Chapter 17.48
SUPPLEMENTARY USE PROVISIONS
Sections:
17.48.010Accessory uses and structures.
17.48.020Fences and foliage–compliance required.
17.48.030Corner and mid-lot sight line setbacks.
17.48.035Front yard visibility.
17.48.040Fences and foliage–height measurement variance.
17.48.050Accessory building yard requirements.
17.48.060Height limit exceptions.
17.48.070Projections from buildings.
17.48.080Similar use authorizations.
17.48.090Artificial lighting.
17.48.100Utility structures.
17.48.110Quasi-public building yard and parking requirements.
17.48.120Home occupations–permitted uses.
17.48.130Home occupations–required criteria.
17.48.140Home occupations in accessory buildings–permit required.
17.48.150Home occupations–fronting residential arterial streets.
17.48.160Bed and breakfasts.
17.48.010 Accessory uses and structures. The following accessory uses and structures are permitted as per 17.48.050:
·Dwellings may be located as accessory uses on upper floors of commercial structures in all commercial districts.
17.48.020 Fences and foliage–compliance required. It is unlawful to erect or maintain any fence or plant or maintain any foliage in any residential zone contrary to the terms of this chapter.
17.48.030 Corner and mid-lot sight line setbacks. A. Visibility at corner building sites.
All corner building sites located in all use districts that require a front and side yard shall maintain a clear triangle at the intersection of the street rights-of-way to assure traffic safety. No building, structure, object or growth over thirty-six (36) inches in height, measured from the mean grade of the intersecting streets, shall be allowed within this triangleexcept that a chain link fence no greater than forty-eight (48) inches in height may be approved by the City Engineer upon finding that safe visibility will not be compromised. The triangle shall be computed as follows: Starting at the apex of the intersecting street rights-of-way, measuring down the triangle legs twenty (25) feet; the base of the triangle shall be found by drawing a straight line connecting the triangle legs. The land inside the triangle shall be regulated for visibility (see illustration attached).
B. Visibility at mid-lot sites. All other lots not identified as corner lots shall be considered as mid-lots for the purpose of sight line development and regulation. The mid-lot sight line setback area shall be computed as follows: starting at the intersection of the driveway centerline and the fronting street lot line, measure fifteen (15) feet in opposite directions. From these points draw a straight forty-five (45) degree line back to the driveway centerline. The land inside the triangle shall be regulated for visibility. No building, structure, object or growth over thirty-six (36) inches in height, as measured from the mean grade off the fronting street, shall be allowed in this triangle.
17.48.035 Front yard visibility. A. Front Yards. Subject to subsection A of this section, the height of fences and foliage shall be limited to forty-eight (48) inches within the minimum front yard area and within that portion of the minimum side yard area lying forward of the rearmost portion of the house upon the lot; provided, however, that the hearings examiner may allow a fence or foliage not to exceed seventy-two (72) inches in height within that portion of the minimum side yard area lying forward of the rearmost portion of the house upon the lot and to the rear of the frontmost portion of the house upon the lot immediately adjoining the fence or foliage, upon completion of the following steps:
1. Upon written application of the record or contract purchaser in possession, with the written concurrence of the record owner or contract purchaser in possession of the property immediately adjacent to the fence or foliage; and
2. After a finding by the hearings examiner that such fence or foliage would not be detrimental to health, safety, or the general welfare.
3. A suitable gate shall be provided with a minimum width of three (3) feet leading into the side yard on each side of the house.
B. Rear Yards. The height of fences and foliage within that portion of the minimum side yard area lying forward of the rearmost portion of the house upon the lot or within the minimum rear yard area shall not exceed seventy-two (72) inches; provided, however, that where any area shall immediately adjoin a portion of a neighboring lot within the height of fences and foliage shall be limited to less than seventy-two (72) inches, the height of fences and foliage allowable in the areas shall not exceed the maximum height of fences and foliage allowable in the adjoining portions of the adjoining lot.
C. Security fencing. Fence height of more than forty-eight (48) inches may be used for security purposes around any commercial, industrial and public facility building on grounds necessary for public security and protection.
17.48.040 Fences and foliage–height measurement variance. All heights of fences and foliage shall be measured from curb, alley grade or from the average grade of lowest area of subject property. Provided, however, that in the case of common lot lines when such measurements shall be determined to be unreasonably restrictive, the hearings examiner may allow such variances as to the height of fences or foliage as he/she shall determine to be within the intent of this requirement.
17.48.050 Accessory building yard requirements. Accessory buildings not over eighteen (18) feet in height, may be erected in a rear yard; provided, however, that together with the principal building, the accessory buildings do not cover more than 70 percent of the lot site. Accessory buildings shall be five (5) or more feet from the main building and five (5) feet from the rear property line and shall be set back twelve (12) feet from the centerline of an alley where the entrance to said garage or carport, or other accessory building is facing the alley. In the case of double frontage lots, buildings shall be located no closer to either street lot line than the depth of the required front yard. Accessory buildings shall provide the same side yard setbacks required of the principal building within the district in which they are located and no accessory buildings shall be erected in a required front yard.
