Chehalis City Zoning Code

To implement the comprehensive plan including providing for adequate light, air, access and open space for all development; enhance safety from fire and other dangers; require adequate provisions for essential public services; provide for the availability of essential public facilities; and create a balance between maximum flexibility in the use of land and providing high quality development for the health, safety, and welfare of the community.

To classify all land within the city and the urban growth area (UGA) into regular and special land use zones, and within each zone, regulating the uses and structures as appropriate, and requiring specific amenities to accomplish the goals and policies of the comprehensive plan.

To regulate, control and manage hazardous waste; plan for and manage the release of hazardous substances; promote the reduction of hazardous waste; and encourage the recycling of hazardous waste.

To ensure that environmental concerns are discussed during the development review process, and that the decisions relating to development reflect adopted environmental values.

The provisions of this title shall apply, as specified herein, to any and all development, construction, use of property, use of buildings and any other activity which impacts or involves the provision of government services.

The granting or approval of any permit or license, or the exemption of any activity from such permit or license, shall not constitute a representation, guarantee, or warranty of any kind, sort or nature by the city, or any elected or appointed official or employee thereof, as to the practicality, safety, appropriateness, viability, feasibility, or risk associated with any use, building or structure and such granting or exemption shall create no liability whatsoever, nor any cause of action against the city or any official or employee thereof, for any direct or consequential damage that may result from such activity.

The provisions of this title shall be interpreted and construed to be minimum standards. Nothing herein shall prevent a permit holder from exceeding the minimum standards unless such activity otherwise violates any provision of this title. Where a conflict may occur between two or more standards adopted by this title, the most restrictive or that requirement imposing the higher standard shall prevail.

The administration and enforcement of this title shall not include civil agreements for which the city is not a contractual party.

Any application for any license, permit, or approval required by this title shall have attached thereto the required application fee, if any, specified by resolution which can be found in the city clerk’s office. No application will be considered complete unless the required fee, if any, is attached thereto.

Any license, permit or approval which has been officially approved by the city shall have the required permit fee, if any, specified by resolution which can be found in the city clerk’s office submitted prior to issuance of the license, permit or approval. No license, permit or approval will be issued until the required fee, if any, is submitted.

Any building or structure which was lawfully in existence on the date of adoption of the ordinance codified in this title shall be allowed to be repaired and maintained to its existing status without regard for the provisions of this title, provided such repair or maintenance shall comply with any applicable provisions of the building code.

Any addition, substantial remodel, substantial repair, or demolition of all or part of any building or structure which was lawfully in existence on the date of adoption of the ordinance codified in this title shall comply with all applicable provisions of this title.

Any existing building or structure which violated any applicable law, ordinance, code, rule, or regulation prior to the date of adoption of the ordinance codified in this title shall acquire no vested rights and may be abated upon discovery of such violation by the city.

Any use or occupancy of a building, structure, and/or property which was lawfully in existence on the date of adoption of the ordinance codified in this title may continue such use or occupancy in the same manner and status without regard for the provisions of this title.

Any change in use or occupancy of a building, structure, or property from that which was lawfully in existence on the date of adoption of the ordinance codified in this title shall comply with all applicable provisions of this title.

Any existing use or occupancy of a building, structure, or property which violated any applicable law, ordinance, code, rule, or regulation prior to the date of adoption of the ordinance codified in this title shall acquire no vested rights and may be abated upon discovery of such violation by the city.

No existing use or occupancy shall be changed or altered so as to constitute a different occupancy group in the International Building Code (IBC) without approval of the development review committee (DRC). Such approval shall require an application to the administrator for such change, and an inspection by the DRC of the premises proposed to be changed or altered.

Any change in use or occupancy shall be made to comply with any applicable provisions of this title, including, but not limited to, CMC § 17.09.185, Conditional use permits, the adopted uniform codes and the adopted development engineering standards.

Any change in use or occupancy of any property which has not been approved by the DRC, and which violates any provision of this title, shall constitute a public nuisance and shall be abated as provided in CMC § 7.04.130. Any cost to the city occasioned by such unlawful use or occupancy shall be recovered by placing a lien on such property or other such method as may be applicable and effective.

Any nonconforming building or structure which was lawfully in existence on the date of adoption of the ordinance codified in this title may continue such existence; provided, that no fire, life/safety or sanitation hazard exists within such building or structure.

Any nonconforming building or structure which was unlawfully created by action or acquiescence shall not acquire any vested rights by virtue of any provision of this title. Upon discovery of such a building or structure, the DRC shall require abatement of any unlawful construction as provided in CMC § 17.09.215.

An existing nonconforming building or structure shall be maintained and/or repaired so as to not constitute a substandard building or structure as defined in the Uniform Housing Code (UHC).

Any addition, substantial alteration, or substantial repair performed on an existing lawful nonconforming building or structure shall require such work to conform to the applicable provisions of this title; provided, if the only aspect of nonconformance is a building or structure setback, such work may proceed at the same building or structure setback as it currently exists as long as all other applicable requirements of this title are accomplished.

