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Chehalis City Zoning Code

Division IV

Special Districts

17.30.010 ASD created.

A. There shall be, and hereby is, created a special district to be known as the airport service district. This district shall be subdivided into the following eight subcategories consistent with the Aircraft Accident Safety Zone Diagram contained in Appendix Chapter A of the document Airports and Compatible Land Use, Volume 1, published by the Washington State Department of Transportation, Aviation Division (Appendix Chapter I):

1. ASD-0 – Identified as the “primary surface” in said Aircraft Accident Safety Zone Diagram;

2. ASD-1 – Identified as the “runway protection zone” in said diagram;

3. ASD-2 – Identified as the “inner safety zone” in said diagram;

4. ASD-3 – Identified as the “inner turning zone” in said diagram; provided, this zone shall be further subdivided into west and east categories;

5. ASD-4 – Identified as the “outer safety zone” in said diagram;

6. ASD-5 – Identified as the “sideline safety zone” in said diagram;

7. ASD-6 – Identified as the “traffic pattern zone” in said diagram; provided, this zone shall be further subdivided into west and east categories; and

8. ASD-7 – Identified as the “65 ldn noise contour” in the adopted airport master plan.

B. The specific subcategories of ASD zones one through six identified in subsection (A) of this section shall be delineated as depicted on the following map:

[Ord. 750B § 7, 2003; Ord. 720B § 1, 2002.]

17.30.020 ASD compatible land use chart.

The following chart shall be used to determine whether a land use or development proposal within the ASD is permitted, conditional, or not permitted. Where a conflict may exist between the following chart and the regular land use chart (CMC 17.78.020), the more restrictive requirement shall govern and prevail in the ASD; provided, any use or development upon airport property which is approved by the airport board, and the FAA, if required, shall become a permitted use:

Use Code5

Category

ASD-0

ASD-1

ASD-2

ASD-3

ASD-4

ASD-5

ASD-6

ASD-7

W E

W E

A1xx

Assembly

X

X

X

X X

C

C

C P

4

A2xx

Assembly

X

X

X

X X

C

C

C P

4

A3xx

Assembly

X

X

X

X C

C

C

C P

4

A4xx

Assembly

X

X

X

X T

C

T

T P

4

Bxxx

Office commercial

X

X

3

C P

P

3

P P

4

Bxxx

Service commercial

X

X

3

C P

P

3

P P

4

B226

Flood control

1

1

P

P P

P

1

P P

4

B227

Utility

1

1

P

P P

P

1

P P

4

E1xx

School

X

X

X

X C

C

3

3 P

4

E2xx

School

X

X

X

X C

C

3

3 P

4

E3xx

Educational

X

X

X

X C

C

3

3 P

4

F1xx

Manufacturing

X

2

P

3 P

P

P

P P

4

F2xx

Manufacturing

X

2

P

3 P

P

P

P P

4

H1xx

Hazard (explosion)

X

X

X

X C

C

C

C P

4

H2xx

Hazard (burning)

X

X

X

X C

C

C

C P

4

H3xx

Hazard (safety)

X

X

3

C C

C

C

C P

4

H4xx

Repair

X

3

P

P P

P

P

P P

4

H5xx

Aircraft

X

3

P

P P

P

P

P P

4

H6xx

Semiconductor

X

X

3

3 P

P

P

P P

4

H7xx

Hazard (health)

X

X

3

3 P

C

C

P P

4

I1xx

Institution

X

X

X

2

C

P

C P

4

I2xx

Institution

X

X

X

2

C

P

C P

4

I3xx

Institution

X

X

X

2

C

P

C P

4

Mxxx

Retail commercial

X

2

3

3 P

P

P

P P

4

R1xx

Residential

X

X

X

3

C

3

3 P

4

R3xx

Residential

X

X

X

2 C

P

P

P P

4

R4xx

Residential

X

X

X

3

C

3

3 P

4

R103

Motel

X

X

2

3 P

P

P

3 P

4

Sxxx

Storage

X

T

P

P P

P

P

P P

4

S4xx

Parking

X

T

P

P P

P

P

P P

4

U1xx

Private accessory

X

2

P

P P

P

P

P P

4

U2xx

Miscellaneous

1

1

1

P P

P

P

P P

4

Notes

P = Permitted Use; C = Conditional Use; T = Temporary Use; X = Not Permitted

1. P if located below grade; otherwise C.

2. P if SEPA categorically exempt proposal; otherwise X.

3. P if SEPA categorically exempt proposal; otherwise C.

4. All portions of the 65 ldn noise contour are located within the primary surface and the runway safety zone – no off-site requirements are identified. (Resolution 12-2002 (8/02) adopts the airport master plan.)