17.48.060 Height limit exceptions. The following types of structures or structural parts are not subject to the building height limitations of this title: aerials, belfries, chimneys, church spires, cupolas, domes, elevator shafts, , fire and hose towers, flag poles, monuments, observation towers, radio and television towers, smokestacks, transmission towers, water towers, windmills, and other similar projections.
17.48.070 Projections from buildings. Cornices, eaves, gutters, sun shades, and other similar architectural features may not project more than two (2) feet into a required yard.
17.48.080 Similar use authorizations. The hearings examiner may rule that a use not specifically named in the allowed uses of a district shall be included among the allowed uses, if the use is of the same general type and is similar to the allowed uses; however, this section does not authorize the inclusion of a use in a district where it is not listed, when the use is specifically listed in another district. Consideration of a similar use requires a Type IX development review process, the application materials and procedures for which are provided in CRMC 17.77.040.
17.48.090 Artificial lighting. Artificial lighting on any lot, building, structure, or parking area shall be oriented away from adjacent residential properties.
17.48.100 Utility structures. Public utility buildings, telephone exchanges, sewage pumping stations, electrical distribution substations, and similar development necessary for the operation of utilities shall comply with the following requirements:
·If the installation is housed in a building, the building shall conform architecturally with surrounding buildings or the type of building that is likely to develop in the use district.
B. Any unhoused installation on the ground, or housed installation that does not conform to the architectural requirements of subsection A of this section shall be surrounded by a sight-obscuring planting.
C.An unhoused installation of a dangerous nature, such as an electrical distribution substation, shall be enclosed by a wire fence at least eight (8) feet in height.
D.All buildings, installations, and fences shall observe the yard requirements for building within the district in which they are located, except that in residential use districts, the side yards shall not be less than fifteen (15) feet.
17.48.110 Quasi-public building yard and parking requirements. Churches, institutions, clubs, and similar quasi-public buildings in the residential use district shall cover not more than fifty (50) percent of their lot. Side yards shall each be a minimum of ten (10) feet. Off-street parking shall be required and meet the requirements of Chapter 17.52.
17.48.120 Home occupations–permitted uses. The following home occupations and other operations similar in nature may be operated as an accessory use to a dwelling unit:
A.Custom dressmaking, millinery, tailoring, sewing of fabric for custom apparel and home furnishing;
B.Teaching of piano, voice or dancing, limited to a total of six pupils simultaneously;
C.Fine art studio in which are created only individual works of art;
D.Rooming and boarding of not more than four persons, exclusive of the resident family;
E.Beauty salon, provided the business is limited to the operations of two dryers;
F.Offices staffed only by resident of dwelling unit;
G.All types of services and commercial businesses, providing they meet all of the requirements of this section after having the compatibility of the enterprises ascertained by the hearings examiner.
17.48.130 Home occupations–required criteria. All permitted home occupations shall comply with the following criteria:
A.All home occupations shall be required to obtain a business licensefrom the city clerk’s office. Consideration of a home occupation business license requires a Type I development review process, the application materials and procedures for which are provided in CRMC 17.77.040. Thereafter all home occupations shall be required to renew the business license each year from the city clerk's office and, upon review by an authorized representative of the city and/or fire department shall:
1.Either be allowed to continue if found to be conforming to this title or any conditional use requirements;
2.Be allowed to continue with corrective modifications made by the applicant if found to be nonconforming to any requirements of this title or any conditional userequirements, or
3.Be discontinued for cause if found to be nonconforming to this title or any conditional use requirements and despite modifications, the use is not capable of conformance.
B.During the required annual inspection it shall be determined if the current conditions of the home occupation comply with those that existed at the time of original approval and the other criteria of this section. Additionally, the city clerk or designated representative may inspect the location of the home occupation at any time during the year if there is reason to believe that the provisions of this title are not being obeyed. For example, a complaint is made against the home occupation or possible inappropriate activities are observed by city staff. If the home occupation is not in compliance with this section then the alternatives listed in subsection A of this section shall apply.
C.Not over thirty (30) percent of the total floor area of one (1) floor or four hundred (400) square feet, whichever is less, of the residential building is to be used for the home occupation. Home occupations permitted as a conditional use in an accessory building may occupy not over thirty (30) percent of the total floor area or four hundred (400) square feet, whichever is less, of one floor of the accessory building. These floor area requirements also apply to storage associated with or necessary for the home occupation.
D.The home occupation is to be secondary to the main use of the dwelling as a residence or a single residential accessory building.
E.No structural alterations, as defined in Section 17.16.700, shall be allowed to accommodate the home occupation except when otherwise required by law; e.g., construction of a fire wall required by the UniformBuilding or Fire Code.