If a nonconforming building or structure is damaged by fire, explosion, act of God, or act of the public enemy such that the cost of repair of the building or structure to its status prior to the damage is less than 50 percent of the value of the building or structure prior to the damage, such repair may be made without full compliance with the requirements of this title, provided:

If a nonconforming building or structure is damaged by fire, explosion, willful demolition or removal, act of God, or act of the public enemy such that the cost of repair or replacement of the building or structure to its status prior to the damage is 50 percent or more of the value of the building or structure prior to the damage, such building or structure shall be brought into compliance with all applicable provisions of this title, provided the owner of such property may request specific relief from this requirement for cause through a variance application.

Any building or structure for which a completed development permit application has been submitted prior to the date of adoption of the ordinance codified in this title, and which does not comply with all applicable provisions of this title, shall be reviewed for consistency with the development regulations that were effective prior to the adoption of the ordinance codified in this title, and shall be considered a nonconforming building or structure under this title.

Any nonconforming use which was lawfully in existence on the date of adoption of the ordinance codified in this title may continue such existence; provided, that no identified public nuisance is created by such use.

Any nonconforming use which was unlawfully created by action or acquiescence shall not acquire any vested rights by virtue of any provision of this title. Upon discovery of such a use, the administrator shall require abatement of any unlawful use as provided in CMC § 17.09.215.

An existing nonconforming category of use (use code) shall not be converted, changed in category of use or occupancy, significantly altered or otherwise made increasingly nonconforming. Such a use may apply for a conditional use permit for such an increase.

Any existing nonconforming use which is discontinued from a premises for any reason for more than 90 days shall be considered vacated, provided:

An existing nonconforming use which proposes to relocate from one premises to another shall comply with all applicable requirements for the “new” premises. No vested rights of the nonconforming use may be transferred to another premises.

Any existing building or structure which is damaged by any means, or becomes dilapidated, to the extent that it fails to comply with the building and/or fire code requirements for its normal use or occupancy shall be repaired or demolished as provided in this section and the applicable building and fire codes.

Damaged buildings and structures may be repaired consistent with CMC §§ 17.03.050 or 17.03.080 (existing conforming/nonconforming buildings or structures).

Dilapidated buildings and structures, upon receiving an abatement notice from the city, shall be repaired or demolished consistent with this title and the adopted building and fire codes.

Repair or demolition of damaged or dilapidated buildings and structures shall be commenced within 14 days of the date of any abatement notice issued by the city provided:

Any damaged or dilapidated building or structure which is not repaired or demolished within the required time limits established in the building permit issued for such project shall constitute a public nuisance and shall be abated by the city. Abatement may include demolition of the subject premises and issuance of a criminal citation to the person responsible for such premises. (See also CMC § 7.04.130, Nuisances, and CMC § 17.09.215.)

Lewis County may approve additions or revisions to the Chehalis urban growth area (UGA) pursuant to their authority under the Growth Management Act (GMA). The county must determine the process, scheduling, procedure and required elements of any proposal for any additions to, or alteration of, any UGA, and advise the cities of their procedure and requirements. The county currently uses the planned growth committee to review UGA proposals, but the county may change their process in the future.

Any petition for addition or alteration of any Chehalis UGA must be submitted to the city prior to the last day of a calendar year for review and decision by the city and the county the following calendar year. This schedule may be revised by the county at their discretion and authority. A petitioner is encouraged to determine the county’s requirements for petitions to amend a UGA prior to any submittal.

Any petition for amendment to any Chehalis UGA must be accompanied by the required needs analysis as determined by the county. The county should determine the nature and content of a needs analysis under the GMA and make guidance documents available for use by the public and the city.

If a petition for amendment to a UGA is submitted by the city, the required needs analysis shall be accomplished by the city and attached to the petition. If a petition for amendment to a UGA is submitted by a citizen or group of citizens, the required needs analysis shall be performed by a qualified consultant at the discretion of the citizen or group and attached to the petition.

The city shall make available copies of all existing specific data relating to a needs analysis performed by a consultant when requested. The city shall not be required to generate data for any needs analysis unless the city determines that it is in the best interest of the city to do so.

The city will present any petitions for amendment to the Chehalis UGA to the county as required through the applicable county process, including public hearings, but the needs analysis and any additional information required by the county shall be the responsibility of the petitioner. Any decision made by the county in the review and approval or denial of any UGA petition may only be appealed as provided in the GMA.

Each parcel of real property within the city’s adopted urban growth area (UGA) shall be designated with one of the regular land use zones identified in Division V of this title.

Each parcel of real property within the city’s adopted UGA shall be designated with one or more environmental districts identified in Division III of this title if such property satisfies the applicable criteria for such designation.

Each parcel of real property within the city’s adopted UGA may be designated with one or more special districts identified in Division IV of this title if such property satisfies the applicable criteria for such designation.

In the case of additional properties added to the city’s UGA by Lewis County, or official action of the growth hearings board, and where a specific land use zone has not been incorporated into the official action adding such property to the UGA, the default land use zone shall be:

At such time as Lewis County, or the growth hearings board, may designate, reduce, enlarge or otherwise amend or alter the city’s UGA, the official map of such UGA shall be amended to reflect the city’s zoning designations consistent with subsection (A), (B), (C) or (D) of this section.

Any action of the county or the hearings board relating to the city’s adopted UGA which causes any inconsistency between the UGA, the comprehensive plan or this title shall be corrected as provided in CMC § 17.09.210, Rezones, zoning regulations and comprehensive plan amendments, and the administrator shall be the petitioner under such circumstance.

