Chapter A    (This appendix is not used)

Chapter B    Applications and Forms

Chapter C    Port of Chehalis Comprehensive Plan

Chapter D    Chehalis/Centralia Airport Master Plan

Chapter E    Repealed

Chapter F    Definition of Words, Terms and Uses

Chapter G    State Environmental Policy Act (SEPA) Rules [WAC 197-11]

Chapter H    Flood Control Zone

Chapter I    Airport Service District (ASD) Legal Description/Designation

Chapter J    Historic District(s) (HIS) Legal Description/Designation

Chapter K    Foreign Trade Zone (FTZ) Legal Description/Designation

Chapter L    Industrial Development District (IDD) Legal Description/Designation

Chapter M    (This appendix is not used)

Chapter N    Washington State Wetlands Rating System Manual

Chapter O    Historic District Building Guidelines and Landscape Criteria

Chapter P    Planned Unit Development (PUD) District Legal Description/Designation

Chapter Q    Graphics and Diagrams of Selected Identified Requirements

Chapter R    Shoreline Master Program (Resolution No. 19-81)

Chapter S    (This appendix is not used)

Chapter T    Priority Habitat and Species Listing (WDF&W)

Chapter U    Chehalis Renaissance Project

Chapter V    Mobile/Manufactured Home Park Development Standards

Chapter W    Flood Insurance Study (2006 FEMA)

Chapter X    State Environmental Policy Act Process and Office of Community Development Requirements for Adoption of this Title

Chapter Y    Criteria for Review and Decision on Specialized Permits and Approvals

    Note: Plans, documents, publications, manuals, etc., which are published by agencies other than the city are not included in copies of these appendices. Such copies may be obtained from the Chehalis community development office or the publisher on request.

    The appendices are expected to be revised and/or updated frequently. The user must contact the Chehalis community development office to determine the most current adopted version of any appendix.

    Code reviser’s note: All listed appendices are also available on the city of Chehalis’s website.

A. No recreational vehicle shall be used as a place of permanent habitation or residency except when located within an approved mobile home park and connected to required utilities. Habitation of any recreational vehicle on any private property exceeding 14 calendar days annually or 30 calendar days within an approved recreational vehicle park, or any habitation by persons not having an approved permanent address elsewhere shall be construed as permanent habitation of a recreational vehicle.

B. Any unit connected to utilities and/or electricity on any portion of any private property or city right-of-way shall be deemed to be inhabited and shall cause the city to investigate such usage.

C. No recreational vehicle shall be used for living or housekeeping purposes when parked on any public right-of-way, or any public property except approved recreational vehicle parks. No recreational vehicle shall be used for living or housekeeping purposes when parked on any private property except as provided in CMC 17.81.030(A)(1).

D. No recreational vehicle shall be used for the conduct of business except approved conversions meeting all applicable codes and properly licensed for such business.

E. Tent camping within the city shall only be allowed in back/rear yards within the residential zone for a period not to exceed 14 days within any 30-day period. The tent must be on private property and located in the rear yard. Tent camping is prohibited in all other zones except for approved RV parks that comply with the appropriate provisions of the municipal code. The Seattle to Portland Classic bike ride and other events that receive approval for special event licenses are exempt from the ordinance codified in this section. [Ord. 927B § 1, 2014; Ord. 847B § 16, 2009; Ord. 834B § 2, 2008; Ord. 720B § 1, 2002.]

A recreational vehicle, motor home or travel trailer may be used for temporary habitation if such usage complies with all of the following:

A. Such usage must be associated with major development expected to continue for more than 90 days or valued at more than $1,000,000, and provide on-site security for storage of construction material and/or equipment.

B. Such usage shall not be located in any residential zone without a conditional use permit issued by the hearings examiner. A conditional use permit is not required in other than a residential zone.

C. Temporary living/housekeeping activities shall occur in a recreational vehicle designed for such purpose. Such RV shall have cooking, bathroom and sleeping facilities. Living or housekeeping activities in an office, storage or other type of nonhousekeeping trailer shall not be permitted.

D. Such RV shall obtain temporary water and sewer utility service from the private property on which they are located. Such service must be approved and inspected by the public works department, and pay any fees associated with such service.

E. Such RV shall not be parked in any required street setback area, and shall not obstruct visibility at street intersections, alleys or sidewalks.

F. Not more than two such RVs shall be occupied on any such development site. Establishing a temporary RV park for the convenience of the developer shall not be permitted.

G. Actions and activities of the occupants of such usage shall not create any public nuisance in the vicinity of the site.

H. Willful or continuous disregard for these conditions or other applicable regulations shall be cause for the city to declare such habitation or occupancy a public nuisance and abate such nuisance condition. [Ord. 720B § 1, 2002.]

A. No recreational vehicle, boat, boat trailer, travel trailer or similar vehicle or equipment shall be parked within the required front setback of any lot in any residential zone for a period of longer than 24 hours, except:

1. One travel trailer or motor home may be parked within such setback if the unit is owned by someone other than the occupant of the subject property, and such unit is being used by its owner for traveling or visitation to the subject property for a maximum of 14 days within any 30-day period;

2. One such vehicle or equipment may be parked within such setback if it is located upon a properly constructed concrete or gravel driveway giving access to a garage or carport, or giving access to an area of the property where a garage or carport could lawfully be built if one does not currently exist, and such unit does not project beyond any property lines;

3. One such vehicle or equipment may be parked within such setback if there is not a minimum of eight feet of width unobstructed by permanent buildings or structures giving access to a potential parking area in a rear yard, and a properly constructed gravel parking area is located so that the majority of the parking pad lies within an extension of a required side setback to the street property line. In case of a corner lot, only the side setback opposite the adjacent street side may be used for this exception (see also Appendix Chapter Q); and

4. One such vehicle or equipment may be parked within such setback on a corner lot if the frontage of the lot is 75 feet or greater, and a properly constructed gravel parking area is constructed so that the edge or end of the parking pad aligns with the building line of the principal structure and no part of the parking area or parked vehicle encroaches closer to the side street than the existing building (see also Appendix Chapter Q).

B. Parking pads constructed within a front setback shall be constructed of gravel, shall not be permanent and shall have borders of unit masonry or wood to contain the gravel surface. Concrete, asphalt, or permanent parking pads are not permitted. Parking pads may not be more than two feet larger in either dimension than the overall dimensions of the parked vehicles or equipment. No part of any parking pad or unit may create a visibility impairment for any adjacent property within 15 feet of a street curb or roadway edge. [Ord. 720B § 1, 2002.]

This chapter shall apply to all street rights-of-way improved or unimproved and located within the corporate limits of the city and the Chehalis UGA. This chapter shall also apply to all new street dedications, including streets or street rights-of-way acquired through future subdivisions or annexations to the city. [Ord. 720B § 1, 2002.]

All streets, alleys, and rights-of-way hereafter constructed, repaired or improved shall comply with the provisions of the development engineering standards, and shall provide for the numbering of any adjacent buildings or building lots consistent with this chapter. [Ord. 819B § 13, 2007; Ord. 720B § 1, 2002.]

There is created as a part of this chapter an official street name map. This official map will show all dedicated and private street rights-of-way, either improved or unimproved, located within the corporate limits of the city and the Chehalis UGA, and will designate said rights-of-way by name. There shall be only one official copy of this map and it shall be on file at the office of the public works director. If, in accordance with this chapter, changes are made in the street designations or other matters portrayed on the map, such changes shall be entered promptly after the amendment has been approved by a vote of the city council. [Ord. 720B § 1, 2002.]

The city shall be divided into four quadrants with the prefix: northeast (N.E.), northwest (N.W.), southeast (S.E.), and southwest (S.W.). The boundaries of these quadrants shall be entered on the official street name map. These boundaries shall be constructed as follows:

A. The dividing line between the N.E. and S.E. quadrants and the N.W. and S.W. quadrants shall be the centerline of Market Boulevard and National Avenue from where it joins Market Boulevard.

B. The dividing line between the N.E. quadrant and the S.E. quadrant shall be East Main Street from its intersection with Market Boulevard east.

C. The dividing line between the N.W. quadrant and the S.W. quadrant shall be Main Street from its intersection with Market Boulevard west. [Ord. 720B § 1, 2002.]

A. Market Boulevard north of its intersection with Main Street, and National Avenue from where it joins Market Boulevard, shall be designated as North Market Boulevard and North National Avenue, respectively.

B. Market Boulevard south of its intersection with Main Street shall be designated as South Market Boulevard.

C. Main Street west of its intersection with Market Boulevard shall be designated as West Main Street.

D. Main Street east of its intersection with Market Boulevard shall be designated as East Main Street.

E. All streets in the northeast quadrant shall be designated northeast or the initials N.E., the same to be a prefix to the street name.

F. All streets in the northwest quadrant shall be designated northwest or the initials N.W., the same to be a prefix to the street name.

G. All streets in the southeast quadrant shall be designated southeast or the initials S.E., the same to be a prefix to the street name.

H. All streets in the southwest quadrant shall be designated southwest or the initials S.W., the same to be a prefix to the street name. [Ord. 720B § 1, 2002.]

The official street names of all street rights-of-way shall be those shown on the official map for such rights-of-way, and shall be the same as they now exist or may hereafter be named pursuant to a resolution adopted and approved by the city council, or as may be designated within an approved subdivision or short plat. [Ord. 720B § 1, 2002.]

A. All new street extensions should parallel existing streets running in the same direction wherever possible. This should apply to both street direction and street designation. The street system within a subdivision may be of any configuration and is subject to the requirements of Division II of this title and the development engineering standards.

B. Street signs for existing streets will be provided and placed by the city, designating the proper quadrant or direction. Street signs required for new streets or street extensions shall be provided and placed by the city at the expense of the developer if the new street or extension is in conjunction with a private development. The city shall provide new street signs in areas hereafter annexed to the city; provided, that the city council may require the property owners in the area annexed to pay the cost of such signs as a condition of annexation.

C. All repairs and replacements of street signs will be accomplished by the city of Chehalis. If a street sign needs repair or replacement as a result of negligence or willful action of a person, the cost of said repair or replacement shall be paid by the person legally responsible.

D. Street designations shall be as follows:

1. “Boulevard” is a lengthy irregular or diagonal street over 10 blocks in length, generally an arterial;

2. “Streets” shall generally intersect boulevards;

3. “Avenues” shall generally intersect streets;

4. “Drives” are irregular or diagonal streets;

5. “Places” are streets parallel to but between streets;

6. “Ways” are streets parallel to but between avenues;

7. “Court” is a cul-de-sac which is not likely to be extended; and

8. “Lanes” are private streets or avenues in a private subdivision. [Ord. 819B § 13, 2007; Ord. 720B § 1, 2002.]