F.No entrance to the space devoted to the home occupation other than from within the dwelling or accessory building shall be allowed except when otherwise required by law.
G.A maximum of two (2) persons may be engaged in said home occupation provided the business owner resides in the dwelling unit associated with the home occupation.
H.Window displays or sample commodities displayed outside the building may be permitted as a Conditional Use.
I. Home occupation may have one sign, non-illuminated and attached to the principal building on shingle attached to the principal building, no larger than eight square feet.
J.No materials or mechanical equipment shall be used which will be detrimental to or cause adverse effects to the residential use of the dwelling, accessory building, adjoining dwellings, or neighbors because of vibrations, noise, dust, smoke, odor, interference with radio or television reception, or other factors.
K.No materials or commodities shall be delivered to or from the resident which are of such bulk or quantity as to require delivery by a commercial vehicle or trailer, excluding such small delivery vehicles as UPS, American Express, Pony Express and other similar services.
L.The type of use, as determined by the city director of public works, shall not be one which generates frequent customer visits, creates street-side parking problems or inconveniences to adjacent and nearby residents, or creates potential or real traffic hazards to neighborhood residents.
M.Materials, products or commodities related to the home occupation may be stored and/or operated upon any yard area of the property as a Conditional Use.
N.Fees for home occupation business licenses, conditional use permits and required inspections shall be set forth in a fee schedule as determined by the city council and/or fire department.
O.Procedures for the administration of the provisions of this section that apply to home occupations shall be developed by the city clerk and/or fire chief for the approval by the city council.
17.48.140 Home occupations in accessory buildings-permit required. A. Home
occupations may be permitted in an accessory building upon approval of the board of adjustmentHearing Examiner and issuance of a conditional use permit after due public notice and public hearing, and determination that such conditional use will not be detrimental to the general comprehensive plan or surrounding property. Consideration of a home occupation in an accessory building requires a Type V development review process, the application materials and procedures for which are provided in CRMC 17.77.040.
B.Conditional use permits to allow home occupations in an accessory building to the primary residential structure may stipulate restrictions or conditions such as limiting hours of operation, provisions for front, side or rear yards greater than the minimum standards permitted of this title or on-site parking requirements. A home occupation located in an accessory building, shall be limited to one (1) structure and shall not occupy over thirty (30) percent of the total floor area or four hundred (400) square feet, whichever is less, of the ground floor of the accessory building, including storage associated with or necessary for the home occupation. Violation of this restriction, the criteria contained in Section 17.48.140, or any other condition determined necessary by the board of adjustmentHearing Examiner shall, unless corrected within thirty (30) days, result in the termination of the home occupation's business license.
17.48.150 Home occupations–fronting residential arterial streets. A. Because of theirconvenience and necessity, and their effect upon the neighborhood and the comprehensive plan, home occupations fronting arterial streets in a residential district may be permitted upon approval of the board of adjustmentHearing Examiner and issuance of a special permit after due public notice and public hearing, and the determination that such conditional use will not be detrimental to the general comprehensive plan, surrounding property and neighbors. Consideration of a home occupation fronting an arterial street requires a Type V development review process, the application materials and procedures for which are provided in CRMC 17.77.040.
B.Special permits to allow home occupations fronting arterial streets in a residential district shall stipulate restrictions or conditions which may include a definite time limit, hours of operation and provisions for front, side or rear yard greater than the minimum standards of this title. Conditional special permits may also stipulate landscaping, off-street parking and other reasonable restrictions, conditions or safeguards that would uphold the spirit and intent of the comprehensive plan and this title and prevent any adverse effect upon adjacent and neighboring properties by reason of the use, extension, construction or alteration permitted.
C.A plan for the proposed development of a site for conditional use shall be submitted with an application to the city clerk-treasurer for a special permit to be referred to the board of adjustmentHearing Examiner. Such plan shall show specifications and the location of parking areas, traffic access and circulation, drives, open space, landscaping and other pertinent information that may be necessary to determine if the conditional use meets the requirements of this title.
D.A surety bond or deposit with the city representing five (5) percent of the value of improvements or a maximum of five hundred (500) dollars shall be posted prior to the issuance of the special permit. Said deposit will be refunded upon fulfillment of the approved plan. Its purpose is to guarantee the installation of all improvements required in this section, and/or required by the hearings examiner.
E.All home occupations operating under a special permit shall be renewed annually. There shall be an annual permit renewal fee determined by the city council and payable to the city clerk-treasurer. If complaints are received from the surrounding property owners expressing concern that the conditional use is detrimental to the character of the area in which it is located because of conditions including, but not limited to: noise, dust, smoke, odor, traffic, signs, interference with radio or television reception, the board of adjustmentHearing Examiner shall hold a public hearing to determine the compatibility of the conditional use. Following the public hearing, the hearings examiner shall recommend to the city council the revocation of the special permit if it is found to be in conflict with the requirements established in this chapter.