Any proposal to change any land use zoning designation, including any prior zoning designation or any default zoning designation by any party including the city shall be submitted as provided in CMC § 17.09.210, Rezones, zoning regulations and comprehensive plan amendments.

No land use zoning designation by the city relating to any real property in the UGA shall have any effect on any development proposal therein except:

Annexation of property to the city shall comply with all applicable provisions of the Revised Code of Washington (RCW).

Annexed property shall be designated with one of the regular land use zones identified in Division V of this title as a part of the annexation process.

Annexed property shall be designated with one or more environmental districts identified in Division III of this title if such property satisfies the applicable criteria for such designation as a part of the annexation process.

Annexed property may be designated with one or more special districts identified in Division IV of this title if such property satisfies the applicable criteria for such designation as a part of the annexation process.

Nothing herein shall preclude the city council from specifying other conditions of approval for any annexation proposal to accomplish the goals and policies of the comprehensive plan.

A valid and fully complete building permit application for a structure that is permitted under the zoning or other land use control ordinances in effect on the date of the application shall be considered under the building permit ordinance in effect at the time of application, and the zoning or other land use control ordinances in effect on the date of application. In accordance with RCW 4.04.010, any other statutory codification of the vested rights doctrine limits the common law interpretation and application of such doctrine.

The requirements for a fully completed application shall be defined by the Chehalis Municipal Code but for any construction project costing more than $5,000 the application shall include, at a minimum:

The information required on the building permit application by subsections (B)(1) through (B)(4) of this section shall be set forth on the building permit document, which is issued to the owner, and on the inspection record card which shall be posted at the construction site.

The information required by subsection (B) of this section and information supplied by the applicant after the permit is issued under subsection (E) of this section shall be kept on record in the office where building permits are issued and made available to any person on request. If a copy is requested, a reasonable charge may be made as established by council.

If any of the information required by subsection (D) of this section is not available at the time the application is submitted, the applicant shall so state and the application shall be processed forth-with and the permit issued as if the information had been supplied, and the lack of the information shall not cause the application to be deemed incomplete for the purposes of vesting under subsection (A) of this section. However, the applicant shall provide the remaining information as soon as the applicant can reasonably obtain such information.

The limitations imposed by this section shall not restrict conditions imposed under Chapter 43.21C RCW.

Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement. A development agreement and the development standards in the agreement govern during the term of the agreement, or for all or that part of the build-out period specified in the agreement and may not be subject to an amendment to a zoning ordinance or development standard or regulation or a new zoning ordinance or development standard or regulation adopted after the effective date of the agreement. A permit or approval issued by the county or city after the execution of the development agreement must be consistent with the development agreement. In accordance with RCW 4.04.010, nothing in this section nor any other statutory codification of the vested rights doctrine limits the common law interpretation and application of such doctrine.

A proposed division of land, as defined in RCW 58.17.020, shall be considered under the subdivision or short subdivision ordinance, and zoning or other land use control ordinances, in effect on the land at the time a fully completed application for preliminary plat approval of the subdivision, or short plat approval of the short subdivision, has been submitted to the appropriate county, city, or town official. In accordance with RCW 4.04.010, neither subsection (A) of this section nor any other statutory codification of the vested rights doctrine limits the common law interpretation and application of such doctrine.

Certain definitions relating to uses and occupancies are identified in Appendix Chapter F[1] and may be different from definitions found in the adopted uniform codes. Where a difference exists between the definitions contained in the uniform codes and Appendix Chapter F, the code definitions shall apply in the administration and enforcement of the uniform codes, and the appendix definitions shall apply in all other circumstances.

The administrator shall interpret and apply the definitions identified in Appendix Chapter F as they relate to the administration of this title. The most narrow definition shall first be applied to a specific project or proposal.

Permits Required. Except for specific exempted activity defined in the adopted building code, and/or defined in the development engineering standards, no development, earthwork, utility work, subdivision, building, structure, building usage, property usage, or other similar activity regulated by this title shall be initiated, erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, or demolished unless a development permit and/or certificate of occupancy is issued by the city for such activity.

Application Form. Application for a development permit shall be on forms specified by the city and shall contain the information required for review by the city. Required information shall include, but not be limited to, that information specified in the building code relating to building permits, and that information specified in the development engineering standards relating to utility and/or right-of-way development activity. In addition, development within environmental districts or special districts will require specialized information or required meetings with the DRC relating to such a district. Such information shall also be submitted for review whenever applicable.

Review. The development review committee (DRC) shall determine if such application is exempt from a development permit and, if so, such application shall be reviewed as an application for a certificate of occupancy. The DRC shall document such exemption in the permanent file for the subject address.

Failure of an applicant to submit required information within 30 days of a written notice to do so shall constitute an abandoned application and shall therefore acquire no vested rights.

Nothing herein shall preclude an applicant from requesting that the city issue a development permit for exempt activity. Such a request shall be reviewed as if it were a required permit application.