A. The numbering sequence for avenues in the southeast and southwest quadrants shall originate at the northerly boundary of said quadrants and proceed south. The numbering sequence for streets in the southeast and southwest quadrants shall originate at Market Boulevard and proceed easterly or westerly. The numbering sequence for avenues in the northeast and northwest quadrants shall originate at the southerly boundary of said quadrants and proceed northerly. The numbering sequence for streets in the northeast and northwest quadrants shall originate at Market Boulevard or National Avenue from where it joins Market Boulevard and proceed easterly or westerly.

B. Each block or equivalent, or each approximately 300 feet in areas where there are no intersecting streets, shall be assigned one hundred numbers, equally distributed within the length of the block. Landmarks and/or geographic points should be used if appropriate to separate each centennial number set.

C. Buildings on the northerly and easterly sides of streets shall receive even numbers.

D. Buildings on the westerly and southerly sides of streets shall receive odd numbers.

E. A prorated number shall be assigned to each designated point along the centerline of any right-of-way adjoining any private property. Counting shall begin at the end of the block nearest the N/S or E/W boundary division and progress in the appropriate direction. Any line drawn perpendicular to any centerline which passes through the primary door or entrance to any building will establish the address number for such building, except in the case of a “flag lot” with limited frontage, the address number shall be assigned based on the location of the frontage, not the building entrance.

F. In case of doubt or where a question arises as to the proper address number to be assigned to any lot or building, the zoning administrator or land use administrator for the city shall designate the number of such lot or building.

G. Any building which has a separate door or entrance fronting on a street shall have a number assigned to each such door or entrance. Individual buildings which have separate tenant spaces which do not front on a street shall have one address number assigned to the building with a designator of 1, 2, 3, etc., or A, B, C, etc., assigned to each of the tenant spaces. In the case of a residential multi-building complex, the complex shall be assigned the address number, each building shall receive a letter designation, and each unit shall receive a number designation. In the case of a nonresidential multibuilding complex, each building shall be assigned an address number corresponding with the nearest public or private street, and individual tenant spaces shall be assigned either a number or a letter designation. [Ord. 720B § 1, 2002.]

A. For commercial properties, addressing shall be according to the occupancy classification:

A = Assembly, B = Business, E = Educational, F = Factory, H = Hazardous, I = Institutional, M = Mercantile, R = Residential, S = Storage, U = Utility

For all newly constructed R-3 (single-family) and all new and remodeled existing I-1 occupancies, address numbers shall be installed conspicuously in contrasting color to the structure with a character height of not less than six inches high and not less than three inches wide with a stroke width of not less than three-quarters of an inch. R and I occupancies that are not visible from the public street or fire department access road on which they are addressed shall post the address numbers suitably and conspicuously at the convergence of the driveway and fire department access road serving the occupancy.

For all newly constructed occupancies except I-1, R-3, and U classified above with the primary egress immediately contiguous to the public way, e.g., public sidewalk, address numbers shall be installed conspicuously in contrasting color to the structure with a minimum character height of six inches and not less than three inches wide with a stroke width of not less than three-quarters of an inch.

For all newly constructed occupancies except I-1, R-3, and U classified above with the primary egress not immediately contiguous to the public way to a distance not greater than 500 feet from the public road frontage on which they are addressed or fire department access road, address numbers shall be installed conspicuously in contrasting color to the structure with a minimum character height of 12 inches and a width of not less than six inches with a stroke width of not less than 1.5 inches.

For all newly constructed occupancies except I-1, R-3, and U classified above that are located on a parcel greater than 500 from the public road or fire department access road on which they are addressed, address numbers shall be installed conspicuously in contrasting color to the structure with a minimum character height of 24 inches and a width of not less than 12 inches with a stroke width of not less than three inches.

B. All buildings hereafter constructed, added to, or substantially remodeled in the city shall be so numbered prior to a final inspection for occupancy. All existing buildings in the city shall be so numbered currently or within 10 days of any notice of violation.

C. If the owner of any building shall fail, refuse or neglect to post the number as required, or replace it when necessary, the fire marshal shall cause a written notice to be served on such person directing that the number be properly posted or replaced. Any such person not complying with said notice within 10 days after receipt thereof shall be deemed to be in violation of this chapter. [Ord. 988B § 6, 2018; Ord. 720B § 1, 2002.]

A. Every use hereafter created on any private property within the city, and every change of use or occupancy, shall provide for the parking and maneuvering of motor vehicles as specified in this chapter, except this chapter shall not apply to any change in use or occupancy in the downtown historic district.

B. The required number of on-site parking spaces for every use of property shall be as identified in CMC 17.78.020, Use chart adopted, and shall occur on the same tax lot or leased area as the development proposal, except as identified in CMC 17.84.060.

C. No development permit shall be issued for any new construction or addition to an existing structure if the required number of on-site parking spaces for the subject use or occupancy is not provided.

D. The DRC may consider reducing the required number of on-site parking spaces for any change of use or occupancy, or any addition to an existing structure, if all of the following are found to apply:

1. The applicant has submitted an engineering report, published study, or other bona fide documentation demonstrating that the required number of spaces may be reduced without impacting any public right-of-way;

2. The documentation submitted by an applicant has been determined by the DRC to be relevant and appropriate for the subject proposal;

3. The DRC has attached any conditions of development it determines appropriate to protect the public’s interest in any associated right-of-way; and

4. The DRC has found that the listed number of on-site parking spaces could not be physically provided without reducing the nature or scope of the proposal to an unreasonable development proposal.

E. Provisions for handicapped accessible parking spaces shall be as required in WAC 51-50-1106 or as otherwise required by the state. [Ord. 720B § 1, 2002.]

A. The size of parking spaces required for handicapped accessibility shall be consistent with the requirements of Chapter 51-40 WAC or as otherwise required by the state.

B. Each parking space shall be designed consistent with the minimum dimensions and configuration identified in Table 17.84A; provided, a maximum of 50 percent of the spaces provided may be reduced in width only by not more than six inches. Each such reduced width space shall be marked or stenciled on the parking surface near the entrance to the parking space with the word “compact.”

C. The surface of each parking space shall be improved such that a 6,000 pound gross vehicle weight (GVW) vehicle can remain undisturbed for a 24-hour period under any normal weather conditions (temperature range -20 degrees Fahrenheit to +102 degrees Fahrenheit; 100 percent ground water saturation of pervious surfaces) without damage to the parking surface by such a vehicle. Such improved surface may be gravel, asphalt, concrete, or any other properly engineered material.

D. Each parking space shall be accessible from a public right-of-way or alley, and shall provide for the required maneuvering of vehicles such that no vehicle is required to back up onto a street right-of-way. Such access may be provided through approved private roads, driveways, or adjacency to an alley.

E. Nonresidential parking spaces located adjacent to any residential zone, including alleys, shall provide a minimum five-foot-high, 85 percent opaque fence or landscape such that the residential zone is buffered from the parking space. [Ord. 720B § 1, 2002.]

A. Portions of access driveways located upon private property shall comply with the requirements of this section. Portions of access driveways located upon any public right-of-way or any alley shall comply with the requirements of the development engineering standards.

B. Access driveways, when provided, shall be designed to provide required access to required parking spaces. Driveway width dimensions shall be consistent with the applicable design configuration identified in Table 17.84A, and in no case less than 12 feet in width. Where “two-way” driveways are provided, the minimum width requirement shall apply to each direction, except: if parking spaces are designed using the 90-degree configuration, only the stated driveway width (Table 17.84A, Column D) need be provided.

C. Where a city alley is utilized as the driveway approach to a parking space, the driveway width may include the alley right-of-way in its calculation; provided, that the remainder, if any, of the required width is provided on the developed property.

D. The design and configuration of driveways shall be subject to the requirements of the development engineering standards.

[Ord. 819B § 13, 2007; Ord. 720B § 1, 2002.]

A. The provisions of this section shall apply to the development of two or more nonresidential parking spaces, or five or more residential parking spaces.

B. All regulated parking lots shall provide for on-site storm water management consistent with the development engineering standards.

C. Nonresidential parking lots shall provide a minimum five-foot-high, 85 percent opaque fence or landscape separating the parking lot from any abutting residential zone.

D. Driveways serving nonresidential parking lots shall not occur from any alley serving any residential zone. An exception to this requirement may be granted by the DRC if:

1. The applicant demonstrates that consumer parking is not likely to occur from the subject driveway;

2. The driveway shall be signed “employees only”; and

3. The DRC has attached conditions to the development permit sufficient to cause the driveway to function as anticipated.

E. Driveways serving residential parking lots with seven or more parking spaces shall not occur from any alley serving any residential zone. An exception from this requirement may be granted by the DRC if:

1. There is no possible physical opportunity to construct a complying driveway on the subject property because of existing dimensions or topography;

2. The limitations on the property have not been created by action or acquiescence of the property owner or the applicant; and

3. The DRC has attached conditions to the development permit sufficient to cause traffic in the subject alley to not become a public nuisance.

F. Nonresidential parking lots shall construct and maintain a continuous border at least three feet in width consisting of any type of evergreen plants to visually enhance the site. Such border shall not create any visibility obstruction on any public way or any internal driveway. Driveways, pedestrian walkways and storm water management devices may penetrate such a border.

G. Whenever the parking space configuration for any nonresidential parking lot provides for unusable space at the end of any parking row, or any lot corner, and such space is not part of a required driveway, such space shall contain landscape plantings of any type of evergreen materials to visually enhance the site.

H. Nothing herein shall preclude the use of any other landscape materials for parking lots; provided:

1. At least 20 percent of the landscape area is covered with evergreen plants;

2. No traffic visibility obstruction is created by such plantings or landscape;

3. No impact or obstruction to a public way is created by such proposal unless approved by the public works director; and

4. Such proposal is not otherwise prohibited by any agency with jurisdiction (e.g., utilities – root systems; wetland – invasive species, etc.). [Ord. 819B § 13, 2007; Ord. 720B § 1, 2002.]

A. No required parking space shall be located within any required street setback in any zone.

B. Nothing herein shall preclude any required parking space from being located within a building, provided the building complies with all applicable regulations of this title.

C. Nothing herein shall require that any parking space be covered or within a building, except:

1. A minimum of one parking space assigned to each residential unit within a PUD proposal shall be covered with a roof structure complying with the building code and covering the entire parking space.

