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Zoning and Land Uses
Table 17.41.040 provides the list of permitted principal uses in residential zones. See Section 17.41.030 for keys to the letters and symbols in the table.
The density maximum is specified for relevant zones in Table 17.42.020(C). Density is measured in terms of dwelling units per gross acre. See Section 17.31.100 for cluster subdivision standards.
A. Declaration of Purpose.
1. Purpose of Section. Regulations to insure a suitable living environment for owners of mobile homes are adopted and established as necessary for the general health, safety, welfare and convenience of the inhabitants of the city of Aberdeen.
2. Name of Section. This section shall be known and may be cited as “the Mobile Home Park Ordinance.”
The development of commercial uses listed below may also be subject to the standards in Division V of this title, Community Design, and Division VI of this title, Project Design.
A. Medical Use Category. A facility providing medical or surgical care to patients. Some facilities may offer overnight care. This category includes, but is not limited to:
1. Blood plasma donation center.
The development of industrial uses listed below may also be subject to the standards in Division V of this title, Community Design, and Division VI of this title, Project Design.
A. Laboratories and Research Facilities Use Category. A facility focused primarily on the research and development of new products. This includes, but is not limited to, the following uses:
1. Laboratories, offices and other facilities used for research and development by or for any individual or organization whether public or private.
The development of public, institutional, and open space uses listed below may also be subject to the standards in Division V of this title, Community Design, and Division VI of this title, Project Design.
A. Utilities, Major. Large and/or regional public or private utility generation or treatment facilities and possibly having on-site personnel. This category includes, but is not limited to:
1. Water treatment plant.
A. Routine maintenance, cosmetic changes (such as new siding, windows, or roofing), changes to improve energy efficiency, changes to a structure to address unsafe conditions, or upgrading inadequate utilities must not be considered alterations.
B. When a nonconforming building or structure is damaged by fire, natural disaster, or other calamity, and structural repairs needed to maintain a building or structure in a safe structural condition, the building or structure may be restored or replaced provided:
A. Purpose. The city is divided into zones to assist in orderly community development, conserve the value of property, and safeguard the public welfare by:
1. Implementing the Aberdeen comprehensive plan policies through land use regulations.
2. Providing for adequate public facilities and services in conjunction with development.
3. Providing an efficient and compatible relationship of land uses and zones.
4. Providing for a transportation system that offers greater options, mobility, safety, and access in support of the city’s growth strategy.
5. Conserving the city’s natural resources and attractions.
B. Establishment of the Official Zoning Map.
1. The location and boundaries of zones established by this title are shown and maintained as part of the city’s geographic information system (GIS) under the direction of the director. The zoning GIS layer constitutes the city of Aberdeen’s official zoning map and is part of this title. All notations, references, and other information shown shall have the same force and effect as if fully described in this title.
2. At the direction of city council, the director is authorized to revise the official zoning map. No unauthorized person may alter or modify the official zoning map. The revision may be made only after following the applicable process for a site-specific rezone or zone boundary determination (see Table 17.20.030).
3. The department shall maintain digital or printed copies of the official zoning map and maintain records of superseded official maps.
C. Zoning Map Interpretation. When uncertainty exists as to boundaries of any land use zone shown on the official zoning map, the following rules apply:
1. Where a boundary is indicated as approximately following the center line of streets, alleys, railroads, or highways, the actual center line shall be construed to be the boundary.
2. Where a zone boundary is indicated as approximately following the lot or tract lines and the map is scaled at not more than twenty (20) feet from the lot or tract lines, the actual lot or tract lines shall be construed to be the boundaries of such zone.
3. Where a zone boundary divides a lot or tract, the boundary shall be determined by map scaling unless the actual dimensions are shown on the map.
4. Where boundaries are indicated as following lines of ordinary high water, government or meander line, the lines shall be considered to be the actual boundaries, and if they should change the boundaries shall be considered to move with them.
5. Where a public right-of-way is vacated, the vacated area shall have the zone classification of the adjoining property that it merges with.
6. Zone Boundary Determination. In case uncertainty exists which cannot be determined by application of the foregoing rules, a zoning boundary determination shall be made as established in Table 17.20.030. The decision shall be guided by the standards in subsections (C)(1) through (C)(5) of this section, the purpose and language of the Aberdeen comprehensive plan, and the purpose statement of the zones where boundaries are in question.
A. Establishment of Zones. In order to regulate uses of land, buildings and structures in conformance with the policies of the comprehensive land use plan, the city is divided into the residential zones in Section 17.40.030, mixed-use, commercial, and industrial zones in Section 17.40.040, and open space zones in Section 17.40.050.
B. The purpose statements for each zone and map designation in the following sections shall be used to guide the application of the zones and designations to all lands in the city. The purpose statements also shall guide interpretation and application of land use regulations within the zones and designations, and any changes to the range of permitted uses within each zone through amendments to this title.
Table 17.40.020. List of Zones
Zone Name | Abbreviation | Comprehensive Plan Designation |
|---|---|---|
RESIDENTIAL ZONES (17.40.030) | ||
Residential Low | RL | Residential Low |
Residential High | RH | Residential High |
Flex Residential | F-R | Flex-Residential |
MIXED-USE, COMMERCIAL, AND INDUSTRIAL ZONES (17.40.040) | ||
Neighborhood Center Mixed-Use | NC-MU | Neighborhood Center Mixed-Use |
Downtown Mixed-Use | DT-MU | Downtown Mixed-Use |
Commercial | C | Commercial |
Waterfront | WF | Waterfront |
Flex Industrial | F-I | Flex Industrial |
Civic | CV | Civic |
OPEN SPACE ZONES (17.40.050) | ||
Open Space—Residential | OS-R | Open Space—Residential |
Open Space—Parks | OS-P | Open Space—Parks |
Open Space—Conservancy | OS-C | Open Space—Conservancy |
A. Residential Low (RL).
1. Purpose. This designation supports lower density residential development further from Aberdeen’s centers. It is intended to continue Aberdeen’s neighborhood pattern and allow for infill development, especially to accommodate residents moving uphill out of higher risk areas and provide the housing stock needed for Aberdeen’s expected population. At the same time, it allows for areas constrained by topography, wetlands, and other critical areas to create a lower intensity transitional area between the city and the surrounding natural areas.
2. Typical housing types should include houses, townhouses, cottage housing, small lot houses, tiny houses, duplexes, small multiplexes, and accessory dwelling units. Small neighborhood-serving commercial spaces (e.g., day cares, cafe, corner store grocery) should be allowed, especially where relatively dense residential areas are separated from neighborhood centers by steep topography.
3. Use of this zone is appropriate for areas designated residential low in the comprehensive plan.
B. Residential High (RH).
1. Purpose. This designation provides for moderate to high density homes on land suitable for urban development. These areas are conveniently located near downtown or neighborhood centers, transportation opportunities, parks, and civic/institutional facilities, while avoiding areas impacted by air quality, noise, critical areas, flooding, or other risks.
2. Typical housing types should include a mixture of multifamily and single-family homes. Small neighborhood-serving commercial spaces (e.g., cafe, corner store grocery, day cares) should be allowed.
3. Use of this zone is appropriate for areas designated residential high in the comprehensive plan.
C. Flex Residential (F-R).
1. Purpose. This designation allows for a wide range of uses, including residential, commercial, and light industrial. The district emphasizes smaller scale industrial uses such as food processing, workshops, or fabrication; wholesale retail and professional services; home occupations; and low-to-moderate density residential to increase the availability of jobs and allow workers to live close to where they work.
2. Expected development types include small-to-medium footprint flexible buildings that can be used for a variety of business applications, as well as detached houses and middle housing types such as townhouses and duplexes. Home occupations and live/work units should be allowed.
3. Use of this zone is appropriate for areas designated flex-residential in the comprehensive plan.
A. Neighborhood Center Mixed-Use (NC-MU).
1. Purpose. This designation encourages a focus and reinvigoration of Aberdeen’s traditional districts, as envisioned in the Centers and Corridors strategy. These higher intensity areas are limited to places that are located well to be fifteen (15) minute walking centers throughout Aberdeen and make use of existing anchors, such as schools, parks, and groceries or other businesses.
2. New development should include a mix of residential and neighborhood serving commercial. Multistory buildings, especially with some ground floor commercial, are encouraged.
3. Use of this zone is appropriate for areas designated neighborhood center mixed-use in the comprehensive plan.
B. Downtown Mixed-Use (DT-MU).
1. Purpose. This designation is intended for Aberdeen’s historic central core. It reinforces downtown as Aberdeen’s center of commercial, civic, cultural, and tourism activities. Downtown is expected to accommodate new development while reinforcing and enhancing its historic pedestrian-friendly character and scale.
2. Expected development includes mixed residential and ground floor commercial, mixed office and ground floor commercial, and single-purpose residential, commercial, office, and artisan manufacturing uses.
3. Use of this zone is appropriate for areas designated downtown mixed-use in the comprehensive plan.
C. Commercial (C).
1. Purpose. This designation provides for a wide variety of general service, retail, commercial, and storage that serves local and regional customers. It is generally located along major transportation corridors. It may support accessory or upper story residential uses, but the focus should be on maintaining affordable commercial space in Aberdeen to serve the region’s needs. These are relatively centrally located and along transit lines so that all areas of the city have access to commerce. This designation provides for a wide variety of general-service and retail commercial uses, and mixed uses serving local and regional residents and the traveling public.
2. Development should include a wide variety of general service, retail, commercial, and professional office buildings. Development may include residential.
3. Use of this zone is appropriate for areas designated commercial in the comprehensive plan.
D. Waterfront (WF).
1. Purpose. This designation provides for a mix of commercial, cultural, recreational, and water-related light industrial uses in waterfront areas to support tourism and continued water-oriented uses. Development should emphasize and make use of the unique waterfront setting with a pedestrian-friendly environment and public access and views to the water where feasible. Because these areas are generally not protected by the existing or planned levee, high intensity uses are not expected and flood-resilient design is required for certain uses.
2. Typical development should include a mixture of commercial buildings, light industrial activities, and recreational or commercial water access. These areas should be less intense than downtown or neighborhood center designations, except where they also align with a regional center (i.e., the regional shopping center at the mouth of the Wishkah River).
3. Use of this zone is appropriate for areas designated waterfront in the comprehensive plan.
E. Flex-Industrial (F-I).
1. Purpose. This designation provides for a mix of industrial, service commercial, and heavy retail uses that minimize unmitigated external visual, auditory, and physical impacts on adjacent properties and generally do not compete with uses in the downtown and neighborhood center mixed-use areas. Many sites are located along the Chehalis River where orientation to navigable waterways and rail access is of primary importance.
2. Expected development includes structures and surfaces that support industrial, light industrial, manufacturing, shipping, research and development, marine-oriented commercial, and commercial uses.
3. Use of this zone is appropriate for areas designated flex-industrial in the comprehensive plan.
F. Civic (CV).
1. Purpose. This designation ensures land remains available for schools, colleges, hospitals, and other community-serving civic or institutional uses.
2. Expected development includes schools, colleges, hospitals, and other institutional and public buildings.
3. Use of this zone is appropriate for areas designated civic in the comprehensive plan.
A. Open Space—Conservancy (OS-C).
1. Purpose. This designation allows for preservation of natural areas with minimal disruption. These areas may be located to mitigate/adapt to flooding, landslide, and tsunami risks. In some cases, existing uses are commercial or industrial, and these may remain in place until vacated.
2. Existing uses may remain. In the future, trails, interpretive displays, and other development that increases public enjoyment and connection to nature may be considered if designed for a positive impact on natural systems.
3. Use of this zone is appropriate for areas designated open space—conservancy in the comprehensive plan.
B. Open Space—Parks (OS-P).
1. Purpose. This designation allows for existing and future parks and public open space, public community facilities, and essential public facilities. They are located to support downtown and neighborhood centers with public amenities, as well as to enhance the waterfront as a recreational draw.
2. Expected development typically includes public parks and recreation facilities, trail corridors, and open space. These areas may include small commercial spaces (e.g., park concession stand).
3. Use of this zone is appropriate for areas designated open space—parks in the comprehensive plan.
C. Open Space—Residential (OS-R).
1. Purpose. This designation allows for potential residential development in existing natural areas. It is intended to preserve and enhance natural areas where critical areas (e.g., steep slopes, streams) limit feasibility while providing long-term flexibility for residential expansion if needed.
2. Expected development would include cabins and small residences, and if needed in the future, larger residential development types. Agriculture and timber uses may be allowed.
3. Use of this zone is appropriate for areas designated open space—residential in the comprehensive plan.
The purpose of this chapter is to establish the uses generally permitted in each zone which are compatible with the purpose of the zone and other uses allowed within the zone.
A. Use Categories.
1. In order to regulate uses, categories of uses have been established. Use categories provide a systematic basis for assigning land uses to appropriate categories with other similar uses. Use categories classify land uses and activities based on common functional, product, or physical characteristics. These categories include:
a. Residential uses (see Chapter 17.43).
b. Commercial uses (see Chapter 17.44).
c. Industrial uses (see Chapter 17.45).
d. Public, institutional, and open space uses (see Chapter 17.46).
2. Characteristics include the type and amount of activity, the hours of operation, the type of customers or residents, how goods or services are sold or delivered, likely impact on surrounding properties, and site conditions.
3. Use category definitions are included in Chapters 17.43 through 17.46.
4. Where a use category contains a list of included uses, the list is to be considered example uses, and not all-inclusive. The director has the responsibility for categorizing all uses.
B. Principal Uses. Allowed principal uses by zone are listed in Tables 17.41.040 through 17.41.050. Principal uses are grouped into categories of uses.
C. Accessory Uses. Accessory uses are allowed in conjunction with a permitted principal use as established in Chapter 17.47, Accessory Uses and Structures.
D. Temporary Uses. Temporary uses are allowed as established in Chapter 17.48, Temporary Uses.
E. Nonconforming Uses and Structures. See Chapter 17.49 for provisions.
The use tables in this chapter determine whether a use is allowed in a zone.
A. Permitted Use (P). Where the letter “P” appears in the use tables, the subject use is permitted. “Permitted” uses are those that do not require discretionary land use approval permits, but may require building permits or shoreline permits.
B. Conditional Use (C). Where the letter “C” appears in the use tables, the subject use is allowed subject to the conditional use review procedures specified in Section 17.20.030, Types of review, and Chapter 17.33, Conditional Uses.
C. Use Not Permitted ( ). Where no symbol appears in the use tables, the subject use is prohibited in that zone.
D. Special Use Limitations (*)(†). For uses containing symbols * and †, refer to the code reference in the right column next to the applicable symbol.
E. Unclassified Uses. Where a proposed use is not classified in the use tables and sections below, the director shall apply the use provisions of a use most similar in scale and associated level of impacts. Where the director finds that there is no such similar use, the director shall make a determination in writing on whether the use should be permitted, conditionally permitted, or prohibited, based on the purpose of the applicable zone, the mixture of permitted, conditional, and prohibited uses, and the scale and projected impacts of the proposed use. Special criteria in helping to determine whether a use is appropriate for the zone:
1. Consider the scale and type of buildings compared to other permitted uses in the zone.
2. Consider the amount, type, and pattern of vehicular traffic anticipated for the use.
3. Consider the expected outdoor uses and activities associated with the use.
4. Consider the expected noises, odors, emissions, and unique visual impacts associated with the use.
Table 17.41.040 provides the list of permitted principal uses in residential zones. See Section 17.41.030 for keys to the letters and symbols in the table.
NOTE: Accessory uses are not shown in these principal use tables. See Chapter 17.47, Accessory Uses and Structures, for applicable accessory use provisions.
Table 17.41.040. Principal Uses Permitted in Residential Zones
Principal Use | RL | RH | F-R | Section Reference/Condition |
|---|---|---|---|---|
RESIDENTIAL | ||||
Household Living, as listed below | ||||
Single-family house | P | P | P | |
Cottage housing | P | P | P | |
Duplex | P | P | P | |
Triplex or fourplex | P | P | P | |
Townhouse | P* | P | P* | * Up to four (4) attached |
Multifamily, five (5) or more units | P | |||
Group Living, as listed below | ||||
Adult family home | P | P | P | |
Assisted living facility | P | |||
Co-living | P | C | ||
Group care living facilities | C | C | C | |
Nursing homes | C | |||
COMMERCIAL | ||||
Day Care, as listed below | ||||
Mini day care | P | P | P | |
Commercial day care | P | P | ||
Eating/drinking establishments, except as listed below | P* | P† | P | * Up to 2,000 square foot corner lots only shall be closed to the public after 10:00 p.m. † Up to 4,000 square feet, corner lots only |
Bar, nightclub, tavern, lounge, tap room, wine bar | ||||
Medical, except as listed below | ||||
Medical office for dentist, chiropractor, osteopath, physician, or other medical practitioner | P* | P* | P | * Corner lots only and up to 2,000 square feet gross floor area (up to 4,000 square feet in the RH zone) |
Office, except as listed below | ||||
Professional services | P* | P* | P | * Corner lots only and up to 2,000 square feet gross floor area (up to 4,000 square feet in the RH zone) |
Overnight Lodging, except as listed below | ||||
Bed and breakfast and short-term rental | P | P | P | |
Parking | C* | C* | C | |
Personal Service, except as listed below | P* | P* | P | * Corner lots only and up to 2,000 square feet gross floor area (up to 4,000 square feet in the RH zone); shall be closed to the public after 10:00 p.m. |
Retail Sales, except as listed below | P* | P† | P | * Up to 2,000 square feet, corner lots only Shall be closed to the public after 10:00 p.m. † Up to 4,000 square feet, corner lots only |
Farmers’ markets | C | C | C | |
INDUSTRAL | ||||
Industrial Uses, except as listed below | ||||
Light Industrial | P | |||
Wholesale Trade | C | |||
PUBLIC, INSTITUTIONAL AND OPEN SPACE USES | ||||
Agriculture, except as listed below | ||||
Animal husbandry | P | P | P | |
Community garden | P | P | P | |
Nursery, orchards and farming including the retail sales of produce grown on the premises | C | C | P | |
Civic, as listed below and based on gross floor area (GFA) | ||||
<10,000 square feet GFA | P | P | ||
10,000—20,000 square feet GFA | C | P | ||
>20,000 square feet GFA | P | |||
Special civic uses: | ||||
Cemetery/columbarium | P | P | P | |
College, community college, or university | C | C | ||
Community center | C | C | ||
Museum | C | P | ||
Reuse of public schools for public and private recreational uses and public uses | C | C | C | |
Private recreational, civic, social and/or cultural clubs | C | P | ||
Schools, public or private (K-12) | C | C | P | |
Parks, Plazas, Open Spaces, and Natural Areas | P | P | P | |
Utilities, as listed below | ||||
Utilities, major | C | C | C | |
Utilities, minor | P | P | P | |
Table 17.41.050 provides the list of permitted principal uses in mixed-use and industrial zones.
Table 17.41.050. Principal Uses Permitted in Mixed-Use and Industrial Zones
Principal Use | NC-MU | DT-MU | C | WF | F-I | CV | Section Reference/Condition |
|---|---|---|---|---|---|---|---|
RESIDENTIAL | |||||||
Note: Residential uses are not allowed on the ground floor facing a designated storefront street (see Chapter 17.61). Lobbies for multifamily uses are an exception, provided the units meet the standards in Section 17.61.040. | |||||||
Household Living, as listed below | |||||||
Single-family house | P | P* | P* | P* | P* | * Existing units only | |
Cottage housing | P | P* | * Existing units only | ||||
Duplex | P | P* | * Existing units only | ||||
Triplex or fourplex | P | P* | * Existing units only | ||||
Townhouse | P | P | P* | * Existing units only | |||
Multifamily dwellings, five or more units | P | P* | P* | P | P* | * Existing units only | |
Caretaker’s residence | P | P | P | P | P | ||
Group Living, as listed below | |||||||
Adult family home | P | P* | P* | ||||
Assisted living facility | P | P | P | P | P | ||
Co-Living | P | C | |||||
Group care living facilities | C | P | P | P | C | P | |
Nursing home | C | C | C | P | |||
COMMERCIAL | |||||||
Day Care | P | P | P | P | P | ||
Eating/Drinking Establishments | P | P | P | P | P | P | |
General Service, except as listed below | C | P | P | P | P | P | |
Auto and truck repair services within a building | C | P | P | P | P | ||
Heavy service | P* | P | P | * Marine-related only | |||
Public safety facility | C | P | C | P | P | ||
Medical, except as listed below | P | ||||||
Hospital | C* | C | P | * Permitted only on sites over 2 acres | |||
Office | P* | P | P | P | P† | P | * No more than 20,000 square feet † Permitted as an accessory use |
Overnight Lodging | C | P | P | P | P | ||
Parking | C | P | P | P | P | ||
Personal Service, except as listed below | P | P | P | P | P | ||
Animal care | P* | P* | P* | P | P* | * Facilities with outdoor runs are a conditional use | |
Recreation, Indoor As listed below and based on net floor area (NFA): | |||||||
<10,000 square feet NFA | P | P | P | P | C | P | |
10,000 to 20,000 square feet NFA | C | C | C | P | C | P | |
>20,000 square feet NFA | C | C | C | C | C | P | |
Special indoor recreation uses: | |||||||
Adult entertainment | C | C | C | C | |||
Convention center or conference center | P | P | P | P | |||
Shooting range | P | ||||||
Recreation, Outdoor, except as listed below | |||||||
Campground | C | ||||||
Marinas and boat moorage | P | C | |||||
Recreational vehicle park | C | ||||||
Retail Sales, as listed below and based on net floor area (NFA)/individual use: | |||||||
<20,000 square feet NFA | P | P | P | P | P | ||
20,000 to 50,000 square feet NFA | P* | P | P | P | * Permitted only on sites over 2 acres | ||
>50,000 square feet NFA | P | P | P | ||||
Special retail sales uses: | |||||||
Heavy retail | P | C | P | ||||
Cannabis, retail | P* | P* | P* | * A total of 2 cannabis retail stores can be permitted within the city | |||
Gas station | P | C* | P | C | P | P | * Prohibited on storefront streets |
Vehicle Sales/Rental, except as listed below | C | P | P | P | |||
Marine sales/rental | P | P | P | ||||
INDUSTRIAL | |||||||
Heavy Industrial | C | ||||||
Light Industrial, except as listed below | C | P* | C | P | * Use shall be conducted entirely within a building(s) | ||
Cannabis, processing | P | ||||||
Light manufacturing, except as listed below | C | P | P | ||||
Artisan manufacturing | P* | P* | P* | P | P | * Shall include on-site retail component | |
Laboratories and research facilities | P* | P* | P* | P | P | ||
Self-service storage | C | P* | |||||
Warehouse and distribution | C | C | P | ||||
Waste related services, except as listed below | P | P | |||||
Water-oriented industrial uses, except as listed below | P | P | P | ||||
Shipping terminals | C | P | P | ||||
Boat launch facility | P | P | P | ||||
Wholesale trade | C | P | P | P | |||
PUBLIC, INSTITUTIONAL AND OPEN SPACE USES | |||||||
Agriculture, except as listed below | |||||||
Nursery, orchards and farming including the retail sales of produce grown on the premises | P | P | P | P | P | ||
Farmers’ markets | P | P | P | P | P | P | |
Aquaculture | C | P | |||||
Cannabis, production | P | ||||||
Nurseries | C | P | P | ||||
Community garden | P | P | P | P | P | ||
Civic, except as listed below and based on gross floor area (GFA): | |||||||
<10,000 square feet GFA | P | P | P | P | P | P | |
10,000 to 20,000 square feet GFA | P | P | P | P | P | ||
>20,000 square feet GFA | P* | P | P | C | P | * Permitted only on sites over 2 acres | |
Special civic uses: | |||||||
College, community college, or university | P | C | P | ||||
Community center | P | P | P | C | P | ||
Museum | P | P | P | P | |||
Schools, public or private (K-12) | C | C | C | P | |||
Parks, plazas, open spaces, and natural areas | P | P | P | P | P | ||
Utilities | |||||||
Utilities, major | C | C | C | C | C | ||
Utilities, minor | P | P | P | P | P | ||
Sustainable energy generation system | C | C | P | P | |||
Battery energy storage systems | P | C | |||||
Table 17.41.060. Principal Uses Permitted in Open Space Zones
Principal Use | OS-R | OS-P | OS-C | Section Reference/Condition |
|---|---|---|---|---|
Single-family house | P | P* | * Existing uses only, no new construction | |
Bed and breakfast inns | P | |||
Cemetery/columbarium | C | C | ||
Private recreational, civic, social and/or cultural clubs | C | |||
Schools, public or private (K-12) | C | C | ||
Parks, plazas, open spaces, and natural areas | P | P | P | |
Agriculture | P | |||
Campground | P | |||
RV Park | P | |||
Utilities, major | C | P | P | |
Utilities, minor | C | C | C | |
Sustainable energy generation system | C |
A. Purpose.
1. To promote forms of development that reinforce and/or enhance the desired character of Aberdeen residential neighborhoods, business districts, and industrial zones.
2. To promote compatibility between developments.
3. To minimize environmental impacts of development.
B. Key to the Form and Intensity Standards Tables.
1. The form and intensity standards tables address the form and intensity of development specific to individual zones. The zone is located on the vertical columns and the form/intensity topic being addressed is located on the horizontal rows.
2. Where a reference appears after the form and intensity measure, then the use or development is subject to standards in that section or chapter.
3. For uses containing symbols * and †, refer to the code reference in the right column next to the applicable symbol.
4. If a cell is blank ( ), then there are no standards for the particular measure or it is not applicable to the zone.
5. Sections 17.42.040 through 17.42.100 provide clarification and exceptions to the form and intensity standards tables below.
A. Table 17.42.020(A) sets forth the form and intensity standards for residential zones.
Table 17.42.020(A). Form and Intensity Standards in Residential Zones
Standards | RL | RH | RF | Section Reference/ Condition |
|---|---|---|---|---|
LOT SIZE AND DEVELOPMENT INTENSITY | ||||
Minimum lot size (square feet) | 5,000 | 5,000 | 5,000 | |
Maximum dwelling units per lot | 4 | N/A | 4 | |
Lot area per dwelling unit (square feet) | 1,250 | N/A | N/A | |
Lot coverage | 45 percent* | 60 percent | 45 percent* | * or 2,000 square feet, whichever is greater |
Height, maximum (feet) | 35 | 45 | 35 | |
SETBACKS (minimum) | ||||
Street setback (feet) | 15 | 10 | 15 | |
Minimum side setback (feet) | 5 | 5 | 5 | |
Side setback, street (feet) | 10 | 10 | 10 | |
Garage street setback (feet) | 20 | N/A | 20 | |
Minimum rear setback (feet) | 5 | 5 | 5 | |
B. Table 17.42.020(B) sets forth the form and intensity standards for mixed-use, commercial, and industrial zones.
Table 17.42.020(B). Form and Intensity Standards in Mixed-Use, Commercial, and Industrial Zones
Principal Use | NC-MU | DT-MU | C | WF | F-I | CV | Reference |
|---|---|---|---|---|---|---|---|
LOT SIZE AND DEVELOPMENT INTENSITY | |||||||
Minimum lot size (square feet) | 5,000 | 5,000 | 5,000 | 5,000 | 5,000 | 10,000 | |
Lot coverage | 60 percent | N/A | N/A | N/A | N/A | N/A | |
Height, maximum (feet) | 45* | N/A | 35 | 45† | 45 | 75 | * maximum of 75 feet on lots 2 acres or larger † Maximum of 35 feet within 200 feet for shoreline (see Shoreline Master Program, Chapter 14.50) |
SETBACKS | |||||||
Street setback and side setback, street (feet) | 10* | 5* | 5* | 5* 10 † | 10 | 10 | * Except for storefronts meeting Section 17.61.040 † 10-foot front setback where lot fronts on a state highway |
Side setback (feet) | 5* | N/A | N/A | N/A | N/A X | 5 | * Required only on sides adjacent to lots zoned RL X 5-foot setback adjacent to existing residence |
Rear setback (feet) | 5* | N/A | N/A | N/A | N/A | 5 | * Required only on sides adjacent to lots zoned RL |
C. Table 17.42.020(C) sets forth the form and intensity standards for open space zones.
Table 17.42.020(C). Principal Uses Permitted in Open Space Zones
Principal Use | OS-R | OS-P | OS-C | Reference |
|---|---|---|---|---|
LOT SIZE AND DEVELOPMENT INTENSITY | ||||
Minimum lot size (square feet) | 25,000 | N/A | N/A | |
Maximum units per lot | 1 | |||
Density maximum (dwelling units/gross acre) | 2 units per acre | N/A | N/A | |
Lot coverage | 10 percent | 10 percent | 10 percent | |
Height, maximum (feet) | 35 | 35 | 35 | |
SETBACKS (minimum) | ||||
Street setback (feet) | 20 | 20 | 20 | |
Side setback (feet) | 10 | 10 | 10 | |
Rear setback (feet) | 10 | 10 | 10 | |
A. Minimum lot size calculations are based on net lot area, rather than gross lot area. The following areas are excluded from the minimum lot area calculations:
1. Street right-of-way, or other areas reserved or dedicated for public use (such as parks, open space, and stormwater facilities).
