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ORD 19-012ORDINANCE NO. 19-012 AN ORDINANCE amending certain provisions of Titles 9, 12 , 17 and 18 ofthe Camas Municipal Code. THE COUNCIL OF THE CITY OF CAMAS DO ORDAIN AS FOLLOWS : Section I The following subsections of the Camas Municipal Code are hereby repealed : 12.12.010; 18.18.040J; and 18.27 .050 B ,E ,G. Section II Designated subsections of Titles 9 , 12 , 17 and 18 of the Camas Municipal Code are hereby amended pursuant to Exhibit A attached hereto. Section III This ordinance shall take force and be in effect five (5) days from and after its passage and publication as provided by law. PASSED BY the Council and APPROVED by the Mayor this 4th day of November, 2019. SIGNED: ro.._"--~UY'L ~{_ _,? Mayor SIG~~ Clerk City Attorney EXHIBIT A CMC Chapter 9.32-MISCELLANEOUS OFFENSES Section 9.32.050(A)(5)-Public disturbance noises. 5. The use of equipment and activities producing intermittent or repetitive noise commonly associated with site improvements, or new home construction CMC Chapter 12.12-EXCAVATIONS Section 12.12.020-Permit-Fee-Terms. The permit fee as per the fee schedule established by the city council per resolution, has been paid to the city treasurer except where the permittee has been exempted by statute, City code, or prior agreement. The party requesting such permit shall make application therefor in writing on forms furnished by the city. The permits required by this chapter shall be secured at least forty-eight hours prior to the time the work under such permit is proposed to commence except in emergency cases as approved by the director of public works. The applicant if requested to do so by the director of public works, shall file with the director a plan and profile, and other plans and details as may be required which has been prepared by a professional civil engineer licensed to practice in the state of Washington or other qualified professional as may be required showing the location and plan of the work, obstruction or other thing desired to be done or constructed, and the street, alley, sidewalk or public place to be obstructed, together with a full description of the nature of such work. CMC Chapter 17.09-SHORT SUBDIVISIONS Section 17.09.030(C)(3)-Preliminary short plat approval. 3. Proposed short subdivisions located adjacent to the right-of-way of state highways shall be submitted to the Washington Department of Transportation (WSDOT) for review, consideration and recommendation. This condition may be satisfied as part of the SEPA process. However, if a SEPA checklist is not required, it is the applicant's responsibility to notify WSDOT of the proposal. Recommendations from Washington Department of Transportation shall be considered by the City in the conditions of approval for the short subdivision. Section 17.09.040-Expiration. If the short plat is not recorded within five years of the date of preliminary short plat approval, the short plat shall become null and void. Upon written request by the developer prior to the expiration date, the community development director may grant an extension of not more than two years. The director shall consider economic conditions and such other circumstances as may warrant the extension. If the director denies a request for an extension, the developer may appeal that decision to the city council by filing a written notice of appeal with the director not later than thirty days after the date of the decision. Page 1 of 6 CMC Chapter 17.19-DESIGN AND IMPROVEMENT STANDARDS Section 17 .19.030{D)(2) -Tracts, blocks and lot standards. 2. Side Lot Lines. The side lines of lots should generally run at right angles to the street upon which the lots face as far as practical, or on curved streets they shall be radial to the curve; Section 17.19.030{F)(6)-Landscaping. 6. Storm drainage facilities, pump stations and other visible facilities shall be required to include a ten foot L2 landscaped buffering in accordance with criteria in the Camas Design Standards Manual if within thirty feet of any street or accessory structure. CMC Chapter 17.21-PROCEDURES FOR PUBLIC IMRPROVEMENTS Section 17.21.010{C)-Plans and permits required for public improvements C. A separate encroachment permit will not be required for development projects subject to Title 17. All work within the right-of-way will be subject to Chapter 12.12. Section 17.21.050{D)-Financial security agreements D. A performance bond, in an amount equal to the cost of the proposed work within the right-of-way shall be provided per Chapter 12.12.040. Section 17 .21.060{B)(2)(a) -Contents of Final Plat or Short Plat a. A certificate with the seal of and signature of the surveyor responsible for the survey and preliminary plat in accordance with RCW 58.09.080 and RCW 64.90.245. Section 17.21.060{B)(2)(e)-Contents of Final Plat or Short Plat e. Certification by the city engineer or designee that the developer has complied with the following: i. All improvements have been installed or financially secured in accordance with the requirements of CMC Title 17 and the preliminary plat approval; ii. All improvements can or will meet current public works drawing standards for road, utility and