2. Any vehicle used in the conduct of a home occupation or home-based industry within any residential zone shall be required to be garaged within a carport or building, unless such vehicle is used also as the domestic residential vehicle and contains no advertising anywhere on such vehicle. [Ord. 720B § 1, 2002.]

A. Each tenant space within a multi-tenant or mixed-use building shall provide for the required number of parking spaces as identified in CMC 17.78.020; provided, if the calculated number of parking spaces exceeds 100, the required number of spaces for the building may be reduced by five percent; if the calculated number exceeds 300, the required number may be reduced by 10 percent. The DRC shall find that no impact to a public right-of-way is likely to occur before it may approve such reduction.

B. Each tenant space within a multi-building complex shall provide for the required number of parking spaces as identified in CMC 17.78.020 for each tenant; provided, the total number of parking spaces required for the complex may be reduced by five percent for each building utilizing such parking lot up to a maximum reduction of 20 percent.

C. Nothing herein shall preclude the DRC from considering a traffic engineering report submitted by a licensed traffic engineer as an alternative to subsections (A) and (B) of this section; provided, that the public works director shall determine the adequacy thereof in the DRC decision-making process.

D. Any proposal which involves two or more legal tax lots or leased areas as a joint project shall file a notarized agreement with the DRC, substantially consistent with the form identified in Appendix Chapter B identifying the joint use of a subject parking area. Such parking arrangement which is filed as part of an approved binding site plan shall not require a separate agreement.

E. Any approved off-site parking lot or facility shall be located within 200 feet of the associated use. [Ord. 720B § 1, 2002.]

A. Any development permit application for any new construction, addition to an existing structure, substantial alteration, substantial repair, and/or change of use or occupancy, and which proposes or requires the involvement of any delivery vehicle in excess of 12,000 pounds GVW in the conduct of the use or occupancy, shall provide for the on-site loading, unloading, and maneuvering of such a vehicle without impacting any public right-of-way.

B. The requirements of subsection (A) of this section shall not be applicable:

1. Within the central business district (CBD) zone; and

2. Whenever the public works director may approve the continuance of an existing operation of deliveries which does involve a public right-of-way.

C. No delivery truck may be parked within any right-of-way within the city except as may be consistent with Chapter 10.20 CMC and approved by the chief of police. [Ord. 720B § 1, 2002.]

A. No parking lot lighting system shall emit a hum, buzz or other noise in excess of the maximum noise level established in Chapter 173-60 WAC (maximum noise level permitted).

B. No parking lot lighting fixture in excess of 300 watts shall cause or allow directed light to be emitted to an elevation higher than the plane of the bottom of the fixture emitting such light within any ASD-0 through ASD-5 zone.

C. No parking lot lighting system shall cause or allow directed light to be emitted into or onto any residential zone except the property upon which the lighting system is installed.

D. A single bulb incandescent, mercury vapor, sodium vapor, halide, halogen, or other technically available lighting fixture of 300 watts or less may be installed on any single-family residential property; provided, that the light emitted from such fixture is directed or shielded such that no illumination of any adjacent residential building occurs.

E. No lighting fixture or parking lot lighting system shall be installed in such a manner as to interfere with a motorist’s field of vision when traveling on a public right-of-way. [Ord. 720B § 1, 2002.]

A. Any development permit application which involves the creation, expansion or conversion of any drive-up or drive-through service facility (e.g., drive-up window) shall provide for the stacking or queuing of motor vehicles at the following rates for each such service bay or window:

1. Fast food facility – eight vehicles or 160 lineal feet;

2. Espresso stand/facility – four vehicles or 80 lineal feet;

3. Bank/financial facility – four vehicles or 80 lineal feet;

4. Office (payment) facility – two vehicles or 40 lineal feet;

5. Professional service – three vehicles or 60 lineal feet;

6. Other type of facility – as determined by the development review committee.

B. The development review committee may consider standards other than those identified above if documentation or other “industry standards” information is presented.

C. Required stacking or queuing spaces shall be designed so that no vehicle blocks or obstructs any through traffic lane or pedestrian way while waiting in such space.

D. If the facility design provides for more than one service window to serve each vehicle, only one of the windows need be considered for calculating the required stacking or queuing. [Ord. 720B § 1, 2002.]

The purpose of this chapter is to establish minimum requirements and standards for landscaping, buffering, and screening where needed to:

A. Promote safety;

B. Provide screening between incompatible land uses to safeguard privacy and to protect the aesthetic assets of the city;

C. Provide for standards for landscaping of commercial, industrial, and multifamily residential uses with more than five residential units; and

D. Retain significant trees; and

E. Minimize surface water runoff and diversion, facilitate infiltration, prevent soil erosion, and improve the quality of stormwater discharge to protect surface waters;

F. Allow the use of modern construction techniques and materials to provide for screening and buffering in standards for landscaping (i.e., composite materials in place of masonry or concrete or alternate materials for fencing or paving). [Ord. 1102B § 1, 2024.]

A. A plot plan of the proposed landscaping and screening (landscape plan) shall be prepared by a licensed landscape architect, Washington-certified nurseryman, or Washington-certified landscaper and incorporated into plans submitted for preliminary plat, site plan review, conditional use permit, planned unit development, master plan, administrative design review or building permit review.

B. The landscape plan shall contain the following information:

1. Existing plant material and soil to be retained;

2. Proposed plant material to be placed on site. The type, size, number and spacing on plantings must be shown and listed in a table showing plant material, sizes and quantities;

3. Surface parking location and design;

4. Trash and recycling areas and bin location;

5. Loading and service areas location;

6. Screening and buffering: general; perimeter fencing and walls; parking structures; and surface parking lots;

7. All areas where soils are to be amended;

8. Existing or proposed open space areas (natural or enhanced);

9. Timeline for site preparation and installation of plant materials;

10. Critical areas and their buffers. New landscape plans on properties containing critical areas will be held to CMC 17.21.087.

C. All landscape plans shall be drawn to a scale of one inch equals 40 feet, or larger.

D. The applicant shall utilize tree protection techniques including minimizing grading within a tree dripline and avoiding cutting or removing more than 30 percent of a tree’s root system without the approval of a certified arborist. These standards are examples of the minimum necessary standards to provide for the continued healthy life of retained significant trees including during land alteration and construction. The applicant must at all times use all other generally accepted construction practices for tree preservation when working within a dripline for a significant tree to be retained.

E. Root barriers shall be included as specified below when trees are to be planted within 10 feet of the public right-of-way, public or private sidewalk or paved walkway, public or private pedestrian plazas, or within 10 feet of any public water or sewer utility. Root barriers shall meet the following standards:

1. Tree root barrier material shall be installed and shall be from a list of materials approved by public works.

2. The tree root barrier shall extend 15 feet past the tree trunk on each side facing the sidewalk or utility.

3. Tree root barrier material shall be placed at least 24 inches from the curb, sidewalk or utility.

4. Root barrier depth shall be a minimum of 18 inches unless greater depth is specified by the city of Chehalis public works department. [Ord. 1102B § 1, 2024.]

Exemptions from the requirements of this chapter apply as follows:

A. Single-family residences.

B. Duplex residences when proposing no more than one structure.

C. Multifamily residential developments with:

1. Less than five dwelling units per proposed structure; and

2. No more than one structure per lot; and

3. The parcel abuts only residential zones.

D. The construction of an office, school, commercial, recreational, service, or storage building with:

1. Less than 2,000 square feet of new or remodeled building area, and located on a road not requiring frontage improvements per CMC 12.04.110 except when abutting a residential use; or

2. Less than 1,000 square feet of new or remodeled building area and located on a road requiring frontage improvements per CMC 12.04.110, if the applicant can demonstrate that the cost to meet the landscape requirements exceeds 10 percent of the cost of the development except when abutting a residential use.

E. Renovations or remodels that do not alter the landscaping or building footprint or parking and maneuvering areas. [Ord. 1102B § 1, 2024.]

A. Significant Trees – Defined. A “significant tree” is defined as a tree that is not on the prohibited tree list in CMC 12.04.320(J) and is a tree in good health that is 16 inches diameter breast height (measured four and one-half feet above grade) for single trunk trees. For multi-trunked trees, the DBH shall be the average of the tree trunks at DBH for the purpose of determining if it meets the significant tree designation.

B. Applicants required to prepare a landscape plan by this chapter shall retain significant trees except as provided below:

1. Trees that constitute a safety hazard as shown by a professional arborist’s report may be removed. When feasible, options that mitigate the safety hazard and maintain priority snags should be explored.

2. Tree clearing approved through an approved forest practices application are exempt from the requirements of this section.

3. Significant trees within areas required for access and sight distance as defined in this code, and areas to be cleared for required roads, utilities, sidewalks, trails, or storm drainage improvements, are exempt from this requirement.

4. The removal of up to two significant trees per acre within a 12-month period. This exemption may be combined with the items in subsections (B)(1) and (B)(2) of this section.

5. Where it can be demonstrated that removal of a significant tree would allow the site to function for its intended use, significant trees in excess of the maximum allowable removal within a 12-month period may be removed with the approval of the city manager or their designee through the variance process as listed in CMC 17.09.190, subject to variance approval criteria. Trees removed under this circumstance shall be replaced at a ratio of 2:1 and shall be included with the proposed landscaping plan or shall be planted prior to occupancy if no landscape plan is otherwise required. The responsible official may approve use of existing vegetation to fulfill landscaping and screening requirements of this section if that existing landscaping provides at least an equivalent level of screening as the standard required for the development in question.² [Ord. 1102B § 1, 2024.]

All projects not specifically exempted by CMC 17.85.025 shall be required to provide landscaping that satisfies the functions and specific requirements of this section. Required landscaping shall not apply between buildings in common wall construction situations.

A. Type I – High Screen Landscaping.

1. Purpose. Type I landscaping is intended to provide a very dense sight barrier and physical buffer to significantly separate conflicting uses and land use districts and to screen trash and recycling areas and loading areas.