2. Submerged lands, landslide hazard areas and buffers, regulated wetlands and buffers, and Type 1, 2, 3 and 4 streams and buffers.
B. Existing lots that do not meet the minimum lot size may be developed in accordance with the lot area per unit standard (Section 17.42.050).
The density maximum is specified for relevant zones in Table 17.42.020(C). Density is measured in terms of dwelling units per gross acre. See Section 17.31.100 for cluster subdivision standards.
Maximum units per lot is specified for relevant zones in Tables 17.42.020(A), (B), and (C).
A. Maximum units per lot does not apply to cottage housing or accessory dwelling units.
B. For preexisting lots that do not meet the minimum lot size specified in Tables 17.42.020(A), (B), and (C), see Section 17.42.050 for the number of units that may be developed.
Lot area per unit is specified for residential zones in Table 17.42.020(A). Accessory dwelling units shall be counted as a unit for the purposes of this standard.
Lot coverage refers to the area of a lot which is covered by buildings and structures. Lot coverage calculation details and clarification:
A. The area covered shall be measured from the outside of external walls of enclosed spaces, from the outer edge of the floor of covered decks and porches and from the supporting members of structures, such as a carport, which are not enclosed by walls.
B. The roof overhang shall not be included in the lot coverage unless it exceeds three (3) feet, in which case the portion of the roof overhang extending beyond three (3) feet shall count as part of the lot coverage.
C. Open beams and lattice work without a roof are not considered part of the lot coverage.
D. Minor appurtenances such as bay windows, chimneys and trim not extending more than two (2) feet from the primary wall, and not extending the enclosed floor area, shall not count in lot coverage.
E. Uncovered decks or patios on grade shall not count in lot coverage.
F. For unusual structures, for example, communication towers, the director shall determine the extent of lot coverage.
A. Height Measurement. Building height is measured to the highest point of the structure from the average of the natural topography at the foundation at the front of the building. Exceptions and clarifications:
1. In cases where the lot slopes downhill from the property line at the front of the building, the height is measured from the highest point of the house to the average of the natural grade directly under the building.
2. If the building site has frontage on two (2) or more streets, the height is measured from the highest point of the building to the average of the natural grade directly under the building if the lot slopes downhill from the property line on either street frontage.
3. The allowable height is measured from the average of the natural or existing topography of the portion of the lot, parcel or tract of real property which will be directly under the proposed building.
4. Height requirements for buildings in shoreline jurisdictions are provided for in the shoreline master program.
5. Calculation of the average grade level is made by averaging the elevations of the center of all exterior walls of the proposed building. Additionally, “natural or existing topography” is the topography of the lot, parcel or tract of real property immediately prior to any site preparation, grading, excavation, or filling. Where a tract of land is regraded for the purpose of a land division, the “natural or existing topography” is the grades as they exist at the time of recording of the final plat.
B. Exceptions. The following structures may be erected above the height limits established in Tables 17.42.020(A), (B), and (C):
1. Roof structures housing or screening elevators, stairways, tanks, rooftop wind generators, ventilating fans or similar equipment required for building operation and maintenance may exceed the height limit by:
a. Up to ten (10) feet in all zones except RL, provided the area with the added height is limited to what is necessary to screen or enclose the use.
b. Up to fifteen (15) feet on buildings over four (4) stories in height where they allow access to shared roof decks that meet the requirements of Section 17.62.030(F)(2).
Such structures constructed for nonresidential or multifamily uses are subject to screening standards in Section 17.62.060(E).
2. Fire or parapet walls may exceed the height limit by up to five (5) feet in the RH zone and ten (10) feet in mixed-use, commercial and industrial zones.
3. Except as may otherwise be prohibited by the FAA regulations, the height limitations of Tables 17.42.020(A), (B), and (C) do not apply to church spires, belfries, cupolas and domes not intended for residential purposes, or to monuments, water towers, observation towers, power transmission towers, silos, grain elevators, chimneys, smokestacks, derricks, conveyors, flag poles, radio, masts, aerials and similar structures.
The form and intensity standards tables in this chapter provide minimum standards for street, interior side, and rear setbacks. Clarification on how these setbacks are measured is provided below.
A. Measurement. All setbacks shall be measured at right angles, or as near to right angles as possible, to the nearest property line in a plane horizontal to the ground. Setback directions shall be determined as provided in subsections (B) through (E) of this section.
B. Street Setbacks.
1. The street setback is measured from the street right-of-way to a line parallel to and measured perpendicularly from the street right-of-way at the minimum depth prescribed for each zone.
2. For corner lots in residential zones, the street setback is measured from the street right-of-way that is the property’s street address and primary access. The other lot frontage is referred to as the side setback, street.
3. For lots on streets with a right-of-way at least sixty (60) feet wide, the street setback may be reduced by one (1) foot for each additional foot above five (5) between the property line and the nearest edge of the sidewalk. If no sidewalk is present, the street setback may be reduced by one (1) foot for each additional foot above ten (10) feet between the property line and the nearest edge of the roadway.
Figure 17.42.080(B). Street Setback Reduction on Wide Rights-of-Way
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C. Side Setback. The side setback is measured from the side lot line adjacent to another property to a line parallel to and measured perpendicularly from the side lot lines at the depth prescribed for each zone.
Exception. No side setback is required between individual units within a townhouse building, where allowed.
D. Garage Setback. The garage setback applies to the front doors of individual private garages as measured from the street right-of-way that provides the primary access as in subsection (B) of this section. It does not apply to underground or aboveground parking structures shared by multiple residents or tenants.
Figure 17.42.080(A)—(D). Setback Types
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E. Rear Setback. The rear setback is measured from the rear lot line to a line parallel to and measured perpendicularly from the rear lot lines at the depth prescribed for each zone.
F. Setbacks for Flag Lots. Flag lots are exempt from street setback requirements. Flag lots shall have a rear lot line designated, typically opposite from the access corridor (the pole of the flag), and all other lot lines are considered side lot lines (see Figure 17.42.090(E)).
Figure 17.42.080(F). Setbacks on Flag Lots
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G. Through Lots. For lots featuring streets on opposite ends, the street setback is measured from the street right-of-way that is the property’s street address and primary access. The opposite lot frontage is considered the rear setback.
H. Setback Measurements for Irregular Lots. Setback distances established for residential zones are based on rectangular lots. Nonrectangular lots, lots with three (3) sides or more than four (4) sides, curved property lines, and other nonstandard lots require special measurement techniques in order to achieve the purpose of setback requirements:
1. Rear Setbacks. In the case of an irregularly shaped lot, a ten (10) foot line which is within the lot and parallel to and most distant from the front lot line shall be considered the rear lot line for purposes of determining required setbacks and for interpretation of other provisions of this code (see illustration).
2. Interior Side Setbacks. All lot lines which are not front or rear lot lines shall be considered interior side lot lines for the purpose of measuring setbacks.
3. Determination by Director. Where a building site is situated such that it is unclear which should be considered the front, rear, and sides, required setbacks shall be as determined by the director in compliance with the following criterion: required setbacks shall not permit the placement of buildings on the site in a manner that will constitute a grant of special privileges inconsistent with the limitations placed on other properties in the vicinity and incompatible with surrounding uses.
Figure 17.42.080(H). Examples of Determining Setback Lines on Irregular Lots
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The following structures may extend into or be located in required setbacks:
A. Fireplace structures, bay or garden windows, or similar structures may project thirty (30) inches into a street or rear setback, provided such projections are:
1. Limited to two (2) per building elevation.
2. Not wider than ten (10) feet.
3. Do not extend the floor area or foundation into the setback.
B. Eaves, cornices, awnings, and window shades may not project more than:
1. Three (3) feet into a street or rear setback.
2. Two (2) feet into the interior side setback.
C. Covered porches and entries may project up to six (6) feet into the street setback.
D. Uncovered porches and decks may project up to six (6) feet into the street or rear setbacks.
Figure 17.42.090. Porch Projection

E. The following features are permitted within the required street setback:
1. Mailboxes, newspaper boxes, and free neighborhood book exchange boxes.
2. Fire hydrants and associated appendages.
3. Bus shelters.
4. Freestanding signs complying with Chapter 17.66, Signage.
F. The following features are permitted within any required setback:
1. Utility poles and lines.
2. Underground utilities and sprinkler systems.
3. Light and flagpoles.
4. Trellises not exceeding eight (8) feet in height.
5. Electrical equipment cabinets and similar utility boxes and vaults.
6. Stormwater facilities and elements of stormwater best management practices, unless a minimum setback is otherwise specified in this title or in the adopted stormwater management manual.
7. Fences complying with Chapter 17.67, Fences and Hedges.
8. Uncovered porches and decks not exceeding eighteen (18) inches average height above the finished grade.
9. Enclosures for solid waste collection and storage when in compliance with the standards of Section 17.62.060.
10. Ramps added to an existing building for the specific purpose of accessibility for persons with disabilities when no other reasonable location is available.
G. No projections are allowed into a regional utility corridor, access easement, or utility easement.
A. A lot adjoining a planned street identified in the comprehensive plan, transportation plan, and/or capital improvement program shall provide a street setback along the planned street meeting the same standards as though the street were already constructed.
B. Along any mixed-use or industrial-zoned property line adjoining a residential zone with no intervening street or alley, the minimum setback shall be the same as the applicable minimum setback for the adjacent zone.
A. Household Living Use Category.
1. Residential Occupancy of a Dwelling Unit by a Household. Household living includes the following uses:
a. Single-family house.
b. Cottage housing.
c. Duplex.
d. Triplex.
e. Fourplex.
f. Townhouse.
g. Multifamily, five (5) or more units.
h. Senior housing.
i. Transitional housing.
j. Permanent supportive housing.
2. Modular or factory-built residential buildings licensed by the Washington State Department of Labor and Industries can serve as any of the above housing types, as long as all applicable standards are met.
B. Single-Family House.
1. Definition. A building entirely surrounded by open space containing one (1) dwelling unit on a lot that is not an accessory dwelling unit or part of a cottage housing development.
2. Multiple Single-Family Houses. Multiple single-family houses may be built on the same lot provided they meet:
a. Individual homes shall be separated from other homes by at least eight (8) feet. Permitted projections into required interior side setback in Section 17.42.100 apply.
b. The development and design standards in subsection (B)(3) of this section.
c. A paved pedestrian connection at least three (3) feet wide is required between each house and the sidewalk (or the street if there is no sidewalk). Driveways may be used to meet this requirement.
3. Development and Design Standards.
a. Form and Intensity. See Chapter 17.42 for applicable standards.
b. Entries. All houses shall feature a covered pedestrian entry, such as a covered porch or recessed entry, with minimum weather protection of three (3) feet by three (3) feet.
c. Driveways. See Chapter 17.53 for applicable standards.
d. Off-Street Parking. See Table 17.65.040 for applicable standards.
4. Manufactured Homes and Mobile Homes. Manufactured homes and mobile homes are permitted to serve as single-family houses, provided all other standards are met.
a. Definitions.
(1) “Manufactured home” means a single-family dwelling built to 42 U.S.C. 5401 through 5403 standards (as amended in 2000). A mobile home, modular home, commercial coach, or recreational vehicle is not a manufactured home.
(2) “Mobile home” means a factory-built dwelling built prior to June 15, 1976, to standards other than the United States Department of Housing and Urban Development Code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. Mobile homes have not been built since the introduction of the United States Department of Housing and Urban Development Manufactured Home Construction and Safety Act.
b. Requirements for Manufactured homes to Be Sited on Individual Lots Within Residential Districts. All manufactured homes sited on individual lots outside of mobile home parks and subdivisions are permitted uses in all residential zones and shall comply with each of the following requirements in addition to the requirements of each zoning district:
(1) The manufactured home shall have at least seven hundred forty (740) square feet of gross floor area and be at least twenty (20) feet in width. Any body part or extension which is not seventy (70) percent or more of the length shall not be included in the measurement of the width.
(2) The manufactured home shall comply with the installation requirements of the state of Washington Department of Labor and Industries found at WAC 296-150B-200 through 296-150B-255 or their successors.
(3) Permanent steps with handrails shall be provided at all exits. The steps and handrails shall comply with the requirements of the International Building Code.
(4) The tongue, axle, traffic safety lights and any traffic warning lights shall be removed.
(5) The manufactured home shall comply with the Federal Manufactured Home Construction and Safety Standards in effect at the date of manufacture and the home shall have been manufactured on or after June 15, 1976.
(6) The primary use of the manufactured home shall be residential.
(7) No manufactured home shall be converted or changed from one type of manufactured home to another type.
(8) The manufactured home shall be new.
C. Cottage Housing.
1. Definition. A small single-family dwelling that is clustered with other similar units sharing a common open space.
Figure 17.43.010(C)(1). Cottage Housing Development Examples
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2. Development and Design Standards.
a. Form and Intensity. See Chapter 17.42 for applicable standards, except otherwise noted in this subsection (C)(2).
b. Lot Area per Unit. Due to the smaller relative size of cottage units, each cottage requires one-half (0.5) the lot area per unit required under Section 17.42.050.
c. Minimum and Maximum Number of Cottages.
(1) Cottage housing developments shall contain a minimum of three (3) cottages.
(2) Three (3) to twelve (12) cottage structures may make up a cluster. There is no limit on the number of clusters provided all other standards are met.
(3) Attached duplex cottages are allowed.
d. Setbacks and Separation.
(1) The minimum setbacks set forth in Table 17.42.010 apply to the development frontage and external side and rear property lines of the entire cottage development.
(2) Individual cottages shall be separated from other cottages by at least eight (8) feet. Permitted projections into required interior side setback in Section 17.42.100 apply.
(3) Cottages shall be set back at least five (5) feet from any internal pedestrian path. Permitted projections into required street setback in Section 17.42.100 apply.
(4) Cottages shall be set back at least five (5) feet from any internal access lanes that provide access to four (4) or more cottages. For access lanes serving less than four (4) cottages, at least five (5) feet of separation is required between access lanes and cottages. Permitted projections into required street setback in Section 17.42.100 apply for setbacks to internal access lanes.
e. Building Height.
(1) Cottages have a maximum building height of twenty-five (25) feet. All parts of the roof above eighteen (18) feet shall be pitched with a minimum roof slope of 6:12.
(2) Accessory structures in cottage housing developments are subject to the standards in Section 17.47.020.
f. Cottage Size. Cottages shall contain no more than one thousand four hundred (1,400) square feet gross floor area in total, not including attached garages.
g. Entries.
(1) Clear and obvious pedestrian access between the sidewalk (or the street if there is no sidewalk) and the building entry is required for new dwellings.
(2) All new dwellings shall provide minimum weather protection of three (3) feet by three (3) feet (a covered porch or recessed entry) for each pedestrian entry.
h. Common Open Space.
(1) Minimum Size. Common open space shall be at least four hundred (400) square feet per cottage.
(2) Minimum Dimensions. Common open space shall have no dimension less than fifteen (15) feet. Areas used to meet private open space requirements may not be double-counted as common open space.
(3) Elements. Common open space may include a lawn, courtyard, plaza, garden, or other shared central open space and may not include parking areas. Common open space shall be useable and may not include critical areas or critical area buffers, including steep slopes. LID stormwater BMPs, like rain gardens, may be integrated in up to twenty-five (25) percent of the minimum required usable open space area.
(4) Orientation. Common open space shall have cottages abutting on at least two (2) sides. At least fifty (50) percent of the cottages in each cottage housing cluster shall abut common open space. Cottages abutting the common open space shall be oriented around and have the primary entrance face the common open space. Cottages that front on a street that are adjacent to a common space must have a second entrance facing the street.
(5) Access. Cottages shall be within one hundred (100) feet walking distance of the common open space and feature a direct pedestrian connection to the common open space.
i. Shared Community Buildings.
(1) A shared community building may be integrated into the common open space area required in subsection (C)(2)(h) of this section but shall not be included in the minimum common open space area calculations.
(2) Uses. The building may include uses such as, but not limited to, a multi-purpose entertainment space, recreation center, kitchen, library, storage space, workshop, or similar amenities that promote shared use and a sense of community.
(3) Height. Shared community buildings shall be no taller than cottages within the development.
(4) Size. Shared community buildings shall be no larger than cottages within the development.
(5) Other Standards. Shared community buildings are subject to the accessory structure standards in Section 17.47.020.
j. Access and Parking.
(1) See Chapter 17.53 for applicable driveway standards.
(2) See Table 17.65.040 for off-street parking requirements.
(3) Parking areas shall be located to the side or rear of cottage clusters. Parking shall not be located between the street and cottages nor between cottages and common open space.
(4) Parking and access lanes shall be screened from adjacent residential uses by landscaping or architectural screens. For parking areas and access abutting residential uses, at least five (5) feet of Type A, B, or C landscaping (see Section 17.64.050) shall be provided between the parking area and the abutting residential use.
(5) Parking is encouraged to be consolidated under cover. Uncovered parking shall be located in clusters of not more than five (5) adjoining spaces (except where adjacent to an alley). Driveway space in front of private garages is exempt from this provision.
(6) Garages with a footprint of up to three hundred (300) square feet may be attached to individual cottages, provided all other standards herein are met. Such garages do not count toward the size limit of cottages. Such garages shall not be located adjacent to the common open spaces.
Departures to the garage/common open space standard will be considered provided the combination of the common open space design, garage location and design, and landscaping/architectural design features help to create a common open space that meets the purposes of the standards and the design mitigates the impact of the garages on the common open space.
Figure 17.43.010(C)(2). Cottage Housing Site Plan Example
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3. Accessory dwelling units are not permitted in cottage housing developments.
D. Duplex.
1. Definition. A building that is entirely surrounded by open space and contains two (2) dwelling units.
2. Development and Design Standards.
a. Form and Intensity. See Chapter 17.42 for applicable standards.
b. Pedestrian Access. A paved pedestrian connection at least three (3) feet wide is required between each unit and the sidewalk (or the street if there is no sidewalk). Driveways may be used to meet this requirement.
c. Entries. All units shall feature a covered pedestrian entry (whether individual or shared), such as a covered porch or recessed entry, with minimum weather protection of four (4) feet by three (3) feet.
e. Driveways. See Chapter 17.53 for applicable standards.
f. Off-Street Parking. See Table 17.65.040 for applicable standards.
g. Unit Articulation. Each attached unit featuring a separate ground level entrance in a multi-unit building facing the street shall include at least one (1) of the articulation options listed below. Facades separated from the street by a dwelling or located more than one hundred (100) feet from a street are exempt from this standard. Articulation options:
(1) Roofline change or a roof dormer with a minimum of four (4) feet in width.
(2) A balcony a minimum of two (2) feet in depth and four (4) feet in width and accessible from an interior room.
(3) A bay window that extends from the facade a minimum of two (2) feet.
(4) An offset of the facade of a minimum of two (2) feet in depth from the neighboring unit.
(5) A roofed porch at least fifty (50) square feet in size.
Figure 17.43.010(D). Unit Articulation Options
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3. Multiple duplexes may be built on the same lot provided they meet:
a. The form and intensity standards in Chapter 17.42.
b. The development and design standards above.
E. Triplex and Fourplex.
1. Definitions.
a. Triplex Definition. A building that is entirely surrounded by open space on the same lot and contains three (3) dwelling units.
b. Fourplex Definition. A building that is entirely surrounded by open space on the same lot and contains four (4) dwelling units.
2. Development and Design Standards. Triplexes and fourplexes are subject to the same standards as set forth for duplexes in subsection (D)(2) of this section.
F. Townhouse.
1. Definition. A dwelling unit in a row of at least three (3) such units in which each unit has its own front access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one (1) or more common walls.
2. Development and Design Standards.
a. Townhouses with three (3) to four (4) units are subject to the same standards as set forth for duplexes in subsection (D)(2) of this section plus the standards below.
b. Townhouses with more than four (4) units are subject to the following standards:
(1) Form and Intensity. See Chapter 17.42 for applicable standards.
(2) Driveways. See Chapter 17.53 for applicable standards.
(3) Project Design. See Division VI of this title for applicable standards, except where they are in conflict with townhouse-specific standards in subsections (F)(2)(c) through (F)(2)(e) of this section.
c. For townhouses where the primary pedestrian access to the dwelling is from an alley or private internal vehicular access, buildings shall emphasize individual pedestrian entrances over private garages by using both of the following measures:
(1) Enhance entries with a trellis, small porch, or other architectural features that provide cover for a person entering the unit and a transitional space between outside and inside the dwelling.
(2) Provide a planted area in front of each pedestrian entry of at least twenty (20) square feet in area, with no dimension less than four (4) feet.
Figure 17.43.010(F)(2)(c). Acceptable and Unacceptable Examples of Garage/Entry Configurations
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The left example features a landscaped area and a trellis to highlight the entry. In the middle image, the balconies and landscaped areas deemphasize the garage. In the right image, the lack of landscaping near the entries would not be allowed (where this is the primary pedestrian entry to the unit).
d. Private garages facing the street are prohibited in townhouse buildings with more than four (4) units. Garages shall be provided off of an alley or internal court or drive.
e. Internal Drive Aisle Building Separation. Minimum building separation along uncovered internal drive aisles shall be twenty-four (24) feet. Projections into this minimum building separation standard are permitted for each building consistent with the “interior side setback” projections referenced in Section 17.42.090. The purpose is to provide adequate vehicular turning radius, allow for landscaping elements on at least one (1) side, and to provide adequate light and air on both sides of the dwelling units and vehicle areas, which often function as usable open space for residents.
G. Multifamily.
1. Definition. A building that contains five (5) or more dwelling units. The term also includes any dwelling units that are within a mixed-use building.
2. Standards. Multifamily developments are subject to the following standards:
a. Form and Intensity. See Chapter 17.42 for applicable standards.
b. Driveways. See Chapter 17.53 for applicable standards.
c. Project Design. See Division VI of this title for applicable standards, except where they are in conflict with townhouse-specific standards in subsection (F) of this section.
3. Ground Floor Restrictions. Multifamily units are not permitted on the ground floor in the C and DT-MU zones. Lobbies and other common areas plus structured parking facilities for multifamily developments may be built on the ground floor.
H. Senior Housing.
1. Definition. A type of multifamily building restricted to occupancy by a person or persons who satisfy one (1) of the following requirements:
a. Meet the minimum age in the definition of “housing for older persons” contained in Section 3607(b)(2) of the Federal Fair Housing Act, as amended.
b. Their domestic partners and/or live-in caregivers are fifty-five (55) years of age or older and/or disabled.
c. Standards that apply to multifamily housing also apply to senior housing, unless otherwise noted.
I. Transitional Housing.
1. Definition. A facility that provides housing and supportive service to facilitate movement of individuals and families experiencing homelessness into permanent housing.
2. Transitional housing may take the form of any permitted dwelling type in the household living category; standards for the applicable permitted household living use apply.
J. Permanent Supportive Housing.
1. Definition. Subsidized leased housing, utilizing admissions practices with lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing and is paired with on-site or off-site voluntary services.
2. Permanent supportive housing may take the form of any permitted dwelling type in the household living category; standards for the applicable permitted household living use apply.
A. Group Living Use Category. Residential occupancy of a structure by a group of people that does not meet the definition of household living. Generally, group living facilities have a common eating area for residents and residents may receive care or training. Group living includes the following uses:
1. Adult family home.
2. Assisted living facility.
3. Co-living.
4. Group care living facility.
5. Nursing home.
B. Adult Family Home.
1. Definition. A residential home in which a person or persons provide personal care, special care, room and board to more than one (1) but not more than six (6) adults who are not related by blood or marriage to the person or persons providing the services. RCW 70.128.140 provides that adult family homes are treated the same as single-family homes under applicable regulations.
2. Standards.
a. An adult family home shall be licensed under Chapter 70.128 RCW.
b. The subject use requires a residential rental business license (see Chapter 5.06). State-owned and public housing authority facilities are exempt.
c. Use Permissions in the DT-MU and C Zones. An adult family home is a permitted use when in an existing single-family dwelling.
C. Assisted Living Facility.
1. Definition. A state-licensed multi-unit establishment which provides living quarters and a variety of limited personal care and at least a minimal amount of supportive health care to individuals who are unable to live independently due to infirmity of age, physical or mental handicap, but who do not need the skilled nursing care of a convalescent center or nursing home. Supportive health care may include health care monitoring, such as assistance with medication, but is limited to health care services which may be provided by a boarding home licensed under Chapter 18.20 RCW. These facilities may consist of individual dwelling units with a full kitchen, partial kitchen or no kitchen. In addition, these facilities may have a communal dining area, recreational facilities (library, lounge, game room, open space), and/or laundry facilities. Assisted living facilities do not include adult family homes, as defined in Chapter 70.128 RCW, Sanitaria, convalescent homes and rest homes.
2. Standards.
a. The development of such facilities are subject to the standards in Division VI of this title, Project Design. Such facilities are considered a type of multifamily use for the purpose of complying with the standards of Chapter 17.61, Block Frontage Standards.
b. The subject use requires a residential rental business license (see Chapter 5.06).
D. Co-Living.
1. Definition. A residential development with sleeping units that are independently rented and lockable and provide living and sleeping space, and residents share kitchen facilities with other sleeping units in the building.
2. Standards.
a. The development of such facilities is subject to the standards in Division VI of this title, Project Design. Such facilities are considered a type of multifamily use for the purpose of complying with the standards of Chapter 17.61, Block Frontage Standards.
b. The minimum off-street parking requirements are three-quarters (0.75) space per sleeping unit.
c. The subject use requires a residential rental business license (see Chapter 5.06).
E. Group Care Living Facilities.
1. Definition. A place of residence for the handicapped, physically or mentally disabled, developmentally disabled, homeless or otherwise dependent persons. Group homes are intended to provide residential facilities in a home-like environment. Such homes range from licensed establishments operated with twenty-four (24) hour supervision to nonlicensed facilities offering only shelter. They shall not include correctional facilities (except as authorized by Chapters 137-56 and 137-57 WAC for work/training release programs), nursing homes, foster family homes or adult family homes as defined by the Washington State Department of Social and Health Services or its successor agency.
2. Group homes include, but are not limited to, the following:
a. Confidential Shelters. Shelter for victims of domestic violence as defined and regulated in Chapter 70.123 RCW and Chapter 388-61A WAC. Such facilities are characterized by a need for confidentiality.
b. Home for the Disabled. A home or other facility which provides board and domiciliary care to individuals who, by reason of infirmity, require such care. An infirmity may be based on conditions including, but not limited to, physical handicap, mental illness and other developmental disabilities. These group homes are a type of boarding home, as defined in Chapter 18.20 RCW. However, boarding homes serving the aged infirm are not included in this definition.
c. Homeless Shelter. A facility offering lodging and/or emergency shelter to homeless individuals for an indefinite period of time and meeting the standards of Chapter 248-144 WAC.
d. Group Home for Youth. Any home maintained and operated for the care of children on a twenty-four (24) hour basis as defined and regulated in Chapter 388-73 WAC and Chapter 74.15 RCW.
e. Group Home for Offenders. A home or other facility operated for housing and supervision of work/training release residents during their stay in a work/training release program as defined and regulated in Chapters 137-56 and 137-57 WAC.
f. Group Home. Living facilities for groups of unrelated individuals that include at least one (1) person residing on site who is responsible for supervising, managing, monitoring and/or providing care, training or treatment of residents.