Authority. Pursuant to the State Building Code Act (Chapter 19.27A RCW), certain codes, rules, and regulations, as the same now exist or may hereafter be amended, supplemented or added to, shall be, and the same hereby are, adopted by reference, including additions, deletions, and amendments to the codes (Chapters 51-40 through 51-47 WAC); the Washington State Energy Code (Chapter 51-11 WAC); the Washington State Historic Building Code (Chapter 51-19 WAC); and the Washington State Ventilation and Indoor Air Quality Code (Chapter 51-13 WAC), which are promulgated by the Washington State Building Code Council. In addition, certain code appendices and specialized codes are also adopted by reference. Such codes, rules, and regulations are enumerated in CMC § 17.10.010, Codes adopted – Copies on file, and are adopted by reference as fully set forth herein.

Engineering Standards. Any and all development which occurs upon or abutting a public right-of-way, and any and all development which involves any extension, connection, or any other direct or indirect association with any water, wastewater and/or storm water utility component, and/or any land-disturbing activity, shall comply with the development engineering standards. Such standards are specified in the development engineering standards and are applicable as determined by the director of public works or designated consultant.

A development application subject to this title shall not be approved unless the applicant has obtained approval under CMC Title 12 and constructed the required improvements or provided the mitigation fee as allowed in Chapter 12.64 CMC.

The city manager or his/her designee is authorized to determine the classification of review for any permit or approval not identified on the following table.

It is the goal of the city to consolidate the permit processing for projects or development activities that require two or more permits or approvals. The city manager or his/her designee shall determine the appropriate means of consolidating the processing of all permits and shall assign the highest type review classification of the individual permits being sought to the consolidated permit application (with Type 4 being the highest followed by Types 3, 2, and 1). This consolidation may include integrating public hearings, establishing unified comment periods, and/or concurrent reviews. The city manager or his/her designee is authorized to make modifications to the procedural requirements of this title in order to effectively consolidate project reviews.

Completeness Review – 28 days.

Notice of Application – 14 days. The city shall issue the notice of application (NOA) within 14 calendar days after the completeness determination, unless the permit type is exempt from notice (RCW 36.70B.110).

Decision deadlines beginning on the date the project is determined to be complete.

Hearing Examiner Decisions (Type III). For permits requiring a public hearing, the hearing examiner shall issue a written decision within 10 working days after the close of the record.

Extension by Written Agreement. The director and the applicant may, by mutual written agreement, extend any timeline in this section. The agreement shall specify the new decision date and be placed in the project file.

Failure to Issue Decision. If the city fails to issue a decision within the applicable time limit, the director shall place the application on the next available decision docket and provide written notice to the applicant explaining the delay, consistent with RCW 36.70B.090(6).

Applications for Type 1 permits shall be processed by the city in accordance with the following general procedures unless the applicant is otherwise notified in writing:

Applications for Type 2 permits shall be processed by the city in accordance with the following general procedures unless the applicant is otherwise notified in writing:

Applications for Type 3 permits shall be processed by the city in accordance with the following general procedures, unless the applicant is otherwise notified in writing:

Applications for Type 4 permits shall be processed by the city in accordance with the following procedures, unless the applicant is otherwise notified in writing:

All applications shall be signed by the property owner or show owner consent of the application by the agent acting on the owner’s behalf;

All applicable fees shall be submitted at the time of application unless otherwise specified;

A completed SEPA checklist shall be filed at the same time as an application for all permits, except when:

In accordance with the timelines in CMC § 17.09.025, the city shall conduct a review of all application materials to determine if the application is complete and ready for processing. The city shall then make a determination of completeness and shall provide the applicant with written notification which states:

Nothing in this title shall limit the city from incorporating the notice of application and determination of completeness into one document;

The issuance of a determination of a complete application shall not preclude the city from requesting additional information from the applicant in order to complete the processing of an application;

If the city determines an application is not complete, or that additional information is necessary to complete the review of the application, and the applicant fails to respond to the request from the city in the established time frames, the city shall notify the applicant in writing that the application has lapsed and become void.

Timeline. The notice shall be provided within 14 days after the determination of completeness is issued.

Content. The notice of application shall include the following:

Legal Notice. Notice shall be provided in the following manner as applicable:

Integration of Notices. The city will integrate the notice of application with SEPA review whenever possible. Notification for a notice of application should be combined with the notification for threshold determination and the scoping for a determination of significance whenever possible.

Issuance of Decisions. Except for a threshold determination, the city may not issue a decision or a recommendation on a permit until the expiration of the public comment period.

Public Comments. Comments shall be as specific as possible. Comments shall be received by the last day of the comment period specified in the notice. If no comments are received by the date specified in the notice from an affected city department or agency with jurisdiction, which notification was sent to, then it is presumed that the department or agency has no comments.

Notice shall be provided within 14 days after the determination of completeness, per CMC § 17.09.025.

After submission of an environmental checklist and prior to a threshold determination, the city shall notify the applicant if it is considering issuing a DS. As a result, the applicant may clarify or change features of the proposal to mitigate the impacts which make the DS likely. If a proposal continues to have a probable significant adverse environmental impact, even with the mitigating measures, an EIS shall be prepared.

If a preliminary SEPA threshold determination was not made in conjunction with a notice of application, and no probable significant adverse impacts are anticipated, a determination of nonsignificance shall be issued and a 15-day comment period may be required.

If a pre-decision open record public hearing is required, the SEPA threshold determination must be issued at least 15 days before the hearing.

If the city makes a SEPA determination of significance (DS) concurrently with the notice of application, the notice of application shall be combined with the determination of significance and scoping notice.