2. Requirements.

a. Type I landscaping shall be required whenever a commercial or industrial district abuts a residential use.

b. Type I landscaping is also required in a mixed use zoning district when a nonresidential use abuts a residential use.

c. Required Materials. The Type I standard requires enough high shrubs to form a screen six feet high and 95 percent opaque year-round. In addition, one tree is required per 30 lineal feet of landscaped area or as appropriate to provide a tree canopy over the landscaped area. Ground cover plants must fully cover the remainder of the landscaped area with the exception of stormwater bioretention facilities which must be designed and vegetated per the standards in CMC 12.04.340. Bioretention facility plantings may be used in combination with perimeter shrubs to achieve the required width of the buffer, provided a continuous screen six feet high and 95 percent opaque year-round can be achieved within two years of planting.

d. A six-foot-high wall or fence that complies with the Type IV standard shown in Figure 1 with or without a berm may be substituted for shrubs, but the trees and ground cover plants are still required. If a Type IV standard is applied, the minimum width shall be six feet. When applied along street frontage(s), the screen or wall is to be placed along the interior side of the landscaped area.

e. Type I landscaping areas shall provide a minimum width of 15 feet.

f. All plant materials and vegetative ground cover must be selected and maintained so that the entire landscape area will be covered within three years.

g. All intervening area not occupied by trees or shrubs shall be covered by vegetative ground cover, mulch, beauty bark, or rock that will fill the remainder of the required planting area(s).

h. Any other alternative mix of plantings can be considered provided the intent of the Type I landscaping type is satisfied through CMC 17.85.060, Alternative landscape option.

i. Landscape plantings shall be developed or adapted to the conditions of the Northwest.

B. Type II – Low Screen Landscaping.

1. Purpose. Type II landscaping is intended to provide visual separation of uses from streets, and visual separation of compatible uses so as to soften the appearance of streets, parking areas and building elevation. This landscaping is used around the perimeter of a site and adjacent to buildings.

2. Requirements.

a. A Type II low screen landscaping is required whenever the proposed use abuts a similar zone at a different scale or intensity. For example, a single-family residential zoning district abutting a multifamily residential district or between differing commercial zones.

b. In a mixed use zoning district, the Type II landscaping is required in a similar manner between uses abutting similar uses at different densities. For example, when a neighborhood commercial use abuts a general commercial use or between varying densities of residential uses.

c. Required Materials. The Type II standard requires enough low shrubs to form a continuous screen three feet high and 95 percent opaque year-round. In addition, one tree is required per 30 lineal feet of landscaped area or as appropriate to provide a tree canopy over the landscaped area. Ground cover plants must fully cover the remainder of the landscaped area with the exception of stormwater bioretention facilities which must be designed and vegetated per the standards in CMC 12.04.340. Bioretention facility plantings may be used in combination with perimeter shrubs to achieve the required width of the buffer, provided a continuous screen six feet high and 95 percent opaque year-round can be achieved within two years of planting. A three-foot-high masonry wall or fence at a Type IV standard or a berm may be substituted for shrubs, but the trees and ground cover plants are still required. When applied along street lot lines, the screen or wall is to be placed along the interior side of the landscaped area. See Figure 1.

d. When Type II landscaping is required to provide partial screening between uses, a minimum planting area of eight feet in width shall be provided. This can be decreased to five feet if a Type IV screen is provided to the standard above.

e. All plant materials and vegetative ground cover must be selected and maintained so that the entire landscape area will be covered within three years.

f. All intervening area not occupied by trees or shrubs shall be covered by vegetative ground cover, mulch, beauty bark, or rock that will fill the remainder of the required planting area(s).

g. Any other alternative mix of plantings can be considered provided the intent of the Type II landscaping type is satisfied as allowed through CMC 17.85.060, Alternative landscaping option.

h. In a commercial or multifamily residential zoning district and where a building is to be placed at the buffer line for a front setback, permeable pavement may be used in place of the required ground cover for the length of the building for the front setback only; provided, the required trees are still supplied, the paved area is connected to the public sidewalk, and pedestrian amenities are provided such as benches or pedestrian plazas. The building need not be placed at the required buffer line to utilize this section if the area between the buffer line and the building is devoted entirely to pedestrian only areas.

i. Landscape plantings shall be developed or adapted to the conditions of the Northwest.

C. Type III.

1. Purpose. Type III landscaping is intended to provide visual relief where clear sight is required. This landscaping type is utilized between sites abutting the same zoning or use at the same intensity. For example, if two abutting sites are designated as the same zoning district or within a mixed use zone, the uses are similar in type and density or intensity.

2. Requirements.

a. Required Materials. There are two ways to provide trees and shrubs to comply with a Type III standard. Shrubs and trees may be grouped. Ground cover plants, grass lawn or approved ground cover (i.e., pavers, bark mulch or chips, decorative gravel) must fully cover the landscaped area not in shrubs and trees. See Figure 1 for an illustration of a planting standard that can comply with the Type III standard.

b. Where the area to be landscaped is less than 10 feet deep, one tree shall be provided per 30 linear feet of landscaped area.

c. Where the area is 10 feet deep or greater, one tree shall be provided per 800 square feet and either two high shrubs or three low shrubs shall be provided per 400 square feet of landscaped area.

d. In a commercial or multifamily residential zoning district and where a building is to be placed at the buffer line for a front setback, permeable pavement may be used in place of the required ground cover for the length of the building for the front setback only; provided, the required trees are still supplied, the paved area is connected to the public sidewalk, and pedestrian amenities are provided such as benches or pedestrian plazas. The building need not be placed at the required buffer line to utilize this section if the area between the buffer line and the building is devoted entirely to pedestrian only areas.

e. The minimum width for Type III landscaping shall be six feet along street frontages to provide adequate rooting area for large street trees and to provide adequate streetscape.

f. Ground cover or low shrubs developed for conditions of the Northwest shall be planted. Ground cover in planting strips where on-street parking is present shall be turf type grass, whereas low shrubs shall be required in areas without on-street parking to provide both visual and physical separation between moving traffic and pedestrians.

Figure 1 – Diagram of landscape types:

D. Parking Lot Landscaping.

1. Purpose. To provide visual relief and shade in parking areas.

2. Requirements.

a. Quantity.

i. If the parking area contains no more than 25 parking spaces, at least 35 square feet of landscape area must be provided for each parking stall proposed.

i. If the parking area contains more than 25 spaces, at least 50 square feet of Type IV landscape area must be provided for each parking stall proposed.

b. Design.

i. Landscaping shall be provided along all parking and maneuvering areas to the low screen standard if parking areas face perimeter lot lines.

ii. The minimum width for parking lot landscaping shall be six feet for landscape islands and around the property lines abutting the parking area.

iii. Planting areas shall be provided with the maximum number of trees possible given recommended spacing for species type, with a minimum of at least one tree per planting island.

iv. No parking stall shall be located more than 50 feet from a tree.

v. All intervening area not occupied by trees or shrubs shall be covered by vegetative ground cover that will fill the remainder of the required planting area(s) within three years of planting.

vi. A landscaped area must be placed at the interior end of each parking row in a multiple-lane parking area. This area must be at least eight feet wide and must extend the length of the adjacent parking stall.

vii. Landscaping islands must be placed in every parking row with a maximum spacing of at least one island every 10 parking spaces. Parking row islands shall be a minimum of eight feet in width and shall extend a minimum length of 10 feet. Provided, that the city manager or their designee may approve of a different configuration in order to provide a more attractive and functional design consistent with the intent of this chapter to promote aesthetic values and a pedestrian-friendly parking lot so long as the total area of parking lot landscaping required is met.

viii. Landscaping islands and landscape portions of pedestrian corridors may be used for drainage treatment and be given credit on drainage calculations under Chapter 5 of the Development Guidelines. However, the primary purpose shall remain landscaping, and the health of all vegetation and aesthetic character shall not be compromised. Additionally, in no case shall the grade between the parking lot surface edge and the landscape island or pedestrian corridor surfaces be greater than six inches when a swale concept is utilized, and it is intended to meet minimum landscaping space requirements.

ix. Landscape plantings shall be developed or adapted to the conditions of the Northwest.

c. Timing, Selection, Installation, and Maintenance Standards.

i. Street trees shall comply with CMC 12.04.320(J).

ii. Timing. The applicant shall install landscaping and screening required by this section consistent with the approved site plan or an approved modification thereto before the county issues an occupancy permit or final inspection for the development in question; provided, the responsible official may defer installation of plant materials for up to six months after the county issues an occupancy permit or final inspection for the development in question if the responsible official finds doing so increases the likely survival of plants.

iii. Shrubs shall be supplied in a minimum of three-gallon containers or equivalent burlap balls, with a minimum spread of 18 inches to meet the L2 buffer requirement, and minimum of five-gallon containers or equivalent burlap balls with a minimum spread of 30 inches to meet the L3 buffer requirements. Reduction in the minimum size may be permitted if certified by a registered landscape architect that the reduction shall not diminish the intended effect or the likelihood the plants will survive.

iv. Ground cover plants shall be placed so that a complete ground cover can be achieved within three years and staggered for an effective covering. A lawn or flower bed of flowers approved by the responsible official may be substituted for ground cover plants.

v. Tree Selection. Trees may be deciduous or evergreen. The required tree height shall be measured from the ground level at final planting to the top of the tree.

vi. Required trees for parking and loading areas shall be a minimum caliper of two inches and a minimum height of 10 feet at the time of planting.

vii. Required deciduous trees (other than street trees) shall be fully branched, have a minimum caliper of one and one-half inches, and a minimum height of eight feet at the time of planting.

viii. Required evergreen trees (other than street trees) shall be fully branched and a minimum of six feet high at the time of planting.

ix. If the responsible official decides reducing the minimum size of trees will not detract from the desired effect of the trees, the minimum size of trees (other than street trees) may be reduced if the applicant submits a written statement by a landscape architect registered in Washington or expert in the growing of the tree(s) in question certifying that the reduction in size at planting will not decrease the likelihood the trees will survive.

x. Selection Generally. Landscape materials should be selected and sited to produce a hardy and drought-resistant landscape area. Selection should include consideration of soil type and depth, the amount of maintenance required, spacing, exposure to sun and wind, the slope and contours of the site, compatibility with existing native vegetation preserved on the site, water conservation where needed, and the impact of landscaping on visibility of the site for purposes of public safety and surveillance. Landscaping materials shall be selected in accordance with a list of plant materials found in the Standard Details Manual.

xi. All intervening area not occupied by trees or shrubs shall be covered by vegetative ground cover that will fill the remainder of the required planting area(s) within three years of planting.

xii. Earthen berms with grass or other vegetative ground cover and other design features may be worked into landscaping, provided the resultant effect of providing a pedestrian-friendly environment and visual relief where clear sight is required can be achieved.

xiii. Landscaping shall be native and drought tolerant with exception of trees on the city’s street tree list. [Ord. 1102B § 1, 2024.]