3. The subject use requires a residential rental business license (see Chapter 5.06).
F. Nursing Home.
1. Definition. An establishment providing care for persons recovering from an illness or operation or persons made weak or disabled by illness or injury. Such establishments shall be duly licensed by the state as a “nursing home” in accordance with current state statutes.
2. Standards.
a. Design Standards. For the purpose of meeting the project design standards of Division VI of this title, except for Chapter 17.65, Parking, this use is considered a multifamily use when interpreting applicability provisions.
b. The subject use requires a residential rental business license (see Chapter 5.06).
1. Definition. “Caretaker’s residence” means a dwelling unit located on the premises of a commercial, industrial or public enterprise, and which is occupied by a person who is the owner, proprietor, manager, watch guard, or is otherwise at times in charge of such enterprise.
A. Declaration of Purpose.
1. Purpose of Section. Regulations to insure a suitable living environment for owners of mobile homes are adopted and established as necessary for the general health, safety, welfare and convenience of the inhabitants of the city of Aberdeen.
2. Name of Section. This section shall be known and may be cited as “the Mobile Home Park Ordinance.”
B. Definitions. As used in this chapter, the following terms are described in this section:
“Mobile home” means a manufactured relocatable living unit of not less than thirty-two (32) feet in length.
“Mobile home lot” means a plot of ground within a mobile home park which is plainly marked and designed to accommodate one (1) mobile home.
“Mobile home pad” means that part of the individual lot which is improved to provide an accepted foundation for the placement of the mobile home and any attached accessory structure.
“Mobile home park” means any tract of land of five (5) acres that is divided into lots, under the ownership or management of one (1) person, firm or corporation for the purpose of locating two (2) or more mobile homes for dwelling or sleeping purposes.
“Service building” means a building for the purpose of housing community facilities.
C. Location of Mobile Home Parks.
1. Access. A mobile home park shall have direct access to a public street.
D. General Use Regulations.
1. Occupancy Restrictions. A mobile home shall not be occupied for dwelling purposes unless it is properly placed on a mobile home pad, connected to water, sewage and electrical utilities, and meets all the requirements of the Department of Labor and Industry.
E. Mobile Home Park Site Requirements.
1. Size of Mobile Home Park. No mobile home park shall be developed on any tract of land less than five (5) acres in size.
2. Size of Mobile Home Lots. The minimum size of a mobile home lot shall be four thousand (4,000) square feet for parks of more than ten (10) acres, and five thousand (5,000) square feet for parks of five (5) to ten (10) acres; the minimum width of a mobile home lot shall be forty (40) feet; the lot boundaries shall be plainly marked by corner stakes, fencing, shrubbery, or other means. A mobile home shall not occupy more than one-third (1/3) of its lot.
3. Spacing of Mobile Homes and Accessory Structures.
a. There shall be a distance of fifteen (15) feet between mobile homes and between the park boundary and a mobile home;
b. There shall be a distance of five (5) feet between mobile homes and accessory structures.
4. Setback of Mobile Homes. There shall be a minimum distance of five (5) feet and an average distance of ten (10) feet between an individual mobile home and an adjoining park street.
F. Street System.
1. Internal access roads shall meet the following requirements:
a. Internal access roads shall be privately owned and constructed, and shall be maintained free of cracks, holes and other hazards;
b. All roads and parking lots shall be adequately lighted at night.
2. Paving Required. All park streets and access roads shall be graded and paved with a crushed rock base and asphaltic concrete blacktop, or concrete surfacing to the requirements of the city engineer’s office.
3. All mobile home park proposals shall be approved by the fire department.
G. Off-Street Parking Facilities.
1. Number. There shall be a minimum of two (2) off-street parking spaces on each mobile home lot. Additional common parking facilities shall be provided at the rate of one (1) additional space for every ten (10) mobile home lots. Additional guest parking facilities shall be provided at the rate of one (1) additional space for each five (5) mobile home lots.
2. Size. Each parking space shall be nine (9) feet by twenty (20) feet.
3. Parking Prohibited. Parking spaces shall not be located within the buffer zone required around the perimeter of the mobile home park. Parking shall be only in designated parking areas within the mobile home park. No common parking space shall be located closer than ten (10) feet to any mobile home lot line.
4. Office Parking Facilities. A minimum of two (2) off-street parking spaces shall be provided for the mobile home park office.
5. Paving Required. All common parking areas shall be paved with a crushed rock base and asphaltic concrete, blacktop, or concrete surfacing. Off-street parking areas on individual mobile home lots shall be provided with an adequate all-weather surface.
6. Width. The minimum paved width of an access road or roads shall be thirty-eight (38) feet for roads with parking on both sides and twenty-four (24) feet for roads with no parking.
H. Walkways.
1. Common Walkways. An adequate safe, convenient, all-season common walkway system shall be provided and maintained. Such walkways shall have a minimum width of four (4) feet.
I. Utilities.
1. Potable water supply, sanitary sewerage and storm drainage systems shall all be provided in accordance with the city’s requirements.
2. Electrical power, telephone and television cables shall be installed underground. Terminals may be installed above ground.
J. Mobile Home Pad. Each mobile home lot shall be provided with a pad of sufficient size to accommodate the mobile home and any attached accessory structures. Each mobile home pad shall be surfaced with a minimum of three (3) inches of washed gravel of uniform size. The mobile home pad shall be graded to obtain adequate surface drainage.
K. Commercial Facilities. Commercial facilities designed to serve residents of the park may be allowed in parks greater than ten (10) acres.
L. Buffer, Ground Cover and Recreation Area.
1. Buffer Required. An adequate landscaped buffer or screen shall be required around the perimeter of the park as specified by the board of adjustment.
2. Ground Cover Required. Lawn or other suitable ground cover shall be required on all areas except those covered by structures, by paved or surfaced areas, and by planting beds. Also excepted are undisturbed areas such as ravines and streams which are preserved in their natural state.
3. Recreation Area Required. Not less than five hundred (500) square feet per mobile home site shall be provided for recreational space; provided, however, that no outdoor recreation area shall contain less than two thousand five hundred (2,500) square feet.
M. Storage.
1. Storage shall be provided. Individual storage space for each mobile home shall be provided by the park management, either at each mobile home lot or in a centralized storage facility located within a reasonable distance from the mobile home lot (generally not more than one hundred (100) feet).
2. Size of Storage Space. The amount of storage space provided for each mobile home unit shall be not less than one hundred forty-four (144) cubic feet of usable space, with a minimum height of six (6) feet.
N. Mobile Home Accessories.
1. Accessories Allowed. Normal accessories for mobile homes shall be allowed and may include an awning, carport, ramada, cabana, deck and storage facility.
2. Permanent Structural Additions. No permanent structural additions other than allowed accessories shall be built onto or become part of any mobile home.
3. Skirting Required. All mobile homes shall be fitted with an approved skirting.
4. Steps Required. All mobile homes shall be equipped with steps or ramps meeting the International Building Code requirements.
O. Signs.
1. Signs and advertising devices shall be prohibited in a mobile home park except:
a. One (1) identifying sign at the entrance of the mobile home park which may be indirectly lighted, but shall be nonflashing, and which shall not exceed thirty-two (32) square feet in area;
b. Directional or informational signs for the convenience of tenants and the public relative to parking, office, traffic movement, etc., provided such signs are not larger than two (2) square feet in area.
2. Maximum Height of Identifying Sign. The maximum height of the identifying sign shall be four (4) feet.
P. Requirements for Approval of Mobile Home Park Permit.
1. Permit Required. It is unlawful for any person to construct, alter or extend any mobile home park within the boundaries of the city of Aberdeen unless he holds a valid conditional use permit which is authorized to be issued by the city council.
2. Application for Permit and Filing of Plans. Application to construct, alter or enlarge any mobile home park shall be filed with the building department of the city of Aberdeen.
3. Refusal to Examine Incomplete Plans. The building inspector shall reserve the right to refuse to examine any incomplete, unintelligible or indefinite plans.
4. Information Required on Plans. An accurate map drawn to a scale of not less than one hundred (100) feet to the inch showing the boundaries of the site, all streets bounding the site; the proposed location and vertical height of any buildings; proposed public dedications, if any; location and design of parking facilities including points of ingress and egress; topographic map with contours at intervals of not more than five (5) feet together with proposed grading, drainage and landscaping; location of private and common open space; furnish plan layout and elevation for all utility systems as covered under Section 16.16.090 and any other information required by the building inspector.
5. Application Fee Required. All applications for a conditional use permit for mobile home parks shall be accompanied by the appropriate fee.
Q. Administration.
1. Interpretation. In interpreting and applying the provisions of this chapter, they shall be held to be minimum requirements adopted for the promotion of the public health, safety and general welfare.
2. Conflict of Ordinances. In any case where a provision of this chapter is found to be in conflict with a provision of any other ordinance, code or regulations, the provision which establishes the higher standard for the promotion and protection of the public health, safety and general welfare shall prevail.
3. Effect of Partial Invalidity. If any section, subsection, paragraph, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this chapter; and to this end the provisions of this chapter are declared to be severable.
4. The city council shall establish by resolution any fees or charges for applications, notices, plan reviews, permits, administrative actions, or appeals authorized under this chapter. Applicants shall pay the appropriate fees or charges in effect at the time a completed application is submitted to the reviewing department. No application shall be reviewed or approved unless the appropriate fees and charges have been paid.
R. Enforcement by Designated Officer. It shall be the duty of the building inspector to administer and enforce all provisions of this chapter.
S. Violations—Penalties.
1. Violation Deemed a Misdemeanor. Any violation of the provisions of this chapter or amendments thereto is made a misdemeanor.
2. Each Day Constitutes a Separate Offense. Each day such violation continues may be considered a separate offense.
A. Day Care Use Category. A facility providing care, protection and supervision of children or adults on a regular basis away from their primary residence. Care is typically provided to a given individual for fewer than eighteen (18) hours each day, although the facility may be open twenty-four (24) hours each day. Day care includes the following uses:
1. Mini day care.
2. Commercial day care.
B. Definition. An establishment for group care of nonresident adults or children. Specifically:
1. Day care includes child day care services, adult day care centers, and all of the following:
a. Adult day care, such as adult day health centers or social day care as defined by the Washington State Department of Social and Health Services.
b. Nursery schools for children under minimum age for education in public schools.
c. Privately conducted kindergartens or pre-kindergartens when not a part of a public or parochial school.
d. Programs covering before- and after-school care for school children.
2. Day care establishments are sub-classified as follows:
a. Mini day care—A maximum of twelve (12) adults or children in any twenty-four (24) hour period, based within a residential dwelling, and as provided for in RCW 35a.63.215.
b. Commercial day care—Over twelve (12) adults or children in any twenty-four (24) hour period or day care as a principal use.
C. Standards.
1. All day care facilities and providers shall meet Washington State child day care licensing requirements and shall register with the Department by completing a day care registration form provided by the Department prior to initiation of the use. Upon registration, the day care provider shall be able to demonstrate compliance with the applicable conditions of the city code.
2. In all residential districts, mini day care facilities shall comply with the following requirements:
a. No structural or decorative alterations are allowed which will alter the residential character of an existing or proposed structure.
b. The portion where the children have access shall be separate from the family living quarters, or that portion where the children have access shall be used exclusively for their care during the hours that the child care center is operating.
c. Signs shall be less than six (6) feet square.
d. A safe passenger loading zone shall be provided. Day care centers shall provide parking as provided in Section 17.65.040.
A. Restaurant/Bar Use Category. A facility that prepares and sells food and drink for on- or off-premises consumption. The restaurant/bar category includes, but is not limited to:
1. Bar, nightclub, tavern, lounge.
2. Eating establishment.
3. Food truck.
4. Taproom or wine bar.
B. Food Truck.
1. Definition. A large, wheeled vehicle from which food is sold that typically contains cooking facilities where the food is prepared.
2. Standards.
a. During business operations food trucks shall be located on private property (not in the public right-of-way) unless by special permit through the city of Aberdeen.
b. Food trucks may not install any seating permanently attached to the ground.
c. Food trucks shall provide adequately sized and located waste collection containers during business operations.
C. Sidewalk Cafe.
1. Definition. Outdoor food service areas associated with eating and drinking establishments on public rights-of-way or other public property.
2. Standards. Sidewalk cafes may be permitted under Chapter 12.42 in mixed-use, commercial, and industrial zones, and as conditional uses in all other districts.
D. Taproom or Wine Bar.
1. Definition. A business that primarily sells beer, wine, or cider to customers for on-premises consumption and does not sell hard liquor.
A. General Service Use Category. Includes a category of uses whose primary activity is the provision of service, rental, and/or repair to boats, vehicles, appliances, tools, electronic equipment, machinery, and other similar products for personal, commercial, or civic use. Specific uses in this category include, but are not limited to:
1. Postal and courier services, post office.
2. Small boat sales, rental, and repair (small boats are less than forty (40) feet long, eight and one-half (8.5) feet wide, and fourteen (14) feet tall).
3. Appliance repair.
4. Equipment rentals.
5. Electronic or equipment service.
6. Vehicle repair.
7. Commercial vehicle repair.
8. Municipal service facility.
9. Public safety facility.
10. Car wash.
11. Heavy service.
B. Heavy Service.
1. Definition. General service uses that have any exterior service activities or feature exterior storage areas that total greater than fifteen thousand (15,000) gross square feet or occupy an area larger than the size of the use’s principal building.
C. Public Safety Facility.
1. Definition. A facility for the provision of fire and rescue, medical, police, and emergency response services by a governmental entity.
A. Medical Use Category. A facility providing medical or surgical care to patients. Some facilities may offer overnight care. This category includes, but is not limited to:
1. Blood plasma donation center.
2. Medical or dental laboratory.
3. Hospital, urgent care, or emergency medical office.
4. Medical office for dentist, chiropractor, osteopath, physician, or other medical practitioner.
5. Medical clinic.
6. Medical day care.
7. Suboxone clinic.
B. Hospital.
1. Definition. A building designed and used for medical and surgical diagnosis, treatment, and housing of persons under the care of doctors and nurses. Rest homes, nursing homes, convalescent homes, and clinics are not included.
A. Office Use Category. Activities conducted in an office setting and generally focusing on business, professional, or financial services. Office includes, but is not limited to:
1. Business services including, but not limited to, advertising, business management consulting, data processing, or collection agency.
2. Professional services including, but not limited to, lawyer, accountant, bookkeeper, engineer, architect, counseling, sales office, or travel agency.
3. Financial services, including but not limited to lender, investment or brokerage house, bank, call center, bail bonds, insurance adjuster, real estate or insurance agent, or mortgage agent.
4. Charitable institution (not providing housing or shelter).
5. City, county, state, or federal government office.
6. Radio, TV or recording studio, or utility office.
7. Trade, vocational, or business school.
A. Overnight Lodging Use Category. Accommodations arranged for short-term stays (less than thirty (30) days). Overnight lodging includes, but is not limited to:
1. Bed and breakfast inns and short-term rentals.
2. Hotels and motels.
B. Bed and Breakfast Inns and Short-Term Rentals.
1. Definition. Rental of buildings or rooms within buildings that are otherwise permitted for household living by guests for no more than thirty (30) consecutive days.
2. No more than four (4) guest rooms are offered for rent.
3. Only resident guests may be served meals.
4. No guest may stay for more than thirty (30) consecutive days.
5. All bed and breakfasts and short-term rentals shall be registered with city in compliance with Chapter 5.06, Residential Rental Business License.
A. Parking Use Category. Facilities that provide parking as a principal use.
B. Principal Use Parking Standards in Residential Zones. In the RL and RH zones parking as a principal use is restricted to public parking supporting a public facility such as a library, park, or trail.
A. Personal Service Use Category. Facilities involved in providing personal services to the general public. Personal service includes the following uses:
1. Beauty/hair salon.
2. Catering establishment.
3. Cleaning establishment, dry-cleaning or laundry drop-off facility, laundromat, washeteria.
4. Copy center.
5. Funeral home, funeral parlor, mortuary, undertaking establishment, crematorium, pet crematorium.
6. Optometrist.
7. Palmist, psychic, medium, fortune telling.
8. Tailor, milliner, upholsterer.
9. Tattoo parlor, body piercing.
10. Wedding chapel.
B. Animal Care.
1. Definition. Any building or land used, designed, or arranged for the care of animals. Includes animal grooming, animal hospital, veterinary clinic, pet clinic, animal boarding, animal shelter, cattery, kennel, and animal day care.
2. Outdoor Runs. Animal care uses that include any outdoor activity or component. Standards:
a. Any structure which houses animals which is not fully enclosed and all animal runs shall be located at least one hundred (100) feet from any lot line and three hundred (300) linear feet from any preexisting principal residential structure located on another lot.
b. All pens and kennels used for housing animals (excluding horses, ponies, and cows) shall be surrounded by a black, dark green, or dark brown vinyl coated chain link fence not less than six (6) feet in height, and enclosed on top, or be located in an enclosed structure.
A. Indoor Recreation Category. Includes:
1. Adult entertainment.
2. Amusement center, game arcade, children’s amusement center.
3. Arena.
4. Billiard hall, pool hall.
5. Bingo parlor.
6. Bowling alley.
7. Convention center or conference center.
8. Dance, martial arts, music studio, classroom.
9. Health club.
10. Shooting range.
11. Sports academy.
12. Miniature golf facility.
13. Movie theater or other indoor theater.
14. Skating rink or roller rink.
15. Swimming pool.
16. Extreme sports facility.
B. Indoor Recreation Use Standards. The permissions for civic uses in Tables 17.41.040 and 17.41.050 are based on size (gross floor area), with thresholds of ten thousand (10,000) and twenty thousand (20,000) square feet. Additional standard:
1. A traffic mitigation plan shall be submitted for approval by the city for facilities with more than ten thousand (10,000) square feet of gross floor area. The plan shall address traffic control, parking management (including the mitigation of overflow parking into adjoining residential areas), and traffic movement to the arterial street system. In addition to on-site parking requirements, parking in excess of the maximum may be permitted on existing off-site satellite parking lots, subject to city approval of a joint use agreement. Off-site parking in residential zones shall be limited to lots shared with existing institutional uses, such as schools.
C. Special Indoor Recreational Use. The following use falls under the “recreation, indoor” use category, but due to its unique attributes comes with its own use permissions and standards. This use is not subject to the net floor area parameters under the use permissions in Table 17.41.050.
1. Adult Entertainment.
a. Definition. Means any adult cabaret or adult entertainment facility as defined under Chapter 5.34.
b. Adult entertainment establishments shall be located at least two thousand (2,000) feet from each of the following:
(1) Schools.
(2) Childcare facilities.
(3) Public parks.
(4) Public libraries.
(5) Previously licensed adult entertainment establishments.
A. Outdoor Recreation Category. Includes:
1. Campground.
2. Marinas and boat moorage.
3. Outdoor shooting range.
4. Recreational vehicle park.
5. Swimming pool.
6. Mini-golf facility.
7. Outdoor movie theater.
B. Campground.
1. Definition. An area to be used for transient occupancy by camping in tents, camp trailers, travel trailers, motor homes, or similar movable or temporary sleeping quarters of any kind.
C. Marinas and Boat Moorage.
1. Definition. A use of land involved in the operation of a marina including structures and activities normally integral to the operation of a marina, such as servicing, fueling, pumping-out, and chartering. Marinas may include accessory retail and equipment storage uses that directly support water-dependent activities per the shoreline master program.
D. Outdoor Shooting Range.
1. Definition. An outdoor facility designed and improved to encompass shooting stations or firing lines, target areas, berms and baffles, and/or other related components.
E. Recreational Vehicle Park.
1. Definition. Land containing two (2) or more campsites which are located, established, or maintained for occupancy by people in recreational vehicles or travel trailers which are used for recreation or vacation purposes.
2. Minimum Standards. Recreational vehicle parks shall meet the minimum standards of the Washington Department of Social and Health Services.
3. Streets and Recreational Vehicle Spaces. The arrangement, type, extent, width, grade, and location of all streets and sidewalks shall be considered in their relation to existing and planned streets, topographical conditions, and public convenience and safety, and in their relation to the proposed uses of the land to be served by such streets. The RV park shall make appropriate provisions for:
a. Open spaces and landscaping.
b. Drainage ways.
c. Streets, alleys, sidewalks and other public ways.
d. Water service.
e. Sanitary waste disposal.
f. Parks and playgrounds.
h. Other utilities.
All recreational vehicle spaces shall be provided with safe and convenient access from abutting streets or roads. Alignment and gradients of roads shall be adapted to topography. Surfaces of roads shall be smooth, hard, dense and well drained.
Exposed or disturbed ground surfaces in all parts of every recreational vehicle space shall be covered with gravel or other material, or protected with a vegetative cover, to minimize erosion.
4. Internal Design.
a. Recreational vehicle spaces shall be arranged to facilitate placement and removal of vehicles from individual spaces.
b. Accessory facilities shall be designed and located for safe and convenient use by occupants of the park and to inhibit use by nonoccupants.
c. Recreational vehicle spaces shall be separated from each other and from other structures to allow at least ten (10) feet separation between parked vehicles and structures.
d. The density shall not exceed twenty (20) recreational vehicle spaces per acre of gross site area.
e. All recreational vehicle spaces should be located at least twenty-five (25) feet from a public street or highway right-of-way and shall be set back ten (10) feet from interior roadways.
f. The director may require that recreational vehicle parks located adjacent to industrial or commercial land uses provide screening such as fences or natural growth along the property boundary lines separating the park from such uses.
g. At least one-twelfth (1/12) of the area of the recreational vehicle park shall be developed for a park, open space, or playground area for use of the RV park occupants. The area shall be located so as to conveniently serve all patrons of the recreational vehicle park. Recreation areas may include space for recreation buildings and common facilities such as a laundry.
5. Water Supply. The city engineer shall require that any water supply system which is installed be designed to provide an adequate accessible water supply for fire protection purposes. The water supply system shall meet standards published by the Insurance Services Office: Guide for Determination of Required Fire-Flow.
6. Sewage Disposal. All sewage disposal systems shall meet the minimum standards of the Washington State Department of Social and Health Services, the Washington State Department of Ecology, and the Grays Harbor County environmental health division. The means for sewage disposal shall be subject to approval by the city engineer.
7. Solid Waste. The recreational vehicle park developer shall assure that provisions for collection and disposal of solid waste are available. The means for solid waste collection and disposal shall be subject to approval by the city engineer.
8. Required Facilities. All recreational vehicle parks having more than eight (8) spaces shall have approved facilities for laundry, showers, and restrooms for users of the park.
9. Retail Sales. No retail sales uses are allowed within the park unless a specific site for such use, intended to primarily serve park users, is approved by the city council as part of the conditional use permit.
10. Ownership. In all cases the entire area of an RV park shall be maintained in single ownership.
A. Retail Sales Category. Retail sales include but are not limited to the following:
1. Facilities involving the sale, lease, or rental of new or used products including but not limited to appliances, art supplies, baked goods, bicycles, books, building supplies, cameras, carpet and floor coverings, crafts, clothing, computers, convenience goods, dry goods, electronic equipment, fabric, flowers, furniture, garden supplies, gifts or novelties, groceries, hardware, home improvement, household products, jewelry, medical supplies, music, musical instruments, office supplies, package shipping, pets, pet supplies, pharmaceuticals, photo finishing, picture frames, plants, printed materials, produce, seafood, souvenirs, sporting goods, stationery, tobacco, used or secondhand goods, vehicle parts and accessories, videos and related products.
2. Art gallery.
3. Auction houses and secondhand sales within a building.
4. Building and industrial material retail sales.
5. Farmers’ markets.
6. Heavy retail.
7. Incidental retail sales.
8. Cannabis retail.
9. Outdoor sales accessory to a permitted use.
10. Gas stations.
11. Shopping malls and shopping centers.
B. Special Retail Sales Uses. The following uses fall under the “retail sales” use category, but due to their unique attributes, come with their own use permissions and standards. These uses are not subject to the net floor area parameters under the retail sales permissions in Table 17.41.050.
1. Farmers’ Market.
a. Definition. A temporary location where one (1) or more vendors gather to sell produce, food goods, and sundries from stalls or booths that are put up and taken down each day.
2. Heavy Retail.
a. Definition. Retail uses with exterior sales and/or storage areas greater than fifteen thousand (15,000) gross square feet or occupying a greater area than the use’s principal building. Examples include truck stops, agricultural supplies, plant and landscape design materials, building materials, and heating fuels.
3. Gas Stations.
a. Definition. A retail use that primarily involves automobile fuels. Gas stations include specialized structures for selling fuel and fuel storage tanks, often underground. These establishments may provide incidental services such as automobile maintenance/repair, car washing, and the sale of food and other convenience items (including drive-through restaurants).
4. Cannabis Retail.
a. Definition. A person licensed by the State Liquor and Cannabis Board to sell cannabis concentrates, useable cannabis, and cannabis-infused products in a retail outlet.
1. Vehicle Sales/Rental Category. This category includes, but is not limited to, direct sales, rental or leasing of passenger vehicles, light and medium trucks, and other consumer motor vehicles such as motorcycles, boats, and recreational vehicles.
A. Heavy Industrial Use Category. Any facility that involves production and/or storage of dangerous, noxious or offensive uses or a facility that has smoke, odor, noise, glare, fumes, gas, vibration, use of fire or explosives, emission of particulate matter, interference with radio, television reception, or radiation. Such uses include, but are not limited to:
1. Petroleum and oil refineries.
2. Chemical manufacturing.
3. Wood products manufacturing.
4. Food and beverage manufacturing.
5. Primary metal manufacturing.
6. Fabricated metal products and machinery.
7. Machinery manufacturing.
8. Transportation equipment manufacturing.
A. Light Industrial Use Category. Manufacturing, assembly, repair or servicing of industrial, business, or consumer machinery, equipment, products, or by-products mainly by providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off site. The light industrial category includes, but is not limited to, the following uses:
1. Bottling.
2. Brewery (produce fifteen thousand (15,000) or more U.S. beer barrels annually).
3. Bus or rail transit vehicle maintenance or storage facility.
4. Contractors storage, including janitorial and building maintenance service, exterminator, or other maintenance yard or facility, building, heating, plumbing, landscaping or electrical contractor and others who perform services off site, but store equipment and materials or perform fabrication or similar work on site.
5. Food and beverage products except animal slaughter, stockyards.
6. Seafood processing.
7. Laundry, dry-cleaning, and carpet cleaning plants.
8. Leather and leather products except tanning and finishing.
9. Sheet metal, welding, machine, tool repair shop or studio.
10. Stone, clay, glass, and concrete products.
11. Woodworking, including cabinet makers and furniture manufacturing.
B. Cannabis Processors.
1. The production, processing and retailing of cannabis is and remains illegal under federal law. Nothing herein or as provided elsewhere in the ordinances of the city of Aberdeen is an authorization to circumvent federal law or provide permission to any person or entity to violate federal law. Only state-licensed cannabis producers, cannabis processors, and cannabis retailers may locate in the city of Aberdeen and then only pursuant to a license issued by the state of Washington. The purpose of these provisions is solely to acknowledge the enactment by Washington voters of Initiative 502 and a state licensing procedure and to permit to, but only to, the extent required by state law cannabis producers, cannabis processors, and cannabis retailers to operate in designated zones of the city.
2. Cannabis processors may locate only at designated sites licensed by the state of Washington and fully conforming to state law.
3. In addition to any other applicable remedy and/or penalty, any violation of this section is declared to be a public nuisance per se, and may be abated by the city attorney under the applicable provisions of this code or state law, including but not limited to the provisions of Chapters 1.12, 8.08, and 17.10.
A. Light Manufacturing Use Category. A facility conducting light manufacturing operations within a fully enclosed building. The light manufacturing category includes, but is not limited to, the following uses:
1. Clothing, textile apparel manufacturing.
2. Facilities engaged in the assembly, design, repair or testing of: analyzing or scientific measuring instruments; semiconductor and related solid state devices, including but not limited to clocks, integrated microcircuits; jewelry, medical, musical instruments, photographic or optical instruments; and timing instruments.
