Chehalis City Zoning Code

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[1] of the document Airports and Compatible Land Use, Volume 1, published by the Washington State Department of Transportation, Aviation Division (Appendix Chapter I[2]):

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:

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.

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.

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.

All proposals within the ASD zone shall be consistent with applicable provisions of the adopted airport master plan (Appendix Chapter D[1]).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Any historic district which has been properly designated by the city shall become a new section of Appendix Chapter J[1] and shall be regulated as provided in this chapter.

Any building or property which is individually listed on the State or National Register 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

The legal boundary of any HIS district herein and hereafter created shall be as depicted in Appendix Chapter J[1], along with any conditions of approval or designation.

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

Any property individually listed on the State or National Register 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.

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.

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.

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

Agrees to reasonable design features and/or mitigation requested by the historic commission which is properly presented at a public hearing.

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.

The design guidelines listed in Appendix Chapter O[1] 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.

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.

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.

Subsequent to such a DRC meeting, the historic commission representative may forward a recommendation on such an application to the hearing examiner.

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.

The historic commission representative may forward a recommendation on such an application to the hearing examiner.

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

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

Any new construction proposed to be located within 300 feet of any building listed on the State or National Register of Historic Places shall require the applicant to meet with the DRC, and specifically the historic commission representative.

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

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.

Any addition, substantial alteration, or substantial repair proposed to be located within 300 feet of any building listed on the State or National Register of Historic Places shall require the applicant to meet with the DRC, and specifically the historic commission representative.

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:

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.

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

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.

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.

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.

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.

No unlisted building within the city shall be demolished or removed from its original location without a building permit.

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.

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:

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:

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

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.

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:

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.

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.

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.

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.

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.

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[1] as such.

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.

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.

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.

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.

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.

Any approved PUD district shall be added to Appendix Chapter P and shall include all conditions of approval.

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

It is the purpose of this chapter to:

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.

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).

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;

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

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;

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;

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

The provision of essential public services identified in the proposal shall be approved by the purveyor of such services.

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.

No PUD proposal shall be approved until all applicable requirements of Division II of this title have been accomplished.

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.

No PUD proposal shall be approved until all applicable requirements of Division III of this title have been accomplished.

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.

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).

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.

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

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.

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

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.

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.

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.

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.

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[1] 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.

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.

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.

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.

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.

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.