review. A. Developments and planned actions subject to the provisions of the State Environmental Policy Act (SEPA) shall be reviewed in accordance with the policies and procedures contained in Title 16, CMC. B. SEPA review shall be conducted concurrently with development project review. The following are exempt from concurrent review: 1. Projects categorically exempt from SEPA. EXHIBIT '(Y\ -'-:;::~------:-~- PAGE 8 OF ~L\ 178 18 .5 5 2. Components of previously completed planned actions, to the extent permitted by law and consistent with the Environmental Impact Statement (EIS) for the planned action. ARTICLE IV PUBLIC NOTICE REQUIREMENTS 18.55.140 Notice of development Application. A. Within 14 days of issuing a letter of completeness (Section 18.55.110 "Letter of Completeness") the City shall issue a Notice of Development Application. The notice shall include but not be limited to the following: 1. Name of the applicant. 2. Date of application. 3. Date of the letter of completeness. 4. Location of the project. 5. Detailed project description. 6. Requested approvals, actions, and/or required studies. 7. Public comment period not less than 14 nor more than 30 days. 8. Identification of existing environmental documents. 9. City staff contact and phone number. 10. Date, time, and place of a public hearing if onehas been scheduled. 11.A statement that the decision on the application will be made within 120 days of the date of the letter of completeness. B. The Notice of Development Application shall be posted on the subject property and published once in a newspaper of general circulation. C. The Notice of Development Application shall be issued prior to and is not a substitute for required notice of a public hearing. D. A Notice of Application is not required for the following actions, when they are categorically exempt from SEPA or environmental review has been completed: 1. Building permits. 2. Lot line adjustments. 3. Administrative approvals. 18.55.150 Notice of administrative approvals. Notice of administrative approvals, subject to the notice requirements under Section 18.55.200 "Administrative approvals subject to notice," shall be made by the Director by notifying the adjacent property owners of his intent to grant approval. Notification shall be made by mail only. The notice shall include: EX HIB T _Y"Y\-=--___ _ PAGE q OF -",~,-,-4...!...-_ 179 18.55 A. A description of the preliminary approval granted, including any conditions of approval. B. A place where further information may be obtained. C. A statement that final approval will be granted unless an appeal requesting a public hearing is filed with the City Clerk within 14 days of the date of the notice. 18.55.160 Notice of public hearing. Notice of a public hearing for all development applications and all open record appeals shall be given as follows: A. Time of Notices. Except as otherwise required, public notification of meetings, hearings, and pending actions under Titles 15 through 18, CMC, shall be made by: 1. Publication at least 10 days before the date of a public meeting, hearing, or pending action in the official newspaper if one has been designated or a newspaper of general circulation in the City; and 2. Mailing at least 12 days before the date of a public meeting, hearing, or pending action to all property owners as shown on the records of the County Assessor within 400 feet of the boundaries of the property which is the subject of the meeting or pending action. Addressed, pre-stamped envelopes shall be provided by the applicant; and 3. Posting at least 12 days before the meeting, hearing, or pending action in three public places where ordinances are posted and at least one notice on the subject property. B. Content of Notice. The public notice shall include a general description of the proposed project, action to be taken, a non-legal description of the property or a vicinity map or sketch, the time, date and place of the public hearing and the place where further information may be obtained. C. Continuances. If for any reason, a meeting or hearing on a pending action cannot be completed on the date set in the public notice, the meeting or hearing may be continued to a date certain and no further notice under this section is required. EXH is \1 \(Y\ PAGE. \ Q 180 18.55 18.55.170 Notice of appeal hearings. In addition to the posting and publication requirements of Section 18 .55.160, notice of appeal hearings shall be as follows: A. For administrative approvals, notice shall be mailed to adjacent property owners. B. For Planning Commission recommendations, mailing to parties of record from the Commission hearing. 