drainage construction plans; iii. Original and reproducible mylar or electronic records of installed improvements in a format approved by the public works director or designee and certified by the designing engineer as being "as constructed" have been submitted or financially secured for city records. CMC Chapter 18.03-DEFINITIONS & CMC Chapter 18.09-DENSITY AND DEMENSIONS Section 18.03.040-Definitions for development terms. and Section 18.09.040 Table 2-Building setbacks for Single-Family Residential Zones. "Lot width" means the horizontal distance between the side lot lines at a point midway between the front and rear property lines. Page 2 of 6 lot Area Minimum front yard (feet) 2 Note: Up to 4,999 sq. 5,000 to 11,999 sq. ft. ft. 20 2. Garage setback is five feet behind the front of the dwelling. CMC Chapter 18.07 -USE AUTHORIZATION 12,000 to 14,999 sq. ft. Section 18.07.030-Table 1-Commercial and industrial land uses. Zoning Districts j NC I DC CC RC I MX I BP / LI/BP Mini-storage/vehicular storage 6 /x j X :--X-1--X TXJ X I X I r-· i CMC Chapter 18.09-DENSITY AND DEMENSIONS Section 18.09.040 Table 2-Building setbacks for Single-Family Residential Zones. lot Area 15,000 or sq. ft. 11,999 sq. ft. 14,999 sq. ft. more sq. ft. Minimum side yard (feet) 5 10 15 Minimum side yard flanking a street 10 corner lot rear yard (feet) 10 15 Section 18.13.060-Parking areas. C. Parking lots shall include a minimum ratio of one tree per six parking spaces. CMC Chapter 18.18-SITE PLAN REVIEW Section 18.18.040-Submittal and contents of a complete application. Page 3 of 6 Chapter 18.15 -SIGNS Section 18.15.040-General definitions and regulations. A. Regulated. In the event that a definition is not listed in this section and is necessary in the interpretation of this chapter, the director shall primarily rely upon the general definitions established for this title, and secondarily on the definition found in a standard English dictionary. For the purpose of this chapter the following definitions and regulations shall apply: 8. "Nit" means a luminance unit equal to one candela per square meter measured perpendicular to the rays from the source. 9. "Off-premises sign" means a sign that advertises products, services, or facilities, or directs person to premises different than where the sign is placed. 10. "On-premises sign" means a sign that advertises products or services related to the building or structure where it is located. 11. "Permanent sign" means a sign that is intended to remain for the life of the project or business without fundamental or marked changes and is attached to a building or structure by means of a rigid wall, frame, or structure. 12. "Public right-of-way." There are two distinctions of right-of-way. "Privately maintained right-of- way" means that portion of the public right-of-way maintained by the abutting property owner. "Publicly maintained right-of-way" means that portion of the public right-of-way maintained by the City of Camas or other public agency. Signs placed in the public right-of-way must be located outside vision clearance areas and may not pose a traffic hazard or other threat to human safety. 13. "Sign" means 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. 14. "Sign area" is defined at "Dimensions of Signs" within this chapter. 15. "Sign schedule" means a listing of multiple signs proposed within an application or development project, which consists of dimensions and descriptions; normally this is in a tabular format (e.g., spreadsheet). 16. "Site plan" means a drawing of the location of a sign or multiple signs within the city limits. B. Sign Types-Regulations and Limitations. 8. "Electronic message board sign," "animated sign," and "LED sign" are considered to be similar sign types for purposes of this chapter. These signs use changing lights to form a message, or messages in sequence, uses movement or change of lighting to depict action or create a special effect or scene. This element of a sign may not exceed thirty percent of total sign area or thirty-six square feet, whichever is less. This calculation does not include post or mounting framework. The electronic board must avoid using flashing, rotating or blinking lights or videos. Section 18.15.110 -Sign illumination and electronic message board signs. A. All electronic message board signs shall be constructed as an integral part of a permanent sign constructed on-site. Integral shall be considered to be incorporated into the framework and architectural design of the permanent sign. B. Maximum Luminance: a. Daytime: five thousand nits. Page4of6 b. Nighttime (one-half hour before sunset and one-half hour after sunrise): five hundred nits. c. Signs shall include ability to adjust brightness and auto-dimming features with light- sensory capabilities to dim the sign to allowable luminance levels. Chapter 18.27 -ACCESSORY DWELLING UNITS Section 18.27.010-Purpose. Accessory dwelling units are intended to: E. Ensure that the development of an ADU does not cause unanticipated impact on the character or stability of single-family neighborhoods Section 18.27.020-Scope. Accessory dwelling units shall meet the requirement of this chapter, and may be allowed in all zones where