Whenever the city makes a threshold determination, it shall seek to include the public notice for the SEPA action with the notice of application or notice of decision for any associated land use application(s) or permits; provided, that:

Mitigation measures incorporated in the MDNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit or enforced in any manner specifically prescribed by the city.

Nothing in this section shall limit the authority of the city in its review or mitigation of a project to adopt or otherwise rely on environmental analyses and requirements under other laws, as provided by Chapter 43.21C RCW.

Site Plan Review, When Required by Development Review Committee Membership.

Review by the DRC.

Appeals.

A site plan review shall be required for all proposed development activities in the residential (R-1, R-2, R-3, R-4, and R-UGA) and the commercial and industrial zones (EPF, C-O, C-N, C-G, C-F, CBD, I-L, and I-H), unless waived in writing by the city. Single-family homes are exempt from formal DRC approval but must still submit a site plan consistent with subsection (B) of this section. Development that does not require a building permit is exempt from this requirement.

A complete site plan review application shall be submitted in a format prescribed by the city and may include, but is not limited to, the following on plans that are drawn to scale:

The city may approve a proposed site plan in whole or in part, with or without conditions, if all of the following findings of fact can be made in an affirmative manner:

Authorization of a site plan review shall be valid for one year after the effective date and shall lapse at that time unless a building permit has been issued.

Applications determined to be complete and accepted for processing may be approved or disapproved by the city in accordance with the procedures in this chapter; provided, that:

The city may approve, approve subject to conditions, or deny an application based on the information included in the record.

Notices of decision shall include:

Notice Integration. A notice of hearing is required for public hearings. A notice of hearing may be integrated with the notice of application.

Notice Content. A written notice of hearing shall contain the following information:

Appeal Notification. Notification for a hearing on an open record or closed record appeal shall be provided in the following manner:

Project Permit Notification. Notification for a hearing on a project permit shall be provided in the following manner as applicable:

Notice Deadlines. Notice shall be given at least 14 days before the hearing date except:

Continuation of Hearing. Continued hearings do not require additional notices of hearing.

Additional Procedures. In addition to the procedures contained in this chapter, the department may develop general procedures for notification, including mailing packets and the format of the notice and an affidavit of posting/mailing form to be filled out by the party doing notice.

Standing to initiate an administrative appeal of Type 1 and 2 reviews is limited to the applicant or owner of the property in which the project permit is proposed, parties of record, affected agencies or tribes, or any person aggrieved by the final decision and who will suffer direct and substantial impacts from approval or denial of the project. The term “parties of record” for the purposes of this title shall mean:

All appeals of interpretations or actions regarding Type 1 and 2 reviews shall be filed in a format prescribed by the city, along with the required fee, within 14 days of the date of the interpretation or action. If the deadline to file an appeal falls on a weekend or on a city holiday, the deadline shall become the next business day. The city shall mail written notice to all parties of record to apprise them of all open and closed record public appeal hearings and shall place a public notice in the city’s newspaper of record at least 14 days before the open record appeal hearing.

Appeals of SEPA threshold determinations or SEPA actions shall be combined with any appeals of associated applications or permits.

All Type 3 and Type 4 land use decisions and the decisions of the hearing examiner on appeals of Type 1 and 2 permits may be appealed by a party with standing to file a land use petition in Washington State Superior Court, unless otherwise specified, in accordance with the provisions of Chapter 36.70C RCW. Such petition must be filed within 21 days of issuance of the decision. This process shall be the exclusive means of judicial review except for local land use decisions reviewable by a quasi-judicial body created by state law, such as the Shorelines Hearings Board.

Any action authorized under this title shall be completed within two years from the date of approval, unless otherwise specified by the city. Failure to meet the time limit set shall void the approval; except that the city may authorize a time extension upon request, provided such extension request is filed in writing prior to the required completion date. Such extension request shall detail unique and special circumstances that prohibited the completion of the use authorized.

The city may revoke a project permit issued pursuant to this chapter if it is ascertained that the application included any false information material to the project permit approval, or if it develops that the conditions and safeguards made a part of the terms under which the approval was granted have not been complied with or are not now being maintained.

Violation of such conditions and safeguards, when made part of the terms under which the project permit is granted, shall be considered a violation of this chapter and may result in suspension or revocation of the permit and/or enforcement actions in accordance with the provisions of the Chehalis Municipal Code.

The city’s policy is to mitigate the impacts of conditional uses through special conditions of approval. Where impacts cannot be mitigated effectively, the review authority shall deny the application. A conditional use may be approved or modified only when all of the following criteria are met:

The review authority may impose conditions of approval as necessary to protect the public interest, achieve compliance with the Chehalis comprehensive plan, or to mitigate any adverse impacts resulting from approval of uses or impacts subject to this chapter.

The review authority, on its own motion, may initiate proceedings consistent with the procedures provided in the Chehalis Municipal Code to revoke land use approval for noncompliance with the requirements of this title or conditions of approval listed in the final decision approving the conditional or nonconforming use or development.

Decisions may be appealed consistent with the provisions of CMC § 17.09.160, Appeals.

A variance may be granted to the density, dimension, height, setback and development standards; provided, that all other provisions of this chapter can be met.