5. See following table for use categories; see Appendix Chapter F for use definitions.

Description of Occupancies by Group and Division 

Group and Division

UBC Section

Description of Occupancy

A-1

303.1.1

A building or portion of a building having an assembly room with an occupant load of 1,000 or more and a legitimate stage.

A-2

A building or portion of a building having an assembly room with an occupant load of less than 1,000 and a legitimate stage.

A-2.1

A building or portion of a building having an assembly room with an occupant load of 300 or more without a legitimate stage, including such buildings used for educational purposes and not classed as a Group E or Group B Occupancy.

A-3

A building or portion of a building having an assembly room with an occupant load of less than 300 without a legitimate stage, including such buildings used for educational purposes and not classed as a Group E or Group B Occupancy.

A-4

Stadiums, reviewing stands and amusement park structures not included within other Group A Occupancies.

B

304.1

A building or structure, or a portion thereof, for office, professional or service-type transactions, including storage of records and accounts; eating and drinking establishments with an occupant load of less than 50.

E-1

305.1

Any building used for educational purposes through the 12th grade by 50 or more persons for more than 12 hours per week or four hours in any one day.

E-2

Any building used for educational purposes through the 12th grade by less than 50 persons for more than 12 hours per week or four hours in any one day.

E-3

Any building or portion thereof used for day care purposes for more than six persons.

F-1

306.1

Moderate-hazard factory and industrial occupancies including factory and industrial uses not classified as Group F, Division 2 Occupancies.

F-2

Low-hazard factory and industrial occupancies including facilities producing noncombustible or nonexplosive materials that during finishing, packing or processing do not involve a significant fire hazard.

H-1

307.1

Occupancies with a quantity of material in the building in excess of those listed in UBC Table 3-D that present a high explosion hazard as listed in UBC Section 307.1.1.

H-2

Occupancies with a quantity of material in the building in excess of those listed in UBC Table 3-D that present a moderate explosion hazard or a hazard from accelerated burning as listed in UBC Section 307.1.1.

H-3

Occupancies with a quantity of material in the building in excess of those listed in UBC Table 3-D that present a high fire or physical hazard as listed in UBC Section 307.1.1.

H-4

Repair garages not classified as Group S, Division 3 Occupancies.

H-5

Aircraft repair hangars not classified as Group S, Division 5 Occupancies and heliports.

H-6

307.1 and 307.1.1

Semi-conductor fabrication facilities and comparable research and development areas when the facilities in which hazardous production materials are used and the aggregate quantity of materials are in excess of those listed in UBC Table 3-D or 3‑E.

H-7

307.1

Occupancies having quantities of materials in excess of those listed in UBC Table 3-E that are health hazards as listed in UBC Section 307.1.1.

I-1.1

308.1

Nurseries for the full-time care of children under the age of six (each accommodating more than five children), hospitals, sanitariums, nursing homes with nonambulatory patients and similar buildings (each accommodating more than five patients).

I-1.2

Health care centers for ambulatory patients receiving outpatient medical care which may render the patient incapable of unassisted self-preservation (each tenant space accommodating more than five such patients).

I-2

Nursing homes for ambulatory patients, homes for children six years of age or over (each accommodating more than five persons).

I-3

Mental hospitals, mental sanitariums, jails, prisons, reformatories and buildings where personal liberties of inmates are similarly restrained.

M

309.1

A building or structure, or a portion thereof, for the display and sale of merchandise, involving stocks of goods, wares or merchandise, incidental to such purposes and accessible to the public.

R-1

310.1

Hotels and apartment houses, congregate residences (each accommodating more than 10 persons).

R-3

Dwellings, lodging houses, congregate residences (each accommodating 10 or fewer persons).

S-1

311.1

Moderate hazard storage occupancies including buildings or portions of buildings used for storage of combustible materials not classified as Group S, Division 2 or Group H Occupancies.

S-2

Low-hazard storage occupancies including buildings or portions of buildings used for storage of noncombustible materials.

S-3

Repair garages where work is limited to exchange of parts and maintenance not requiring open flame or welding, and parking garages not classified as Group S, Division 4 Occupancies.

S-4

Open parking garages.

S-5

Aircraft hangars and helistops.

U-1

312.1

Private garages, carports, sheds and agricultural buildings.

U-2

Fences over six feet (1,829 mm) high, tanks and towers.

Note: For detailed descriptions, see the occupancy definitions in the noted UBC sections and/or tables.

[Ord. 750B § 8, 2003; Ord. 720B § 1, 2002.]

17.30.030 Height restriction.

A. There is established a height restriction line within the ASD zone. No structure shall be erected within the ASD zone that exceeds the elevation of the height restriction line at the location of the structure.