18.55.180 Notice of decision. A written notice for all final decisions shall be sent to the applicant and all parties of record. For development applications requiring Planning Commission review and City Council approval, the notice shall be the signed ordinance or resolution. ARTICLE V REVIEW AND APPROVAL PROCESS 18.55.190 Administrative approvals without notice. A. The authority may approve, approve with conditions, or deny the following without notice: 1. Lot line adjustments; 2. Extension of time for approval; 3. Minor amendments or modifications to approved developments or permits. Minor amendments are those which may affect the precise dimensions or location of buildings, accessory structures and driveways, but do not affect: a. overall project character; b. increase the number of lots, dwelling units, or density; c. decrease the quality or amount of open space; or d. vary from specified dimensional standards of this Title. 4 . Nonconforming Dwellings; 5. Certificate of occupancy; 6. Right-of-way use; 7. Temporary use permits; 8. Building permits. B. Decisions under this section shall be final on the date issued. EXHIB IT VV\ PAGE _~\ \~OF ~Lj 181 "'8.55 18.55.200 Administrative approvals subject to notice. A. The authority may grant preliminary approval or approval with conditions , or may deny the following actions subject to the notice and appeal requirements of this section: 1. Short Plats; 2. Clearing and grading permit; 3. Threshold and final environmental determinations; 4. Design Review 5. Type B -Home Occupations. B. Final Administrative Approvals: Preliminary approvals under this section shall become final subject to the following: 1. If no appeal is submitted, the preliminary approval becomes final at the expiration of the 14-day notice period. 2. If a written notice of appeal is received within the specified time the matter will be referred to the Planning Commission for a public hearing. 18.55.210 Planning Commission review and recommendation. A . Staff Report. The Planning Manager shall prepare a staff report on the proposed development or action summarizing the comments and recommendations of City departments, affected agencies and special districts, and evaluating the development's consistency with the Camas Municipal Code, adopted plans and regulations. The staff report shall include proposed findings, conclusions and recommendations for disposition of the development application. B. Hearing . The Planning Commission shall conduct a public hearing on development proposals for the purpose of taking testimony, hearing evidence, considering the facts germane to the proposal, and evaluating the proposal for consistency with the City's Development Code , adopted plans and regulations. Notice of the Planning Commission hearing shall be in accordance with Section 18.55.160 "Notice of public hearing." C. Required Findings. The Planning Commission shall not recommend approval of a proposed development unless it first makes the following findings and conclusions : 1. The development is consistent with the Comprehensive Plan and meets the requirements and intent of the Camas Municipal Code. 2. The development makes adequate provisions for open space , drainage ways, streets and other public ways, transit stops, water supply, sanitary wastes, parks and recreation facilities, playgrounds, sites fo r schools and school grounds. 182 18.55 3. The development adequately mitigates impacts identified under Titles 15 through 18 of the Camas Municipal Code. 4. The development is beneficial to the public health, safety and welfare and is in the public interest. 5. The development does not lower the level of service of transportation and/or neighborhood park facilities below the minimum standards established within the Comprehensive Plan. If the development results in a level of service lower than those set forth in the Comprehensive Plan, the development may be approved if improvements or strategies to raise the level of service above the minimum standard are made concurrent with the development. For the purpose of this section, "concurrent with the development" is defined as the required improvements or strategies in place at the time of occupancy, or a financial commitment is in place to complete the improvements or strategies within six (6) years of approval of the development. 6. The area, location and features of land proposed for dedication are a direct result of the development proposal, are reasonably needed to mitigate the effects of the development, and are proportional to the impacts created by the development. D. Recommendation. Upon approving or disapproving a development proposal or action , the Planning Commission shall make a motion setting forth its findings, conclusions and additional recommendations and promptly forvvard it to the City Council for consideration. 18.55.220 City Council action. A. B. Actions. Upon receiving a recommendation from the Planning Commission or notice of any other matter requiring the Council's attention, the Council shall perform the following actions as appropriate: 1. Make a decision on a Planning Commission recommendation. 2. At the Council's discretion, hold a public hearing and make a decision on the following matters: a . Appeal of administrative interpretations. b. Appeal of administrative approvals. c. Appeal of determinations of significance . d. Other matters not prohibited by law. Decisions. The City Council shall make its decision by motion, resolution, or ordinance as appropriate. 