Under no circumstances shall the city grant a variance to allow a use not permissible under the terms of this title in the zoning district involved, or any use expressly or by implication prohibited in the zoning district by the terms of this title.

Variances may be approved by the city based on a finding that such variance will not be contrary to the public interest and the comprehensive plan or where literal enforcement of the provisions of this chapter would result in undue hardship. A variance shall not be granted unless the city further finds that the applicant has demonstrated all of the following:

Type of Application. General and final binding site plans are Type III applications; such applications shall be processed in accordance with procedures set forth in this chapter. This process does not apply to binding site plans approved before December 31, 2020.

Purpose. This chapter provides for an optional method for the division for lease or sale of commercial or industrial property, condominiums and tiny home parks and/or mobile home parks through the use of a binding site plan as provided for in Chapter 58.17 RCW. This method may be employed as an alternative to the subdivision and short subdivision procedures in this title when consistent with this chapter. The overall process for approving a binding site plan is a two-step process in which general binding site plan approval is obtained first, and specific binding site plan approval is obtained second.

Requirements for a Complete Application. These requirements are in addition to the minimum application requirements in CMC § 17.12A.300.

Scope – Property Allowed to Use the Binding Site Plan Process.

Procedure – General Binding Site Plan.

Procedure – Final Binding Site Plan.

Special Provisions Applicable to Condominium Developments Subject to Chapter 64.32 or 64.34 RCW. The following additional conditions shall be required:

Modifications.

Allow for planned development equal to or superior to traditional lot-by-lot subdivisions by providing for a mixture of single-family or multi-family residential buildings, including but not limited to single-family homes, townhouses and condominiums in one development that are architecturally and spatially compatible;

Promote flexibility, variety and innovation in site and building design subject to provisions of this chapter. Buildings in groups shall be related by common materials and roof styles, but contrast shall be provided throughout the site by the use of varied materials, architectural detailing, building scale and orientation;

Encourage efficient street design, utility systems and public services and uses of land that could include development clustering;

Provide and ensure preservation and enhancement of usable open spaces, parks and trails;

Ensure that pedestrian and vehicular circulation facilities, parking facilities and other pertinent amenities are an integral part of the landscape and provide a safe integration of pedestrian, bicycle and vehicular traffic;

Ensure that recreational areas (active and passive) generally are dispersed throughout the development and easily accessible from all dwelling units;

Preserve and enhance natural vegetation and natural landscape features of the site; avoid development on steep slopes, wetlands and riparian areas; and protect and enhance critical fish and wildlife habitat areas, pursuant to Division III of this title, Environmental Districts;

Maintain surface water and groundwater quality through employment of best management practices and recent science in planning and designing storm water drainage systems that are uniquely adapted to the site and the affected environment;

Provide for a multi-modal transportation system;

Provide for the transition of new developments into the existing community through innovative design, screening, buffering, building setbacks and other measures to ensure compatibility with existing zoning and plan districts, and adjacent existing neighborhoods.

PUDs must be approved in conjunction with a site plan review and/or subdivision, whichever is applicable, and as a Type 3 review. PUD approval involving uses that are not permitted outright or conditionally in the underlying zone are purely discretionary. Such uses must be approved by the hearing examiner through the conditional use permit process with a positive recommendation from the DRC and adoption of a finding that the proposal is consistent with the policies and procedures of the Chehalis comprehensive plan.

Master Planned Development Created.

Purpose. The purpose of this district is to protect land within the Chehalis urban growth area (UGA) from premature land division and development that would preclude efficient transition to urban development and impede fulfillment of the goals contained within the Chehalis comprehensive plan. The MPD designation shall be applied on sites that are 10 acres or greater in size. The city may apply the MPD designation to lands within the UGA or other lands within the city boundaries. The MPD is a separate floating zoning classification that is intended to allow new development which is consistent with the comprehensive plan. The MPD zone is applied at the request of a property owner meeting the zoning requirements within the MPD zoning regulations through a rezone and master plan approval process. More specifically, the purpose of this district is to:

Supporting Documentation. An application for an MPD shall be accompanied by a project narrative and a conceptual master site plan that allows for analysis of overall project concepts and phasing as well as review of how the major project elements work together to implement city goals and policies. Master plan review allows for consideration and mitigation of cumulative impacts from large-scale development and allows for coordination with city capital improvement planning. Master plan review should occur at an early stage in the development of a project, when the scale, intensity and layout of a project are known. Specific application materials include the following:

Certain Exemptions Applicable. An MPD proposal need not consider the requirements or limitations of Division V of this title, Land Use Zones (Zoning), provided:

Consistency With Division II of this Title, Subdivisions.

Consistency With Division III of this Title, Environmental Districts.

Consistency With Division VII of this Title, General Provisions. Any aspect of an MPD proposal which requires consistency with any applicable section of Division VII of this title, General Provisions, shall cause the city to incorporate such requirements as a condition of approval. Such requirements shall be made a matter of record during the applicable review process.

Application for MPD. An MPD, approved in accordance with the procedures of this chapter, shall be limited to those which are specifically approved in an MPD development plan including recreational and open spaces, and shall achieve a net urban density of four units per acre. MPDs may specifically permit all proposed uses and developments which can be shown to be in conformance with the policies of the comprehensive plan.