3. Printing, publishing, and lithography.
4. Production of artwork and toys, graphic design sign-making, movie production facility, photo-finishing laboratory.
5. Repair of scientific or professional instruments and electric motors.
B. Artisan Manufacturing.
1. Definition. Production of goods by the use of hand tools or small-scale, light mechanical equipment occurring within a fully enclosed building where such production requires no outdoor operations or storage, and where the production, operations, and storage of materials related to production occupy no more than three thousand five hundred (3,500) square feet of net floor area. Typical uses have negligible negative impact on surrounding properties and include woodworking and cabinet shops, ceramic studios, jewelry manufacturing and similar types of arts and crafts, production of alcohol, or food processing.
A. Laboratories and Research Facilities Use Category. A facility focused primarily on the research and development of new products. This includes, but is not limited to, the following uses:
1. Laboratories, offices and other facilities used for research and development by or for any individual or organization whether public or private.
2. Prototype production facilities that manufacture a limited amount of a product in order to fully investigate the merits of such a product.
3. Pilot plants used to test manufacturing processes planned for use in production elsewhere.
B. Research and Development Use Standards. Such uses in the C, DT-MU, and WF zones shall occur within a fully enclosed building.
A. Self-Service Storage Category. Facilities providing separate storage areas for personal or business use designed to allow private access by the tenant for storing or removing personal property. The self-service storage category includes, but is not limited to, the following uses:
1. Warehouse, self-service.
2. Fully enclosed indoor multi-story storage.
3. Mini-warehouse.
B. Self-Service Storage Standards. Uses in the C zone are limited to fully enclosed indoor facilities (all storage units are only accessible from indoors).
A. Warehouse and Distribution Category. Facilities involved in the storage or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer with little on-site sales activity to customers. The warehouse and distribution category includes, but is not limited to, the following uses:
1. Bulk storage, including nonflammable liquids, cold storage plants, including frozen food lockers, household moving and general freight storage, separate warehouse used by retail store such as furniture or appliance store.
2. Distribution facility, central postal facility.
3. Parcel services.
4. Transfer and storage business where there are no individual storage areas or where employees are the primary movers of the goods to be stored or transferred.
5. Trailer storage, drop-off lot.
6. Truck or motor freight terminal, service facility.
A. Waste-Related Service Category. Characterized by uses that receive solid or liquid wastes from others for transfer to another location and uses that collect sanitary wastes or that manufacture or produce goods or energy from the composting of organic material. The waste-related service category includes, but is not limited to, the following uses:
1. Uses that receive solid or liquid wastes from others for transfer to another location, uses that collect sanitary wastes, or uses that manufacture or produce goods or energy from the composting of organic material.
2. Animal waste processing.
3. Landfill.
4. Manufacture and production of goods from composting organic material.
5. Outdoor storage of recyclable material.
6. Scrap materials (indoor storage).
7. Solid or liquid waste transfer station, waste incineration.
A. Water-Oriented Industrial Use Category. Industrial type uses that are either water-dependent, water-related, or water-enjoyment use, or any combination thereof. The water-oriented industrial use category includes, but is not limited to:
1. Ship and boat building and repair.
2. Dry stack boat storage.
3. Maritime administration.
4. Piers and wharfs.
5. Shipping terminals.
6. Boat launch facilities.
7. Commercial fuel services.
B. Boat Launch Facilities.
1. Definition. Boat launch facilities are slabs, pads, planks, rails, cranes, or graded slopes used for launching boats by means of a trailer, hand, or mechanical device.
A. Wholesale Trade Category.
1. Facilities involved in the sale, lease, or rent of products to industrial, institutional, or commercial businesses only. The use emphasizes on-site sales or order-taking and often includes display areas. Businesses may or may not be open to the general public, but sales to the general public are not permitted. Products may be picked up on site or delivered to the customer.
The wholesale trade category includes, but is not limited to, the following uses:
a. Sale or rental of machinery, equipment, heavy equipment, building materials, special trade tools, welding supplies, machine parts, electrical supplies, plumbing supplies, janitorial supplies, restaurant equipment, and store fixtures.
b. Wholesale sales of food, clothing, auto parts, building hardware, and similar products.
c. Battery distribution and processing business.
2. Wholesale trade uses in the F-R zone:
a. Business hours are restricted to 7:00 a.m. to 10:00 p.m.
b. Wholesale trade use may not exceed noise restrictions established in WAC 173-60-040 for Class A areas.
B. Battery Distribution and Processing Business.
1. Definition. A retail or wholesale business engaged in any one (1) or more of the following activities: importation of prepared batteries from either a foreign or domestic source; repackaging, relabeling, or other cosmetic alteration of batteries; shipping, reselling, or otherwise distributing batteries to retail or wholesale customers; minor additions of fluids to batteries to restore their electrical properties; storage of batteries incidental to on-site retail or wholesale operations, related office activities.
A. Uses in the agriculture category include:
1. The raising and harvesting of trees, vines, seeds, plants and crops, as well as the keeping, grazing or feeding of animals (including fish) for animal products, animal propagation, or value increase principally for the purpose of sale to others. The agriculture category includes, but is not limited to:
a. Animal husbandry including, but not limited to, horses, hogs, cows, sheep, goats, swine, poultry, rabbits and other small animals, apiculture, aquaculture, dairying, personal or commercial animal breeding and development.
b. Crop production, soil preparation, agricultural services, large animal and veterinary services, farm labor and management services, research farm.
c. Floriculture, horticulture, pasturage, row and field crops, viticulture, tree or sod farm, silviculture, sale of agriculture products.
d. Fish hatcheries, fish farm.
e. Forestry, timber tracts, forest nursery, gathering of forest products.
f. Grain, fruit, field crop and vegetable cultivation and storage.
g. Livestock, horse, dairy, poultry and egg products.
h. Plant nursery.
i. Restricted agriculture.
B. Animal Husbandry.
1. Definition. The keeping of any domestic animals other than customary household pets.
2. Standards.
a. Horses, ponies, mules, cows and other large mammals.
(1) At least twenty thousand (20,000) square feet of pasture space shall be provided per animal.
(2) No structure providing shelter or care for such animals located within fifty (50) feet of any off-premises dwelling.
b. Sheep, goats and similar animals.
(1) At least ten thousand (10,000) square feet of pasture space shall be provided per animal.
(2) No structure providing shelter or care for such animals located within thirty (30) feet of any off-premises dwelling.
c. Gnawing mammals such as rabbits, chinchillas and nutria; and fowl such as chickens, ducks and geese.
(1) The penned animals are kept in the rear yard at least ten (10) feet from a residence; and
(2) The pens are located no closer than twenty-five (25) feet to any other residence.
(3) All animal pens shall be kept in a clean and tidy condition. There shall be no smells or odors coming from any of the pens.
(4) Roosters are not allowed.
d. Animal husbandry in residential zones shall comply with the above standards and have a residence located on site. Animal husbandry activities in residential zones shall not take place between the hours of 10:00 p.m. and 6:00 a.m.
C. Aquaculture.
1. Definition. The breeding, hatching, or raising of fish or other aquatic plants or animals for sale.
D. Community Garden.
1. Definition. A private or public facility for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one (1) person or family.
2. Sales of produce grown in the garden shall be allowed no more than once per week.
E. Cannabis Producers.
1. Definition. “Cannabis producer” means a person licensed by the state Liquor and Cannabis Board to produce and sell cannabis at wholesale to cannabis processors and other cannabis producers.
2. Standards.
a. Cannabis producers may be located only at designated sites licensed by the state of Washington and fully conforming to state law.
b. Nuisances.
(1) No odor or smoke may be emitted that is detectable at or beyond the walls of the facility, in such a concentration or of such duration as to cause a public nuisance, or threaten health or safety, or to infringe upon the enjoyment of a neighboring use.
(2) The applicant shall install an exhaust system that is designed and constructed to capture sources and contaminants to prevent spreading of contaminants or odors to other occupied parts of the building or surrounding area. The system shall be designed by a licensed Washington State professional engineer.
F. Nursery.
1. Definition. Land, building, structure, or combination thereof, for the storage, cultivation, or transplanting of live trees, shrubs, or plants, offered for sale on or off the premises, including products used for gardening or landscaping.
A. Uses in the civic category include:
1. Places of public assembly that provide ongoing public, educational and cultural services to the general public, as well as meeting areas for religious practice. Civic includes the following uses:
a. Cemetery.
b. College, community college, and university.
c. Community/recreation center.
d. Civic club.
e. Library.
f. Museum.
g. Religious institution.
h. School, public or private (K-12).
2. Note: This category does not include:
a. Government offices, which falls under office use.
b. Trade, vocational, or business school, which falls under office use.
c. Public safety facilities, which falls under general service use.
d. Municipal service facilities, which falls under general service use.
B. Civic Use Standards. The permissions for civic uses in Tables 17.41.040 and 17.41.050 are based on size (gross floor area), with thresholds of ten thousand (10,000) and twenty thousand (20,000) square feet. Additional standards:
1. A traffic mitigation plan shall be submitted for approval by the city for facilities with more than ten thousand (10,000) square feet of gross floor area. The plan shall address traffic control, parking management (including the mitigation of overflow parking into adjoining residential areas), and traffic movement to the arterial street system. In addition to on-site parking requirements, parking in excess of the maximum may be permitted on existing off-site satellite parking lots, subject to city approval of a joint use agreement. Off-site parking in residential zones shall be limited to lots shared with existing institutional uses, such as schools.
2. The storage of buses or vans over ten thousand (10,000) pounds gross weight is permitted on site only if following conditions are met:
a. The location of the parking areas for these vehicles is indicated on the site plan at the time of application.
b. Vehicles shall be leased or owned by the owner or tenant of the site, shall be in operable condition, and shall have a current vehicle registration.
c. Vehicles shall not intrude into public right-of-way or obstruct sight visibility from any driveway.
C. Special Civic Uses. The following uses fall under the “civic use” category, but due to their unique attributes, come with their own use permissions and standards unless otherwise noted. These uses are not subject to the gross floor area parameters under the civic use permissions in Tables 17.41.040 through 17.41.060.
1. Cemetery/Columbarium.
a. Definition. A facility used for the permanent interment of humans or animals or their cremated remains. Includes mausoleum, columbarium, memorial, and pet cemetery.
2. College, Community College, or University.
a. Definition. A private or public educational institution where students attend to earn associate’s, baccalaureate, master’s or doctoral degrees. A college/university may not be considered a trade or vocational school (see office use category, Section 17.44.050).
b. Any school that has greater than one hundred (100) students shall have access onto a collector or arterial street.
3. Community Center.
a. Definition. A building or other enclosed structure open to the general public that is owned and operated by a public agency, or a nonprofit organization, and that is used predominantly for cultural, educational, recreational, or social purposes. Not included in the category of community center are those businesses and occupations defined by this title as a medical use, personal service, general service, office, religious institution, school, private club or fraternal organization.
4. Museums.
a. Definition. A room or building for exhibiting, or an institution in charge of, a collection of books, or artistic, historical, or scientific objects.
5. School, Public or Private (K-12).
a. Definition. An institution of learning for minors, whether public or private, offering regular course of instruction required by the Washington Education Code. This definition includes an elementary school, middle or junior high school, or high school. If said school is located on the grounds of a church or house of worship, it shall be considered a separate principal use if it has a student body in excess of fifty (50) students. Students enrolled in a day care center at the church may not be separately counted as a school.
b. Use Standards.
(1) Any school that has greater than one hundred (100) students shall have access onto a collector or arterial street.
(2) Pedestrian connectivity to the surrounding residential areas is required, where feasible. This includes pathways connecting to surrounding streets.
(3) Accessory day cares associated with any school shall occupy no more than fifty (50) percent of the school structure(s).
A. Parks, Open Space, and Natural Areas Category. Uses focusing on natural areas consisting mostly of passive or active outdoor recreation areas and having few structures. The parks, open space and natural area category includes, but is not limited to, the following uses:
1. Botanical garden, nature preserve, community forest lands, recreational trails.
2. Game preserve, wildlife management area, refuge.
3. Park, including recreation field.
4. Reservoir, control structure, water supply, water well.
5. Plazas.
B. Parks and Plazas.
1. Definitions.
a. “Park” means land owned by the city or other public entity and open to public use for purposes of pleasure, relaxation, exercise and amusement.
b. “Plaza” means a publicly accessible open space usually surrounded by buildings and/or streets where people can gather. Plazas typically include walking surfaces, seating areas and some landscaped elements.
A. Utilities, Major. Large and/or regional public or private utility generation or treatment facilities and possibly having on-site personnel. This category includes, but is not limited to:
1. Water treatment plant.
2. Sanitary sewer and/or stormwater treatment plant.
B. Utilities, Minor. Small and/or local public or private utility distribution facilities and infrastructure with no on-site personnel. This category includes, but is not limited to:
1. On-site stormwater retention, detention, or infiltration facility.
2. Neighborhood-serving telecommunications, gas, or electric facility.
3. Water and sanitary sewer pump station or lift station.
4. Electrical substation.
5. Utility service.
C. Sustainable Energy Generation System.
1. Definition. A system that generates electricity from renewable resources such as solar energy, wind power, tidal power, and geothermal energy.
2. Standards.
a. Principal and Accessory Use Classification. The sustainable energy generation system is a principal use when it generates or has the potential to generate more electricity than needed for buildings and facilities on the site it is located and sends or has the potential to send excess electricity off site.
Systems that only generate electricity for on-site use are accessory (see Sections 17.47.010 and 17.47.020 for accessory use and structure standards), unless the director determines the system is a principal use based on system characteristics such as size, design, or off-site impacts.
Exception. Solar energy systems attached to a rooftop and which send excess electricity off site may be considered an accessory use.
b. Location on Buildings. Sustainable energy generation systems may be located on building exteriors provided they comply with setback and building height standards for the zone.
c. Nuisances. Uses, processes, equipment employed, and materials stored shall not inflict upon neighboring properties fumes, noise, vibrations, odor, refuse matter, water-carried waste, or other nuisances or hazards detrimental to the health, welfare, and safety of persons occupying or visiting the zone or adjacent zones above that which is allowed by local, state, and federal standards.
D. Industrial-Scale Battery Energy Storage System.
1. Definition. “Battery energy storage systems” or “BESS” means a facility consisting of any combination of electrochemical storage batteries, battery chargers, controls, power conditioning systems and/or associated electrical equipment, including transmission lines, whether assembled together or separately, capable of storing at least two hundred (200) megawatt hours of electrical energy in order to supply energy at a future time to the electrical grid of a public utility provider(s).
2. Standards.
a. BESS are prohibited within one thousand (1,000) feet of lots zoned RL, RH, and F-R zones.
b. Landscape buffering must meet the standards of heavy industry in Table 19.64.060(A).
c. Outdoor lighting must comply with Section 17.62.070.
d. The facility shall not create odor, noise, or vibrations that are readily detectable by the human senses beyond the boundaries of the site.
e. Building and equipment surfaces shall have cladding or coating that provides a durable and non-glare surface, such as galvanized metal or powder-coated paint.
f. An emergency management plan shall be developed for each facility in coordination with the Aberdeen fire department.
A. Accessory uses and structures are permitted in conjunction with allowed principal uses. Allowed accessory uses and structures include those listed in this chapter and additional accessory uses and structures that, as interpreted by the director, meet the following:
1. Are clearly incidental to and customarily found in connection with an allowed principal building or use.
2. Are subordinate to and serving an allowed principal building or use.
3. Are subordinate in area, extent, and purpose to the principal building or use served.
4. Contribute to the comfort, convenience or needs of occupants, business or industry in the principal building or use served.
5. Are located on the same lot as the principal building or use served.
B. No accessory use or structure may be established on a lot prior to the establishment of a permitted principal use.
C. Detached accessory structures shall comply with all yard and lot coverage requirements for the zone in which they are located provided:
1. No accessory structure shall be located in a clear vision triangle.
2. No detached accessory structure shall be larger than nine hundred (900) square feet or fifty (50) percent of the living area of the primary residence, whichever is greater, to a maximum of one thousand two hundred (1,200) square feet.
3. No standard of this section shall be construed to permit maximum lot coverage standards to be exceeded.
A. Definition. An additional dwelling unit that shares a lot with a household living use.
B. Purpose. The purpose of an accessory dwelling unit is to:
1. Add affordable units to existing housing and make housing units available to moderate-income people who might otherwise have difficulty finding homes within the city.
2. Promote the development of additional housing options in residential neighborhoods that are appropriate for people at a variety of stages of their lives.
3. Provide homeowners with a means of obtaining, through tenants in either the accessory dwelling unit or the principal residence, rental income, companionship, or security.
4. Protect neighborhood stability, property values, and the character of the neighborhood.
C. Standards and Criteria.
1. When and Where Permitted. An ADU may be established in any zone on a lot with a single-family house, duplex, or triplex. An ADU may be created by any one (1) or combination of the following methods:
a. Alteration of interior space of an existing residence.
b. Conversion of an attic, basement, attached or detached garage, or other portion of a residence.
c. Addition of a living area enclosed within the principal building.
d. Construction of a detached living area.
e. Associated with the construction of a new single-family dwelling (where permitted).
2. One (1) off-street parking space is required in addition to the off-street parking spaces required for the primary residence. Parking shall be provided in the rear of the lot or on a driveway.
3. Number. Each residential building may have only one (1) ADU.
4. Maximum Size. The ADU may not exceed eight hundred (800) square feet habitable area of the primary residence, whichever is smaller. If the ADU is located on a single floor and there is no increase in the size of the primary residence, the community development director may allow an increase in the permitted size to efficiently use the floor area.
5. Habitable Area. Habitable area shall be the sum of the following areas within one (1) accessory dwelling unit:
a. Living room, bedroom, dining room, family room and similar living areas with a ceiling height of a least seven (7) feet six (6) inches.
b. Kitchen, hallway, bathroom with a ceiling height of at least seven (7) feet.
c. In rooms with sloping ceiling, at least one-half (0.5) of the room area need meet the ceiling height prescribed above, except that no area with a ceiling height of less than five (5) feet shall be considered habitable area.
A. Purpose. The purpose of a home occupation is to allow certain activities to be undertaken for gain or profit within a dwelling, or a building accessory to a dwelling, in any zone in which dwellings are present, while maintaining the residential character of the property and avoiding detrimental effects to the surrounding neighborhood.
B. Applicability. This section applies to all home occupations except a home office or home telephone or internet sales, or similar use, with no customer or employee visits to the site.
C. Home occupations shall be an outright permitted use in all zoning districts and shall meet the following minimum requirements as a condition of approval:
1. No person other than residents of the dwelling unit is engaged or employed in the home occupation, and the number of residents employed in the home occupation shall not exceed two (2) individuals.
2. No more than one (1) building-mounted sign up to six (6) feet square is displayed which would be visible from outside the dwelling unit.
3. No toxic, explosive, flammable, combustible, corrosive, medical waste, radioactive, or other restricted materials are used or stored on the site.
4. No outside operations, storage or display of materials or products.
5. There may be no exterior indication of the occupation, including no outdoor storage related to the occupation, nor exterior modification of the building(s) to accommodate the occupation.
6. The total area utilized for home occupations on a premises shall not exceed twenty-five (25) percent of the total floor area of a residence.
7. If the occupation requires that customers or clients visit the premises, adequate off-street parking shall be a condition of the permit, and traffic generated by the business may not exceed that which might reasonably be generated by residential use of the premises.
8. A home occupation permit may not be transferred to another person.
9. All regular business license requirements shall be met.
10. There will be no sales on the premises and no commercial truck deliveries in connection with the home occupation. Parcel delivery services may deliver parcels to the home occupation.
11. No newspaper, radio or television service shall be used to advertise the location of home occupation to the general public.
12. No more than one (1) home occupation shall be permitted within any single residence or accessory structure.
13. No equipment or process shall be used in a home occupation which creates noises, vibration, glare, fumes or odor detectable to the normal senses beyond the boundaries of the property.
14. No repair of small engines or motor vehicles is permitted.
D. Enforcement Procedures.
1. Any aggrieved person believing that a violation or violations of this chapter is occurring, and who desires that action be taken by the city, shall notify the department in writing of such alleged violations. The department shall complete an investigation of the allegation(s) to determine the merits thereof.
2. If the department determines that no violation as alleged or otherwise is occurring, then notification of that decision in writing shall be given to the complaining person.
3. If the department determines that a violation is occurring or has occurred, then notification of that decision and a time for compliance shall be sent to both the violator and complaining person. The notification shall also state what action, if any, will be taken if compliance is not timely effected. If compliance is not met by the violator within the time frame provided, the department may revoke the home occupation permit.
A. Purpose. The purpose of this section is to define means by which temporary uses of property may be allowed, so long as those uses are compatible with, or have limited impact on, neighboring properties and the public at large.
B. Temporary Uses. No temporary use of property shall be allowed unless a temporary use permit is approved by the city as prescribed by this section. Each separately proposed activity or use shall require a separate permit and pay the applicable fee.
C. General Standards. Temporary uses are subject to the following regulations:
1. Temporary uses not listed in subsection (D)(1) of this section may be authorized by the community development department director, provided such temporary uses are similar to and no more intensive than other temporary uses permitted in the district in which the subject property is located.
2. The community development department director may apply additional conditions to any temporary use permit in order to:
a. Ensure compliance with this chapter;
b. Ensure that such use is not detrimental to neighboring properties and the community as a whole; and
c. Ensure compliance with the building code.
d. Procedures to define and implement this process in accordance with state and federal law will be periodically updated by the community development department.
3. Within three (3) days after termination of the temporary use permit, such use shall be abated and all structures, signs and evidence of such use removed. The community development department director may require that a financial surety be posted by the applicant upon application to defray the costs of cleanup and repair of the property should the permittee fail to do so. The property owner is responsible for such abatement action and costs should the permittee fail to properly clean and repair the property.
4. Temporary use permits not exercised within thirty (30) days of issuance shall be null and void.
5. Unless otherwise stated in the application and through city council approval, temporary use permits are valid from the date of issuance for ninety (90) consecutive days per calendar year.
6. Unless otherwise stated in this section no more than two (2) temporary use permits will be issued for any location per calendar year.
7. Nothing in this section shall exempt the applicant from obtaining all necessary applicable permits from all other agencies having jurisdiction.
8. Unless otherwise stated in the application and through city council approval, the hours of operation, including the use of generators and lot lighting, excluding security lighting, shall be limited to 7:00 a.m. to 10:00 p.m. Security lighting shall be shielded to prevent light spillage onto adjacent properties.
D. Specific Temporary Use Standards. The following temporary uses are permitted in commercial districts, subject to the following regulations:
1. Events to include: carnivals, circuses, amusement rides, revival tents or any temporary amusement, entertainment, public assembly or activity, limited to operation of not more than twice each year and not more than ten (10) consecutive days per event site in any one (1) calendar year, can be permitted after obtaining a temporary use permit from the Aberdeen city council. The city council may require such conditions as are necessary to ensure compliance with the following criteria:
a. There will be no interference with the activities of nearby residents or businesses;
b. Traffic circulation will not be unnecessarily impeded and there will be provisions for adequate parking and means of ingress and egress;
c. Sound or lighting will not be a nuisance to neighboring residents or businesses;
d. There will be adequate provisions for water supply and sanitary facilities;
e. Police and fire chief have approved the activity.
2. Off-site contractor’s offices (including trailers and mobile homes) and storage yards associated with an active construction project, not to exceed one (1) year in duration.
3. Mobile Vendors.
a. Temporary use permits for mobile vendors are valid for one (1) year from the date of issuance.
b. Approval from the property owner, or underlying property owner if located in a right-of-way, is required.
c. Mobile vendors located within the sidewalk/parking right-of-way shall comply with the following rules:
(1) Only two (2) mobile vendors shall be permitted per block face.
(2) Public sidewalks used by mobile vendors shall have a minimum width of eight (8) feet.
(3) In no instance shall the clear walking area around a sidewalk vendor be less than forty-eight (48) inches.
(4) The maximum length of space occupied by a mobile vendor and equipment is twelve (12) feet.
(5) Mobile vendor stands shall be readily movable at all times.
(6) Mobile vendors shall locate their stands at the portion of the sidewalk away from the curb.
(7) All locations shall be approved on a first-come, first-served basis.
d. Parking lot and other outdoor sales of merchandise and/or services unrelated to the primary use of the property shall comply with the following:
(1) Merchandise displays may only occupy parking stalls which are in excess of city parking requirements.
(2) There shall be no obstruction of emergency exits, fire lanes or other emergency apparatus.
(3) Sales areas shall be maintained in an attractive and trash-free manner.
(4) Sales areas shall not substantially alter the existing circulation pattern of the site.
e. Temporary commercial wireless communications facilities, for the purposes of providing coverage of a special event such as news coverage or sporting event. Such facilities shall comply with all federal and state requirements.
4. Violations. At any time a temporary use is operated in violation of required conditions of this section or of the permit or otherwise found to constitute a nuisance, the city may take appropriate enforcement action including the process set forth at Section 17.10.110.
The purpose of this chapter is:
A. To permit nonconforming uses or structures to continue until they are removed, but not to encourage their survival, except as expressly provided in this chapter.
B. That nonconforming uses or structures may not be used as grounds for adding other structures or uses prohibited elsewhere in the same zone.
C. That nonconforming uses or structures not be allowed to expand, be altered, or reconstructed except as otherwise outlined in this chapter.
A. Any lot, building, structure, or use of land, legally permitted or established, must be permitted to continue consistent with this chapter. A change in occupancy or ownership does not affect the right to continue such use, building, or structure.
B. Any use for which a conditional use permit has been obtained is not a nonconforming use so long as the requirements of the conditional use permit are met.
A. Nonconforming Uses.
1. A building containing a nonconforming use may be maintained, repaired, or brought up to more current structural and safety standards.
2. No nonconforming use may be permitted to be enlarged, altered, or expanded. This includes structural alterations not required by law and any enlargement that changes parking requirements.
Exception. A nonconforming use may be extended throughout any part of the building which was designed for the use prior to the adoption date of this chapter.
B. No nonconforming use may be allowed to be reestablished after abandonment. Thereafter, the use of the building, structure or site must be in conformity with the regulations for the zone in which it is located.
C. A nonconforming use may not hereafter be changed to any other nonconforming use, regardless of the conforming or nonconforming status of the building in which it is housed.
A. Routine maintenance, cosmetic changes (such as new siding, windows, or roofing), changes to improve energy efficiency, changes to a structure to address unsafe conditions, or upgrading inadequate utilities must not be considered alterations.
B. When a nonconforming building or structure is damaged by fire, natural disaster, or other calamity, and structural repairs needed to maintain a building or structure in a safe structural condition, the building or structure may be restored or replaced provided:
1. A complete application for reconstruction or replacement is submitted within one (1) year of the damage.
2. That the restoration or replacement must be made to conform to the regulations of the zone in which the building or structure is located, or if such regulations cannot physically be met without reducing the size of the building, the restoration may not extend any nonconformity that existed prior to the damage.
C. Additions to nonconforming structures that meet all applicable zoning dimensional standards will not be considered an enlargement under this section.
A. For the purposes of this section, abandonment will mean:
1. An intention to abandon; and
2. An overt act, which carries the implication that the owner does not claim or retain any interest in the right to the nonconforming use.
B. Conformance After Abandonment. If any nonconforming use of land, building, or structure ceases for any reason whatsoever for a period of one (1) year or more, any future use of such land, building or structure must thereafter be in conformity in the zone in which it is located. The mere presence of a structure, equipment, or material will not be deemed to constitute a continuance of a nonconforming use unless the structure, equipment, or material is actually being occupied or employed in maintaining such use.
C. Procedure for Verifying Abandonment. When the department obtains information indicating that a nonconforming use, building or structure has or may have been abandoned, the department must send a letter by certified mail return receipt requested to the property owner requesting confirmation of either abandonment or nonabandonment. Documentation that the nonconforming use, structure, or building has been occupied, used, or maintained within the last year will be required. After notification, if the owner fails to respond to the request within sixty (60) days, the building, structure, or use will be deemed abandoned. If the owner replies that the building, structure, or use is not abandoned, the director may initiate a Type 1 review (as set forth in Section 17.20.030) to determine if the abandonment has occurred.