1. A Council decision on a Planning Commission recommendation or following a public hearing shall include one of the following actions: a. Approve as recommended. b. Approve with additional conditions. c. Modify, with or without the applicant's concurrence, provided that the modifications do not: m PAG E _\,,-,",3~OF @ ~ EXHIBIT 183 18 .55 Enlarge the area or scope of the project. ii Increase the density or proposed building size. iii Significantly increase adverse environmental impacts as determined by the responsible official. e. Deny (re-application or re-submittal is permitted). f. Deny with prejudice (re -application or re-submittal is not allowed for one year). g. Remand for further proceedings and/or evidentiary hearing in accordance with Section 18.55.260 "Remand." 2. Council decision following a closed record appeal hearing shall include one of the following actions: a. Grant the appeal in whole or in part. b. Deny the appeal in whole or in part. c. Remand for further proceedings and/or evidentiary hearing in accordance with Section 18.55.260 "Remand." 18.55.230 Procedures for public hearings. Public hearings shall be conducted in accordance with the hearing body's rules of procedure and shall serve to create or supplement an evidentiary record upon which the body will base its decision. The Chair shall open the public hearing and, in general, observe the following sequence of events: A. Staff presentation, including submittal of any administrative reports . Members of the hearing body may ask questions of the staff. B. Applicant presentation, including submittal of any materials. Members of the hearing body may ask questions of the applicant. C. Testimony or comments by the public germane to the matter. Questions directed to the staff, the applicant, or the public shall be posed by the Chair at his/her discretion. D. Rebuttal, response or clarifying statements by the staff and the applicant. No new evidence shall be introduced by the applicant in rebuttal. E. If at any time after the public has testified, the applicant modifies his proposal or introduces new evidence, then the public shall be provided an opportunity to respond to such modifications or new evidence. F. The evidentiary portion of the public hearing shall be closed and the hearing body shall deliberate on the matter before it. EXHiBIT --'-h\---:.. ____ _ PAGE ----'-\~~r___OF ~ L{ 184 18.55 18.55.240 Procedures for closed record appeals. Closed record appeals shall be conducted in accordance with the hearing body's rules of procedure and shall serve to provide argument and guidance for the body's decision. Closed record appeals shall be conducted generally as provided for public hearings. Except as provided in 18.55.260 "Remand," no new evidence or testimony shall be given or received. The parties to the appeal may submit timely written statements or arguments. 18.55.250 Reconsideration. A party to a public hearing or closed record appeal may seek reconsideration only of a final decision by filing a written request for reconsideration with the City Clerk within five (5) days of the oral announcement of the final decision. The request shall comply with CMC Section 18.55 .290 (8). The Council or hearing body shall consider the request at its next regularly scheduled meeting, without public comment or argument by the appellant except as requested by the City Council. If the request is denied, the previous action shall become final. If the request is granted, the Council or hearing body may immediately revise and reissue its decision or may call for argument in accordance with the procedures for closed record appeals. Reconsideration should be granted only when an obvious legal error has occurred or a material factual issue has been overlooked that would change the previous decision . 18.55.260 Remand. In the event the City Council determines that the public hearing record or record on appeal is insufficient or otherwise flawed, the Council may remand the matter back to the hearing body to correct the deficiencies. The Council shall specify the items or issues to be considered and the time frame for completing the additional work. The Council may hold a public hearing on a closed record appeal only for the limited purposes identified in RCW 34.05.562(1). 18.55.270 Final decision. A. Time. The final decision on a development proposal shall be made within 120 days from the date of the letter of completeness. Exceptions to this include: 1. Amendments to the Comprehensive Plan or Development Code. 2. Any time required to correct plans, perform studies or provide additional information, provided that within 14 days of receiving the requested additional information, the Director shall determine whether the information is adequate to resume the project review. 3. Substantial project revisions made or requested by an applicant, in which case the 120 days will be calculated from the time that the City determines the revised application to be complete . . \.I"\A. EXHiBIT _'-..: ' , __ _ \$ .. OF "-~zr-PAGE 185 18.55 4. All time required for the preparation and review of an Environmental . Impact Statement. 