B. The height restriction line shall occur from the edge of the paved runway (not taxiway) surface on all sides, extending outward from the runway at a ratio of one foot vertically for each 34 feet horizontally above and within ASD zones 0, 1, 2 and 3, and one foot vertically for each 20 feet horizontally above and within ASD zones 4, 5 and 6. Such a height limitation shall be depicted on the ASD zone map, expressed in NGVD vertical datum, and shall be interpolated between specified locations.

C. Any development proposal which is not located upon property governed by the Chehalis-Centralia airport board and exceeds said height restriction shall be reviewed by the board prior to consideration of a variance by the hearing examiner. Failure of the board to submit comments to the examiner shall not invalidate any decision made by the city. [Ord. 750B § 9, 2003; Ord. 720B § 1, 2002.]

17.30.040 Special provisions.

A. All proposals within the ASD zone shall be consistent with applicable provisions of the adopted airport master plan (Appendix Chapter D).

B. All proposals upon the real property governed by the Chehalis-Centralia airport board shall be presumed approved by said board as it relates to the issuance of any development permit(s). Such an approval by the board shall constitute a determination of consistency required by subsection (A) of this section.

C. All proposals within the ASD zone shall be subject to approval of the Federal Aviation Administration (FAA) if the FAA is an agency with jurisdiction on the proposal. [Ord. 720B § 1, 2002.]

17.30.050 Airport comprehensive (master) plan.

A. From time to time, the Chehalis-Centralia airport board may adopt a revised comprehensive plan, including revised development standards. Such a revised plan and/or standards shall not be applicable in the administration or enforcement of this chapter unless the city council has first adopted such plan and standards by resolution.

B. At such time as the city council may adopt a revised Chehalis-Centralia airport master comprehensive plan, the administrator shall insert such plan and standards into Appendix Chapter D, replacing all previous versions of such plan and standards. [Ord. 720B § 1, 2002.]

17.33.001 Legislative findings.

A. There exist districts within the city, containing business uses, but also containing residential and other uses, which were platted and built upon before the advent of current zoning and building codes.

B. Buildings and uses within such historic districts, due to the age and condition of the buildings and structures, small lot size and high degree of lot coverage, suffer from unique problems when required to adhere strictly to current zoning and building regulations.

C. It is unduly difficult to repair, remodel or improve existing buildings in the historic districts for existing uses or to establish new uses therein, whenever such actions cause the building or use to be required to meet current zoning and building regulations.

D. Variances from the requirements of current zoning and building codes are an inappropriate means of dealing with the problems of the historic districts, as such problems arise from characteristics applicable to a large number of buildings within such districts rather than from the unique characteristics of each individual property.

E. This state of affairs contributes to the continued physical deterioration of buildings, and to the loss of the ability to sustain viable business and other uses, in the historic districts.

F. Preservation and enhancement of the historic districts are deemed essential to preserve community identity and sociological integration as new development occurs in other parts of the city.

G. It is in the public interest to provide appropriate relief from the requirements of the strict application of current zoning and building codes when so doing will serve to preserve and enhance buildings and uses in the historic districts and the public health and safety are not thereby endangered. [Ord. 720B § 1, 2002.]

17.33.010 Historic districts created.

A. There shall be, and hereby is, created a special district to be known as an historic district (HIS). Such districts are not limited in number or size, and shall be designated and adopted consistent with the requirements of Chapter 2.66 CMC.

B. Any historic district which has been properly designated by the city shall become a new section of Appendix Chapter J and shall be regulated as provided in this chapter.

C. Any building or property which is individually listed on the State or National Registers of Historic Places, or identified in the Chehalis comprehensive plan as having local historical significance, shall be considered to be a unique HIS district, whether or not located within any other HIS district.

[Ord. 720B § 1, 2002.]

17.33.020 Legal boundary defined.

A. The legal boundary of any HIS district herein and hereafter created shall be as depicted in Appendix Chapter J, along with any conditions of approval or designation.

B. Each HIS district shall be subdivided into three categories of property within said district:

1. Listed, contributing property as defined in the district approval process;

2. Listed, noncontributing property as defined in the district approval process; and

3. Unlisted property, being all properties within a district not consistent with subsection (B)(1) or (B)(2) of this section.

C. Any property individually listed on the State or National Registers of Historic Places, or identified in the Chehalis comprehensive plan as having local historical significance, shall be considered a listed, contributing building as it relates to the administration of this chapter.

D. Each HIS district identified in Appendix Chapter J shall include a listing of all parcels of property within such district. Such listing shall include the tax parcel number, the site address, and the category of each parcel as it relates to the HIS district.

E. Any alteration, expansion or other change in the boundary of any designated historic district shall be consistent with CMC 2.66.090 and 2.66.110. Such alteration, expansion or other change which has been approved as required shall be inserted into Appendix Chapter J, replacing any prior designation of such district. [Ord. 720B § 1, 2002.]