A. The following uses require Type I landscaping along all perimeter lot lines when located above ground and not housed within a building, and if located outside a public right-of-way:

1. Utility substation;

2. Sewage pumping station;

3. Water distribution facility;

4. Communication relay station.

B. The following uses require Type III landscaping along street frontages and throughout the required front setback area, as well as Type II landscaping between the required front setback area and improvements on the property and along interior property lines unless a more stringent requirement is specifically identified in a land use district:

1. Church.

2. Commercial or public parking lot or structure not serving a primary use.

3. Government service building.

4. Community club.

5. School.

6. Hospital.

7. Jail or prison facility.

C. Whenever a nonresidential use is proposed adjacent to a residential zone or residential use in a mixed use zone, a minimum of a Type I landscaping shall be provided along the property boundary separating the uses. Alternative configurations may be considered in accordance with CMC 17.85.060 – Alternative landscaping option.

D. An area around the base of each ground-mounted sign or similar fixtures must be landscaped to include vegetation and may include other materials and components such as brick or concrete bases, planter boxes, or decorative framing.

E. All refuse storage container areas shall be either fully enclosed or screened from view with a Type I landscape buffer.

F. In front yard areas required to be landscaped under city requirements, a minimum of 60 percent of the required area shall be landscaped with natural plant materials. This may include grass or other ground cover, trees, shrubs, and other permitted plant materials. Planting areas shall be designed and constructed in a manner that will make possible normal maintenance such as mowing and watering. [Ord. 1102B § 1, 2024.]

A. The applicant may request a modification of the landscaping requirements set forth in CMC 17.85.050 and 17.85.055.

B. The enforcing officer, design review committee and/or hearing examiner may approve a modification of the landscaping requirements of this chapter only if:

1. The proposed landscaping represents an equal result that could not have been achieved by strictly following the requirements of this chapter; and

2. The proposed landscaping complies with the stated purpose of this chapter and provides a more attractive and functional design than would otherwise have been achieved by strictly following the requirements of this chapter.

C. Natural vegetation or stands of trees existing prior to development of the site may be acceptable to meet all or part of the landscaping requirements. [Ord. 1102B § 1, 2024.]

The applicant shall utilize native regional plant materials or plant materials that complement the natural character of the Pacific Northwest. [Ord. 1102B § 1, 2024.]

A. It shall be the responsibility of the property owner/developer to ensure the provision of healthy, growing landscaping. The property owner shall replace any unhealthy or dead plant materials in conformance with the approved landscape development proposal and shall maintain all landscape material.

B. Unless entirely landscaped with significant trees preserved under CMC 17.85.040, all areas where new landscaping is being required, excepting new single-family lots, shall be provided with irrigation systems designed by a licensed landscape architect, Washington-certified nursery person, Washington-certified landscaper or professional engineer. Said irrigation systems shall be designed, installed and operated to maintain the plant materials to the standards detailed in subsection (A) of this section. The city may waive landscape irrigation provided an alternative method to irrigate the plantings for three years is approved by the city and a maintenance assurance device in the amount of 100 percent of the replacement cost of the landscape materials is provided.

C. All trees, plant materials and landscaped areas shall receive sufficient water to be kept in a healthy and growing manner. [Ord. 1102B § 1, 2024.]

Landscape features such as decorative paving, sculptures or fountains are permitted in the required landscaping area, except where they conflict with the purpose of this chapter. Paving materials may include alternate equivalent materials for paving and masonry. The area devoted to such a feature may not exceed 25 percent of the required area. [Ord. 1102B § 1, 2024.]

Code reviser’s note: Ord. 1102B adds this chapter as 17.28. It has been editorially renumbered to be placed in the correct division of this title.

Code reviser’s note: This subsection has been reworded for clarity by the city from how it appears in Ord. 1102B.

A. The purpose and intent of this chapter is to regulate exterior signs so as to protect the public health, safety and morals, to promote the public welfare, aesthetics and economic growth of the city of Chehalis, to promote proper maintenance of signs and their thoughtful placement and design to fit within the different land use zones, to promote commercial communication that recognizes the needs of businesses of various sizes, and to promote creative and innovative design. These shall be done by regulation of the posting, displaying, erection, use and maintenance of signs.

B. This chapter shall not regulate building design, nor shall it regulate official, governmental direction signs and traffic signs, sign copy, signs not able to be viewed from public rights-of-way, window displays, point of purchase advertising displays such as product dispensers, national flags, flags of political subdivisions, symbolic flags of an institution or business, gravestones, barber poles, historical site plaques, signs two square feet or less in residential zones giving the occupant name and/or street number; or other signs less than two square feet of a noncommercial nature on private property. [Ord. 720B § 1, 2002.]

It shall be unlawful for any person to erect, re-erect, construct, apply or structurally alter or move any sign or cause the same to be done, except as provided by this chapter, without first obtaining a sign permit for such sign, except as provided in CMC 17.86.030. [Ord. 720B § 1, 2002.]

While all signs must comply with the provisions of this chapter, permits shall not be required for the following signs located on private property:

A. Changing of advertising copy or message on a lawfully erected electric or painted sign, theater marquee or similar signs specifically designed for changeable copy.

B. Painting, repainting, cleaning, repairing, and other normal maintenance unless structural or electrical changes are made or added.

C. Real estate signs six square feet or less in residential zones and 32 square feet or less in commercial or industrial zones.

D. Political signs eight square feet or less.

E. Temporary signs and decorations customary for special holidays.

F. Incidental signs eight square feet or less in area.

G. Temporary paper signs in windows which do not exceed 50 percent of the window area.

H. Religious signs eight square feet or less in area.

I. Temporary construction signs, unless otherwise regulated, limited to two per project denoting the architect, engineer, contractor and/or developer, not exceeding 32 square feet each.

J. Memorial signs or tablets, names of buildings, dates of erection and the like attached to a building.

K. Bulletin boards not over 16 square feet in area for each public, charitable or religious institution when the same is located on the premises of said institution.

L. Signs required by law, traffic or pedestrian control signs, signs indicating scenic or historic points of interest which are erected by or on the order of a public officer in the performance of his public duty.

M. Sculptures, fountains, mosaics, and design features which do not incorporate advertising or identification.

N. The flag of a government or a noncommercial institution such as a school.

O. Official public notices and/or official court notices.

P. Signs painted on or attached inside a window using less than 50 percent of the window.

Q. Temporary signs 16 square feet or less in area which are displayed for less than 30 days.

R. Essential public needs signs such as restrooms, telephones, beware of dog, deliveries in rear, entrance, exit, and the like, which are less than two square feet in area and project not more than two inches from the wall surface to which they are attached.

S. Air-filled or helium-filled balloons, shapes or caricatures mounted upon and anchored to a building or the ground in the vicinity of a building for which the advertising is displayed, and not exceeding the height limitations for a sign structure in the specific zone.

T. Helium-filled balloons, shapes or caricatures tethered to a building or structure, and which tether does not exceed 150 feet in length or the height of the airport safety zone at the specified location, whichever is lower. [Ord. 769B § 23, 2004; Ord. 720B § 1, 2002.]

A. Any development permit application which also contains proposed signage shall constitute a sign permit application.

B. Signage proposed as a deferred submittal in conjunction with any development permit application shall constitute a sign permit application at such time as the signage proposal is received by the DRC.

C. Any sign construction proposal which is not consistent with subsection (A) or (B) of this section shall apply for a sign permit on forms provided by the city (Appendix Chapter B).

D. Any sign permit application which is submitted as required in subsection (C) of this section shall have the required application fee attached thereto. Any sign permit application submitted consistent with subsection (A) or (B) of this section shall not require a separate application fee. [Ord. 720B § 1, 2002.]

Any application for a sign permit shall be processed and decided by the DRC in the same manner as a development permit (CMC 17.09.125). [Ord. 720B § 1, 2002.]

Any sign permit issued by the city shall require construction inspections by the building inspector as appropriate for the specified project. The permit holder shall inquire of the building division as to the required inspections for the specific nature and scope of work. [Ord. 720B § 1, 2002.]

Each regular zone identified in Division V of this title contains special provisions relating to signs in such zones. All applicable provisions of Division V of this title shall be mandatory elements of any sign permit application review process in addition to the general provisions in this chapter. [Ord. 720B § 1, 2002.]

A. Any sign permit application which proposes to incorporate graphics, registered trademarks or logos, standard corporate signage, franchised business names, or other signage readily identifiable as consistent with media publicity associated with the applicant, into the building structure may be approved by the DRC, provided:

1. The applicant has demonstrated that the proposal is a standard design used by the occupant or tenant of the building for other like premises in other locations;

2. The applicant has submitted a colored rendering of the proposal to scale on 11-inch-by-17-inch paper;

3. The proposal does not exceed 150 percent of the sign area that would otherwise be permitted;

4. The proposal does not otherwise violate any building or fire codes, or other provisions of this title;

5. The DRC has identified any conditions of approval that it deems appropriate for all applicable circumstances; and

6. The proposal is not located within an historic district.

B. Any sign permit application which proposes to construct or reconstruct any historically significant sign within any historical district, and such historical significance is sufficiently documented to the DRC by the applicant, may be permitted by the DRC. In approving such a proposal, the DRC need not consider all provisions of this chapter as long as:

1. The historic commission has verified the historical significance of such sign proposal; and

2. No health, fire-safety or life-safety hazards would be created by such proposal. [Ord. 720B § 1, 2002.]

The examiner may grant a variance for an off-premises advertising sign, provided:

A. The product and/or service advertised on any off-premises sign is readily available within the corporate limits of the city through a bona fide business;

B. The location of any off-premises sign shall be not more than 300 feet from North National Avenue or N.E. Kresky Avenue, each of these being designated major arterials;

C. Any off-premises sign shall meet the size, location, lighting and other regulations required elsewhere in this chapter and Division V of this title for on-premises signs;

D. Any business establishment advertised on any off-premises sign shall be located within the corporate limits of the city;

E. Such a sign shall meet all other applicable provisions of this title;

F. The variance procedures specified under CMC 17.09.190 have been followed relative to application for such a sign proposal and approval or denial thereof; and

G. The city manager may approve the placement of signs on city-owned property or right-of-way when it is deemed in the best interest of the public or for public safety. Any sign placement approved by the city manager must meet the design considerations outlined within this section. As part of this approval process, the development review committee will recommend to the city manager approval or disapproval, including justification as to the recommendation. [Ord. 969B § 1, 2017; Ord. 720B § 1, 2002.]