Zoning and Land Uses
Table 17.41.040 provides the list of permitted principal uses in residential zones. See Section 17.41.030 for keys to the letters and symbols in the table.
The density maximum is specified for relevant zones in Table 17.42.020(C). Density is measured in terms of dwelling units per gross acre. See Section 17.31.100 for cluster subdivision standards.
A. Declaration of Purpose.
1. Purpose of Section. Regulations to insure a suitable living environment for owners of mobile homes are adopted and established as necessary for the general health, safety, welfare and convenience of the inhabitants of the city of Aberdeen.
2. Name of Section. This section shall be known and may be cited as “the Mobile Home Park Ordinance.”
The development of commercial uses listed below may also be subject to the standards in Division V of this title, Community Design, and Division VI of this title, Project Design.
A. Medical Use Category. A facility providing medical or surgical care to patients. Some facilities may offer overnight care. This category includes, but is not limited to:
1. Blood plasma donation center.
The development of industrial uses listed below may also be subject to the standards in Division V of this title, Community Design, and Division VI of this title, Project Design.
A. Laboratories and Research Facilities Use Category. A facility focused primarily on the research and development of new products. This includes, but is not limited to, the following uses:
1. Laboratories, offices and other facilities used for research and development by or for any individual or organization whether public or private.
The development of public, institutional, and open space uses listed below may also be subject to the standards in Division V of this title, Community Design, and Division VI of this title, Project Design.
A. Utilities, Major. Large and/or regional public or private utility generation or treatment facilities and possibly having on-site personnel. This category includes, but is not limited to:
1. Water treatment plant.
A. Routine maintenance, cosmetic changes (such as new siding, windows, or roofing), changes to improve energy efficiency, changes to a structure to address unsafe conditions, or upgrading inadequate utilities must not be considered alterations.
B. When a nonconforming building or structure is damaged by fire, natural disaster, or other calamity, and structural repairs needed to maintain a building or structure in a safe structural condition, the building or structure may be restored or replaced provided:
A. Purpose. The city is divided into zones to assist in orderly community development, conserve the value of property, and safeguard the public welfare by:
1. Implementing the Aberdeen comprehensive plan policies through land use regulations.
2. Providing for adequate public facilities and services in conjunction with development.
3. Providing an efficient and compatible relationship of land uses and zones.
4. Providing for a transportation system that offers greater options, mobility, safety, and access in support of the city’s growth strategy.
5. Conserving the city’s natural resources and attractions.
B. Establishment of the Official Zoning Map.
1. The location and boundaries of zones established by this title are shown and maintained as part of the city’s geographic information system (GIS) under the direction of the director. The zoning GIS layer constitutes the city of Aberdeen’s official zoning map and is part of this title. All notations, references, and other information shown shall have the same force and effect as if fully described in this title.
2. At the direction of city council, the director is authorized to revise the official zoning map. No unauthorized person may alter or modify the official zoning map. The revision may be made only after following the applicable process for a site-specific rezone or zone boundary determination (see Table 17.20.030).
3. The department shall maintain digital or printed copies of the official zoning map and maintain records of superseded official maps.
C. Zoning Map Interpretation. When uncertainty exists as to boundaries of any land use zone shown on the official zoning map, the following rules apply:
1. Where a boundary is indicated as approximately following the center line of streets, alleys, railroads, or highways, the actual center line shall be construed to be the boundary.
2. Where a zone boundary is indicated as approximately following the lot or tract lines and the map is scaled at not more than twenty (20) feet from the lot or tract lines, the actual lot or tract lines shall be construed to be the boundaries of such zone.
3. Where a zone boundary divides a lot or tract, the boundary shall be determined by map scaling unless the actual dimensions are shown on the map.
4. Where boundaries are indicated as following lines of ordinary high water, government or meander line, the lines shall be considered to be the actual boundaries, and if they should change the boundaries shall be considered to move with them.
5. Where a public right-of-way is vacated, the vacated area shall have the zone classification of the adjoining property that it merges with.
6. Zone Boundary Determination. In case uncertainty exists which cannot be determined by application of the foregoing rules, a zoning boundary determination shall be made as established in Table 17.20.030. The decision shall be guided by the standards in subsections (C)(1) through (C)(5) of this section, the purpose and language of the Aberdeen comprehensive plan, and the purpose statement of the zones where boundaries are in question.
A. Establishment of Zones. In order to regulate uses of land, buildings and structures in conformance with the policies of the comprehensive land use plan, the city is divided into the residential zones in Section 17.40.030, mixed-use, commercial, and industrial zones in Section 17.40.040, and open space zones in Section 17.40.050.
B. The purpose statements for each zone and map designation in the following sections shall be used to guide the application of the zones and designations to all lands in the city. The purpose statements also shall guide interpretation and application of land use regulations within the zones and designations, and any changes to the range of permitted uses within each zone through amendments to this title.
Table 17.40.020. List of Zones
Zone Name | Abbreviation | Comprehensive Plan Designation |
|---|---|---|
RESIDENTIAL ZONES (17.40.030) | ||
Residential Low | RL | Residential Low |
Residential High | RH | Residential High |
Flex Residential | F-R | Flex-Residential |
MIXED-USE, COMMERCIAL, AND INDUSTRIAL ZONES (17.40.040) | ||
Neighborhood Center Mixed-Use | NC-MU | Neighborhood Center Mixed-Use |
Downtown Mixed-Use | DT-MU | Downtown Mixed-Use |
Commercial | C | Commercial |
Waterfront | WF | Waterfront |
Flex Industrial | F-I | Flex Industrial |
Civic | CV | Civic |
OPEN SPACE ZONES (17.40.050) | ||
Open Space—Residential | OS-R | Open Space—Residential |
Open Space—Parks | OS-P | Open Space—Parks |
Open Space—Conservancy | OS-C | Open Space—Conservancy |
A. Residential Low (RL).
1. Purpose. This designation supports lower density residential development further from Aberdeen’s centers. It is intended to continue Aberdeen’s neighborhood pattern and allow for infill development, especially to accommodate residents moving uphill out of higher risk areas and provide the housing stock needed for Aberdeen’s expected population. At the same time, it allows for areas constrained by topography, wetlands, and other critical areas to create a lower intensity transitional area between the city and the surrounding natural areas.
2. Typical housing types should include houses, townhouses, cottage housing, small lot houses, tiny houses, duplexes, small multiplexes, and accessory dwelling units. Small neighborhood-serving commercial spaces (e.g., day cares, cafe, corner store grocery) should be allowed, especially where relatively dense residential areas are separated from neighborhood centers by steep topography.
3. Use of this zone is appropriate for areas designated residential low in the comprehensive plan.
B. Residential High (RH).
1. Purpose. This designation provides for moderate to high density homes on land suitable for urban development. These areas are conveniently located near downtown or neighborhood centers, transportation opportunities, parks, and civic/institutional facilities, while avoiding areas impacted by air quality, noise, critical areas, flooding, or other risks.
2. Typical housing types should include a mixture of multifamily and single-family homes. Small neighborhood-serving commercial spaces (e.g., cafe, corner store grocery, day cares) should be allowed.
3. Use of this zone is appropriate for areas designated residential high in the comprehensive plan.
C. Flex Residential (F-R).
1. Purpose. This designation allows for a wide range of uses, including residential, commercial, and light industrial. The district emphasizes smaller scale industrial uses such as food processing, workshops, or fabrication; wholesale retail and professional services; home occupations; and low-to-moderate density residential to increase the availability of jobs and allow workers to live close to where they work.
2. Expected development types include small-to-medium footprint flexible buildings that can be used for a variety of business applications, as well as detached houses and middle housing types such as townhouses and duplexes. Home occupations and live/work units should be allowed.
3. Use of this zone is appropriate for areas designated flex-residential in the comprehensive plan.
A. Neighborhood Center Mixed-Use (NC-MU).
1. Purpose. This designation encourages a focus and reinvigoration of Aberdeen’s traditional districts, as envisioned in the Centers and Corridors strategy. These higher intensity areas are limited to places that are located well to be fifteen (15) minute walking centers throughout Aberdeen and make use of existing anchors, such as schools, parks, and groceries or other businesses.
2. New development should include a mix of residential and neighborhood serving commercial. Multistory buildings, especially with some ground floor commercial, are encouraged.
3. Use of this zone is appropriate for areas designated neighborhood center mixed-use in the comprehensive plan.
B. Downtown Mixed-Use (DT-MU).
1. Purpose. This designation is intended for Aberdeen’s historic central core. It reinforces downtown as Aberdeen’s center of commercial, civic, cultural, and tourism activities. Downtown is expected to accommodate new development while reinforcing and enhancing its historic pedestrian-friendly character and scale.
2. Expected development includes mixed residential and ground floor commercial, mixed office and ground floor commercial, and single-purpose residential, commercial, office, and artisan manufacturing uses.
3. Use of this zone is appropriate for areas designated downtown mixed-use in the comprehensive plan.
C. Commercial (C).
1. Purpose. This designation provides for a wide variety of general service, retail, commercial, and storage that serves local and regional customers. It is generally located along major transportation corridors. It may support accessory or upper story residential uses, but the focus should be on maintaining affordable commercial space in Aberdeen to serve the region’s needs. These are relatively centrally located and along transit lines so that all areas of the city have access to commerce. This designation provides for a wide variety of general-service and retail commercial uses, and mixed uses serving local and regional residents and the traveling public.
2. Development should include a wide variety of general service, retail, commercial, and professional office buildings. Development may include residential.
3. Use of this zone is appropriate for areas designated commercial in the comprehensive plan.
D. Waterfront (WF).
1. Purpose. This designation provides for a mix of commercial, cultural, recreational, and water-related light industrial uses in waterfront areas to support tourism and continued water-oriented uses. Development should emphasize and make use of the unique waterfront setting with a pedestrian-friendly environment and public access and views to the water where feasible. Because these areas are generally not protected by the existing or planned levee, high intensity uses are not expected and flood-resilient design is required for certain uses.
2. Typical development should include a mixture of commercial buildings, light industrial activities, and recreational or commercial water access. These areas should be less intense than downtown or neighborhood center designations, except where they also align with a regional center (i.e., the regional shopping center at the mouth of the Wishkah River).
3. Use of this zone is appropriate for areas designated waterfront in the comprehensive plan.
E. Flex-Industrial (F-I).
1. Purpose. This designation provides for a mix of industrial, service commercial, and heavy retail uses that minimize unmitigated external visual, auditory, and physical impacts on adjacent properties and generally do not compete with uses in the downtown and neighborhood center mixed-use areas. Many sites are located along the Chehalis River where orientation to navigable waterways and rail access is of primary importance.
2. Expected development includes structures and surfaces that support industrial, light industrial, manufacturing, shipping, research and development, marine-oriented commercial, and commercial uses.
3. Use of this zone is appropriate for areas designated flex-industrial in the comprehensive plan.
F. Civic (CV).
1. Purpose. This designation ensures land remains available for schools, colleges, hospitals, and other community-serving civic or institutional uses.
2. Expected development includes schools, colleges, hospitals, and other institutional and public buildings.
3. Use of this zone is appropriate for areas designated civic in the comprehensive plan.
A. Open Space—Conservancy (OS-C).
1. Purpose. This designation allows for preservation of natural areas with minimal disruption. These areas may be located to mitigate/adapt to flooding, landslide, and tsunami risks. In some cases, existing uses are commercial or industrial, and these may remain in place until vacated.
2. Existing uses may remain. In the future, trails, interpretive displays, and other development that increases public enjoyment and connection to nature may be considered if designed for a positive impact on natural systems.
3. Use of this zone is appropriate for areas designated open space—conservancy in the comprehensive plan.
B. Open Space—Parks (OS-P).
1. Purpose. This designation allows for existing and future parks and public open space, public community facilities, and essential public facilities. They are located to support downtown and neighborhood centers with public amenities, as well as to enhance the waterfront as a recreational draw.
2. Expected development typically includes public parks and recreation facilities, trail corridors, and open space. These areas may include small commercial spaces (e.g., park concession stand).
3. Use of this zone is appropriate for areas designated open space—parks in the comprehensive plan.
C. Open Space—Residential (OS-R).
1. Purpose. This designation allows for potential residential development in existing natural areas. It is intended to preserve and enhance natural areas where critical areas (e.g., steep slopes, streams) limit feasibility while providing long-term flexibility for residential expansion if needed.
2. Expected development would include cabins and small residences, and if needed in the future, larger residential development types. Agriculture and timber uses may be allowed.
3. Use of this zone is appropriate for areas designated open space—residential in the comprehensive plan.
The purpose of this chapter is to establish the uses generally permitted in each zone which are compatible with the purpose of the zone and other uses allowed within the zone.
A. Use Categories.
1. In order to regulate uses, categories of uses have been established. Use categories provide a systematic basis for assigning land uses to appropriate categories with other similar uses. Use categories classify land uses and activities based on common functional, product, or physical characteristics. These categories include:
a. Residential uses (see Chapter 17.43).
b. Commercial uses (see Chapter 17.44).
c. Industrial uses (see Chapter 17.45).
d. Public, institutional, and open space uses (see Chapter 17.46).
2. Characteristics include the type and amount of activity, the hours of operation, the type of customers or residents, how goods or services are sold or delivered, likely impact on surrounding properties, and site conditions.
3. Use category definitions are included in Chapters 17.43 through 17.46.
4. Where a use category contains a list of included uses, the list is to be considered example uses, and not all-inclusive. The director has the responsibility for categorizing all uses.
B. Principal Uses. Allowed principal uses by zone are listed in Tables 17.41.040 through 17.41.050. Principal uses are grouped into categories of uses.
C. Accessory Uses. Accessory uses are allowed in conjunction with a permitted principal use as established in Chapter 17.47, Accessory Uses and Structures.
D. Temporary Uses. Temporary uses are allowed as established in Chapter 17.48, Temporary Uses.
E. Nonconforming Uses and Structures. See Chapter 17.49 for provisions.
The use tables in this chapter determine whether a use is allowed in a zone.
A. Permitted Use (P). Where the letter “P” appears in the use tables, the subject use is permitted. “Permitted” uses are those that do not require discretionary land use approval permits, but may require building permits or shoreline permits.
B. Conditional Use (C). Where the letter “C” appears in the use tables, the subject use is allowed subject to the conditional use review procedures specified in Section 17.20.030, Types of review, and Chapter 17.33, Conditional Uses.
C. Use Not Permitted ( ). Where no symbol appears in the use tables, the subject use is prohibited in that zone.
D. Special Use Limitations (*)(†). For uses containing symbols * and †, refer to the code reference in the right column next to the applicable symbol.
E. Unclassified Uses. Where a proposed use is not classified in the use tables and sections below, the director shall apply the use provisions of a use most similar in scale and associated level of impacts. Where the director finds that there is no such similar use, the director shall make a determination in writing on whether the use should be permitted, conditionally permitted, or prohibited, based on the purpose of the applicable zone, the mixture of permitted, conditional, and prohibited uses, and the scale and projected impacts of the proposed use. Special criteria in helping to determine whether a use is appropriate for the zone:
1. Consider the scale and type of buildings compared to other permitted uses in the zone.
2. Consider the amount, type, and pattern of vehicular traffic anticipated for the use.
3. Consider the expected outdoor uses and activities associated with the use.
4. Consider the expected noises, odors, emissions, and unique visual impacts associated with the use.
Table 17.41.040 provides the list of permitted principal uses in residential zones. See Section 17.41.030 for keys to the letters and symbols in the table.
NOTE: Accessory uses are not shown in these principal use tables. See Chapter 17.47, Accessory Uses and Structures, for applicable accessory use provisions.
Table 17.41.040. Principal Uses Permitted in Residential Zones
Principal Use | RL | RH | F-R | Section Reference/Condition |
|---|---|---|---|---|
RESIDENTIAL | ||||
Household Living, as listed below | ||||
Single-family house | P | P | P | |
Cottage housing | P | P | P | |
Duplex | P | P | P | |
Triplex or fourplex | P | P | P | |
Townhouse | P* | P | P* | * Up to four (4) attached |
Multifamily, five (5) or more units | P | |||
Group Living, as listed below | ||||
Adult family home | P | P | P | |
Assisted living facility | P | |||
Co-living | P | C | ||
Group care living facilities | C | C | C | |
Nursing homes | C | |||
COMMERCIAL | ||||
Day Care, as listed below | ||||
Mini day care | P | P | P | |
Commercial day care | P | P | ||
Eating/drinking establishments, except as listed below | P* | P† | P | * Up to 2,000 square foot corner lots only shall be closed to the public after 10:00 p.m. † Up to 4,000 square feet, corner lots only |
Bar, nightclub, tavern, lounge, tap room, wine bar | ||||
Medical, except as listed below | ||||
Medical office for dentist, chiropractor, osteopath, physician, or other medical practitioner | P* | P* | P | * Corner lots only and up to 2,000 square feet gross floor area (up to 4,000 square feet in the RH zone) |
Office, except as listed below | ||||
Professional services | P* | P* | P | * Corner lots only and up to 2,000 square feet gross floor area (up to 4,000 square feet in the RH zone) |
Overnight Lodging, except as listed below | ||||
Bed and breakfast and short-term rental | P | P | P | |
Parking | C* | C* | C | |
Personal Service, except as listed below | P* | P* | P | * Corner lots only and up to 2,000 square feet gross floor area (up to 4,000 square feet in the RH zone); shall be closed to the public after 10:00 p.m. |
Retail Sales, except as listed below | P* | P† | P | * Up to 2,000 square feet, corner lots only Shall be closed to the public after 10:00 p.m. † Up to 4,000 square feet, corner lots only |
Farmers’ markets | C | C | C | |
INDUSTRAL | ||||
Industrial Uses, except as listed below | ||||
Light Industrial | P | |||
Wholesale Trade | C | |||
PUBLIC, INSTITUTIONAL AND OPEN SPACE USES | ||||
Agriculture, except as listed below | ||||
Animal husbandry | P | P | P | |
Community garden | P | P | P | |
Nursery, orchards and farming including the retail sales of produce grown on the premises | C | C | P | |
Civic, as listed below and based on gross floor area (GFA) | ||||
<10,000 square feet GFA | P | P | ||
10,000—20,000 square feet GFA | C | P | ||
>20,000 square feet GFA | P | |||
Special civic uses: | ||||
Cemetery/columbarium | P | P | P | |
College, community college, or university | C | C | ||
Community center | C | C | ||
Museum | C | P | ||
Reuse of public schools for public and private recreational uses and public uses | C | C | C | |
Private recreational, civic, social and/or cultural clubs | C | P | ||
Schools, public or private (K-12) | C | C | P | |
Parks, Plazas, Open Spaces, and Natural Areas | P | P | P | |
Utilities, as listed below | ||||
Utilities, major | C | C | C | |
Utilities, minor | P | P | P | |
Table 17.41.050 provides the list of permitted principal uses in mixed-use and industrial zones.
Table 17.41.050. Principal Uses Permitted in Mixed-Use and Industrial Zones
Principal Use | NC-MU | DT-MU | C | WF | F-I | CV | Section Reference/Condition |
|---|---|---|---|---|---|---|---|
RESIDENTIAL | |||||||
Note: Residential uses are not allowed on the ground floor facing a designated storefront street (see Chapter 17.61). Lobbies for multifamily uses are an exception, provided the units meet the standards in Section 17.61.040. | |||||||
Household Living, as listed below | |||||||
Single-family house | P | P* | P* | P* | P* | * Existing units only | |
Cottage housing | P | P* | * Existing units only | ||||
Duplex | P | P* | * Existing units only | ||||
Triplex or fourplex | P | P* | * Existing units only | ||||
Townhouse | P | P | P* | * Existing units only | |||
Multifamily dwellings, five or more units | P | P* | P* | P | P* | * Existing units only | |
Caretaker’s residence | P | P | P | P | P | ||
Group Living, as listed below | |||||||
Adult family home | P | P* | P* | ||||
Assisted living facility | P | P | P | P | P | ||
Co-Living | P | C | |||||
Group care living facilities | C | P | P | P | C | P | |
Nursing home | C | C | C | P | |||
COMMERCIAL | |||||||
Day Care | P | P | P | P | P | ||
Eating/Drinking Establishments | P | P | P | P | P | P | |
General Service, except as listed below | C | P | P | P | P | P | |
Auto and truck repair services within a building | C | P | P | P | P | ||
Heavy service | P* | P | P | * Marine-related only | |||
Public safety facility | C | P | C | P | P | ||
Medical, except as listed below | P | ||||||
Hospital | C* | C | P | * Permitted only on sites over 2 acres | |||
Office | P* | P | P | P | P† | P | * No more than 20,000 square feet † Permitted as an accessory use |
Overnight Lodging | C | P | P | P | P | ||
Parking | C | P | P | P | P | ||
Personal Service, except as listed below | P | P | P | P | P | ||
Animal care | P* | P* | P* | P | P* | * Facilities with outdoor runs are a conditional use | |
Recreation, Indoor As listed below and based on net floor area (NFA): | |||||||
<10,000 square feet NFA | P | P | P | P | C | P | |
10,000 to 20,000 square feet NFA | C | C | C | P | C | P | |
>20,000 square feet NFA | C | C | C | C | C | P | |
Special indoor recreation uses: | |||||||
Adult entertainment | C | C | C | C | |||
Convention center or conference center | P | P | P | P | |||
Shooting range | P | ||||||
Recreation, Outdoor, except as listed below | |||||||
Campground | C | ||||||
Marinas and boat moorage | P | C | |||||
Recreational vehicle park | C | ||||||
Retail Sales, as listed below and based on net floor area (NFA)/individual use: | |||||||
<20,000 square feet NFA | P | P | P | P | P | ||
20,000 to 50,000 square feet NFA | P* | P | P | P | * Permitted only on sites over 2 acres | ||
>50,000 square feet NFA | P | P | P | ||||
Special retail sales uses: | |||||||
Heavy retail | P | C | P | ||||
Cannabis, retail | P* | P* | P* | * A total of 2 cannabis retail stores can be permitted within the city | |||
Gas station | P | C* | P | C | P | P | * Prohibited on storefront streets |
Vehicle Sales/Rental, except as listed below | C | P | P | P | |||
Marine sales/rental | P | P | P | ||||
INDUSTRIAL | |||||||
Heavy Industrial | C | ||||||
Light Industrial, except as listed below | C | P* | C | P | * Use shall be conducted entirely within a building(s) | ||
Cannabis, processing | P | ||||||
Light manufacturing, except as listed below | C | P | P | ||||
Artisan manufacturing | P* | P* | P* | P | P | * Shall include on-site retail component | |
Laboratories and research facilities | P* | P* | P* | P | P | ||
Self-service storage | C | P* | |||||
Warehouse and distribution | C | C | P | ||||
Waste related services, except as listed below | P | P | |||||
Water-oriented industrial uses, except as listed below | P | P | P | ||||
Shipping terminals | C | P | P | ||||
Boat launch facility | P | P | P | ||||
Wholesale trade | C | P | P | P | |||
PUBLIC, INSTITUTIONAL AND OPEN SPACE USES | |||||||
Agriculture, except as listed below | |||||||
Nursery, orchards and farming including the retail sales of produce grown on the premises | P | P | P | P | P | ||
Farmers’ markets | P | P | P | P | P | P | |
Aquaculture | C | P | |||||
Cannabis, production | P | ||||||
Nurseries | C | P | P | ||||
Community garden | P | P | P | P | P | ||
Civic, except as listed below and based on gross floor area (GFA): | |||||||
<10,000 square feet GFA | P | P | P | P | P | P | |
10,000 to 20,000 square feet GFA | P | P | P | P | P | ||
>20,000 square feet GFA | P* | P | P | C | P | * Permitted only on sites over 2 acres | |
Special civic uses: | |||||||
College, community college, or university | P | C | P | ||||
Community center | P | P | P | C | P | ||
Museum | P | P | P | P | |||
Schools, public or private (K-12) | C | C | C | P | |||
Parks, plazas, open spaces, and natural areas | P | P | P | P | P | ||
Utilities | |||||||
Utilities, major | C | C | C | C | C | ||
Utilities, minor | P | P | P | P | P | ||
Sustainable energy generation system | C | C | P | P | |||
Battery energy storage systems | P | C | |||||
Table 17.41.060. Principal Uses Permitted in Open Space Zones
Principal Use | OS-R | OS-P | OS-C | Section Reference/Condition |
|---|---|---|---|---|
Single-family house | P | P* | * Existing uses only, no new construction | |
Bed and breakfast inns | P | |||
Cemetery/columbarium | C | C | ||
Private recreational, civic, social and/or cultural clubs | C | |||
Schools, public or private (K-12) | C | C | ||
Parks, plazas, open spaces, and natural areas | P | P | P | |
Agriculture | P | |||
Campground | P | |||
RV Park | P | |||
Utilities, major | C | P | P | |
Utilities, minor | C | C | C | |
Sustainable energy generation system | C |
A. Purpose.
1. To promote forms of development that reinforce and/or enhance the desired character of Aberdeen residential neighborhoods, business districts, and industrial zones.
2. To promote compatibility between developments.
3. To minimize environmental impacts of development.
B. Key to the Form and Intensity Standards Tables.
1. The form and intensity standards tables address the form and intensity of development specific to individual zones. The zone is located on the vertical columns and the form/intensity topic being addressed is located on the horizontal rows.
2. Where a reference appears after the form and intensity measure, then the use or development is subject to standards in that section or chapter.
3. For uses containing symbols * and †, refer to the code reference in the right column next to the applicable symbol.
4. If a cell is blank ( ), then there are no standards for the particular measure or it is not applicable to the zone.
5. Sections 17.42.040 through 17.42.100 provide clarification and exceptions to the form and intensity standards tables below.
A. Table 17.42.020(A) sets forth the form and intensity standards for residential zones.
Table 17.42.020(A). Form and Intensity Standards in Residential Zones
Standards | RL | RH | RF | Section Reference/ Condition |
|---|---|---|---|---|
LOT SIZE AND DEVELOPMENT INTENSITY | ||||
Minimum lot size (square feet) | 5,000 | 5,000 | 5,000 | |
Maximum dwelling units per lot | 4 | N/A | 4 | |
Lot area per dwelling unit (square feet) | 1,250 | N/A | N/A | |
Lot coverage | 45 percent* | 60 percent | 45 percent* | * or 2,000 square feet, whichever is greater |
Height, maximum (feet) | 35 | 45 | 35 | |
SETBACKS (minimum) | ||||
Street setback (feet) | 15 | 10 | 15 | |
Minimum side setback (feet) | 5 | 5 | 5 | |
Side setback, street (feet) | 10 | 10 | 10 | |
Garage street setback (feet) | 20 | N/A | 20 | |
Minimum rear setback (feet) | 5 | 5 | 5 | |
B. Table 17.42.020(B) sets forth the form and intensity standards for mixed-use, commercial, and industrial zones.
Table 17.42.020(B). Form and Intensity Standards in Mixed-Use, Commercial, and Industrial Zones
Principal Use | NC-MU | DT-MU | C | WF | F-I | CV | Reference |
|---|---|---|---|---|---|---|---|
LOT SIZE AND DEVELOPMENT INTENSITY | |||||||
Minimum lot size (square feet) | 5,000 | 5,000 | 5,000 | 5,000 | 5,000 | 10,000 | |
Lot coverage | 60 percent | N/A | N/A | N/A | N/A | N/A | |
Height, maximum (feet) | 45* | N/A | 35 | 45† | 45 | 75 | * maximum of 75 feet on lots 2 acres or larger † Maximum of 35 feet within 200 feet for shoreline (see Shoreline Master Program, Chapter 14.50) |
SETBACKS | |||||||
Street setback and side setback, street (feet) | 10* | 5* | 5* | 5* 10 † | 10 | 10 | * Except for storefronts meeting Section 17.61.040 † 10-foot front setback where lot fronts on a state highway |
Side setback (feet) | 5* | N/A | N/A | N/A | N/A X | 5 | * Required only on sides adjacent to lots zoned RL X 5-foot setback adjacent to existing residence |
Rear setback (feet) | 5* | N/A | N/A | N/A | N/A | 5 | * Required only on sides adjacent to lots zoned RL |
C. Table 17.42.020(C) sets forth the form and intensity standards for open space zones.
Table 17.42.020(C). Principal Uses Permitted in Open Space Zones
Principal Use | OS-R | OS-P | OS-C | Reference |
|---|---|---|---|---|
LOT SIZE AND DEVELOPMENT INTENSITY | ||||
Minimum lot size (square feet) | 25,000 | N/A | N/A | |
Maximum units per lot | 1 | |||
Density maximum (dwelling units/gross acre) | 2 units per acre | N/A | N/A | |
Lot coverage | 10 percent | 10 percent | 10 percent | |
Height, maximum (feet) | 35 | 35 | 35 | |
SETBACKS (minimum) | ||||
Street setback (feet) | 20 | 20 | 20 | |
Side setback (feet) | 10 | 10 | 10 | |
Rear setback (feet) | 10 | 10 | 10 | |
A. Minimum lot size calculations are based on net lot area, rather than gross lot area. The following areas are excluded from the minimum lot area calculations:
1. Street right-of-way, or other areas reserved or dedicated for public use (such as parks, open space, and stormwater facilities).