17.33.030 Permitted uses.

Any use which is permitted in the underlying land use zone shall be permitted in the HIS district. [Ord. 720B § 1, 2002.]

17.33.040 Accessory uses.

Any accessory use which is permitted in the underlying land use zone shall be permitted in the HIS district. [Ord. 720B § 1, 2002.]

17.33.050 Home occupations.

Any lawful home occupation permitted in the underlying land use zone shall be permitted in the HIS district. [Ord. 720B § 1, 2002.]

17.33.055 Conditional uses – Westside/Hillside historic districts.

Nonresidential uses submitted as conditional use applications within the Westside or the Hillside historic districts shall not be permitted unless the applicant:

A. Demonstrates by clear and convincing evidence that the proposal will not be incompatible with the adjacent or surrounding historical development in the district; and

B. Agrees to reasonable design features and/or mitigation requested by the historic commission which is properly presented at a public hearing. [Ord. 806B § 4, 2006.]

17.33.060 Conditional uses – Listed, contributing property.

A. Any conditional use application relating to a listed, contributing property in any HIS district shall require the applicant to meet with the DRC prior to the conduct of the required public hearing on the application. The historic commission representative should present historically significant issues to the applicant at such a meeting. Subsequent to such a DRC meeting, the historic commission representative shall forward a recommendation on such an application to the hearing examiner.

B. The design guidelines listed in Appendix Chapter O which are reasonably related to any proposed project shall become mandatory elements of any conditional use application approval. Consistency with such elements shall be determined by the historic commission representative on the DRC. Failure to comply with such elements or requirements shall be abated as provided in CMC 7.04.130. [Ord. 720B § 1, 2002.]

17.33.070 Conditional uses – Listed, noncontributing property.

A. Any conditional use application relating to a listed, noncontributing property in any HIS district may require the applicant to meet with the DRC to discuss such an application at the discretion of the historic commission representative.

B. The historic commission representative shall determine whether or not such an application warrants consideration by the commission, and shall advise the DRC of his decision. If a meeting with the applicant is determined to be warranted, the chairperson of the DRC shall advise the applicant of the requirement and shall schedule such a meeting at any regular DRC meeting prior to the conduct of the required public hearing on the application.

C. Subsequent to such a DRC meeting, the historic commission representative may forward a recommendation on such an application to the hearing examiner. [Ord. 720B § 1, 2002.]

17.33.080 Conditional uses – Unlisted property.

A. Any conditional use application relating to an unlisted property in any HIS district shall be submitted and reviewed consistent with the requirements of CMC 17.09.185.

B. The historic commission representative may forward a recommendation on such an application to the hearing examiner. [Ord. 720B § 1, 2002.]

17.33.090 Change of use or occupancy.

In addition to the requirements of CMC 17.03.070, any change in use or occupancy in any HIS district which constitutes a conditional use shall comply with the requirements of CMC 17.33.060, 17.33.070 or 17.33.080, whichever is applicable. [Ord. 720B § 1, 2002.]

17.33.100 New construction in HIS district.

A. Westside and Hillside Districts. The following criteria shall be applicable to any new construction within the Westside and Hillside historic districts:

1. New single-family residences (SFR) which are located on property within an historic district shall be designed to be architecturally compatible with buildings in the vicinity. Such compatibility shall be determined by the historic commission based on applicable design guidelines in Appendix Chapter O.

2. New SFRs which are designed to be architecturally consistent with listed, contributing buildings in the vicinity shall be afforded the incentives identified in CMC 17.33.140 through 17.33.170. Such consistency shall be determined by the historic commission.

3. Construction of new accessory buildings shall be compatible with existing principal buildings.

B. Downtown District. The following criteria shall be applicable to any new construction within the downtown historic district:

1. Any new construction shall be designed to be architecturally compatible with any buildings adjacent to the subject building, and with other contributing buildings in the vicinity.

2. New buildings which are designed to be architecturally consistent with listed, contributing buildings in the vicinity shall be afforded the incentives identified in CMC 17.33.140 through 17.33.170. Such consistency shall be determined by the historic commission.

C. Any new construction proposed to be located within 300 feet of any building listed on the State or National Registers of Historic Places shall require the applicant to meet with the DRC, and specifically the historic commission representative. [Ord. 720B § 1, 2002.]

17.33.110 Addition – Substantial alteration – Substantial repair in HIS district.

Additions, substantial alterations or substantial repairs may be made to existing buildings in any HIS district, provided:

A. The proposed construction shall not diminish the historical significance or attributes of a listed, contributing property, and shall be reviewed by the historic commission.

B. The development permit application shall be subject to all applicable provisions of this title unless such application is submitted consistent with CMC 17.33.140 and/or 17.33.150.