Initiation of Project – Application – Fee. A completed application must include all supporting documentation as identified within this chapter and a nonrefundable filing fee together with a written commitment to pay all fees associated with the project as established by resolution of the city council. Application shall be made by the owner or owners of the parcel or parcels intended to be developed as a unit, or their duly authorized agent or agents. The ownership of all the parcels to be included must join in or be represented in the application. MPD projects may be initiated by any owner or group of owners of property acting jointly, or as a developer authorized to act as an agent for an owner or group of owners.

Phased Development. Development of the project may be phased, in which case each complete phase may be processed separately through both preliminary development plan review and final development plan review. A map showing all property owned or controlled by the applicant which is contiguous to the initial development site, together with a description of said properties’ possible eventual development through all potential phases, shall be submitted with the application for the first phase. The described plan shall conform to the purposes of this chapter. The city’s comprehensive plan shall be used by the city in reviewing all phases of the development.

No development shall be allowed until applicable requirements of this chapter are met. Compliance with applicable plan goals and policies is deferred until the MPD has been approved.

Purpose. The comprehensive plan is a document which guides the nature and intensity of the development in the city. An amendment to the plan is a mechanism by which the city may modify its land use, development or growth policies in order to respond to changing circumstances or needs of the city. Therefore, the purpose of this section is to provide guidance as to how the comprehensive plan of the city of Chehalis will be updated and amended over time. Amendments to the plan may involve changes in the written text or in the map designation adopted as part of the plan, or to supporting documents, including capital facilities plans. This section states the specific procedures and review criteria necessary to process comprehensive plan amendments. Plan amendments will be reviewed in accordance with the state Growth Management Act (GMA), the countywide planning policies, applicable capital facility plans, other pertinent city plans, official population growth forecasts and key growth indicators. Additionally, many rezone requests and changes to the zoning regulations require an underlying change to the comprehensive plan. As such they should be processed together whenever possible. If there are no necessary changes to the comprehensive plan required to affect the requested rezone or zoning regulations, the application shall be processed as a Type 4 review.

Who May Initiate.

Time to Initiate.

Applicable Procedure.

Determination of Geographic Scope of Proposal. Prior to providing public notice, the city shall establish the geographic scope of the proposed amendment.

Expansion of the Geographic Scope of the Proposal.

Overall Method of Review. Proposed plan amendments that are submitted for review shall be subject to the applicable criteria of this chapter. The review shall be processed as outlined in CMC §§ 17.09.150, 17.09.160 and 17.09.170. Applications for plan map amendments are generally processed in conjunction with concurrent rezone requests. Zoning map amendments must be to a zone corresponding to the requested comprehensive plan map designations. Concurrent zoning map amendments must meet all the approval criteria of this chapter and zone changes consistent with the comprehensive plan map shall be considered subject to the approval criteria for rezones.

Application. The criteria and requirements of this chapter shall apply to all applications or proposals for changes to the comprehensive plan text, policies, map designations, zoning map or supporting documents. For the purposes of establishing review procedures, criteria and timelines, amendments shall be distinguished as follows:

Plan Map Changes – Procedure.

Submittal Requirements.

Decision Criteria. The planning commission may recommend, and the city council may approve, with modifications, an amendment to the plan if:

Comprehensive Plan Review – General Goals and Policies. The planning commission shall review and consider plan amendments to the goals and policies regularly at five-year intervals.

Cumulative Impact. In reviewing all prospective comprehensive plan changes, the city of Chehalis shall analyze and assess the following to the extent possible:

Public Hearing.

Planning Commission Recommendation.

City Council Action.

Appeal of City Council Action to Superior Court. Any person adversely affected by the decision may appeal the decision of the city council. A person filing an appeal must make application to the superior court for a writ of certiorari, writ of prohibition or writ of mandamus. The decision of the city council must be appealed to superior court no more than 20 calendar days following the effective date of the city council decision on the application or is thereafter barred.

Fees. Application fees for all plan amendments and zone changes shall be considered as follows:

Failure of any person to comply with the procedural requirements of this chapter, or with any applicable provision identified herein, or with any condition or requirement of any development permit, license or approval, shall constitute a public nuisance, and shall be abated as provided in CMC § 7.04.130.

Nothing herein shall preclude the city from initiating any other authorized action to correct any violation of this chapter, including, but not limited to, action authorized under the adopted uniform codes, and/or issuance of criminal citations.

The International Building Code, 2021 Edition, as amended by Chapter 51-50 WAC, including the Appendix Chapters G, Flood Resistant Construction; I, Patio Covers; and J, Grading.

The International Residential Code, 2021 Edition, as amended by Chapter 51-51 WAC, including Appendix Chapters G, Swimming Pools, Spas, and Hot Tubs; H, Patio Covers; U, Dwelling Unit Fire Sprinkler Systems; and V, Fire Sprinklers, Excluding Nonmandatory Provisions for Sprinkling Systems. The following sections of the International Residential Code are amended to read as follows:

The National Electrical Code, 2017 Edition.

The Uniform Plumbing Code, 2021 Edition.

The International Mechanical Code, 2021 Edition.

The International Property Maintenance Code, 2021 Edition. The following sections of the International Property Maintenance Code, 2021 Edition, are amended:

The 2021 Washington International Energy Conservation Code as adopted by the state.