2. Submerged lands, landslide hazard areas and buffers, regulated wetlands and buffers, and Type 1, 2, 3 and 4 streams and buffers.
B. Existing lots that do not meet the minimum lot size may be developed in accordance with the lot area per unit standard (Section 17.42.050).
The density maximum is specified for relevant zones in Table 17.42.020(C). Density is measured in terms of dwelling units per gross acre. See Section 17.31.100 for cluster subdivision standards.
Maximum units per lot is specified for relevant zones in Tables 17.42.020(A), (B), and (C).
A. Maximum units per lot does not apply to cottage housing or accessory dwelling units.
B. For preexisting lots that do not meet the minimum lot size specified in Tables 17.42.020(A), (B), and (C), see Section 17.42.050 for the number of units that may be developed.
Lot area per unit is specified for residential zones in Table 17.42.020(A). Accessory dwelling units shall be counted as a unit for the purposes of this standard.
Lot coverage refers to the area of a lot which is covered by buildings and structures. Lot coverage calculation details and clarification:
A. The area covered shall be measured from the outside of external walls of enclosed spaces, from the outer edge of the floor of covered decks and porches and from the supporting members of structures, such as a carport, which are not enclosed by walls.
B. The roof overhang shall not be included in the lot coverage unless it exceeds three (3) feet, in which case the portion of the roof overhang extending beyond three (3) feet shall count as part of the lot coverage.
C. Open beams and lattice work without a roof are not considered part of the lot coverage.
D. Minor appurtenances such as bay windows, chimneys and trim not extending more than two (2) feet from the primary wall, and not extending the enclosed floor area, shall not count in lot coverage.
E. Uncovered decks or patios on grade shall not count in lot coverage.
F. For unusual structures, for example, communication towers, the director shall determine the extent of lot coverage.
A. Height Measurement. Building height is measured to the highest point of the structure from the average of the natural topography at the foundation at the front of the building. Exceptions and clarifications:
1. In cases where the lot slopes downhill from the property line at the front of the building, the height is measured from the highest point of the house to the average of the natural grade directly under the building.
2. If the building site has frontage on two (2) or more streets, the height is measured from the highest point of the building to the average of the natural grade directly under the building if the lot slopes downhill from the property line on either street frontage.
3. The allowable height is measured from the average of the natural or existing topography of the portion of the lot, parcel or tract of real property which will be directly under the proposed building.
4. Height requirements for buildings in shoreline jurisdictions are provided for in the shoreline master program.
5. Calculation of the average grade level is made by averaging the elevations of the center of all exterior walls of the proposed building. Additionally, “natural or existing topography” is the topography of the lot, parcel or tract of real property immediately prior to any site preparation, grading, excavation, or filling. Where a tract of land is regraded for the purpose of a land division, the “natural or existing topography” is the grades as they exist at the time of recording of the final plat.
B. Exceptions. The following structures may be erected above the height limits established in Tables 17.42.020(A), (B), and (C):
1. Roof structures housing or screening elevators, stairways, tanks, rooftop wind generators, ventilating fans or similar equipment required for building operation and maintenance may exceed the height limit by:
a. Up to ten (10) feet in all zones except RL, provided the area with the added height is limited to what is necessary to screen or enclose the use.
b. Up to fifteen (15) feet on buildings over four (4) stories in height where they allow access to shared roof decks that meet the requirements of Section 17.62.030(F)(2).
Such structures constructed for nonresidential or multifamily uses are subject to screening standards in Section 17.62.060(E).
2. Fire or parapet walls may exceed the height limit by up to five (5) feet in the RH zone and ten (10) feet in mixed-use, commercial and industrial zones.
3. Except as may otherwise be prohibited by the FAA regulations, the height limitations of Tables 17.42.020(A), (B), and (C) do not apply to church spires, belfries, cupolas and domes not intended for residential purposes, or to monuments, water towers, observation towers, power transmission towers, silos, grain elevators, chimneys, smokestacks, derricks, conveyors, flag poles, radio, masts, aerials and similar structures.
The form and intensity standards tables in this chapter provide minimum standards for street, interior side, and rear setbacks. Clarification on how these setbacks are measured is provided below.
A. Measurement. All setbacks shall be measured at right angles, or as near to right angles as possible, to the nearest property line in a plane horizontal to the ground. Setback directions shall be determined as provided in subsections (B) through (E) of this section.
B. Street Setbacks.
1. The street setback is measured from the street right-of-way to a line parallel to and measured perpendicularly from the street right-of-way at the minimum depth prescribed for each zone.
2. For corner lots in residential zones, the street setback is measured from the street right-of-way that is the property’s street address and primary access. The other lot frontage is referred to as the side setback, street.
3. For lots on streets with a right-of-way at least sixty (60) feet wide, the street setback may be reduced by one (1) foot for each additional foot above five (5) between the property line and the nearest edge of the sidewalk. If no sidewalk is present, the street setback may be reduced by one (1) foot for each additional foot above ten (10) feet between the property line and the nearest edge of the roadway.
Figure 17.42.080(B). Street Setback Reduction on Wide Rights-of-Way
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C. Side Setback. The side setback is measured from the side lot line adjacent to another property to a line parallel to and measured perpendicularly from the side lot lines at the depth prescribed for each zone.
Exception. No side setback is required between individual units within a townhouse building, where allowed.
D. Garage Setback. The garage setback applies to the front doors of individual private garages as measured from the street right-of-way that provides the primary access as in subsection (B) of this section. It does not apply to underground or aboveground parking structures shared by multiple residents or tenants.
Figure 17.42.080(A)—(D). Setback Types
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E. Rear Setback. The rear setback is measured from the rear lot line to a line parallel to and measured perpendicularly from the rear lot lines at the depth prescribed for each zone.
F. Setbacks for Flag Lots. Flag lots are exempt from street setback requirements. Flag lots shall have a rear lot line designated, typically opposite from the access corridor (the pole of the flag), and all other lot lines are considered side lot lines (see Figure 17.42.090(E)).
Figure 17.42.080(F). Setbacks on Flag Lots
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G. Through Lots. For lots featuring streets on opposite ends, the street setback is measured from the street right-of-way that is the property’s street address and primary access. The opposite lot frontage is considered the rear setback.
H. Setback Measurements for Irregular Lots. Setback distances established for residential zones are based on rectangular lots. Nonrectangular lots, lots with three (3) sides or more than four (4) sides, curved property lines, and other nonstandard lots require special measurement techniques in order to achieve the purpose of setback requirements:
1. Rear Setbacks. In the case of an irregularly shaped lot, a ten (10) foot line which is within the lot and parallel to and most distant from the front lot line shall be considered the rear lot line for purposes of determining required setbacks and for interpretation of other provisions of this code (see illustration).
2. Interior Side Setbacks. All lot lines which are not front or rear lot lines shall be considered interior side lot lines for the purpose of measuring setbacks.
3. Determination by Director. Where a building site is situated such that it is unclear which should be considered the front, rear, and sides, required setbacks shall be as determined by the director in compliance with the following criterion: required setbacks shall not permit the placement of buildings on the site in a manner that will constitute a grant of special privileges inconsistent with the limitations placed on other properties in the vicinity and incompatible with surrounding uses.
Figure 17.42.080(H). Examples of Determining Setback Lines on Irregular Lots
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The following structures may extend into or be located in required setbacks:
A. Fireplace structures, bay or garden windows, or similar structures may project thirty (30) inches into a street or rear setback, provided such projections are:
1. Limited to two (2) per building elevation.
2. Not wider than ten (10) feet.
3. Do not extend the floor area or foundation into the setback.
B. Eaves, cornices, awnings, and window shades may not project more than:
1. Three (3) feet into a street or rear setback.
2. Two (2) feet into the interior side setback.
C. Covered porches and entries may project up to six (6) feet into the street setback.
D. Uncovered porches and decks may project up to six (6) feet into the street or rear setbacks.
Figure 17.42.090. Porch Projection

E. The following features are permitted within the required street setback:
1. Mailboxes, newspaper boxes, and free neighborhood book exchange boxes.
2. Fire hydrants and associated appendages.
3. Bus shelters.
4. Freestanding signs complying with Chapter 17.66, Signage.
F. The following features are permitted within any required setback:
1. Utility poles and lines.
2. Underground utilities and sprinkler systems.
3. Light and flagpoles.
4. Trellises not exceeding eight (8) feet in height.
5. Electrical equipment cabinets and similar utility boxes and vaults.
6. Stormwater facilities and elements of stormwater best management practices, unless a minimum setback is otherwise specified in this title or in the adopted stormwater management manual.
7. Fences complying with Chapter 17.67, Fences and Hedges.
8. Uncovered porches and decks not exceeding eighteen (18) inches average height above the finished grade.
9. Enclosures for solid waste collection and storage when in compliance with the standards of Section 17.62.060.
10. Ramps added to an existing building for the specific purpose of accessibility for persons with disabilities when no other reasonable location is available.
G. No projections are allowed into a regional utility corridor, access easement, or utility easement.
A. A lot adjoining a planned street identified in the comprehensive plan, transportation plan, and/or capital improvement program shall provide a street setback along the planned street meeting the same standards as though the street were already constructed.
B. Along any mixed-use or industrial-zoned property line adjoining a residential zone with no intervening street or alley, the minimum setback shall be the same as the applicable minimum setback for the adjacent zone.
A. Household Living Use Category.
1. Residential Occupancy of a Dwelling Unit by a Household. Household living includes the following uses:
a. Single-family house.
b. Cottage housing.
c. Duplex.
d. Triplex.
e. Fourplex.
f. Townhouse.
g. Multifamily, five (5) or more units.
h. Senior housing.
i. Transitional housing.
j. Permanent supportive housing.
2. Modular or factory-built residential buildings licensed by the Washington State Department of Labor and Industries can serve as any of the above housing types, as long as all applicable standards are met.
B. Single-Family House.
1. Definition. A building entirely surrounded by open space containing one (1) dwelling unit on a lot that is not an accessory dwelling unit or part of a cottage housing development.
2. Multiple Single-Family Houses. Multiple single-family houses may be built on the same lot provided they meet:
a. Individual homes shall be separated from other homes by at least eight (8) feet. Permitted projections into required interior side setback in Section 17.42.100 apply.
b. The development and design standards in subsection (B)(3) of this section.
c. A paved pedestrian connection at least three (3) feet wide is required between each house and the sidewalk (or the street if there is no sidewalk). Driveways may be used to meet this requirement.
3. Development and Design Standards.
a. Form and Intensity. See Chapter 17.42 for applicable standards.
b. Entries. All houses shall feature a covered pedestrian entry, such as a covered porch or recessed entry, with minimum weather protection of three (3) feet by three (3) feet.
c. Driveways. See Chapter 17.53 for applicable standards.
d. Off-Street Parking. See Table 17.65.040 for applicable standards.
4. Manufactured Homes and Mobile Homes. Manufactured homes and mobile homes are permitted to serve as single-family houses, provided all other standards are met.
a. Definitions.
(1) “Manufactured home” means a single-family dwelling built to 42 U.S.C. 5401 through 5403 standards (as amended in 2000). A mobile home, modular home, commercial coach, or recreational vehicle is not a manufactured home.
(2) “Mobile home” means a factory-built dwelling built prior to June 15, 1976, to standards other than the United States Department of Housing and Urban Development Code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. Mobile homes have not been built since the introduction of the United States Department of Housing and Urban Development Manufactured Home Construction and Safety Act.
b. Requirements for Manufactured homes to Be Sited on Individual Lots Within Residential Districts. All manufactured homes sited on individual lots outside of mobile home parks and subdivisions are permitted uses in all residential zones and shall comply with each of the following requirements in addition to the requirements of each zoning district:
(1) The manufactured home shall have at least seven hundred forty (740) square feet of gross floor area and be at least twenty (20) feet in width. Any body part or extension which is not seventy (70) percent or more of the length shall not be included in the measurement of the width.
(2) The manufactured home shall comply with the installation requirements of the state of Washington Department of Labor and Industries found at WAC 296-150B-200 through 296-150B-255 or their successors.
(3) Permanent steps with handrails shall be provided at all exits. The steps and handrails shall comply with the requirements of the International Building Code.
(4) The tongue, axle, traffic safety lights and any traffic warning lights shall be removed.
(5) The manufactured home shall comply with the Federal Manufactured Home Construction and Safety Standards in effect at the date of manufacture and the home shall have been manufactured on or after June 15, 1976.
(6) The primary use of the manufactured home shall be residential.
(7) No manufactured home shall be converted or changed from one type of manufactured home to another type.
(8) The manufactured home shall be new.
C. Cottage Housing.
1. Definition. A small single-family dwelling that is clustered with other similar units sharing a common open space.
Figure 17.43.010(C)(1). Cottage Housing Development Examples
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2. Development and Design Standards.
a. Form and Intensity. See Chapter 17.42 for applicable standards, except otherwise noted in this subsection (C)(2).
b. Lot Area per Unit. Due to the smaller relative size of cottage units, each cottage requires one-half (0.5) the lot area per unit required under Section 17.42.050.
c. Minimum and Maximum Number of Cottages.
(1) Cottage housing developments shall contain a minimum of three (3) cottages.
(2) Three (3) to twelve (12) cottage structures may make up a cluster. There is no limit on the number of clusters provided all other standards are met.
(3) Attached duplex cottages are allowed.
d. Setbacks and Separation.
(1) The minimum setbacks set forth in Table 17.42.010 apply to the development frontage and external side and rear property lines of the entire cottage development.
(2) Individual cottages shall be separated from other cottages by at least eight (8) feet. Permitted projections into required interior side setback in Section 17.42.100 apply.
(3) Cottages shall be set back at least five (5) feet from any internal pedestrian path. Permitted projections into required street setback in Section 17.42.100 apply.
(4) Cottages shall be set back at least five (5) feet from any internal access lanes that provide access to four (4) or more cottages. For access lanes serving less than four (4) cottages, at least five (5) feet of separation is required between access lanes and cottages. Permitted projections into required street setback in Section 17.42.100 apply for setbacks to internal access lanes.
e. Building Height.
(1) Cottages have a maximum building height of twenty-five (25) feet. All parts of the roof above eighteen (18) feet shall be pitched with a minimum roof slope of 6:12.
(2) Accessory structures in cottage housing developments are subject to the standards in Section 17.47.020.
f. Cottage Size. Cottages shall contain no more than one thousand four hundred (1,400) square feet gross floor area in total, not including attached garages.
g. Entries.
(1) Clear and obvious pedestrian access between the sidewalk (or the street if there is no sidewalk) and the building entry is required for new dwellings.
(2) All new dwellings shall provide minimum weather protection of three (3) feet by three (3) feet (a covered porch or recessed entry) for each pedestrian entry.
h. Common Open Space.
(1) Minimum Size. Common open space shall be at least four hundred (400) square feet per cottage.
(2) Minimum Dimensions. Common open space shall have no dimension less than fifteen (15) feet. Areas used to meet private open space requirements may not be double-counted as common open space.
(3) Elements. Common open space may include a lawn, courtyard, plaza, garden, or other shared central open space and may not include parking areas. Common open space shall be useable and may not include critical areas or critical area buffers, including steep slopes. LID stormwater BMPs, like rain gardens, may be integrated in up to twenty-five (25) percent of the minimum required usable open space area.
(4) Orientation. Common open space shall have cottages abutting on at least two (2) sides. At least fifty (50) percent of the cottages in each cottage housing cluster shall abut common open space. Cottages abutting the common open space shall be oriented around and have the primary entrance face the common open space. Cottages that front on a street that are adjacent to a common space must have a second entrance facing the street.
(5) Access. Cottages shall be within one hundred (100) feet walking distance of the common open space and feature a direct pedestrian connection to the common open space.
i. Shared Community Buildings.
(1) A shared community building may be integrated into the common open space area required in subsection (C)(2)(h) of this section but shall not be included in the minimum common open space area calculations.
(2) Uses. The building may include uses such as, but not limited to, a multi-purpose entertainment space, recreation center, kitchen, library, storage space, workshop, or similar amenities that promote shared use and a sense of community.
(3) Height. Shared community buildings shall be no taller than cottages within the development.
(4) Size. Shared community buildings shall be no larger than cottages within the development.
(5) Other Standards. Shared community buildings are subject to the accessory structure standards in Section 17.47.020.
j. Access and Parking.
(1) See Chapter 17.53 for applicable driveway standards.
(2) See Table 17.65.040 for off-street parking requirements.
(3) Parking areas shall be located to the side or rear of cottage clusters. Parking shall not be located between the street and cottages nor between cottages and common open space.
(4) Parking and access lanes shall be screened from adjacent residential uses by landscaping or architectural screens. For parking areas and access abutting residential uses, at least five (5) feet of Type A, B, or C landscaping (see Section 17.64.050) shall be provided between the parking area and the abutting residential use.
(5) Parking is encouraged to be consolidated under cover. Uncovered parking shall be located in clusters of not more than five (5) adjoining spaces (except where adjacent to an alley). Driveway space in front of private garages is exempt from this provision.
(6) Garages with a footprint of up to three hundred (300) square feet may be attached to individual cottages, provided all other standards herein are met. Such garages do not count toward the size limit of cottages. Such garages shall not be located adjacent to the common open spaces.
Departures to the garage/common open space standard will be considered provided the combination of the common open space design, garage location and design, and landscaping/architectural design features help to create a common open space that meets the purposes of the standards and the design mitigates the impact of the garages on the common open space.
Figure 17.43.010(C)(2). Cottage Housing Site Plan Example
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3. Accessory dwelling units are not permitted in cottage housing developments.
D. Duplex.
1. Definition. A building that is entirely surrounded by open space and contains two (2) dwelling units.
2. Development and Design Standards.
a. Form and Intensity. See Chapter 17.42 for applicable standards.
b. Pedestrian Access. A paved pedestrian connection at least three (3) feet wide is required between each unit and the sidewalk (or the street if there is no sidewalk). Driveways may be used to meet this requirement.
c. Entries. All units shall feature a covered pedestrian entry (whether individual or shared), such as a covered porch or recessed entry, with minimum weather protection of four (4) feet by three (3) feet.
e. Driveways. See Chapter 17.53 for applicable standards.
f. Off-Street Parking. See Table 17.65.040 for applicable standards.
g. Unit Articulation. Each attached unit featuring a separate ground level entrance in a multi-unit building facing the street shall include at least one (1) of the articulation options listed below. Facades separated from the street by a dwelling or located more than one hundred (100) feet from a street are exempt from this standard. Articulation options:
(1) Roofline change or a roof dormer with a minimum of four (4) feet in width.
(2) A balcony a minimum of two (2) feet in depth and four (4) feet in width and accessible from an interior room.
(3) A bay window that extends from the facade a minimum of two (2) feet.
(4) An offset of the facade of a minimum of two (2) feet in depth from the neighboring unit.
(5) A roofed porch at least fifty (50) square feet in size.
Figure 17.43.010(D). Unit Articulation Options
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3. Multiple duplexes may be built on the same lot provided they meet:
a. The form and intensity standards in Chapter 17.42.
b. The development and design standards above.
E. Triplex and Fourplex.
1. Definitions.
a. Triplex Definition. A building that is entirely surrounded by open space on the same lot and contains three (3) dwelling units.
b. Fourplex Definition. A building that is entirely surrounded by open space on the same lot and contains four (4) dwelling units.
2. Development and Design Standards. Triplexes and fourplexes are subject to the same standards as set forth for duplexes in subsection (D)(2) of this section.
F. Townhouse.
1. Definition. A dwelling unit in a row of at least three (3) such units in which each unit has its own front access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one (1) or more common walls.
2. Development and Design Standards.
a. Townhouses with three (3) to four (4) units are subject to the same standards as set forth for duplexes in subsection (D)(2) of this section plus the standards below.
b. Townhouses with more than four (4) units are subject to the following standards:
(1) Form and Intensity. See Chapter 17.42 for applicable standards.
(2) Driveways. See Chapter 17.53 for applicable standards.
(3) Project Design. See Division VI of this title for applicable standards, except where they are in conflict with townhouse-specific standards in subsections (F)(2)(c) through (F)(2)(e) of this section.
c. For townhouses where the primary pedestrian access to the dwelling is from an alley or private internal vehicular access, buildings shall emphasize individual pedestrian entrances over private garages by using both of the following measures:
(1) Enhance entries with a trellis, small porch, or other architectural features that provide cover for a person entering the unit and a transitional space between outside and inside the dwelling.
(2) Provide a planted area in front of each pedestrian entry of at least twenty (20) square feet in area, with no dimension less than four (4) feet.
Figure 17.43.010(F)(2)(c). Acceptable and Unacceptable Examples of Garage/Entry Configurations
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The left example features a landscaped area and a trellis to highlight the entry. In the middle image, the balconies and landscaped areas deemphasize the garage. In the right image, the lack of landscaping near the entries would not be allowed (where this is the primary pedestrian entry to the unit).
d. Private garages facing the street are prohibited in townhouse buildings with more than four (4) units. Garages shall be provided off of an alley or internal court or drive.
e. Internal Drive Aisle Building Separation. Minimum building separation along uncovered internal drive aisles shall be twenty-four (24) feet. Projections into this minimum building separation standard are permitted for each building consistent with the “interior side setback” projections referenced in Section 17.42.090. The purpose is to provide adequate vehicular turning radius, allow for landscaping elements on at least one (1) side, and to provide adequate light and air on both sides of the dwelling units and vehicle areas, which often function as usable open space for residents.
G. Multifamily.
1. Definition. A building that contains five (5) or more dwelling units. The term also includes any dwelling units that are within a mixed-use building.
2. Standards. Multifamily developments are subject to the following standards:
a. Form and Intensity. See Chapter 17.42 for applicable standards.
b. Driveways. See Chapter 17.53 for applicable standards.
c. Project Design. See Division VI of this title for applicable standards, except where they are in conflict with townhouse-specific standards in subsection (F) of this section.
3. Ground Floor Restrictions. Multifamily units are not permitted on the ground floor in the C and DT-MU zones. Lobbies and other common areas plus structured parking facilities for multifamily developments may be built on the ground floor.
H. Senior Housing.
1. Definition. A type of multifamily building restricted to occupancy by a person or persons who satisfy one (1) of the following requirements:
a. Meet the minimum age in the definition of “housing for older persons” contained in Section 3607(b)(2) of the Federal Fair Housing Act, as amended.
b. Their domestic partners and/or live-in caregivers are fifty-five (55) years of age or older and/or disabled.
c. Standards that apply to multifamily housing also apply to senior housing, unless otherwise noted.
I. Transitional Housing.
1. Definition. A facility that provides housing and supportive service to facilitate movement of individuals and families experiencing homelessness into permanent housing.
2. Transitional housing may take the form of any permitted dwelling type in the household living category; standards for the applicable permitted household living use apply.
J. Permanent Supportive Housing.
1. Definition. Subsidized leased housing, utilizing admissions practices with lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing and is paired with on-site or off-site voluntary services.
2. Permanent supportive housing may take the form of any permitted dwelling type in the household living category; standards for the applicable permitted household living use apply.
A. Group Living Use Category. Residential occupancy of a structure by a group of people that does not meet the definition of household living. Generally, group living facilities have a common eating area for residents and residents may receive care or training. Group living includes the following uses:
1. Adult family home.
2. Assisted living facility.
3. Co-living.
4. Group care living facility.
5. Nursing home.
B. Adult Family Home.
1. Definition. A residential home in which a person or persons provide personal care, special care, room and board to more than one (1) but not more than six (6) adults who are not related by blood or marriage to the person or persons providing the services. RCW 70.128.140 provides that adult family homes are treated the same as single-family homes under applicable regulations.
2. Standards.
a. An adult family home shall be licensed under Chapter 70.128 RCW.
b. The subject use requires a residential rental business license (see Chapter 5.06). State-owned and public housing authority facilities are exempt.
c. Use Permissions in the DT-MU and C Zones. An adult family home is a permitted use when in an existing single-family dwelling.
C. Assisted Living Facility.
1. Definition. A state-licensed multi-unit establishment which provides living quarters and a variety of limited personal care and at least a minimal amount of supportive health care to individuals who are unable to live independently due to infirmity of age, physical or mental handicap, but who do not need the skilled nursing care of a convalescent center or nursing home. Supportive health care may include health care monitoring, such as assistance with medication, but is limited to health care services which may be provided by a boarding home licensed under Chapter 18.20 RCW. These facilities may consist of individual dwelling units with a full kitchen, partial kitchen or no kitchen. In addition, these facilities may have a communal dining area, recreational facilities (library, lounge, game room, open space), and/or laundry facilities. Assisted living facilities do not include adult family homes, as defined in Chapter 70.128 RCW, Sanitaria, convalescent homes and rest homes.
2. Standards.
a. The development of such facilities are subject to the standards in Division VI of this title, Project Design. Such facilities are considered a type of multifamily use for the purpose of complying with the standards of Chapter 17.61, Block Frontage Standards.
b. The subject use requires a residential rental business license (see Chapter 5.06).
D. Co-Living.
1. Definition. A residential development with sleeping units that are independently rented and lockable and provide living and sleeping space, and residents share kitchen facilities with other sleeping units in the building.
2. Standards.
a. The development of such facilities is subject to the standards in Division VI of this title, Project Design. Such facilities are considered a type of multifamily use for the purpose of complying with the standards of Chapter 17.61, Block Frontage Standards.
b. The minimum off-street parking requirements are three-quarters (0.75) space per sleeping unit.
c. The subject use requires a residential rental business license (see Chapter 5.06).
E. Group Care Living Facilities.
1. Definition. A place of residence for the handicapped, physically or mentally disabled, developmentally disabled, homeless or otherwise dependent persons. Group homes are intended to provide residential facilities in a home-like environment. Such homes range from licensed establishments operated with twenty-four (24) hour supervision to nonlicensed facilities offering only shelter. They shall not include correctional facilities (except as authorized by Chapters 137-56 and 137-57 WAC for work/training release programs), nursing homes, foster family homes or adult family homes as defined by the Washington State Department of Social and Health Services or its successor agency.
2. Group homes include, but are not limited to, the following:
a. Confidential Shelters. Shelter for victims of domestic violence as defined and regulated in Chapter 70.123 RCW and Chapter 388-61A WAC. Such facilities are characterized by a need for confidentiality.
b. Home for the Disabled. A home or other facility which provides board and domiciliary care to individuals who, by reason of infirmity, require such care. An infirmity may be based on conditions including, but not limited to, physical handicap, mental illness and other developmental disabilities. These group homes are a type of boarding home, as defined in Chapter 18.20 RCW. However, boarding homes serving the aged infirm are not included in this definition.
c. Homeless Shelter. A facility offering lodging and/or emergency shelter to homeless individuals for an indefinite period of time and meeting the standards of Chapter 248-144 WAC.
d. Group Home for Youth. Any home maintained and operated for the care of children on a twenty-four (24) hour basis as defined and regulated in Chapter 388-73 WAC and Chapter 74.15 RCW.
e. Group Home for Offenders. A home or other facility operated for housing and supervision of work/training release residents during their stay in a work/training release program as defined and regulated in Chapters 137-56 and 137-57 WAC.
f. Group Home. Living facilities for groups of unrelated individuals that include at least one (1) person residing on site who is responsible for supervising, managing, monitoring and/or providing care, training or treatment of residents.