C. Any addition, substantial alteration, or substantial repair proposed to be located within 300 feet of any building listed on the State or National Registers of Historic Places shall require the applicant to meet with the DRC, and specifically the historic commission representative. [Ord. 720B § 1, 2002.]

17.33.120 Bed and breakfast facility.

A. In addition to all other applicable requirements of this title, a proposal for a bed and breakfast facility within any residential zone in any HIS district shall comply with the following requirements:

1. Such proposal is limited to the conversion of an existing residential building in an HIS district to any approved bed and breakfast facility. New construction, substantial alteration and/or addition to an existing structure will not be permitted for such a facility;

2. The operator of the bed and breakfast facility shall reside within the subject property;

3. Such proposal shall be considered a conditional use application and be submitted as required in CMC 17.09.185;

4. Interior alterations necessary to comply with adopted codes or any conditions of approval for any bed and breakfast facility shall not change the exterior appearance of the structure, or any attribute of the structure causing its historical significance unless such alteration is part of an overall design plan approved by the historic commission;

5. Site improvements for parking, landscaping, visual aesthetics and consistency with the aspects of historical significance of the property shall be approved by the historical commission representative of the DRC, and shall not degrade any aspect of the listing criteria of a contributing property.

B. A proposal for a bed and breakfast facility which also concurrently proposes to reconstruct or restore the subject structure and property to be substantially consistent with its original historical significance, and which design is approved by the historic commission, shall be exempt from the provisions of the adopted uniform codes except for fire safety, life safety, structural and sanitation requirements, consistent with IBC Section 3407. This provision does not exempt the applicant from any requirements of the development engineering standards. [Ord. 819B § 13, 2007; Ord. 720B § 1, 2002.]

17.33.130 Moving or demolition of buildings.

A. No building shall be moved into any HIS district without compliance with all applicable provisions of this chapter.

B. Any building moved into any HIS district shall be considered new construction for the purpose of administration of this chapter, and shall comply with all requirements for new construction and uses.

C. No listed, contributing building on any lot in any HIS district shall be demolished or removed from the original location of such building unless a variance has been granted therefor by the hearing examiner, and no demolition or removal application for such building shall be approved by the DRC unless such variance has been granted, except as provided in subsection (D) of this section.

D. Any building or structure which may be damaged by fire, storm, act of God or act of the public enemy in excess of 60 percent of the assessed value of the subject property before such damage occurred shall be granted a demolition permit upon proper application to the DRC without a variance.

E. No listed, noncontributing building on any lot in any HIS district shall be demolished or removed from its original location without the applicant having met with the historic commission representative at a DRC meeting to discuss alternatives to such demolition or removal. Such meeting shall be scheduled by the chairperson of the DRC at the convenience of the applicant.

F. No unlisted building within the city shall be demolished or removed from its original location without a building permit. [Ord. 720B § 1, 2002.]

17.33.140 Uniform code exemption in HIS district available.

A. Any listed, contributing building in any HIS district shall be declared to be an historic building for the purpose of implementing the exemptions to the IBC identified in IBC Section 3407 whenever the development proposal is not inconsistent with the criteria establishing the property as a contributing property, or otherwise degrades the historical significance of the listing.

B. Any listed, noncontributing building in any HIS district shall be declared to be an historic building for the purpose of implementing the exemptions to the IBC identified in IBC Section 3407 whenever:

1. The applicant for any development permit requiring compliance with the building code has met with the historic commission representative at a DRC meeting, and has considered the recommendations of the representative in the permit application; or

2. The subject permit application involves renovation and/or reconstruction of any aspect of the property to substantially its historic significance, and has been reviewed by the historic commission.

C. Any unlisted building in any HIS district shall be declared to be an historic building for the purpose of implementing the exemptions to the IBC identified in IBC Section 3407 whenever:

1. The subject permit application proposes to construct, renovate and/or reconstruct the property to substantially its historic significance; and

2. The historic commission has been involved in discussions relating to the development and design of the application proposal, and has indicated its satisfaction thereof.

D. Any new construction or moved building shall be deemed an unlisted building for the purpose of administering the exemption provisions of this section.

E. Any development permit application submitted to the DRC for review and decision-making shall indicate whether or not the applicant desires relief from the building code requirements consistent with this section. Such indication may be a written narrative within the application package or an oral presentation to the DRC at any regular meeting. Failure to indicate or request such relief shall cause the DRC to review the proposal for consistency with the entire building code. [Ord. 720B § 1, 2002.]