The city will authorize one freestanding sign in the Louisiana Avenue roundabout adjacent to parcel number 021612-011-001. Approval of the commercial sign must be done by way of an annual license agreement stating the sign will be allowed for reasonable compensation to the city as determined by the council. The language of the agreement shall be drafted by the city attorney and approved by the council. At a minimum, the agreement shall contain the following language:

In no case shall any sign which constitutes a traffic hazard or detriment to traffic safety by reason of its size, location, movement, coloring, method of illumination, by obstructing the vision of drivers, or detracting from the visibility of any official traffic control device by diverting or tending to divert the attention of drivers of moving vehicles from traffic movement on streets, roads, intersections, or access facilities. No sign shall be erected so that it obstructs the vision of pedestrians by glare or method of illumination or constitutes a hazard to traffic. No sign may use words, phrases, symbols or characters in such a manner as to interfere with, mislead, or confuse traffic. No vehicles shall be placed in the roundabout or be allowed to function as signage.

[Ord. 921B § 1, 2014.]

Signs extending above or higher than any roof covering of any building to which they are attached shall not be permitted, except:

A. Signs attached and parallel to a parapet shall be considered wall signs if no part of the subject sign extends higher or wider than the top of the parapet;

B. Any sign having documented historical significance consistent with CMC 17.86.080(B); or

C. If located upon a single-story building containing a permitted commercial use or occupancy, and:

1. The permitted size of signs for the premises cannot be physically placed on available wall surface; and

2. The roof has a minimum pitch or slope of 4:12; and

3. The proposed sign does not exceed 24 inches in height and the maximum size permitted for a wall sign; and

4. No part of the sign structure is higher in elevation than two-thirds the distance between the eave line and the ridge line (see diagram in Appendix Chapter Q), and is parallel to the ridge line; and

5. The sign is internally illuminated, indirectly illuminated from below, or not illuminated; and

6. The sign copy consists of the business name and/or logo only, having no other advertising thereon; and

7. The building is not located within an historic district. [Ord. 720B § 1, 2002.]

A. Signs may be erected upon private property at entrances to off-street parking lots.

B. Wording on such signs shall be limited to the name of the business and may include the words “Customer Parking Only,” and/or “Tow-Away” information.

C. One such sign, not larger than 20 square feet, shall be permitted at each entrance.

D. A permit shall be required for such signs. [Ord. 720B § 1, 2002.]

A. Directional signs giving directions to motorists regarding the location of parking areas, delivery areas, access drives and accessways shall not exceed six square feet per sign face and shall meet the location requirements of this chapter. Permits are not required.

B. Real estate signs shall not exceed one for each street frontage, shall not exceed 32 square feet per sign face, and shall not be illuminated. Permits are not required.

C. Incidental signs shall be restricted to one per 25 feet of principal street frontage, shall not exceed eight square feet, and be limited to four such signs per business. Incidental signs shall include, but are not limited to, gasoline price signs, bank interest signs, and signs advertising a specific product or service. Such signs shall conform to the regulations of this chapter.

D. Temporary signs erected for a specific time period not to exceed 30 days are permitted for special functions such as grand opening or liquidation sales. Permits are not required.

E. Paper or other temporary signs (including painted signs which can be easily removed by washing) may be affixed or otherwise attached to or displayed within glass display windows of commercial establishments and stores without the requirement of a permit being obtained therefor; provided, however, that no such sign shall exceed 50 percent of the open window space, and shall not exceed a maximum of 75 square feet.

F. Credit card (monetary, institutional, and the like) signs, decals or emblems shall be additionally allowed but limited to 24 square inches, or an aggregate of 96 square inches per business premises. Permits are not required.

G. Signs which are permanently painted upon a window surface shall be treated as a wall sign and included in the total allowable sign area. [Ord. 720B § 1, 2002.]

A. Each sign shall be adequately constructed and securely and substantially anchored so as to withstand wind pressure in accordance with the requirements of the UBC and shall meet the UBC standards as now in force or hereafter amended.

B. Signs containing electrical circuitry shall meet the requirements of the National Electrical Code and all state laws as now in force or hereafter amended. [Ord. 720B § 1, 2002.]

A. Any sign located or projecting over or above any pedestrian walkway, sidewalk, exit way, or other area designed for pedestrian access shall maintain a minimum of eight feet vertical clearance below any horizontal part of the sign structure and the surface of the pedestrian way, except:

1. If a physical barrier to preclude pedestrian access to that portion of the pedestrian way below such sign is provided, and such barrier does not otherwise violate any provision of this code; and

2. Signs attached to the bottom of a marquee shall maintain a minimum of seven feet vertical clearance above such pedestrian way.

B. Any sign located or projecting over or above any street, alley, public right-of-way, public or private driveway or any other area where motor vehicles may be required or allowed to pass beneath such sign shall maintain a minimum of 15 feet vertical clearance below any horizontal part of the sign structure and the driving surface, except:

1. If a physical barrier is constructed to preclude vehicle access within five feet of any horizontal part of the sign structure which is lower than 15 feet above the driving surface, and such barrier does not otherwise violate any provision of this code.

C. No sign shall be installed or erected within the sight visibility triangle at the intersection of any public rights-of-way or approved private roads established and identified in the development engineering standards. [Ord. 819B § 13, 2007; Ord. 720B § 1, 2002.]

A. No person shall construct, establish, create or maintain any stationary exterior lighting or illumination system or any interior system which is intended to be viewed from a public street, highway or other public thoroughfare used for vehicular traffic when such system contains or utilizes:

1. Any exposed incandescent lamp with a wattage in excess of 25 watts unless a dimmer or sun screen is attached;

2. Any exposed incandescent lamp with an internal metallic reflector;

3. Any exposed incandescent lamp with an external reflector;

4. Any beacon light or other lighting system revolving in excess of five rpm;

5. Any continuous or sequential flashing operation in which more than one-third of the lights are off at any one time and/or which uses light of more than 25 watts.

B. These provisions shall not apply to:

1. Lighting systems owned or controlled by any public agency for the purpose of directing or controlling navigation, traffic, or highway or street illumination;

2. Aircraft warning lights;

3. Electronic information systems which display the time of the day and/or the atmospheric temperature, or programmable electronic messages of a public service or commercial nature;

4. Temporary lighting used for repair or construction as required by governmental agencies.

C. Notwithstanding the above provisions, the light directed on or internal to any sign shall be so shaded, shielded or directed that the light intensity or brightness shall not adversely affect surrounding or facing premises nor adversely affect safe vision of operators of vehicles moving on public or private roads, highways or parking areas. Light shall not shine or reflect on or into residential structures so as to interfere with the quiet enjoyment and/or possession of a residential premises by the owner or occupant thereof.

D. Strobe lights shall not be permitted under any circumstance. [Ord. 720B § 1, 2002.]

From and after the effective date of the ordinance codified in this title, it shall be unlawful for any person to erect or place within the city:

A. A swinging projecting sign;

B. Flashing signs;

C. Signs which revolve in excess of five rpm;

D. Any sign containing a strobe light;

E. Any sign which constitutes a traffic hazard or detriment to traffic safety by reason of its size, location, movement, content, coloring or method of illumination, or which obstructs the vision of drivers, or which obstructs or detracts from the visibility of any official traffic control device by diverting or tending to divert the attention of drivers of moving vehicles from traffic movement on streets, roads, intersections or access facilities;

F. Signs that obstruct the vision of pedestrians;

G. Signs with flashing or revolving red, green, blue or amber lights;

H. Any sign, which by glare or method of illumination, constitutes a hazard to traffic;

I. Any sign displaying the word “stop,” “look,” “danger,” or any other word, phrase, symbol or character in such manner as to interfere with, mislead or confuse traffic;

J. Signs not properly maintained, showing neglect, or in a dilapidated or hazardous condition so as to violate the purpose, intent and objective of this chapter and which are not repaired or removed as required herein;

K. Abandoned signs, except as provided in CMC 17.86.200. [Ord. 720B § 1, 2002.]

A. The holder of a permit shall, for the duration thereof, have the right to change the advertising copy on the structure or sign for which the permit was issued without being required to pay any additional fee or to conform to any additional requirements.

B. The building official shall correct the information on the permit, if changed, at no charge to the applicant.

C. No sign may be structurally or electrically changed or moved without obtaining a new permit. [Ord. 720B § 1, 2002.]

Permanent signs which were installed legally prior to the effective date of the ordinance codified in this title and which do not conform to the provisions hereof shall be allowed to remain as legal nonconforming signs until the sign is structurally or electrically altered, or removed. Such signs shall thereafter conform to the provisions of this chapter. [Ord. 720B § 1, 2002.]

A. The administrator may establish a procedure to inventory all existing signs in the city and establish their legality.

B. Temporary and portable signs are required to conform with the provisions of this chapter.

C. If the administrator shall find that any of the provisions of this chapter are being violated, he shall give written notice to the person responsible for such violation, and/or the owner of said premises on which the sign is displayed, indicating the nature of the violation and ordering the action necessary to correct it.

D. The administrator shall order discontinuance, alteration, removal, or take any other action necessary to correct the violation or ensure compliance with all of the provisions of this chapter.

E. If the administrator finds that any sign is dangerous to the public safety, he may take steps to remove the sign immediately without notification, and at the expense of the owner of said sign.

F. Any appeal from the decision of the administrator shall be made to the hearing examiner as currently provided by this title. [Ord. 720B § 1, 2002.]

A. Within 30 days after a store or business premises becomes vacant, the owner of or person entitled to possession of such vacant store or business premises is required to remove all signs, lettering or printed matter, visible to the public, placed upon the premises of such vacant store or business advertising the previous business.

B. Any owner of or person entitled to possession of any vacant store or business premises is hereby prohibited from displaying upon the windows of such vacant store or business premises any sign, lettering or printed matter except one sign per building frontage, consisting of a maximum of 12 square feet, advertising the availability of the premises, and except as otherwise allowed by this chapter. [Ord. 720B § 1, 2002.]

Any sign which violates any provision of this chapter, creates a visibility obstruction as defined in the development engineering standards, becomes structurally unsafe or unsound, or otherwise creates any hazard to the public shall constitute a public nuisance and, upon discovery, shall be abated as provided in CMC 7.04.130. [Ord. 819B § 13, 2007; Ord. 720B § 1, 2002.]

A. Purpose. The purpose of requiring standards for adult entertainment facilities is to mitigate the adverse secondary effects caused by such facilities, to maintain compatibility with other land uses and services permitted within the city, and to promote the public health, safety and welfare of the citizens of the city.