5. Projects involving the siting of an essential public facility. 6. An extension of time mutually agreed upon by the City and the applicant. 7. All time required to obtain a variance. 8. Any remand to the hearing body. 9. All time required for the administrative appeal of a Determination of Significance. B. Effective Date. The final decision of the Council or hearing body shall be effective on the date stated in the decision, motion, resolution, or ordinance, provided that the date from which appeal periods shall be calculated shall be the date the Council or hearing body takes action on the motion, resolution, or ordinance. ARTICLE VI APPEALS 18.55.280 Appeal of administrative interpretations and approvals. Administrative interpretations and administrative approvals may be appealed, by applicants or parties of record, to the City Council. 18.55.290 Appeal to the City Council. A. Filing. Every appeal to the City Council shall be filed with the City Clerk within 14 days after the date of the decision of the matter being appealed. B. Contents. The notice of appeal shall contain a concise statement identifying: 1. The decision being appealed. 2. The name and address of the appellant and his interest(s) in the matter. 3. The specific reasons why the appellant believes the decision to be wrong. The appellant shall bear the burden of proving the decision was wrong. 4. The desired outcome or changes to the decision. 5. The appeals fee. 18.55.300 Judicial appeal. A. Appeals from the final decision of the City Council, or Zoning Board of Adjustment, or other City board or body involving Titles 15 through 18, CMC, and for which all other appeals specifically authorized have been timely exhausted, shall be made to Clark County Superior Court within 21 days of the date the decision or action became final, unless another time period is established by state law or local ordinance. 186 18 .55 B. Notice of the appeal and any other pleadings required to be filed with the court shall be served on the City within the applicable time period. This requirement is jurisdictional. C. The cost of transcribing and preparing all records ordered certified by the court or desired by the appellant for such appeal shall be borne by the appellant. The appellant shall post with the City Clerk prior to the preparation of any records an advance fee deposit in the amount specified by the City Clerk. Any overage will be promptly returned to the appellant. ARTICLE VII ENFORCEMENT 18.55.310 Enforcing authority. The Public Works Director, Planning Manager, Engineering Manager, Fire Marshal, and Building Official shall be responsible for enforcing Titles 15 through 18, and may adopt administrative rules to meet that responsibility. The Directors may delegate enforcement responsibility to the an appropriate designee, e.g. code enforcement officer. 18.55.320 General penalty. Compliance with the requirements of Titles 15 through 18, Camas Municipal Code, shall be mandatory. The general penalties and remedies established in Chapter 1.24, CMC, for such violations shall apply to any violation of those titles. The enforcement actions authorized under this chapter shall be supplemental to those general penalties and remedies. 18.55.330 Application. A. Actions under this chapter may be taken in any order deemed necessary or ' desirable by the Director to achieve the purpose of Titles 15 through 18. B. Proof of a violation of a development permit or approval shall constitute prima facie evidence that the violation is that of the applicant and/or owner of the property upon which the violation exists . An enforcement action under this chapter shall not relieve or prevent enforcement against any other responsible person. 18.55.340 Civil regulatory order. A. Authority. A civil regulatory order may be issued and served upon a person if any activity by or at the direction of that person is, has been, or may be taken in violation of the Development Code. EXHIBIT --=-rY\-'-___ , PAGE \ J OF -""d~lj-,-_ 187 18.55 B. Notice. A civil regulatory order shall be deemed served and shall be effective when posted at the location of the violation and/or delivered to any suitable person at the location and/or delivered by mail or otherwise to the owner or other person having responsibility for the location. C. Content. A civil regulatory order shall set forth: 1. The name and address of the person to whom it is directed. 2. The location and specific description of the violation. 3. A notice that the order is effective immediately upon posting at the site and/or receipt by the person to whom it is directed. 4. An order that the violation immediately cease, or that the potential violation be avoided. 5. An order that the person stop work until the violation is corrected or remedied. 6. A specific description of the actions required to correct, remedy, or avoid the violation, including a time limit to complete such actions. 