17.33.150 Other exemptions available in HIS district.

A. Any listed, contributing building in any HIS district, and which development permit application does not create an inconsistency with the criteria establishing the property as a contributing building, shall be afforded the following relief from the requirements of this title:

1. Historic signs or placards which may be indirectly illuminated, and which depict the historical significance of a subject property, may be erected upon such property without regard to the sign provisions of this title, provided such sign is consistent with the design criteria in Appendix Chapter O;

2. Any existing building line within a required setback may be extended for an addition or modification to the structure without regard to the setback provisions of Division V of this title;

3. Any accessory building which can be demonstrated through historic documentation to have been an integral part of any original development within an historic district may be reconstructed or renovated to its original historic significance without regard to Division V of this title. Such reconstruction or renovation shall not create any physical impact to any public right-of-way or any adjacent private property;

4. One unlighted construction sign identifying the construction project and advertising the contractor, architect, engineer, etc., substantially stating: “This historic renovation project is being accomplished by:” may be displayed on the subject property for either the duration of the permitted project or 30 days, whichever is shorter. The DRC may allow such a sign to remain for a longer period if the permitted project exceeds 30 days in duration and substantial construction remains to be accomplished.

B. Any listed, noncontributing building or any unlisted building in any HIS district, and which development permit application proposes to reconstruct and/or renovate the subject property to be substantially consistent with its original historic development, and which application has been approved by the historic commission as meeting the intent and criteria of this section, shall also be afforded the relief identified in subsection (A) of this section. [Ord. 720B § 1, 2002.]

17.33.160 Design guidelines.

A. The design guidelines identified in Appendix Chapter O shall be advisory only except when a conditional use proposal is reviewed and/or approved by the city.

B. The design guidelines identified in Appendix Chapter O shall be modified only upon adoption of a resolution by the city council, pursuant to a request for such modification by the historic commission. Any such resolution so adopted shall be inserted into Appendix Chapter O, replacing all prior versions thereof. [Ord. 720B § 1, 2002.]

17.33.170 Design assistance available.

A. An applicant for any development proposal relating to any listed, contributing property may request design assistance from the historical commission. Upon a written request for such assistance, the commission shall determine an appropriate response and/or course of action based on the specific proposal.

B. An applicant for any development proposal relating to the reconstruction, renovation or restoration of any listed, noncontributing property, or any unlisted property within any HIS district, may request design assistance from the historical commission. Upon a written request for such assistance, the commission shall determine an appropriate response and/or course of action based on the specific proposal. [Ord. 720B § 1, 2002.]

17.33.180 Historic plaque – Criteria for display.

The Chehalis historic commission may create a program relating to the acquisition and display of historic plaques in historic districts. At such time as the city implements such a program, eligible property owners may display an approved historic plaque consistent with the requirements set forth in such a program. Such plaques shall not be considered signs as provided in this title. [Ord. 769B § 19, 2004.]

17.36.010 FTZ zones created.

There shall be, and hereby is, created a special district to be known as the foreign trade zone (FTZ). [Ord. 720B § 1, 2002.]

17.36.020 Legal boundary defined.

The legal boundary of any FTZ shall be as identified in Appendix Chapter K, and shall include all property within such boundary. [Ord. 720B § 1, 2002.]

17.36.030 Special provisions.

Each property located within an FTZ shall comply with all conditions of approval established by statutory requirements of the FTZ district, if any, and all applicable requirements of the regular land use zone in which it is located. [Ord. 720B § 1, 2002.]

17.36.040 Additional FTZ zones.

From time to time the U.S. Department of Commerce may create additional FTZ zones within the city or its UGA. Creation of such zones is subject to the procedures and requirements specified in 15 CFR 400, et seq. At such time as the city council may recognize an FTZ, the administrator shall add such zone to Appendix Chapter K, and regulation of such additional zone shall be consistent with all applicable provisions of this title. [Ord. 720B § 1, 2002.]

17.38.010 Required to be a PUD.

A. Every mobile home park which is lawfully in existence within the city or its urban growth area on the effective date of the ordinance codified in this chapter shall become a PUD, and shall be identified in Appendix Chapter P as such.

B. Every mobile home park proposal shall require the applicant to submit such proposal for approval consistent with the requirements and criteria of Chapter 17.39 CMC, Planned Unit Development (PUD); provided, the creation of additional mobile home pads within an existing parcel approved as a mobile home park, and which pads are consistent with all development requirements of this title, may be permitted by the DRC as an alteration of an existing mobile home park. [Ord. 769B § 20, 2004; Ord. 720B § 1, 2002.]

17.38.020 Development standards applicable to MHP proposals.

In addition to all applicable requirements of this title, a mobile home park proposal shall also be consistent with all development standards specified in Appendix Chapter V and the development engineering standards. Relief from the development standards may be considered by the planning commission for cause. Such relief must be requested in a variance application, and cause must be demonstrated by the applicant. [Ord. 819B § 13, 2007; Ord. 720B § 1, 2002.]

17.38.030 Discontinuance.

A. Unless otherwise specified in the conditions of approval, a mobile home park which contains no mobile homes or recreation vehicles for a period of 30 continuous days for any reason shall be considered discontinued. Any subsequent development or use of such property shall be consistent with requirements of the underlying zone.