residential uses are permitted. Section 18.27.030-Definition. An "accessory dwelling unit (ADU)" means an additional smaller, subordinate dwelling unit on a lot with or in an existing or new house. These secondary units contain a private bath and kitchen facilities comprising an independent, self-contained dwelling unit. An ADU is not a duplex because the intensity of use is less due to the limitations of size. Section 18.27.040-Establishing an accessory dwelling unit. An accessory dwelling unit may be created through: A. Internal conversion within an existing dwelling; B. The addition of new square footage to the existing house, or to a garage; C. Conversion of an existing garage provided it is not larger than the primary residence. D. Inclusion in the development plans for, or as part of, the construction of a new single-family detached dwelling unit; or E. A separate detached dwelling unit on the same lot as the primary dwelling unit. Section 18.27.050-Development standards. A. Number. No more than one accessory dwelling unit per legal lot is permitted, and it must be accessory to a single-family residence. A lot of record lawfully occupied by two or more single-family residences shall not be permitted to have an accessory dwelling unit, unless the lot is short platted under Title 17 of this code. If a short plat is approved, an accessory dwelling unit for each dwelling unit is permitted only if all dimensional standards of the underlying zone, and all other provisions of this chapter are met. B. Building Permit. The applicant must apply for a building permit for an accessory dwelling unit. An ADU shall comply with applicable building, fire, health, and safety codes. Addressing of the ADU shall be assigned by the building department, with approval by the fire department. An ADU cannot be occupied until a certificate of occupancy is issued by the building department. Page5of6 C. Conformance to Zoning. The addition of an accessory dwelling unit shall not make any lot, structure or use nonconforming within the development site. An accessory dwelling unit shall conform to existing requirements for the primary residence, unless stated otherwise in this chapter. Building height is limited to twenty-five feet for a detached ADU. Building height requirements of the underlying zone apply to the ADU for internal conversion, or structural addition to the existing primary dwelling. D. Placement. An accessory dwelling unit shall not project beyond the front building line. A detached ADU shall not be located closer than five feet to a side or rear lot line, or not closer than twenty feet to a side lot line along a flanking street of a corner lot. E. Total Floor Area. The total gross floor area of an accessory dwelling unit shall not exceed forty percent of the area of the primary dwelling's living area. The living area of the primary unit excludes uninhabitable floor area and garage or other outbuilding square footage whether attached or detached. F. Parking. An accessory dwelling unit shall have a minimum of one on-site parking space, in addition to the primary dwelling unit's designated parking spaces if there is not on street parking allowed. G. Architectural Design. The exterior appearance of an addition or detached accessory dwelling unit shall be architecturally compatible with the primary residence. Compatibility includes coordination of architectural style, exterior building materials and color, roof material, form and pitch, window style and placement, other architectural features, and landscaping. H. Entrances. For an accessory dwelling unit created by internal conversion or by an addition to an existing primary dwelling, only one entrance may be located on the front of the house, unless the house contained additional front doors before the conversion. Secondary entrances should be located on the side or rear of the primary residence to the extent possible. I. Utilities. An accessory dwelling unit shall connect to public sewer and water. A home or lot not connected to public sewer and water, which adds an accessory dwelling unit, shall connect to public sewer and water. An ADU may have shared or separate public sewer and water seNices. J. Nonconformity. A home or lot which has an accessory dwelling unit which was established prior to adoption of this chapter may be approved for a building permit, subject to the provisions of Chapter 18.41 "Nonconforming Lots, Structures and Uses." K. ReseNed. L. Owner Occupancy. Prior to the issuance of a building permit establishing an accessory dwelling unit, the applicant shall record the ADU as a deed restriction with the Clark County auditor's office. Forms shall be provided by the city stating that one of the dwelling units is and will continue to be occupied by the owner of the property as the owner's principal and permanent residence for as long as the other unit is being rented or otherwise occupied. The owner shall show proof of ownership, and shall maintain residency for at least six months out of the year, and at no time receive rent for the owner occupied unit. Falsely certifying owner occupancy shall be considered a violation of the zoning ordinance, and is subject to the enforcement actions. Page 6 of 6