7. A notice that failure to comply with the regulatory order may result in further enforcement actions, including civil fines and criminal penalties. D. Remedial Action. The Director may require any action reasonably calculated to correct or avoid the violation, including but not limited to replacement, repair, supplementation, revegetation, or restoration. E. Appeal. A civil regulatory order may be appealed in accordance with the Camas Municipal Code. 18.55.350 Civil fines. A. B. C. D. Authority. A person who violates any provision of the Development Code, or who fails to obtain any necessary permit, or who fails to comply with a civil regulatory order shall be subject to a civil fine. Amount. The civil fine assessed shall not exceed $1,000.00 for each violation. Each separate day, event, action or occurrence shall constitute a separate violation. Notice. A civil fine shall be imposed by a written notice, and shall be effective when served or posted as set forth in Section 18.55.330(B) "Application." The notice shall describe the date, nature, location, and act(s) comprising the violation, the amount of the fine, and the authority under which the fine has been issued. Collection. Civil fines shall be immediately due and payable upon issuance and receipt of the notice. The Director may issue a regulatory order stopping work until such fine is paid. If remission or appeal of the fine is sought, the fine shall be due and payable upon issuance of a final decision. If a fine remains unpaid 30 days after it becomes due and payable, the Director may EXHIBIT VY\ 188 PAGE \g OF 0,1.( 18.55 take actions necessary to recover the fine. Civil fines shall be paid into the City's general fund. E. Application for Remission. Any person incurring a civil fine may, within ten days of receipt of the notice, apply in writing to the Director for remission of the fine. The Director shall issue a decision on the application wjthin 10 days. A fine may be remitted only upon a demonstration of extraordinary circumstances. F. Appeal. A civil fine may be appealed to the City Council as set forth in the applicable enforcement provisions. 18.55.360 Review of approved permits. A. Review: Any approval or permit issued under the authority of the Development Code may be reviewed for compliance with the requirements of the Development Code, or to determine if the action is creating a nuisance or hazard, has been abandoned, or the approval or permit was obtained by fraud or deception. B. Initiation of Review: The review of an approval or permit may be initiated by the Director, City Administrator, City Council or by petition to the Director by three property owners or three residents of separate dwelling units in the City, stating their belief as to the noncompliance, nuisance or hazard of the permitted activity. C. Director's Investigation: Upon receipt of information indicating the need for, or upon receiving a request for review of permit or approval, the Director shall investigate the matter and take one or more of the following actions: 1. Notify the property owner or permit holder of the investigation; and/or 2. Issue a civil regulatory order and/or civil fine and/or recommend revocation or modification of the permit or approval; and/or 3. Refer the matter to the City Attorney; and/or 4. Refer the matter to the City Council with a recommendation for action. 18.55.370 Revocation or modifications of permits or approvals. A. City Council Review. Upon receiving a Director's recommendation for revocation or modification of a permit or approval, the City Council shall review the matter at a public hearing. Upon a finding that the activity does not comply with the conditions of approval or the provisions of the Development Code, or creates a nuisance or hazard, the City Council may delete, modify or impose such conditions on the permit or approval it deems sufficient to remedy the deficiencies. If the Council finds no reasonable conditions which EXHIBIT ----!YV\.-:....l. ____ _ PAGE \9 OF ~~~y -189 18 .55 would remedy the deficiencies, the permit or approval shall be revoked and the activity allowed by the permit or approval shall cease. B. Re-application. If a permit or approval is revoked forfraud or deception, no similar application shall be accepted for a period of one year from the date of final action and appeal, if any. If a permit or approval is revoked for any other reason, another application may be submitted subject to all of the requirements of the Development Code. Article VIII TABLES 18.55.380 Development Review Tables. The City of Camas has four types of review processes: A. Type 1 review is an administrative review by the City staff resulting in a decision by the Director of Public Works, City Planner, City Engineer, Building Official or their designee. B. Type 2 review is a review resulting in a decision by the Zoning Board of Adjustment. C. Type 3 review is a review quasi-judicial proceeding which includes a hearing and recommendation by the Planning Commission and decision by the City Council. D. Type 4 review is a legislative action that includes a hearing and recommendation by the Planning Commission and decision by the City Council. Table 18.55 -2 "Development Review and Approval Authorities" and Table 18.55-3 "Development Review Process," on the following pages list the levels of review and process elements required for each type of review. Table 18.55 -2 -l, Permits! Decision Authority ~ Development Review and Approval Authorities Direct Zoning Planning City or! Board of Commission Council Staff Adjustment Certificate of Occupancy X Design Review x Home Occupation X EXHIBIT ~Y'<\~,----___ _ PAGE a 0 OF ~@~4.,--- Appealable to: Zoning Board of Adjustment Council Zoning 190 18 .55 Permit Board of Adjustment Minor X Zoning Mod ifications/Bldg. Board of Adjustment Clearing/Grading X Zoning Permits Board of Adjustment Building Permits Zoning Residential/Commercial X Board of Adjustment Minor X Council Modifications/Planning Right-of-way Use X Council Lot Line Adjustment X Council Temporary use permit X Council Short Plat X Council Determinations of X Council Significance (SEPA) Code Interpretations X Council . Type 2 ;~~,,,,!~~r:':t.6nin 9 ;.B.Rg;t,~~i;'9f;Adju~tQ1~"'i!:c a.9tiOb .·i),i",',":';'.,,'::;i,i'r',i,.,I.:[;",,:8'i',;::,"1:~;W."'i,':;\!;,:',!i,,:\'i,fc!::;;..:,;i:,:,,(),'';'~ Variances (X)* X Superior ct. Administrative Decision (X)* X Superior Ct. Appeal Conditional Use Permit LI/BP Development (X)* (X)*** X Superior Court Unclassified Use Permit (X)* (X)*** X Superior Court Preliminary Plat (X)* (X)*** X Superior Court EXHIBIT V'Y\ ~~ ~:i 191 PAGE OF Planned Developments (X)* (X)*** Binding Site Plan (X)* (X)*** Street Vacation (X)* (X)*** Special Planning (X)* (X)*** Studies Planning Policies & (X)* (X)*** Procedures Final Plat (X)* Shoreline Permits (X)* Appeal of Zoning Board (X)* of Adjustment Decision typ~j ~r Revi'ew:';tegislative ·itcti()lls : ... .. .. , '-,. :''=', ...... . . ",.,' '.' •• " '",''' ,',: .;,.':.' ..' '; . . i' '. . , : ....: , : ~. . . 'c, '.":': . """,.".;'!;!: .• ,',,);'.,;!"'" ,······"i". '·.··.··./',I' .•• '·, •. ·· .. ';···{;;:···,/.;, '. ;,/ '",', .. , ,.' "··i Area-Wide Zoning (X)* (X)*** Annexation (X)* (X)*** Comprehensive Plan (X)* (X)*** Amendments Zoning Code (X)* (X)*** Amendments X Final decision authority (X)* Department Reviews and recommends to hearing body (X)*** Planning Commission recommends to Council for final determination (1) Growth Management Hearings Board/ Boundary Review Board 18.55 X Superior Court X Superior Court X Superior Court X Superior Court X Superior Court X Superior Court X Superior Court X Superior Court ····,·.·~,;j .. M'·\ "j;\"J.i ... , ...• , •. ,, ... ,,, . ..:: ....... ,, ... X Superior Court X GMHB/BRB (1 ) X Superior Court X Superior Court EXHIBIT --:-tv\~ ___ _ PAGE a,;>..... OF ~ Y 192 Table 18.55 -3 Pre-Application meeting Complete X Application/ Sufficiency Review Notice of (1 ) Application Public Notice (2) • to adjacent property owners • posting the site • publication of public hearing SEPA Threshold Determination Staff Report (3) Prepared Director's X Decision Development Review Process X X X X X X X X X X X X X X X X X X X X EXHIBIT PAGE 18 .55 Applicable Department Staff Planning Department documents sufficiency / Starts 120 day timeline. Legislative action is exempt from the 120-day timeline. Circulate -to applicable public, agencies, and jurisdictions. Early Notice for SEPA issued, if applicable . Applicant provides City with set of addressed envelopes for adjacent property owners, where appropriate. Staff prepares and posts the site. Staff prepares publication notice. SEPA Threshold Determination issued and circulated, except for Exempt projects. Document the application's compliance with applicable codes, identify conditions of approval. Draft findings and conclusions prepared. The applicable Director. Director also has the option of processing as a Type 3 review for the decision. 193 Zoning Board of Adjustment Hearing & Decision Planning Commission Public Hearing Planning Commission Recommendation City Council Hearing & Decision x x x x x x x 18.5 5 Zoning Board of Adjustment and holds a hearing and makes a decision. Planning Commission holds a public hearing Planning Commission makes a recommendation based on public hearing, staff report and record within 15 working days to City Council. City Council may hold public meeting or closed record hearing -Type 4 review. City Council makes decision on the application. (1) Notice of Application sent for Home Occupation and SEPA Threshold Determinations. (2) Short Plats require posting of the site. (3) Staff Report prepared if appropriate. (4) The City of Camas has four types of review processes: 1. Type 1 review is an administrative review by the City staff resulting in a decision by the Director of Public Works, City Planner, City Engineer , Building Official or their designee; 2. Type 2 review is a review resulting in a decision by the Zoning Board of Adjustment; 3. Type 3 review is a quasi-judicial action which includes a hearing and recommendation by the Planning Commission and decision by the City Council; 4. Type 4 review is a legislative action which includes a hearing and recommendation by the Planning Commission and decision by the City Council; EX Hlbl1 ~ ------------~---PAG E d.-lj OF ~~ --.-194