B. The owner or operator of a mobile home park may request a discontinuance of such park for more than 30 days for cause. Such a request must be submitted to the DRC prior to the date of discontinuance. The DRC shall not unreasonably withhold approval of such a request.

C. Nothing herein shall preclude an applicant from submitting substantially the same, or a different, request for a mobile home park after a discontinuance. Such a proposal shall be submitted as a new PUD application consistent with this chapter. [Ord. 720B § 1, 2002.]

17.39.010 PUD district created.

A. There shall be, and hereby is, created a special district to be known as the planned unit development district (PUD). Such PUD districts shall be unique to a specific application and approval process identified in this chapter.

B. Any approved PUD district shall be added to Appendix Chapter P, and shall include all conditions of approval. [Ord. 720B § 1, 2002.]

17.39.020 Legal boundary defined.

The legal boundary of any PUD district hereafter created shall be as depicted in Appendix Chapter P, along with any conditions of approval. [Ord. 720B § 1, 2002.]

17.39.030 Intent/purpose.

A. The intent of the PUD district is to encourage new development not limited by the strict application of this title.

B. It is the purpose of this chapter to:

1. Encourage flexibility in design and development that will result in a more efficient and desirable use of land;

2. Permit flexibility of design, placement of buildings, use of required open spaces, circulation facilities, off-street parking areas, and otherwise better utilize the potential of sites characterized by special features, such as geography, topography, size, or shape;

3. Provide for maximum efficiency in layout of streets, utility networks, and other public improvements; and

4. Produce an integrated design for a balanced development of compatible uses that might otherwise be inharmonious or incongruous. [Ord. 720B § 1, 2002.]

17.39.040 Certain PUD districts prohibited.

A. The creation of any PUD district shall not be permitted within any HIS, or within certain ASD subcategories designated ASD-0, ASD-1, ASD-2, and ASD-3W.

B. No PUD district shall be created which would create any significant adverse environmental impact under the criteria of Chapter 17.15 CMC, State Environmental Policy Act (SEPA). [Ord. 720B § 1, 2002.]

17.39.050 Certain exemptions applicable.

A PUD district development proposal need not consider the requirements or limitations of Division V of this title, Land Use Zones (Zoning), provided:

A. Any use or occupancy occurring in a PUD development shall be a listed permitted, accessory, conditional or temporary use identified in CMC 17.78.020 (zoning use chart) allowed in the regular zone in which the proposal is located; except, limited “prohibited’ uses may be allowed when the planning commission finds that the nature and design of the development proposal precludes negative impacts between normally incompatible uses, and the SEPA process does not identify any significant adverse impacts. Such “prohibited’ uses should be limited to not more than 10 percent of the development proposal and the applicant must demonstrate that negative or nuisance impacts will not be created by the proposal;

B. A PUD district should generally be a minimum of two acres in size;

C. Any request for a variance from any applicable requirements of this title shall require a consideration of other reasonable site design alternatives, and demonstrate wherein such alternatives are inconsistent with CMC 17.39.030, Intent/purpose;

D. No building or structure shall be higher than its distance to the PUD district boundary, and in no case higher than the capability of the city’s fire department response apparatus as determined by the fire chief;

E. The applicant shall demonstrate that the proposed parking configuration is consistent with recognized industry standards for the applicable uses; and

F. The provision of essential public services identified in the proposal shall be approved by the purveyor of such services. [Ord. 750B § 10, 2003; Ord. 720B § 1, 2002.]

17.39.060 Consistency with Division II of this title, Subdivisions.

A. Any aspect of a PUD development proposal which requires consistency with Division II of this title, Subdivisions, shall be submitted for review and approval as required in Division II of this title.

B. No PUD proposal shall be approved until all applicable requirements of Division II of this title have been accomplished. [Ord. 720B § 1, 2002.]

17.39.070 Consistency with Division III of this title, Environmental Districts.

A. Any aspect of a PUD development proposal which requires consistency with Division III of this title, Environmental Districts, shall be submitted for review and approval as required in Division III of this title.

B. No PUD proposal shall be approved until all applicable requirements of Division III of this title have been accomplished. [Ord. 720B § 1, 2002.]

17.39.080 Consistency with Division VII of this title, General Provisions.

Any aspect of a PUD development 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. [Ord. 720B § 1, 2002.]

17.39.090 Application for PUD district.

A. Application for a PUD district shall follow the requirements for a conditional use process identified in CMC 17.09.185, except the planning commission rather than the hearing examiner shall hear and decide the application.

B. Applications for a PUD district shall not be SEPA exempt proposals, and shall comply with all applicable requirements of Chapter 17.15 CMC, State Environmental Policy Act (SEPA). [Ord. 720B § 1, 2002.]