3. The subject use requires a residential rental business license (see Chapter 5.06).
F. Nursing Home.
1. Definition. An establishment providing care for persons recovering from an illness or operation or persons made weak or disabled by illness or injury. Such establishments shall be duly licensed by the state as a “nursing home” in accordance with current state statutes.
2. Standards.
a. Design Standards. For the purpose of meeting the project design standards of Division VI of this title, except for Chapter 17.65, Parking, this use is considered a multifamily use when interpreting applicability provisions.
b. The subject use requires a residential rental business license (see Chapter 5.06).
1. Definition. “Caretaker’s residence” means a dwelling unit located on the premises of a commercial, industrial or public enterprise, and which is occupied by a person who is the owner, proprietor, manager, watch guard, or is otherwise at times in charge of such enterprise.
A. Declaration of Purpose.
1. Purpose of Section. Regulations to insure a suitable living environment for owners of mobile homes are adopted and established as necessary for the general health, safety, welfare and convenience of the inhabitants of the city of Aberdeen.
2. Name of Section. This section shall be known and may be cited as “the Mobile Home Park Ordinance.”
B. Definitions. As used in this chapter, the following terms are described in this section:
“Mobile home” means a manufactured relocatable living unit of not less than thirty-two (32) feet in length.
“Mobile home lot” means a plot of ground within a mobile home park which is plainly marked and designed to accommodate one (1) mobile home.
“Mobile home pad” means that part of the individual lot which is improved to provide an accepted foundation for the placement of the mobile home and any attached accessory structure.
“Mobile home park” means any tract of land of five (5) acres that is divided into lots, under the ownership or management of one (1) person, firm or corporation for the purpose of locating two (2) or more mobile homes for dwelling or sleeping purposes.
“Service building” means a building for the purpose of housing community facilities.
C. Location of Mobile Home Parks.
1. Access. A mobile home park shall have direct access to a public street.
D. General Use Regulations.
1. Occupancy Restrictions. A mobile home shall not be occupied for dwelling purposes unless it is properly placed on a mobile home pad, connected to water, sewage and electrical utilities, and meets all the requirements of the Department of Labor and Industry.
E. Mobile Home Park Site Requirements.
1. Size of Mobile Home Park. No mobile home park shall be developed on any tract of land less than five (5) acres in size.
2. Size of Mobile Home Lots. The minimum size of a mobile home lot shall be four thousand (4,000) square feet for parks of more than ten (10) acres, and five thousand (5,000) square feet for parks of five (5) to ten (10) acres; the minimum width of a mobile home lot shall be forty (40) feet; the lot boundaries shall be plainly marked by corner stakes, fencing, shrubbery, or other means. A mobile home shall not occupy more than one-third (1/3) of its lot.
3. Spacing of Mobile Homes and Accessory Structures.
a. There shall be a distance of fifteen (15) feet between mobile homes and between the park boundary and a mobile home;
b. There shall be a distance of five (5) feet between mobile homes and accessory structures.
4. Setback of Mobile Homes. There shall be a minimum distance of five (5) feet and an average distance of ten (10) feet between an individual mobile home and an adjoining park street.
F. Street System.
1. Internal access roads shall meet the following requirements:
a. Internal access roads shall be privately owned and constructed, and shall be maintained free of cracks, holes and other hazards;
b. All roads and parking lots shall be adequately lighted at night.
2. Paving Required. All park streets and access roads shall be graded and paved with a crushed rock base and asphaltic concrete blacktop, or concrete surfacing to the requirements of the city engineer’s office.
3. All mobile home park proposals shall be approved by the fire department.
G. Off-Street Parking Facilities.
1. Number. There shall be a minimum of two (2) off-street parking spaces on each mobile home lot. Additional common parking facilities shall be provided at the rate of one (1) additional space for every ten (10) mobile home lots. Additional guest parking facilities shall be provided at the rate of one (1) additional space for each five (5) mobile home lots.
2. Size. Each parking space shall be nine (9) feet by twenty (20) feet.
3. Parking Prohibited. Parking spaces shall not be located within the buffer zone required around the perimeter of the mobile home park. Parking shall be only in designated parking areas within the mobile home park. No common parking space shall be located closer than ten (10) feet to any mobile home lot line.
4. Office Parking Facilities. A minimum of two (2) off-street parking spaces shall be provided for the mobile home park office.
5. Paving Required. All common parking areas shall be paved with a crushed rock base and asphaltic concrete, blacktop, or concrete surfacing. Off-street parking areas on individual mobile home lots shall be provided with an adequate all-weather surface.
6. Width. The minimum paved width of an access road or roads shall be thirty-eight (38) feet for roads with parking on both sides and twenty-four (24) feet for roads with no parking.
H. Walkways.
1. Common Walkways. An adequate safe, convenient, all-season common walkway system shall be provided and maintained. Such walkways shall have a minimum width of four (4) feet.
I. Utilities.
1. Potable water supply, sanitary sewerage and storm drainage systems shall all be provided in accordance with the city’s requirements.
2. Electrical power, telephone and television cables shall be installed underground. Terminals may be installed above ground.
J. Mobile Home Pad. Each mobile home lot shall be provided with a pad of sufficient size to accommodate the mobile home and any attached accessory structures. Each mobile home pad shall be surfaced with a minimum of three (3) inches of washed gravel of uniform size. The mobile home pad shall be graded to obtain adequate surface drainage.
K. Commercial Facilities. Commercial facilities designed to serve residents of the park may be allowed in parks greater than ten (10) acres.
L. Buffer, Ground Cover and Recreation Area.
1. Buffer Required. An adequate landscaped buffer or screen shall be required around the perimeter of the park as specified by the board of adjustment.
2. Ground Cover Required. Lawn or other suitable ground cover shall be required on all areas except those covered by structures, by paved or surfaced areas, and by planting beds. Also excepted are undisturbed areas such as ravines and streams which are preserved in their natural state.
3. Recreation Area Required. Not less than five hundred (500) square feet per mobile home site shall be provided for recreational space; provided, however, that no outdoor recreation area shall contain less than two thousand five hundred (2,500) square feet.
M. Storage.
1. Storage shall be provided. Individual storage space for each mobile home shall be provided by the park management, either at each mobile home lot or in a centralized storage facility located within a reasonable distance from the mobile home lot (generally not more than one hundred (100) feet).
2. Size of Storage Space. The amount of storage space provided for each mobile home unit shall be not less than one hundred forty-four (144) cubic feet of usable space, with a minimum height of six (6) feet.
N. Mobile Home Accessories.
1. Accessories Allowed. Normal accessories for mobile homes shall be allowed and may include an awning, carport, ramada, cabana, deck and storage facility.
2. Permanent Structural Additions. No permanent structural additions other than allowed accessories shall be built onto or become part of any mobile home.
3. Skirting Required. All mobile homes shall be fitted with an approved skirting.
4. Steps Required. All mobile homes shall be equipped with steps or ramps meeting the International Building Code requirements.
O. Signs.
1. Signs and advertising devices shall be prohibited in a mobile home park except:
a. One (1) identifying sign at the entrance of the mobile home park which may be indirectly lighted, but shall be nonflashing, and which shall not exceed thirty-two (32) square feet in area;
b. Directional or informational signs for the convenience of tenants and the public relative to parking, office, traffic movement, etc., provided such signs are not larger than two (2) square feet in area.
2. Maximum Height of Identifying Sign. The maximum height of the identifying sign shall be four (4) feet.
P. Requirements for Approval of Mobile Home Park Permit.
1. Permit Required. It is unlawful for any person to construct, alter or extend any mobile home park within the boundaries of the city of Aberdeen unless he holds a valid conditional use permit which is authorized to be issued by the city council.
2. Application for Permit and Filing of Plans. Application to construct, alter or enlarge any mobile home park shall be filed with the building department of the city of Aberdeen.
3. Refusal to Examine Incomplete Plans. The building inspector shall reserve the right to refuse to examine any incomplete, unintelligible or indefinite plans.
4. Information Required on Plans. An accurate map drawn to a scale of not less than one hundred (100) feet to the inch showing the boundaries of the site, all streets bounding the site; the proposed location and vertical height of any buildings; proposed public dedications, if any; location and design of parking facilities including points of ingress and egress; topographic map with contours at intervals of not more than five (5) feet together with proposed grading, drainage and landscaping; location of private and common open space; furnish plan layout and elevation for all utility systems as covered under Section 16.16.090 and any other information required by the building inspector.
5. Application Fee Required. All applications for a conditional use permit for mobile home parks shall be accompanied by the appropriate fee.
Q. Administration.
1. Interpretation. In interpreting and applying the provisions of this chapter, they shall be held to be minimum requirements adopted for the promotion of the public health, safety and general welfare.
2. Conflict of Ordinances. In any case where a provision of this chapter is found to be in conflict with a provision of any other ordinance, code or regulations, the provision which establishes the higher standard for the promotion and protection of the public health, safety and general welfare shall prevail.
3. Effect of Partial Invalidity. If any section, subsection, paragraph, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this chapter; and to this end the provisions of this chapter are declared to be severable.
4. The city council shall establish by resolution any fees or charges for applications, notices, plan reviews, permits, administrative actions, or appeals authorized under this chapter. Applicants shall pay the appropriate fees or charges in effect at the time a completed application is submitted to the reviewing department. No application shall be reviewed or approved unless the appropriate fees and charges have been paid.
R. Enforcement by Designated Officer. It shall be the duty of the building inspector to administer and enforce all provisions of this chapter.
S. Violations—Penalties.
1. Violation Deemed a Misdemeanor. Any violation of the provisions of this chapter or amendments thereto is made a misdemeanor.
2. Each Day Constitutes a Separate Offense. Each day such violation continues may be considered a separate offense.
A. Day Care Use Category. A facility providing care, protection and supervision of children or adults on a regular basis away from their primary residence. Care is typically provided to a given individual for fewer than eighteen (18) hours each day, although the facility may be open twenty-four (24) hours each day. Day care includes the following uses:
1. Mini day care.
2. Commercial day care.
B. Definition. An establishment for group care of nonresident adults or children. Specifically:
1. Day care includes child day care services, adult day care centers, and all of the following:
a. Adult day care, such as adult day health centers or social day care as defined by the Washington State Department of Social and Health Services.
b. Nursery schools for children under minimum age for education in public schools.
c. Privately conducted kindergartens or pre-kindergartens when not a part of a public or parochial school.
d. Programs covering before- and after-school care for school children.
2. Day care establishments are sub-classified as follows:
a. Mini day care—A maximum of twelve (12) adults or children in any twenty-four (24) hour period, based within a residential dwelling, and as provided for in RCW 35a.63.215.
b. Commercial day care—Over twelve (12) adults or children in any twenty-four (24) hour period or day care as a principal use.
C. Standards.
1. All day care facilities and providers shall meet Washington State child day care licensing requirements and shall register with the Department by completing a day care registration form provided by the Department prior to initiation of the use. Upon registration, the day care provider shall be able to demonstrate compliance with the applicable conditions of the city code.
2. In all residential districts, mini day care facilities shall comply with the following requirements:
a. No structural or decorative alterations are allowed which will alter the residential character of an existing or proposed structure.
b. The portion where the children have access shall be separate from the family living quarters, or that portion where the children have access shall be used exclusively for their care during the hours that the child care center is operating.
c. Signs shall be less than six (6) feet square.
d. A safe passenger loading zone shall be provided. Day care centers shall provide parking as provided in Section 17.65.040.
A. Restaurant/Bar Use Category. A facility that prepares and sells food and drink for on- or off-premises consumption. The restaurant/bar category includes, but is not limited to:
1. Bar, nightclub, tavern, lounge.
2. Eating establishment.
3. Food truck.
4. Taproom or wine bar.
B. Food Truck.
1. Definition. A large, wheeled vehicle from which food is sold that typically contains cooking facilities where the food is prepared.
2. Standards.
a. During business operations food trucks shall be located on private property (not in the public right-of-way) unless by special permit through the city of Aberdeen.
b. Food trucks may not install any seating permanently attached to the ground.
c. Food trucks shall provide adequately sized and located waste collection containers during business operations.
C. Sidewalk Cafe.
1. Definition. Outdoor food service areas associated with eating and drinking establishments on public rights-of-way or other public property.
2. Standards. Sidewalk cafes may be permitted under Chapter 12.42 in mixed-use, commercial, and industrial zones, and as conditional uses in all other districts.
D. Taproom or Wine Bar.
1. Definition. A business that primarily sells beer, wine, or cider to customers for on-premises consumption and does not sell hard liquor.
A. General Service Use Category. Includes a category of uses whose primary activity is the provision of service, rental, and/or repair to boats, vehicles, appliances, tools, electronic equipment, machinery, and other similar products for personal, commercial, or civic use. Specific uses in this category include, but are not limited to:
1. Postal and courier services, post office.
2. Small boat sales, rental, and repair (small boats are less than forty (40) feet long, eight and one-half (8.5) feet wide, and fourteen (14) feet tall).
3. Appliance repair.
4. Equipment rentals.
5. Electronic or equipment service.
6. Vehicle repair.
7. Commercial vehicle repair.
8. Municipal service facility.
9. Public safety facility.
10. Car wash.
11. Heavy service.
B. Heavy Service.
1. Definition. General service uses that have any exterior service activities or feature exterior storage areas that total greater than fifteen thousand (15,000) gross square feet or occupy an area larger than the size of the use’s principal building.
C. Public Safety Facility.
1. Definition. A facility for the provision of fire and rescue, medical, police, and emergency response services by a governmental entity.
A. Medical Use Category. A facility providing medical or surgical care to patients. Some facilities may offer overnight care. This category includes, but is not limited to:
1. Blood plasma donation center.
2. Medical or dental laboratory.
3. Hospital, urgent care, or emergency medical office.
4. Medical office for dentist, chiropractor, osteopath, physician, or other medical practitioner.
5. Medical clinic.
6. Medical day care.
7. Suboxone clinic.
B. Hospital.
1. Definition. A building designed and used for medical and surgical diagnosis, treatment, and housing of persons under the care of doctors and nurses. Rest homes, nursing homes, convalescent homes, and clinics are not included.
A. Office Use Category. Activities conducted in an office setting and generally focusing on business, professional, or financial services. Office includes, but is not limited to:
1. Business services including, but not limited to, advertising, business management consulting, data processing, or collection agency.
2. Professional services including, but not limited to, lawyer, accountant, bookkeeper, engineer, architect, counseling, sales office, or travel agency.
3. Financial services, including but not limited to lender, investment or brokerage house, bank, call center, bail bonds, insurance adjuster, real estate or insurance agent, or mortgage agent.
4. Charitable institution (not providing housing or shelter).
5. City, county, state, or federal government office.
6. Radio, TV or recording studio, or utility office.
7. Trade, vocational, or business school.
A. Overnight Lodging Use Category. Accommodations arranged for short-term stays (less than thirty (30) days). Overnight lodging includes, but is not limited to:
1. Bed and breakfast inns and short-term rentals.
2. Hotels and motels.
B. Bed and Breakfast Inns and Short-Term Rentals.
1. Definition. Rental of buildings or rooms within buildings that are otherwise permitted for household living by guests for no more than thirty (30) consecutive days.
2. No more than four (4) guest rooms are offered for rent.
3. Only resident guests may be served meals.
4. No guest may stay for more than thirty (30) consecutive days.
5. All bed and breakfasts and short-term rentals shall be registered with city in compliance with Chapter 5.06, Residential Rental Business License.
A. Parking Use Category. Facilities that provide parking as a principal use.
B. Principal Use Parking Standards in Residential Zones. In the RL and RH zones parking as a principal use is restricted to public parking supporting a public facility such as a library, park, or trail.
A. Personal Service Use Category. Facilities involved in providing personal services to the general public. Personal service includes the following uses:
1. Beauty/hair salon.
2. Catering establishment.
3. Cleaning establishment, dry-cleaning or laundry drop-off facility, laundromat, washeteria.
4. Copy center.
5. Funeral home, funeral parlor, mortuary, undertaking establishment, crematorium, pet crematorium.
6. Optometrist.
7. Palmist, psychic, medium, fortune telling.
8. Tailor, milliner, upholsterer.
9. Tattoo parlor, body piercing.
10. Wedding chapel.
B. Animal Care.
1. Definition. Any building or land used, designed, or arranged for the care of animals. Includes animal grooming, animal hospital, veterinary clinic, pet clinic, animal boarding, animal shelter, cattery, kennel, and animal day care.
2. Outdoor Runs. Animal care uses that include any outdoor activity or component. Standards:
a. Any structure which houses animals which is not fully enclosed and all animal runs shall be located at least one hundred (100) feet from any lot line and three hundred (300) linear feet from any preexisting principal residential structure located on another lot.
b. All pens and kennels used for housing animals (excluding horses, ponies, and cows) shall be surrounded by a black, dark green, or dark brown vinyl coated chain link fence not less than six (6) feet in height, and enclosed on top, or be located in an enclosed structure.
A. Indoor Recreation Category. Includes:
1. Adult entertainment.
2. Amusement center, game arcade, children’s amusement center.
3. Arena.
4. Billiard hall, pool hall.
5. Bingo parlor.
6. Bowling alley.
7. Convention center or conference center.
8. Dance, martial arts, music studio, classroom.
9. Health club.
10. Shooting range.
11. Sports academy.
12. Miniature golf facility.
13. Movie theater or other indoor theater.
14. Skating rink or roller rink.
15. Swimming pool.
16. Extreme sports facility.
B. Indoor Recreation Use Standards. The permissions for civic uses in Tables 17.41.040 and 17.41.050 are based on size (gross floor area), with thresholds of ten thousand (10,000) and twenty thousand (20,000) square feet. Additional standard:
1. A traffic mitigation plan shall be submitted for approval by the city for facilities with more than ten thousand (10,000) square feet of gross floor area. The plan shall address traffic control, parking management (including the mitigation of overflow parking into adjoining residential areas), and traffic movement to the arterial street system. In addition to on-site parking requirements, parking in excess of the maximum may be permitted on existing off-site satellite parking lots, subject to city approval of a joint use agreement. Off-site parking in residential zones shall be limited to lots shared with existing institutional uses, such as schools.
C. Special Indoor Recreational Use. The following use falls under the “recreation, indoor” use category, but due to its unique attributes comes with its own use permissions and standards. This use is not subject to the net floor area parameters under the use permissions in Table 17.41.050.
1. Adult Entertainment.
a. Definition. Means any adult cabaret or adult entertainment facility as defined under Chapter 5.34.
b. Adult entertainment establishments shall be located at least two thousand (2,000) feet from each of the following:
(1) Schools.
(2) Childcare facilities.
(3) Public parks.
(4) Public libraries.
(5) Previously licensed adult entertainment establishments.
A. Outdoor Recreation Category. Includes:
1. Campground.
2. Marinas and boat moorage.
3. Outdoor shooting range.
4. Recreational vehicle park.
5. Swimming pool.
6. Mini-golf facility.
7. Outdoor movie theater.
B. Campground.
1. Definition. An area to be used for transient occupancy by camping in tents, camp trailers, travel trailers, motor homes, or similar movable or temporary sleeping quarters of any kind.
C. Marinas and Boat Moorage.
1. Definition. A use of land involved in the operation of a marina including structures and activities normally integral to the operation of a marina, such as servicing, fueling, pumping-out, and chartering. Marinas may include accessory retail and equipment storage uses that directly support water-dependent activities per the shoreline master program.
D. Outdoor Shooting Range.
1. Definition. An outdoor facility designed and improved to encompass shooting stations or firing lines, target areas, berms and baffles, and/or other related components.
E. Recreational Vehicle Park.
1. Definition. Land containing two (2) or more campsites which are located, established, or maintained for occupancy by people in recreational vehicles or travel trailers which are used for recreation or vacation purposes.
2. Minimum Standards. Recreational vehicle parks shall meet the minimum standards of the Washington Department of Social and Health Services.
3. Streets and Recreational Vehicle Spaces. The arrangement, type, extent, width, grade, and location of all streets and sidewalks shall be considered in their relation to existing and planned streets, topographical conditions, and public convenience and safety, and in their relation to the proposed uses of the land to be served by such streets. The RV park shall make appropriate provisions for:
a. Open spaces and landscaping.
b. Drainage ways.
c. Streets, alleys, sidewalks and other public ways.
d. Water service.
e. Sanitary waste disposal.
f. Parks and playgrounds.
h. Other utilities.
All recreational vehicle spaces shall be provided with safe and convenient access from abutting streets or roads. Alignment and gradients of roads shall be adapted to topography. Surfaces of roads shall be smooth, hard, dense and well drained.
Exposed or disturbed ground surfaces in all parts of every recreational vehicle space shall be covered with gravel or other material, or protected with a vegetative cover, to minimize erosion.
4. Internal Design.
a. Recreational vehicle spaces shall be arranged to facilitate placement and removal of vehicles from individual spaces.
b. Accessory facilities shall be designed and located for safe and convenient use by occupants of the park and to inhibit use by nonoccupants.
c. Recreational vehicle spaces shall be separated from each other and from other structures to allow at least ten (10) feet separation between parked vehicles and structures.
d. The density shall not exceed twenty (20) recreational vehicle spaces per acre of gross site area.
e. All recreational vehicle spaces should be located at least twenty-five (25) feet from a public street or highway right-of-way and shall be set back ten (10) feet from interior roadways.
f. The director may require that recreational vehicle parks located adjacent to industrial or commercial land uses provide screening such as fences or natural growth along the property boundary lines separating the park from such uses.
g. At least one-twelfth (1/12) of the area of the recreational vehicle park shall be developed for a park, open space, or playground area for use of the RV park occupants. The area shall be located so as to conveniently serve all patrons of the recreational vehicle park. Recreation areas may include space for recreation buildings and common facilities such as a laundry.
5. Water Supply. The city engineer shall require that any water supply system which is installed be designed to provide an adequate accessible water supply for fire protection purposes. The water supply system shall meet standards published by the Insurance Services Office: Guide for Determination of Required Fire-Flow.
6. Sewage Disposal. All sewage disposal systems shall meet the minimum standards of the Washington State Department of Social and Health Services, the Washington State Department of Ecology, and the Grays Harbor County environmental health division. The means for sewage disposal shall be subject to approval by the city engineer.
7. Solid Waste. The recreational vehicle park developer shall assure that provisions for collection and disposal of solid waste are available. The means for solid waste collection and disposal shall be subject to approval by the city engineer.
8. Required Facilities. All recreational vehicle parks having more than eight (8) spaces shall have approved facilities for laundry, showers, and restrooms for users of the park.
9. Retail Sales. No retail sales uses are allowed within the park unless a specific site for such use, intended to primarily serve park users, is approved by the city council as part of the conditional use permit.
10. Ownership. In all cases the entire area of an RV park shall be maintained in single ownership.
A. Retail Sales Category. Retail sales include but are not limited to the following:
1. Facilities involving the sale, lease, or rental of new or used products including but not limited to appliances, art supplies, baked goods, bicycles, books, building supplies, cameras, carpet and floor coverings, crafts, clothing, computers, convenience goods, dry goods, electronic equipment, fabric, flowers, furniture, garden supplies, gifts or novelties, groceries, hardware, home improvement, household products, jewelry, medical supplies, music, musical instruments, office supplies, package shipping, pets, pet supplies, pharmaceuticals, photo finishing, picture frames, plants, printed materials, produce, seafood, souvenirs, sporting goods, stationery, tobacco, used or secondhand goods, vehicle parts and accessories, videos and related products.
2. Art gallery.
3. Auction houses and secondhand sales within a building.
4. Building and industrial material retail sales.
5. Farmers’ markets.
6. Heavy retail.
7. Incidental retail sales.
8. Cannabis retail.
9. Outdoor sales accessory to a permitted use.
10. Gas stations.
11. Shopping malls and shopping centers.
B. Special Retail Sales Uses. The following uses fall under the “retail sales” use category, but due to their unique attributes, come with their own use permissions and standards. These uses are not subject to the net floor area parameters under the retail sales permissions in Table 17.41.050.
1. Farmers’ Market.
a. Definition. A temporary location where one (1) or more vendors gather to sell produce, food goods, and sundries from stalls or booths that are put up and taken down each day.
2. Heavy Retail.
a. Definition. Retail uses with exterior sales and/or storage areas greater than fifteen thousand (15,000) gross square feet or occupying a greater area than the use’s principal building. Examples include truck stops, agricultural supplies, plant and landscape design materials, building materials, and heating fuels.
3. Gas Stations.
a. Definition. A retail use that primarily involves automobile fuels. Gas stations include specialized structures for selling fuel and fuel storage tanks, often underground. These establishments may provide incidental services such as automobile maintenance/repair, car washing, and the sale of food and other convenience items (including drive-through restaurants).
4. Cannabis Retail.
a. Definition. A person licensed by the State Liquor and Cannabis Board to sell cannabis concentrates, useable cannabis, and cannabis-infused products in a retail outlet.
1. Vehicle Sales/Rental Category. This category includes, but is not limited to, direct sales, rental or leasing of passenger vehicles, light and medium trucks, and other consumer motor vehicles such as motorcycles, boats, and recreational vehicles.
A. Heavy Industrial Use Category. Any facility that involves production and/or storage of dangerous, noxious or offensive uses or a facility that has smoke, odor, noise, glare, fumes, gas, vibration, use of fire or explosives, emission of particulate matter, interference with radio, television reception, or radiation. Such uses include, but are not limited to:
1. Petroleum and oil refineries.
2. Chemical manufacturing.
3. Wood products manufacturing.
4. Food and beverage manufacturing.
5. Primary metal manufacturing.
6. Fabricated metal products and machinery.
7. Machinery manufacturing.
8. Transportation equipment manufacturing.
A. Light Industrial Use Category. Manufacturing, assembly, repair or servicing of industrial, business, or consumer machinery, equipment, products, or by-products mainly by providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off site. The light industrial category includes, but is not limited to, the following uses:
1. Bottling.
2. Brewery (produce fifteen thousand (15,000) or more U.S. beer barrels annually).
3. Bus or rail transit vehicle maintenance or storage facility.
4. Contractors storage, including janitorial and building maintenance service, exterminator, or other maintenance yard or facility, building, heating, plumbing, landscaping or electrical contractor and others who perform services off site, but store equipment and materials or perform fabrication or similar work on site.
5. Food and beverage products except animal slaughter, stockyards.
6. Seafood processing.
7. Laundry, dry-cleaning, and carpet cleaning plants.
8. Leather and leather products except tanning and finishing.
9. Sheet metal, welding, machine, tool repair shop or studio.
10. Stone, clay, glass, and concrete products.
11. Woodworking, including cabinet makers and furniture manufacturing.
B. Cannabis Processors.
1. The production, processing and retailing of cannabis is and remains illegal under federal law. Nothing herein or as provided elsewhere in the ordinances of the city of Aberdeen is an authorization to circumvent federal law or provide permission to any person or entity to violate federal law. Only state-licensed cannabis producers, cannabis processors, and cannabis retailers may locate in the city of Aberdeen and then only pursuant to a license issued by the state of Washington. The purpose of these provisions is solely to acknowledge the enactment by Washington voters of Initiative 502 and a state licensing procedure and to permit to, but only to, the extent required by state law cannabis producers, cannabis processors, and cannabis retailers to operate in designated zones of the city.
2. Cannabis processors may locate only at designated sites licensed by the state of Washington and fully conforming to state law.
3. In addition to any other applicable remedy and/or penalty, any violation of this section is declared to be a public nuisance per se, and may be abated by the city attorney under the applicable provisions of this code or state law, including but not limited to the provisions of Chapters 1.12, 8.08, and 17.10.
A. Light Manufacturing Use Category. A facility conducting light manufacturing operations within a fully enclosed building. The light manufacturing category includes, but is not limited to, the following uses:
1. Clothing, textile apparel manufacturing.
2. Facilities engaged in the assembly, design, repair or testing of: analyzing or scientific measuring instruments; semiconductor and related solid state devices, including but not limited to clocks, integrated microcircuits; jewelry, medical, musical instruments, photographic or optical instruments; and timing instruments.