B. Intent.

1. There is convincing evidence that adult entertainment businesses, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime and the downgrading of property values; and

2. It is recognized that adult entertainment businesses, due to their nature, have serious objectionable operational characteristics, particularly when they are located in close proximity to each other, thereby contributing to urban blight and downgrading the quality of life in the adjacent area; and

3. The city council desires to minimize and control these adverse effects and thereby protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the property values and character of surrounding neighborhoods and deter the spread of urban blight; and

4. It is not the intent of this chapter to suppress any speech activities protected by the First Amendment, but to enact a content-neutral ordinance which addresses the secondary effects of adult entertainment businesses; and

5. It is not the intent of the city council to condone or legitimize the distribution of obscene material, and the city council recognizes that state and federal law prohibits the distribution of obscene materials and expects and encourages law enforcement officials to enforce obscenity statutes against such illegal activities in the city.

C. Scope. The standards established in this chapter apply to all adult entertainment facilities and include, but are not limited to, the following: adult arcades, adult cabarets, topless bars, adult motels, adult motion picture theaters, exotic dance studios, and adult retail stores. [Ord. 720B § 1, 2002.]

Any adult entertainment business shall be consistent with all applicable requirements of Division III of this title (Environmental Districts), Division IV of this title (Special Districts), Division V of this title (Land Use Zones), Division VI of this title (Use Chart/Zoning Map) and any other applicable law, rule or regulation governing the specific proposal. [Ord. 720B § 1, 2002.]

A. The provisions of this chapter shall not apply to:

1. Plays, exhibitions, dances, political performances, operas, musicals, or other dramatic or theatric performances which do not contain nudity or specified sexual activities;

2. Classes, seminars, printed matter, movies, or lectures held within an educational facility for serious scientific or educational purposes;

3. Nudity which may occur within any medical facility for health-related purposes; and

4. Any changing of clothing.

B. If an adult bookstore, novelty store or video store constitutes an accessory or ancillary aspect of another permitted business occupancy, occupies less than 10 percent of the total floor area of the premises, and provides no advertising relating to the adult entertainment business anywhere, except the name of the business only on the entrance to such business location, only CMC 17.87.050 shall apply. [Ord. 720B § 1, 2002.]

A. No adult entertainment business shall be located within 1,000 lineal feet of any R-1 or R-2 residential zone.

B. No adult entertainment business shall be located within 1,000 lineal feet of any property used as:

1. Any school, school grounds, or home school;

2. Any church, mosque, synagogue, chapel or other religious facility;

3. Any day care center;

4. Any public park or playground;

5. Any assembly occupancy where minors are permitted in the regular course of business or events;

6. Any public library; or

7. Any publicly accessible government office.

C. No adult entertainment business shall be located within 1,000 lineal feet of any other adult entertainment business. The complete permit application date issued by the DRC shall be used to establish precedence if necessary.

D. Any request for a variance from the proximity requirements above shall demonstrate, in addition to the criteria listed in CMC 17.09.190, that no other reasonable location within the city is available for the subject proposal. Such demonstration shall include a graphic depiction of the inability of the proposal to be developed without a variance. [Ord. 720B § 1, 2002.]

A. Adult Arcade.

1. Shall not contain booths or side rooms separated from the primary occupancy room except for restrooms, offices and storerooms constructed as required in the building code. Separation occurs when:

a. The wall between the booth or side room and the main room is more than 50 percent opaque; or

b. A screen, curtain, door, or other movable device segregates the booth or side room from the main room;

2. Shall maintain a level floor area throughout the premises. No ramp or risers shall be used to access arcade stations;

3. Shall maintain a lighting level in all occupied areas of the premises equal to, or brighter than, the exit lighting requirement for the occupancy;

4. Shall post a sign in each booth or side room provided stating in minimum one-inch letters: “Occupancy limited to one person only – violators subject to prosecution under CMC 7.04.100”;

5. No display of merchandise, equipment or fixtures shall be visible from any public street, alley, sidewalk or any other public way;

6. No advertising depicting or mimicking nudity or specified sexual activities, or containing words prohibited by the Federal Communications Commission (FCC) from being transmitted over public airwaves shall be visible from any public street, alley, sidewalk, or any other public way;

7. Parking lots shall be illuminated and shall maintain a lighting level equal to, or brighter than, the exit requirements for the occupancy (Chapter 17.84 CMC).

B. Adult Bookstore, Novelty Store, or Video Store.

1. No display of merchandise or equipment shall be visible from any public street, alley, sidewalk, or any other public way;

2. No advertising depicting or mimicking nudity or specified sexual activities, or containing words prohibited by the FCC from being transmitted over public airwaves shall be visible from any public street, alley, sidewalk, or any other public way.

C. Adult Motion Picture Theater.

1. Shall not contain booths or side rooms separated from the primary occupancy room except for restrooms, offices and storerooms constructed as required in the building code. Separation occurs when:

a. The wall between the booth or side room and the main room is more than 50 percent opaque; or

b. A screen, curtain, door, or other movable device segregates the booth or side room from the main room;

2. No display of merchandise or equipment shall be visible from any public street, alley, sidewalk, or any other public way;

3. No advertising depicting or mimicking nudity or specified sexual activities, or containing words prohibited by the FCC from being transmitted over public airwaves shall be visible from any public street, alley, sidewalk, or any other public way.

D. Exotic Dance Studio.

1. Shall not contain booths or side rooms separated from the primary occupancy room except for restrooms, offices and storerooms constructed as required in the building code. Separation occurs when:

a. The wall between the booth or side room and the main room is more than 50 percent opaque; or

b. A screen, curtain, door, or other movable device segregates the booth or side room from the main room;

2. Shall maintain a lighting level in all occupied areas of the premises equal to, or brighter than, the exit lighting requirement for the occupancy;

3. No display of merchandise or equipment shall be visible from any public street, alley, sidewalk, or any other public way;

4. No advertising depicting or mimicking nudity or specified sexual activities, or containing words prohibited by the FCC from being transmitted over public airwaves shall be visible from any public street, alley, sidewalk, or any other public way;

5. Parking lots shall be illuminated and shall maintain a lighting level equal to, or brighter than, the exit requirements for the occupancy (Chapter 17.84 CMC);

6. Shall provide a minimum six feet of separation between the stage, platform or area used by a performer and any area accessible to the public or any patron;

7. Shall prohibit alcoholic beverages from the premises.

E. Adult Motel.

1. No display of merchandise or equipment shall be visible from any public street, alley, sidewalk, or any other public way;

2. No advertising depicting or mimicking nudity or specified sexual activities, or containing words prohibited by the FCC from being transmitted over public airwaves shall be visible from any public street, alley, sidewalk, or any other public way;

3. Parking lots shall be illuminated and shall maintain a lighting level equal to, or brighter than, the exit requirements for the occupancy (Chapter 17.84 CMC);

4. Shall prohibit alcoholic beverages from the premises. [Ord. 720B § 1, 2002.]

A. No person under the age of 18 shall be allowed entry into the premises of an adult entertainment business.

B. A general business license shall be required for the conduct of any such business within the city or its UGA.

C. Any such adult business shall be operated and managed only by a person with no felony convictions.

D. The police department shall be authorized to inspect the premises at any time during its posted hours of operation to ensure compliance with this chapter and all other applicable regulations of the city.

E. No portion of any premises shall have any required exit lighting less than required by the building code in any habitable portion of the building.

F. No development or new construction, addition to an existing structure, or change of use or occupancy, which premises becomes an adult entertainment business facility, shall be permitted occupancy until such development or change complies with all applicable regulations, and obtains a certificate of occupancy therefor.

G. Any design configuration, materials and/or method of construction of any adult entertainment business facility which provides an opportunity for an individual to secret themselves from observation from any habitable portion of the premises, whether or not such facility is in compliance with the building code, shall not be permitted.

H. No openings shall be permitted in walls or partitions separating viewing stations or areas where only one individual at a time is allowed.

I. The DRC may attach any other reasonable conditions to any application for any adult entertainment business application, provided such conditions are made a matter of record.

J. Nothing herein shall be construed to limit or preclude enforcement of any other provisions of the CMC, nor authorize any violation thereof. [Ord. 720B § 1, 2002.]

A. All home occupations shall require a business license issued by the city, and shall comply with all applicable city and state regulations regarding the conduct of a business.

B. A home occupation shall be incidental to the use of the subject property for residential purposes and shall be considered an accessory use.

C. No person shall participate in the conduct of a home occupation who does not reside at the subject property. No person shall commute to the subject property to conduct a home occupation.

D. No consumer trade or traffic shall be solicited to the subject property, and no sales of any product or service shall occur from the subject property, except by appointment only.

E. Incidental sales conducted from the subject property, such as garage sales, shall not be considered a home occupation; provided, that such sales comply with any applicable provisions of this title for incidental sales.

F. A home occupation shall only occur within a residential zone; any such activity in other than a residential zone shall constitute a mixed use occupancy and shall comply with all applicable building and fire codes, in addition to all other applicable provisions of this title. [Ord. 720B § 1, 2002.]

A. No display of merchandise, goods or products associated with the subject home occupation shall be capable of being observed from any public way, or any point on the private property outside of a walled and roofed building.

B. Any vehicle associated with the operation of a home occupation displaying any advertising or signage shall be garaged upon the subject private property within a properly constructed garage or carport, or be parked within a rear yard area enclosed with a sight-obscuring fence or landscape.

C. Any addition to or alteration of any residential structure to accommodate the conduct of a home occupation shall comply with applicable development permit requirements.

D. No part of a home occupation or the conduct or operation thereof may occur upon any public way or alley; no parking or loading may occur on a street or alley.

E. No home occupation shall use or store equipment, vehicles, wood products, parts, personal property, machinery or similar material outside of a properly constructed walled and roofed building.

F. No home occupation shall cause or emit noise, fumes, air pollution, discharge to ground water or other activity so as to constitute a public nuisance in a residential zone.

G. All home occupations shall be subject to inspection during normal business hours for compliance with fire and building codes, and all other applicable provisions of this title.

H. No advertising signage shall be permitted upon any property accommodating a home occupation. One unlighted identification sign containing the business name and/or location address, not exceeding two square feet, may be attached to the wall of any structure housing the home occupation.

I. No advertising media of any type may solicit consumer trade or traffic to any home occupation property by advertising the location address. Such advertising may provide contact information such as a telephone, fax or e-mail number, so that an appointment may be made. Such advertising may also provide a post office box mailing address.