17.39.100 Criteria for decision.

A. In determining an application for a PUD district, the planning commission shall consider each of the elements of CMC 17.09.185 and make its findings thereon.

B. In addition to the elements identified in CMC 17.09.185, the following elements shall be considered by the commission in making such determination:

1. Adequate buffers or mitigation have been provided to protect adjacent property from physical impacts of the proposal. Such impacts may be identified by the adjacent property owner or the city;

2. A minimum of 25 percent of the proposal should be identified as permanent open space, and a maximum of 10 percent of that area identified for active recreation. Storm water management systems may be located within such area;

3. Nonresidential uses proposed shall not constitute prima facie rezoning of the subject area, but may provide for limited access by the public from outside of the PUD development proposal;

4. Any other identified issues or impacts, and the resolution thereof, which the commission determines to be reasonably related to the proposal. [Ord. 720B § 1, 2002.]

17.39.110 Form of decision.

A. The planning commission shall approve as submitted, approve with conditions, approve as modified, or deny any PUD district application by an affirmative vote of a majority of the commission membership.

B. Any approval by the commission creating a PUD district shall become a part of Appendix Chapter P and shall constitute a special district consistent with its approval. [Ord. 720B § 1, 2002.]

17.39.120 Effect of decision.

A. Any decision on a PUD district application made by the planning commission shall constitute authorization and direction to the DRC to issue permits or approvals consistent with the commission’s decision. No decision of the commission shall presume to give authority to violate or alter any provisions of this title except as may be specifically provided for in the decision on the application.

B. Any PUD district application approved by the commission shall be entered on the official zone map of the city and include the date of approval of such district. [Ord. 720B § 1, 2002.]

17.39.130 Development performance.

A. No development permit shall be issued for any approved PUD proposal until all off-site, frontage, utility and/or mitigation projects have been accomplished, except as provided in subsection (B) of this section.

B. An applicant may execute a performance bond or other surety acceptable to the city attorney to guarantee any public, mitigation or utility improvements. Such bond or surety shall be submitted to the city prior to the issuance of any development permits. [Ord. 720B § 1, 2002.]

17.40.010 IDD created.

There shall be, and hereby is, created a special district to be known as the industrial development district (IDD). [Ord. 847B § 11, 2009; Ord. 720B § 1, 2002.]

17.40.020 Legal boundary defined.

The legal boundary of any IDD shall be identified in Appendix Chapter L, and shall include all property within such boundary. [Ord. 847B § 11, 2009; Ord. 720B § 1, 2002.]

17.40.030 Special provisions.

A. All development within an IDD shall comply with all applicable provisions of this title, the development engineering standards, and the development standards specified in Appendix Chapter C. In the case where the Port of Chehalis is the applicant, the requirements contained in Appendix Chapter C shall be presumed satisfied. In the case where the Port of Chehalis is not the applicant, the port shall be provided the opportunity to comment on the proposal through the standard DRC process.

B. Development standards specified in Appendix Chapter C shall supersede and have priority over standards specified in this title when a conflict between two standards occurs. The development engineering standards shall always prevail upon public property, rights-of-way and utility-related proposals.

C. Special provisions for platting, subdivisions and development standards are specified in Chapter 17.12A CMC (subdivision regulations), and shall be applicable for proposals wherein the Port of Chehalis is the applicant.

D. Uses submitted in any development permit application located within an IDD and submitted by the Port of Chehalis shall be considered permitted uses for the purpose of permit review. This provision shall not affect other applicable requirements of this title. [Ord. 847B § 11, 2009; Ord. 819B § 13, 2007; Ord. 720B § 1, 2002.]

17.40.040 Additional IDDs.

From time to time the Port of Chehalis may create additional IDDs within the city or its UGA. Creation of such zones is subject to the procedures and requirements of the RCW. At such time as the Port of Chehalis may create an IDD, or increase the size of an existing IDD, the port shall notify the city in writing of the final approval determination, and the administrator shall add such district to Appendix Chapter L. Regulation of such additional district shall be consistent with all applicable provisions of this title. [Ord. 847B § 11, 2009; Ord. 720B § 1, 2002.]

17.40.050 Port of Chehalis comprehensive plan.

A. From time to time, the Port of Chehalis may adopt a revised comprehensive plan, including revised development standards. The port shall submit such adopted plan and standards to the city for adoption by resolution. The DRC may administratively use such plan and standards for permit review from the time they are submitted to the DRC by the port until adopted by the council by resolution.

B. At such time as the city council may adopt a revised Port of Chehalis comprehensive plan by resolution, the administrator shall insert such plan and standards into Appendix Chapter C, replacing all previous versions of such plan and standards. [Ord. 847B § 11, 2009; Ord. 720B § 1, 2002.]