3. Printing, publishing, and lithography.
4. Production of artwork and toys, graphic design sign-making, movie production facility, photo-finishing laboratory.
5. Repair of scientific or professional instruments and electric motors.
B. Artisan Manufacturing.
1. Definition. Production of goods by the use of hand tools or small-scale, light mechanical equipment occurring within a fully enclosed building where such production requires no outdoor operations or storage, and where the production, operations, and storage of materials related to production occupy no more than three thousand five hundred (3,500) square feet of net floor area. Typical uses have negligible negative impact on surrounding properties and include woodworking and cabinet shops, ceramic studios, jewelry manufacturing and similar types of arts and crafts, production of alcohol, or food processing.
A. Laboratories and Research Facilities Use Category. A facility focused primarily on the research and development of new products. This includes, but is not limited to, the following uses:
1. Laboratories, offices and other facilities used for research and development by or for any individual or organization whether public or private.
2. Prototype production facilities that manufacture a limited amount of a product in order to fully investigate the merits of such a product.
3. Pilot plants used to test manufacturing processes planned for use in production elsewhere.
B. Research and Development Use Standards. Such uses in the C, DT-MU, and WF zones shall occur within a fully enclosed building.
A. Self-Service Storage Category. Facilities providing separate storage areas for personal or business use designed to allow private access by the tenant for storing or removing personal property. The self-service storage category includes, but is not limited to, the following uses:
1. Warehouse, self-service.
2. Fully enclosed indoor multi-story storage.
3. Mini-warehouse.
B. Self-Service Storage Standards. Uses in the C zone are limited to fully enclosed indoor facilities (all storage units are only accessible from indoors).
A. Warehouse and Distribution Category. Facilities involved in the storage or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer with little on-site sales activity to customers. The warehouse and distribution category includes, but is not limited to, the following uses:
1. Bulk storage, including nonflammable liquids, cold storage plants, including frozen food lockers, household moving and general freight storage, separate warehouse used by retail store such as furniture or appliance store.
2. Distribution facility, central postal facility.
3. Parcel services.
4. Transfer and storage business where there are no individual storage areas or where employees are the primary movers of the goods to be stored or transferred.
5. Trailer storage, drop-off lot.
6. Truck or motor freight terminal, service facility.
A. Waste-Related Service Category. Characterized by uses that receive solid or liquid wastes from others for transfer to another location and uses that collect sanitary wastes or that manufacture or produce goods or energy from the composting of organic material. The waste-related service category includes, but is not limited to, the following uses:
1. Uses that receive solid or liquid wastes from others for transfer to another location, uses that collect sanitary wastes, or uses that manufacture or produce goods or energy from the composting of organic material.
2. Animal waste processing.
3. Landfill.
4. Manufacture and production of goods from composting organic material.
5. Outdoor storage of recyclable material.
6. Scrap materials (indoor storage).
7. Solid or liquid waste transfer station, waste incineration.
A. Water-Oriented Industrial Use Category. Industrial type uses that are either water-dependent, water-related, or water-enjoyment use, or any combination thereof. The water-oriented industrial use category includes, but is not limited to:
1. Ship and boat building and repair.
2. Dry stack boat storage.
3. Maritime administration.
4. Piers and wharfs.
5. Shipping terminals.
6. Boat launch facilities.
7. Commercial fuel services.
B. Boat Launch Facilities.
1. Definition. Boat launch facilities are slabs, pads, planks, rails, cranes, or graded slopes used for launching boats by means of a trailer, hand, or mechanical device.
A. Wholesale Trade Category.
1. Facilities involved in the sale, lease, or rent of products to industrial, institutional, or commercial businesses only. The use emphasizes on-site sales or order-taking and often includes display areas. Businesses may or may not be open to the general public, but sales to the general public are not permitted. Products may be picked up on site or delivered to the customer.
The wholesale trade category includes, but is not limited to, the following uses:
a. Sale or rental of machinery, equipment, heavy equipment, building materials, special trade tools, welding supplies, machine parts, electrical supplies, plumbing supplies, janitorial supplies, restaurant equipment, and store fixtures.
b. Wholesale sales of food, clothing, auto parts, building hardware, and similar products.
c. Battery distribution and processing business.
2. Wholesale trade uses in the F-R zone:
a. Business hours are restricted to 7:00 a.m. to 10:00 p.m.
b. Wholesale trade use may not exceed noise restrictions established in WAC 173-60-040 for Class A areas.
B. Battery Distribution and Processing Business.
1. Definition. A retail or wholesale business engaged in any one (1) or more of the following activities: importation of prepared batteries from either a foreign or domestic source; repackaging, relabeling, or other cosmetic alteration of batteries; shipping, reselling, or otherwise distributing batteries to retail or wholesale customers; minor additions of fluids to batteries to restore their electrical properties; storage of batteries incidental to on-site retail or wholesale operations, related office activities.
A. Uses in the agriculture category include:
1. The raising and harvesting of trees, vines, seeds, plants and crops, as well as the keeping, grazing or feeding of animals (including fish) for animal products, animal propagation, or value increase principally for the purpose of sale to others. The agriculture category includes, but is not limited to:
a. Animal husbandry including, but not limited to, horses, hogs, cows, sheep, goats, swine, poultry, rabbits and other small animals, apiculture, aquaculture, dairying, personal or commercial animal breeding and development.
b. Crop production, soil preparation, agricultural services, large animal and veterinary services, farm labor and management services, research farm.
c. Floriculture, horticulture, pasturage, row and field crops, viticulture, tree or sod farm, silviculture, sale of agriculture products.
d. Fish hatcheries, fish farm.
e. Forestry, timber tracts, forest nursery, gathering of forest products.
f. Grain, fruit, field crop and vegetable cultivation and storage.
g. Livestock, horse, dairy, poultry and egg products.
h. Plant nursery.
i. Restricted agriculture.
B. Animal Husbandry.
1. Definition. The keeping of any domestic animals other than customary household pets.
2. Standards.
a. Horses, ponies, mules, cows and other large mammals.
(1) At least twenty thousand (20,000) square feet of pasture space shall be provided per animal.
(2) No structure providing shelter or care for such animals located within fifty (50) feet of any off-premises dwelling.
b. Sheep, goats and similar animals.
(1) At least ten thousand (10,000) square feet of pasture space shall be provided per animal.
(2) No structure providing shelter or care for such animals located within thirty (30) feet of any off-premises dwelling.
c. Gnawing mammals such as rabbits, chinchillas and nutria; and fowl such as chickens, ducks and geese.
(1) The penned animals are kept in the rear yard at least ten (10) feet from a residence; and
(2) The pens are located no closer than twenty-five (25) feet to any other residence.
(3) All animal pens shall be kept in a clean and tidy condition. There shall be no smells or odors coming from any of the pens.
(4) Roosters are not allowed.
d. Animal husbandry in residential zones shall comply with the above standards and have a residence located on site. Animal husbandry activities in residential zones shall not take place between the hours of 10:00 p.m. and 6:00 a.m.
C. Aquaculture.
1. Definition. The breeding, hatching, or raising of fish or other aquatic plants or animals for sale.
D. Community Garden.
1. Definition. A private or public facility for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one (1) person or family.
2. Sales of produce grown in the garden shall be allowed no more than once per week.
E. Cannabis Producers.
1. Definition. “Cannabis producer” means a person licensed by the state Liquor and Cannabis Board to produce and sell cannabis at wholesale to cannabis processors and other cannabis producers.
2. Standards.
a. Cannabis producers may be located only at designated sites licensed by the state of Washington and fully conforming to state law.
b. Nuisances.
(1) No odor or smoke may be emitted that is detectable at or beyond the walls of the facility, in such a concentration or of such duration as to cause a public nuisance, or threaten health or safety, or to infringe upon the enjoyment of a neighboring use.
(2) The applicant shall install an exhaust system that is designed and constructed to capture sources and contaminants to prevent spreading of contaminants or odors to other occupied parts of the building or surrounding area. The system shall be designed by a licensed Washington State professional engineer.
F. Nursery.
1. Definition. Land, building, structure, or combination thereof, for the storage, cultivation, or transplanting of live trees, shrubs, or plants, offered for sale on or off the premises, including products used for gardening or landscaping.
A. Uses in the civic category include:
1. Places of public assembly that provide ongoing public, educational and cultural services to the general public, as well as meeting areas for religious practice. Civic includes the following uses:
a. Cemetery.
b. College, community college, and university.
c. Community/recreation center.
d. Civic club.
e. Library.
f. Museum.
g. Religious institution.
h. School, public or private (K-12).
2. Note: This category does not include:
a. Government offices, which falls under office use.
b. Trade, vocational, or business school, which falls under office use.
c. Public safety facilities, which falls under general service use.
d. Municipal service facilities, which falls under general service use.
B. Civic Use Standards. The permissions for civic uses in Tables 17.41.040 and 17.41.050 are based on size (gross floor area), with thresholds of ten thousand (10,000) and twenty thousand (20,000) square feet. Additional standards:
1. A traffic mitigation plan shall be submitted for approval by the city for facilities with more than ten thousand (10,000) square feet of gross floor area. The plan shall address traffic control, parking management (including the mitigation of overflow parking into adjoining residential areas), and traffic movement to the arterial street system. In addition to on-site parking requirements, parking in excess of the maximum may be permitted on existing off-site satellite parking lots, subject to city approval of a joint use agreement. Off-site parking in residential zones shall be limited to lots shared with existing institutional uses, such as schools.
2. The storage of buses or vans over ten thousand (10,000) pounds gross weight is permitted on site only if following conditions are met:
a. The location of the parking areas for these vehicles is indicated on the site plan at the time of application.
b. Vehicles shall be leased or owned by the owner or tenant of the site, shall be in operable condition, and shall have a current vehicle registration.
c. Vehicles shall not intrude into public right-of-way or obstruct sight visibility from any driveway.
C. Special Civic Uses. The following uses fall under the “civic use” category, but due to their unique attributes, come with their own use permissions and standards unless otherwise noted. These uses are not subject to the gross floor area parameters under the civic use permissions in Tables 17.41.040 through 17.41.060.
1. Cemetery/Columbarium.
a. Definition. A facility used for the permanent interment of humans or animals or their cremated remains. Includes mausoleum, columbarium, memorial, and pet cemetery.
2. College, Community College, or University.
a. Definition. A private or public educational institution where students attend to earn associate’s, baccalaureate, master’s or doctoral degrees. A college/university may not be considered a trade or vocational school (see office use category, Section 17.44.050).
b. Any school that has greater than one hundred (100) students shall have access onto a collector or arterial street.
3. Community Center.
a. Definition. A building or other enclosed structure open to the general public that is owned and operated by a public agency, or a nonprofit organization, and that is used predominantly for cultural, educational, recreational, or social purposes. Not included in the category of community center are those businesses and occupations defined by this title as a medical use, personal service, general service, office, religious institution, school, private club or fraternal organization.
4. Museums.
a. Definition. A room or building for exhibiting, or an institution in charge of, a collection of books, or artistic, historical, or scientific objects.
5. School, Public or Private (K-12).
a. Definition. An institution of learning for minors, whether public or private, offering regular course of instruction required by the Washington Education Code. This definition includes an elementary school, middle or junior high school, or high school. If said school is located on the grounds of a church or house of worship, it shall be considered a separate principal use if it has a student body in excess of fifty (50) students. Students enrolled in a day care center at the church may not be separately counted as a school.
b. Use Standards.
(1) Any school that has greater than one hundred (100) students shall have access onto a collector or arterial street.
(2) Pedestrian connectivity to the surrounding residential areas is required, where feasible. This includes pathways connecting to surrounding streets.
(3) Accessory day cares associated with any school shall occupy no more than fifty (50) percent of the school structure(s).
A. Parks, Open Space, and Natural Areas Category. Uses focusing on natural areas consisting mostly of passive or active outdoor recreation areas and having few structures. The parks, open space and natural area category includes, but is not limited to, the following uses:
1. Botanical garden, nature preserve, community forest lands, recreational trails.
2. Game preserve, wildlife management area, refuge.
3. Park, including recreation field.
4. Reservoir, control structure, water supply, water well.
5. Plazas.
B. Parks and Plazas.
1. Definitions.
a. “Park” means land owned by the city or other public entity and open to public use for purposes of pleasure, relaxation, exercise and amusement.
b. “Plaza” means a publicly accessible open space usually surrounded by buildings and/or streets where people can gather. Plazas typically include walking surfaces, seating areas and some landscaped elements.
A. Utilities, Major. Large and/or regional public or private utility generation or treatment facilities and possibly having on-site personnel. This category includes, but is not limited to:
1. Water treatment plant.
2. Sanitary sewer and/or stormwater treatment plant.
B. Utilities, Minor. Small and/or local public or private utility distribution facilities and infrastructure with no on-site personnel. This category includes, but is not limited to:
1. On-site stormwater retention, detention, or infiltration facility.
2. Neighborhood-serving telecommunications, gas, or electric facility.
3. Water and sanitary sewer pump station or lift station.
4. Electrical substation.
5. Utility service.
C. Sustainable Energy Generation System.
1. Definition. A system that generates electricity from renewable resources such as solar energy, wind power, tidal power, and geothermal energy.
2. Standards.
a. Principal and Accessory Use Classification. The sustainable energy generation system is a principal use when it generates or has the potential to generate more electricity than needed for buildings and facilities on the site it is located and sends or has the potential to send excess electricity off site.
Systems that only generate electricity for on-site use are accessory (see Sections 17.47.010 and 17.47.020 for accessory use and structure standards), unless the director determines the system is a principal use based on system characteristics such as size, design, or off-site impacts.
Exception. Solar energy systems attached to a rooftop and which send excess electricity off site may be considered an accessory use.
b. Location on Buildings. Sustainable energy generation systems may be located on building exteriors provided they comply with setback and building height standards for the zone.
c. Nuisances. Uses, processes, equipment employed, and materials stored shall not inflict upon neighboring properties fumes, noise, vibrations, odor, refuse matter, water-carried waste, or other nuisances or hazards detrimental to the health, welfare, and safety of persons occupying or visiting the zone or adjacent zones above that which is allowed by local, state, and federal standards.
D. Industrial-Scale Battery Energy Storage System.
1. Definition. “Battery energy storage systems” or “BESS” means a facility consisting of any combination of electrochemical storage batteries, battery chargers, controls, power conditioning systems and/or associated electrical equipment, including transmission lines, whether assembled together or separately, capable of storing at least two hundred (200) megawatt hours of electrical energy in order to supply energy at a future time to the electrical grid of a public utility provider(s).
2. Standards.
a. BESS are prohibited within one thousand (1,000) feet of lots zoned RL, RH, and F-R zones.
b. Landscape buffering must meet the standards of heavy industry in Table 19.64.060(A).
c. Outdoor lighting must comply with Section 17.62.070.
d. The facility shall not create odor, noise, or vibrations that are readily detectable by the human senses beyond the boundaries of the site.
e. Building and equipment surfaces shall have cladding or coating that provides a durable and non-glare surface, such as galvanized metal or powder-coated paint.
f. An emergency management plan shall be developed for each facility in coordination with the Aberdeen fire department.
A. Accessory uses and structures are permitted in conjunction with allowed principal uses. Allowed accessory uses and structures include those listed in this chapter and additional accessory uses and structures that, as interpreted by the director, meet the following:
1. Are clearly incidental to and customarily found in connection with an allowed principal building or use.
2. Are subordinate to and serving an allowed principal building or use.
3. Are subordinate in area, extent, and purpose to the principal building or use served.
4. Contribute to the comfort, convenience or needs of occupants, business or industry in the principal building or use served.
5. Are located on the same lot as the principal building or use served.
B. No accessory use or structure may be established on a lot prior to the establishment of a permitted principal use.
C. Detached accessory structures shall comply with all yard and lot coverage requirements for the zone in which they are located provided:
1. No accessory structure shall be located in a clear vision triangle.
2. No detached accessory structure shall be larger than nine hundred (900) square feet or fifty (50) percent of the living area of the primary residence, whichever is greater, to a maximum of one thousand two hundred (1,200) square feet.
3. No standard of this section shall be construed to permit maximum lot coverage standards to be exceeded.
A. Definition. An additional dwelling unit that shares a lot with a household living use.
B. Purpose. The purpose of an accessory dwelling unit is to:
1. Add affordable units to existing housing and make housing units available to moderate-income people who might otherwise have difficulty finding homes within the city.
2. Promote the development of additional housing options in residential neighborhoods that are appropriate for people at a variety of stages of their lives.
3. Provide homeowners with a means of obtaining, through tenants in either the accessory dwelling unit or the principal residence, rental income, companionship, or security.
4. Protect neighborhood stability, property values, and the character of the neighborhood.
C. Standards and Criteria.
1. When and Where Permitted. An ADU may be established in any zone on a lot with a single-family house, duplex, or triplex. An ADU may be created by any one (1) or combination of the following methods:
a. Alteration of interior space of an existing residence.
b. Conversion of an attic, basement, attached or detached garage, or other portion of a residence.
c. Addition of a living area enclosed within the principal building.
d. Construction of a detached living area.
e. Associated with the construction of a new single-family dwelling (where permitted).
2. One (1) off-street parking space is required in addition to the off-street parking spaces required for the primary residence. Parking shall be provided in the rear of the lot or on a driveway.
3. Number. Each residential building may have only one (1) ADU.
4. Maximum Size. The ADU may not exceed eight hundred (800) square feet habitable area of the primary residence, whichever is smaller. If the ADU is located on a single floor and there is no increase in the size of the primary residence, the community development director may allow an increase in the permitted size to efficiently use the floor area.
5. Habitable Area. Habitable area shall be the sum of the following areas within one (1) accessory dwelling unit:
a. Living room, bedroom, dining room, family room and similar living areas with a ceiling height of a least seven (7) feet six (6) inches.
b. Kitchen, hallway, bathroom with a ceiling height of at least seven (7) feet.
c. In rooms with sloping ceiling, at least one-half (0.5) of the room area need meet the ceiling height prescribed above, except that no area with a ceiling height of less than five (5) feet shall be considered habitable area.
A. Purpose. The purpose of a home occupation is to allow certain activities to be undertaken for gain or profit within a dwelling, or a building accessory to a dwelling, in any zone in which dwellings are present, while maintaining the residential character of the property and avoiding detrimental effects to the surrounding neighborhood.
B. Applicability. This section applies to all home occupations except a home office or home telephone or internet sales, or similar use, with no customer or employee visits to the site.
C. Home occupations shall be an outright permitted use in all zoning districts and shall meet the following minimum requirements as a condition of approval:
1. No person other than residents of the dwelling unit is engaged or employed in the home occupation, and the number of residents employed in the home occupation shall not exceed two (2) individuals.
2. No more than one (1) building-mounted sign up to six (6) feet square is displayed which would be visible from outside the dwelling unit.
3. No toxic, explosive, flammable, combustible, corrosive, medical waste, radioactive, or other restricted materials are used or stored on the site.
4. No outside operations, storage or display of materials or products.
5. There may be no exterior indication of the occupation, including no outdoor storage related to the occupation, nor exterior modification of the building(s) to accommodate the occupation.
6. The total area utilized for home occupations on a premises shall not exceed twenty-five (25) percent of the total floor area of a residence.
7. If the occupation requires that customers or clients visit the premises, adequate off-street parking shall be a condition of the permit, and traffic generated by the business may not exceed that which might reasonably be generated by residential use of the premises.
8. A home occupation permit may not be transferred to another person.
9. All regular business license requirements shall be met.
10. There will be no sales on the premises and no commercial truck deliveries in connection with the home occupation. Parcel delivery services may deliver parcels to the home occupation.
11. No newspaper, radio or television service shall be used to advertise the location of home occupation to the general public.
12. No more than one (1) home occupation shall be permitted within any single residence or accessory structure.
13. No equipment or process shall be used in a home occupation which creates noises, vibration, glare, fumes or odor detectable to the normal senses beyond the boundaries of the property.
14. No repair of small engines or motor vehicles is permitted.
D. Enforcement Procedures.
1. Any aggrieved person believing that a violation or violations of this chapter is occurring, and who desires that action be taken by the city, shall notify the department in writing of such alleged violations. The department shall complete an investigation of the allegation(s) to determine the merits thereof.
2. If the department determines that no violation as alleged or otherwise is occurring, then notification of that decision in writing shall be given to the complaining person.
3. If the department determines that a violation is occurring or has occurred, then notification of that decision and a time for compliance shall be sent to both the violator and complaining person. The notification shall also state what action, if any, will be taken if compliance is not timely effected. If compliance is not met by the violator within the time frame provided, the department may revoke the home occupation permit.
A. Purpose. The purpose of this section is to define means by which temporary uses of property may be allowed, so long as those uses are compatible with, or have limited impact on, neighboring properties and the public at large.
B. Temporary Uses. No temporary use of property shall be allowed unless a temporary use permit is approved by the city as prescribed by this section. Each separately proposed activity or use shall require a separate permit and pay the applicable fee.
C. General Standards. Temporary uses are subject to the following regulations:
1. Temporary uses not listed in subsection (D)(1) of this section may be authorized by the community development department director, provided such temporary uses are similar to and no more intensive than other temporary uses permitted in the district in which the subject property is located.
2. The community development department director may apply additional conditions to any temporary use permit in order to:
a. Ensure compliance with this chapter;
b. Ensure that such use is not detrimental to neighboring properties and the community as a whole; and
c. Ensure compliance with the building code.
d. Procedures to define and implement this process in accordance with state and federal law will be periodically updated by the community development department.
3. Within three (3) days after termination of the temporary use permit, such use shall be abated and all structures, signs and evidence of such use removed. The community development department director may require that a financial surety be posted by the applicant upon application to defray the costs of cleanup and repair of the property should the permittee fail to do so. The property owner is responsible for such abatement action and costs should the permittee fail to properly clean and repair the property.
4. Temporary use permits not exercised within thirty (30) days of issuance shall be null and void.
5. Unless otherwise stated in the application and through city council approval, temporary use permits are valid from the date of issuance for ninety (90) consecutive days per calendar year.
6. Unless otherwise stated in this section no more than two (2) temporary use permits will be issued for any location per calendar year.
7. Nothing in this section shall exempt the applicant from obtaining all necessary applicable permits from all other agencies having jurisdiction.
8. Unless otherwise stated in the application and through city council approval, the hours of operation, including the use of generators and lot lighting, excluding security lighting, shall be limited to 7:00 a.m. to 10:00 p.m. Security lighting shall be shielded to prevent light spillage onto adjacent properties.
D. Specific Temporary Use Standards. The following temporary uses are permitted in commercial districts, subject to the following regulations:
1. Events to include: carnivals, circuses, amusement rides, revival tents or any temporary amusement, entertainment, public assembly or activity, limited to operation of not more than twice each year and not more than ten (10) consecutive days per event site in any one (1) calendar year, can be permitted after obtaining a temporary use permit from the Aberdeen city council. The city council may require such conditions as are necessary to ensure compliance with the following criteria:
a. There will be no interference with the activities of nearby residents or businesses;
b. Traffic circulation will not be unnecessarily impeded and there will be provisions for adequate parking and means of ingress and egress;
c. Sound or lighting will not be a nuisance to neighboring residents or businesses;
d. There will be adequate provisions for water supply and sanitary facilities;
e. Police and fire chief have approved the activity.
2. Off-site contractor’s offices (including trailers and mobile homes) and storage yards associated with an active construction project, not to exceed one (1) year in duration.
3. Mobile Vendors.
a. Temporary use permits for mobile vendors are valid for one (1) year from the date of issuance.
b. Approval from the property owner, or underlying property owner if located in a right-of-way, is required.
c. Mobile vendors located within the sidewalk/parking right-of-way shall comply with the following rules:
(1) Only two (2) mobile vendors shall be permitted per block face.
(2) Public sidewalks used by mobile vendors shall have a minimum width of eight (8) feet.
(3) In no instance shall the clear walking area around a sidewalk vendor be less than forty-eight (48) inches.
(4) The maximum length of space occupied by a mobile vendor and equipment is twelve (12) feet.
(5) Mobile vendor stands shall be readily movable at all times.
(6) Mobile vendors shall locate their stands at the portion of the sidewalk away from the curb.
(7) All locations shall be approved on a first-come, first-served basis.
d. Parking lot and other outdoor sales of merchandise and/or services unrelated to the primary use of the property shall comply with the following:
(1) Merchandise displays may only occupy parking stalls which are in excess of city parking requirements.
(2) There shall be no obstruction of emergency exits, fire lanes or other emergency apparatus.
(3) Sales areas shall be maintained in an attractive and trash-free manner.
(4) Sales areas shall not substantially alter the existing circulation pattern of the site.
e. Temporary commercial wireless communications facilities, for the purposes of providing coverage of a special event such as news coverage or sporting event. Such facilities shall comply with all federal and state requirements.
4. Violations. At any time a temporary use is operated in violation of required conditions of this section or of the permit or otherwise found to constitute a nuisance, the city may take appropriate enforcement action including the process set forth at Section 17.10.110.
The purpose of this chapter is:
A. To permit nonconforming uses or structures to continue until they are removed, but not to encourage their survival, except as expressly provided in this chapter.
B. That nonconforming uses or structures may not be used as grounds for adding other structures or uses prohibited elsewhere in the same zone.
C. That nonconforming uses or structures not be allowed to expand, be altered, or reconstructed except as otherwise outlined in this chapter.
A. Any lot, building, structure, or use of land, legally permitted or established, must be permitted to continue consistent with this chapter. A change in occupancy or ownership does not affect the right to continue such use, building, or structure.
B. Any use for which a conditional use permit has been obtained is not a nonconforming use so long as the requirements of the conditional use permit are met.
A. Nonconforming Uses.
1. A building containing a nonconforming use may be maintained, repaired, or brought up to more current structural and safety standards.
2. No nonconforming use may be permitted to be enlarged, altered, or expanded. This includes structural alterations not required by law and any enlargement that changes parking requirements.
Exception. A nonconforming use may be extended throughout any part of the building which was designed for the use prior to the adoption date of this chapter.
B. No nonconforming use may be allowed to be reestablished after abandonment. Thereafter, the use of the building, structure or site must be in conformity with the regulations for the zone in which it is located.
C. A nonconforming use may not hereafter be changed to any other nonconforming use, regardless of the conforming or nonconforming status of the building in which it is housed.
A. Routine maintenance, cosmetic changes (such as new siding, windows, or roofing), changes to improve energy efficiency, changes to a structure to address unsafe conditions, or upgrading inadequate utilities must not be considered alterations.
B. When a nonconforming building or structure is damaged by fire, natural disaster, or other calamity, and structural repairs needed to maintain a building or structure in a safe structural condition, the building or structure may be restored or replaced provided:
1. A complete application for reconstruction or replacement is submitted within one (1) year of the damage.
2. That the restoration or replacement must be made to conform to the regulations of the zone in which the building or structure is located, or if such regulations cannot physically be met without reducing the size of the building, the restoration may not extend any nonconformity that existed prior to the damage.
C. Additions to nonconforming structures that meet all applicable zoning dimensional standards will not be considered an enlargement under this section.
A. For the purposes of this section, abandonment will mean:
1. An intention to abandon; and
2. An overt act, which carries the implication that the owner does not claim or retain any interest in the right to the nonconforming use.
B. Conformance After Abandonment. If any nonconforming use of land, building, or structure ceases for any reason whatsoever for a period of one (1) year or more, any future use of such land, building or structure must thereafter be in conformity in the zone in which it is located. The mere presence of a structure, equipment, or material will not be deemed to constitute a continuance of a nonconforming use unless the structure, equipment, or material is actually being occupied or employed in maintaining such use.
C. Procedure for Verifying Abandonment. When the department obtains information indicating that a nonconforming use, building or structure has or may have been abandoned, the department must send a letter by certified mail return receipt requested to the property owner requesting confirmation of either abandonment or nonabandonment. Documentation that the nonconforming use, structure, or building has been occupied, used, or maintained within the last year will be required. After notification, if the owner fails to respond to the request within sixty (60) days, the building, structure, or use will be deemed abandoned. If the owner replies that the building, structure, or use is not abandoned, the director may initiate a Type 1 review (as set forth in Section 17.20.030) to determine if the abandonment has occurred.