The International Mechanical Code, 2021 Edition, as amended by Chapter 51-52 WAC, published by the International Code Council, and the International Fuel Gas Code, 2021 Edition, except that the standards for liquefied petroleum gas installations shall be NFPA 58 (Storage and Handling of Liquefied Petroleum Gases) and ANSI Z223.1/NFPA 54 (National Fuel Gas Code), as the mechanical code of the city.

The Uniform Plumbing Code, 2021 Edition, as amended by Chapter 51-56 WAC, published by the International Association of Plumbing and Mechanical Officials, including Appendix M as amended; provided, that any provisions of such code affecting fuel gas piping are not adopted, is adopted as the plumbing code for the city.

The International Existing Building Code, 2021 Edition, published by the International Code Council.

The International Fire Code, 2021 Edition, as amended by Chapter 51-54 WAC, including those standards of the National Fire Protection Association specifically referenced in the International Fire Code; provided, that, notwithstanding any wording in this code, participants in religious ceremonies shall not be precluded from carrying handheld candles. Section 308.3.1, Open-flame cooking devices, is deleted in its entirety. Section 503, Fire apparatus access roads, is also adopted. Finally, such adoption shall include appendices.

International Urban-Wildland Interface Code, as amended by RCW 19.27.560 and upon completion of the statewide mapping of the wildland urban interface areas consistent with the following parts of the 2021 International Urban-Wildland Interface Code, which are adopted by reference:

For installation or alteration of any of the following systems or devices, the fee will be based on the Chehalis fee schedule as adopted by the city council or amended in the future:[1]

Investigation of Complaint. Upon receipt of information or upon personal observation that a violation exists as defined in this chapter, the enforcement officer shall cause an investigation of the matter and premises involved. All entries upon premises for the purpose of this chapter shall be subject to subsection (I) of this section.

Abatement Procedure. After having made a finding that a violation exists, the enforcement officer shall require the owner of the premises involved, as listed by the Lewis County assessor’s office, to abate the violation at his or her own cost and expense, in whole or in part. The enforcement officer shall give written notice to the owner describing the property involved, the condition to be corrected, and a specified reasonable time within which the owner must correct the condition, which shall not be less than 14 days from the date of service by mail as evidenced by the postmark on the notice. In the event of an emergency condition, of which the enforcement officer shall be the sole judge, the time of compliance may be reduced to 24 hours. The notice must further specify:

Service of Notice of Violation. The notice given by the enforcement officer to the owner shall be deposited in the United States mail by certified mail with a return receipt requested or shall be personally served by delivering a copy thereof to the owner or by leaving the same with a person of suitable age (18 years or older) and discretion at the owner’s place of residence. If the owner is not a resident of the city, the notice shall be served by leaving the same with the tenant in possession of the property or, if there is no such tenant, by posting a copy of the notice in a conspicuous place on the property involved, and by mailing a copy thereof to the owner at his or her last known address as listed by the Lewis County assessor’s office, if any. Service by mail will be deemed complete at the end of the third full day following its deposit in the U.S. mail, postage prepaid.

Failure to Comply With Notice of Violation. After the time for compliance and a notice of violation has expired, the code enforcement officer shall reinspect the premises and determine if the violation has been abated as required in the notice of violation. In the event of no action or insufficient action to abate the violation, the code enforcement officer may take any and all means necessary to enforce the applicable code, including but not limited to issuance of civil infractions, issuance of criminal citations, commencement of civil, criminal, and equitable proceedings with the assistance of the city attorney to abate a violation and have the violation abated by the city.

Liability for Costs of Abatement. The property owner shall be liable for all costs and expenses associated with a violation abatement conducted by the city of any building, structure or on the premises. In all cases where the city abates any such violation, the enforcement officer shall keep an account of all costs and expenses attending such abatement. The amount of the cost of such abatement shall be assessed against the real property upon which such cost was incurred unless such amount is previously paid. Upon certification to the Lewis County treasurer by the finance director of the city of Chehalis, the treasurer shall enter the amount of such assessment upon the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates and in such manner as provided for delinquent taxes, and when collected to be deposited to the credit of the general fund of the municipality. The assessment shall constitute a lien against the property which shall be of equal rank with state, county and municipal taxes. The city shall reserve the right to negotiate with property owners to recover the costs of abatement.

Liability for Continuing Violation. Every successive owner or occupant of property who neglects to abate a continuing violation upon or in the use of such property caused by a former owner is liable thereof in the same manner as the owner who created it.

Cumulative Effect of Chapter. The provisions of this chapter shall be cumulative and in addition to the provisions of the now existing ordinances of the city and shall not have the effect of repealing any ordinance of the city now in effect.

Violations – Civil Infraction – Misdemeanor – Gross Misdemeanor.

Right of Entry for Inspection and Code Enforcement. Whenever necessary to make an inspection to enforce any provision of this code, or whenever there is reasonable cause to believe that there exists a violation of this code in any building or upon any premises within the jurisdiction of the city, any authorized official of the city may, upon presentation of proper credentials, enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon him or her by this code; provided, that except in emergency situations, he or she shall first give the owner and/or occupant, if they can be located after reasonable effort, 72 hours’ written notice of the authorized official’s intention to inspect. In the event the owner and/or occupant refuses entry, the official is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.