J. Any common carrier delivery vehicle delivering goods or products to the home occupation shall be limited to 20,000 pounds GVW, and of such type as UPS, FedEx, USPS or similar vehicle. [Ord. 720B § 1, 2002.]

A. Any such use of any public street, sidewalk, alley, or any other public right-of-way for any reason or purpose shall require an application to the Chehalis public works department for such usage.

B. In reviewing a right-of-way permit application, the public works department may require the approval of other city departments or agencies for such usage prior to consideration by public works.

C. The public works director may waive the requirement for a right-of-way permit application when the usage proposed is of a minor nature, or of a short duration, or so relatively nonsignificant so as to not cause an obstruction or hazard on a public way.

D. Public works shall attach such conditions of usage to any right-of-way permit as it deems necessary and appropriate under the applicable circumstances to protect the public interest in the public way, consistent with the development engineering standards.

E. Any use of any public right-of-way which is not consistent with the requirements of this title, the development engineering standards or any conditions of approval shall constitute a public nuisance and shall be abated as provided in CMC 7.04.130.

F. Upon discovery of any hazardous condition, unlawful or unpermitted use, or any situation upon any public right-of-way determined by the public works director to be an imminent threat to the health, safety or life of any citizen, the public works director may summarily abate the nuisance condition by revoking any right-of-way permit which may have been issued, and ordering the vacation of such usage or condition from the public way. Nothing shall prevent the use by the director of law enforcement personnel to effect such abatement. [Ord. 819B § 13, 2007; Ord. 720B § 1, 2002.]

A. Any building which is moved onto or on any public right-of-way, and which building is not a legal load on, or as, a licensed motor vehicle, truck or trailer, shall obtain a “house moving” permit from the public works department prior to such moving.

B. Any required house moving permit application shall be submitted to the public works department along with the required application fee identified in Appendix Chapter A. Such application shall also constitute a demolition permit application to the building division for review and approval.

C. The public works department shall specify any conditions of approval relating to the nature and scope of the proposal, and note such conditions on an approved permit. Such conditions shall become mandatory elements of the performance of the project.

D. The public works department shall require a copy of a properly issued demolition permit for the subject building, and a properly issued building permit if such building is to be relocated within the jurisdiction of the city, prior to issuing any house moving permit for the subject building. [Ord. 720B § 1, 2002.]

A. All development permit applications for new development, additions to existing buildings, substantial remodel or substantial repair upon private property, or any development upon public property, shall identify the manner of on-site storm water management and conveyance to a public storm water utility system.

B. All storm water management systems and methods of conveyance and discharge to any public utility system shall be consistent with the development engineering standards, and shall be approved by the public works department prior to issuance of any development permit. [Ord. 819B § 13, 2007; Ord. 720B § 1, 2002.]

A. No portable signs shall be placed upon any public right-of-way or public property except:

1. Any such sign approved by the public works department by issuance of a right-of-way permit;

2. Any sign placed by a contractor for traffic control purposes when approved by the public works department;

3. Any sign identified in a parade permit application or other such approved usage of a right-of-way;

4. Commercial advertising signs approved by the development review committee and consistent with subsection (B) of this section;

5. Official signs placed by a government or other authorized agency acting in its official capacity; or

6. Emergency signs placed by any authorized emergency management personnel (e.g., police officer, fire fighter, public works director, etc.) responding to any situation where the life, safety or health of any citizen is in imminent danger.

B. When approved, portable commercial advertising signs placed upon public sidewalks shall comply with the design criteria specified in Appendix Chapter Q, and the following:

1. The sign must be located within the central business district (CBD) zone (see Division V of this title and the zoning map).

2. Application for a right-of-way permit must be filed with the public works department for use of a public sidewalk. No sign shall be placed upon any sidewalk without a right-of-way permit having been issued therefor.

3. There must be no reasonable place to locate such sign either on the private property or between a sidewalk and a curb line.

4. There must be a wall of a building immediately adjacent to the sidewalk for at least 50 percent of the length of the subject property. On a corner lot, each side will be reviewed independently.

5. Permitted signs must be located immediately adjacent to the wall of the business being advertised, located within the frontage of the subject business property, and maintain a minimum of 60 inches of clear, unobstructed sidewalk surface width around the side of the sign opposite the building wall. Areas where motor vehicles may obstruct the walking surface (angle parking) shall consider a 30-inch distance across the sidewalk from the curb line as an obstructed area (front of parked vehicles). This area may not be used in the calculation of clear, unobstructed area.

6. Signs which do not comply with the standard design criteria (Appendix Chapter Q) may be approved by the development review committee on a case-by-case basis upon showing of reasonable cause.

7. Permitted signs shall be allowed on public property only during the actual hours of operation of the subject business.

8. Not more than one portable sign for any business shall be allowed upon public property.

9. For purposes of administering this section, a “sidewalk” shall mean the improved surface of concrete or asphalt 60 inches or more in contiguous width, designed and constructed to accommodate pedestrians. [Ord. 720B § 1, 2002.]

A. No permanent sign shall be erected or constructed within any public right-of-way unless such sign is approved by the public works department by issuance of a right-of-way permit.

B. No permanent sign shall be erected upon or within any public property unless such sign is approved by the city department having control and jurisdiction over the subject property. [Ord. 720B § 1, 2002.]

A. Nothing herein shall prevent any law enforcement officer, or properly authorized owner of any rental premises, from exercising their right or obligation of eviction.

B. Personal property which may be placed upon any right-of-way or any other publicly owned property as the result of any eviction process shall be considered abandoned property upon a public way and a public nuisance, and shall be abated by the city.

C. Any personal property remaining upon any right-of-way or publicly owned property for more than 24 hours as a result of any eviction process shall be removed from the right-of-way or public property by the city.

D. Any personal property acquired by the city as a result of abatement of a public nuisance as provided in this section shall be destroyed or otherwise disposed of as directed by the chief of police. The city shall not be required to hold such property for more than 72 hours.

E. Any person claiming ownership of, and/or the return of, any personal property acquired by the city as provided in this section shall first pay to the city the cost of abatement of the public nuisance condition as determined by the chief of police. [Ord. 766B, 2004; Ord. 720B § 1, 2002.]

A. Any organization registered with the state may apply for use of a public right-of-way for an organized parade. Such application shall be on a form provided by the city and submitted to the public works department.

B. The public works department shall require the approval of the chief of police prior to issuing any parade permit.

C. The applicant for any parade permit shall make arrangements for all required traffic control devices, personnel and/or detour routes with the director of public works and the chief of police.

D. Any organization authorized by a parade permit to occupy any right-of-way for such parade shall be subject to any and all costs occasioned by the city for such occupancy. Any damage to city property as a result of any parade shall be promptly repaired by the permit holder at the direction of the public works director.

E. Any parade activity which does not hold an approved parade permit shall constitute a public nuisance and may be summarily abated by the city. [Ord. 766B, 2004; Ord. 720B § 1, 2002.]

A. Any organization registered with the state which is desirous of using any public way or public property, other than any right-of-way, any public utility property or any public park, for any purpose constituting “development’ (see definition, CMC 17.06.270), may submit an application for a use permit for such usage to the director of community development. Such application shall be submitted on forms prescribed by the director, be submitted at least 30 days but not more than 90 days prior to the date of the intended usage, and include such information as the director shall require for appropriate review and disposition thereof.

B. The director shall submit such use permit application to the DRC for review and comments prior to issuance of any approval, conditional approval or denial of such application. Any suggested conditions of approval that may be submitted by any other department or division shall be considered by the director in his/her decision.

C. Any additional permitting or approval required for the requested use by any other department, division or agency shall be accomplished prior to any final approval by the director. The applicant shall be responsible for ascertaining all required permit and/or approval processes, and allowing sufficient lead time for appropriate response by the city and/or agency involved.

D. All of the applicable criteria contained in Appendix Chapter Y, “Criteria for Review and Decision of Specialized Permits and Approvals,” shall be used by the director in making decisions about such an application. The director shall not issue any permit for proposals inconsistent with said criteria.

E. The applicant is solely responsible for the setup, maintenance, operation and takedown of the approved “development.”

F. Prior to issuing any use permit under this section, the applicant shall execute a hold harmless agreement approved by the city attorney. Such agreement shall also provide for an insurance rider or other approved vehicle naming the city of Chehalis as an additional insured entity under the applicant’s applicable insurance policy. Such agreement may also specify the dollar amount of any utility costs or other fees associated with the proposal and consistent with the approval criteria.

G. Any person aggrieved by the approval or denial of such an application, or the issuance of a use permit therefor, may appeal the director’s decision to the city council. Such an appeal must be in writing, and contain substantially the information required by CMC 17.09.160 (form of appeal).

H. Any “development” upon any public way or public property which does not hold an approved permit therefor shall constitute a public nuisance and may be summarily abated by the city. [Ord. 810B § 6, 2006; Ord. 769B § 24, 2004.]

No public park shall be used for any “development” by any person. The director may from time to time enter into an agreement with an organization to perform “development” located in city parks under specified criteria for the benefit of the city. Lawful use of city parks, rental buildings, recreational facilities, ballfields, etc., by individuals or organizations for their intended purpose will not constitute “development.” [Ord. 769B § 25, 2004.]

A. No person shall engage in the conduct of business within the city without first obtaining a license for such business issued by the city as provided in Chapter 5.04 CMC.

B. Notwithstanding any other provision of Chapter 5.04 CMC regarding violations thereof, any person, firm or corporation who conducts any business within the city without first obtaining a city business license therefor shall constitute a public nuisance, and such activity shall be abated as provided in CMC 7.04.130.

C. Notwithstanding any provision of the adopted building or fire code, any business license application which purports to conduct retail or wholesale sales of a tangible product or service shall provide a minimum of 50 percent of the gross floor area of the business location containing such product or service delivery means.

D. Any change in use or occupancy occasioned by the conduct of business at a subject business location, or acquiescence of the nature of the business activity, to any use or occupancy other than that identified on the subject business license application, shall require a new business license application and compliance with all applicable provisions of this title. [Ord. 750B § 15, 2003; Ord. 720B § 1, 2002.]

All new development, new construction, additions to existing buildings, substantial alteration or substantial repair to existing buildings, and any earth-disturbing activity shall require on-site storm water management facilities consistent with the development engineering standards, and an approved method of conveyance to any public storm water conveyance system, including wetlands. [Ord. 819B § 13, 2007; Ord. 720B § 1, 2002.]