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Cosmopolis City Zoning Code

CHAPTER 18

52 - SPECIAL USE REGULATIONS

18.52.010 - Special use regulations—Purpose.

Special use regulations are specific regulations providing for the location of certain special and accessory uses throughout the use districts of the city and providing supplementary controls for the protection of the essential uses of the districts.

(Ord. 698 (part), 1979).

18.52.020 - Junk.

In no district will there be permitted abandoned or unlicensed vehicles, nor abandoned sheds or buildings which are a menace to the health, safety and general welfare of the neighborhood except where specific provisions are made concerning such items in a specific use district. In no residential district will there be permitted a collection of junk or scrap within the front yard and in no district will there be permitted a collection of junk or scrap in excess of one hundred square feet, except in specified districts.

(Ord. 698 (part), 1979).

18.52.040 - Household pets.

The keeping of not more than three dogs, cats, fowl and similar pets, exclusive of animals under the age of six months, is permitted in conjunction with each permitted dwelling; provided, that all applicable ordinances of the city are complied with.

(Ord. 698 (part), 1979).

18.52.050 - Schools.

School sites shall be as follows:

(1)

Elementary schools, a minimum of five acres plus an additional acre for each one hundred pupils of predicted ultimate maximum enrollment;

(2)

Junior high schools, a minimum of ten acres plus an additional acre for each one hundred pupils of predicted ultimate maximum enrollment;

(3)

High schools, a minimum of ten acres plus an additional acre for each one hundred pupils of predicted ultimate maximum enrollment.

(Ord. 698 (part), 1979).

18.52.060 - Carnivals and revival tents.

In MU, and M districts, the establishment of a carnival, circus, merry-go-round, Ferris wheel, revival tent or any other similar temporary amusement or meeting place, shall require a permit from the city clerk. Such permits will be granted for a maximum period of thirty days from the date of approval of the proposed use by the planning commission, provided that:

(1)

The location is such that there will be no serious interference with the conduct of normal city affairs and its citizens;

(2)

Provisions for adequate parking on the site and a reasonable and safe means of ingress and egress must be shown;

(3)

Sound of any description shall not constitute a nuisance to neighboring residents.

(Ord. 698 (part), 1979).

18.52.070 - Public utilities.

Public utility buildings, telephone exchanges, sewage pumping stations, electrical distribution substations, and similar developments necessary for the operation of the utilities shall be permitted in any district, provided the following requirements are complied with:

(1)

If the installation is housed in a building, the building shall conform architecturally with the surrounding buildings or the type of buildings that will develop due to the zoning district;

(2)

Unhoused installations on the ground or a housed installation that does not conform to the architectural requirements of paragraph (1), must be sight screened with trees, shrubs, and landscaping planted in sufficient depth to form an effective and actual sight barrier within five years;

(3)

An unhoused installation of a dangerous nature, such as an electrical distribution substation shall be enclosed by an eight foot high open-wire fence;

(4)

All buildings, installations and fences shall observe the setback requirements for buildings in the district in which they are located and in residential districts, the side yard shall be increased to twenty feet.

(Ord. 698 (part), 1979).

18.52.080 - Churches, clubs, semipublic and public buildings.

(a)

Churches, institutions, clubs, and similar semipublic use buildings in residence districts shall cover not more than thirty-three percent of their site area. Front, side, and rear yards shall be a minimum of thirty-five feet each. Minimum site area shall be twenty thousand square feet.

(b)

Artificial lighting of off-street parking areas shall be oriented away from adjacent residential properties.

(Ord. 698 (part), 1979).

18.52.090 - Commercial buildings.

(a)

Where property in excess of eighty thousand square feet is zoned GC or MU, a plot plan shall be presented to the planning commission showing building groups, ingress and egress, parking areas and buffer or screen planting areas. Such plot plan shall be approved by the planning commission, prior to the issuance of any building permits in the commercial area. In the event that construction has not been completed within a three-year period from the date which the final rezoning order took place, then the planning commission shall review the zoning of the area and the development that has taken place, and, if deemed necessary, initiate proceedings to reclassify the area in a manner consistent with the comprehensive development plan.

(b)

The design of such shopping centers shall be such as to provide the maximum separation of pedestrian and vehicular traffic, the maximum protection for adjoining residential uses and the least interference with vehicular traffic on adjoining streets.

(c)

After a plot plan has been accepted by the planning commission, nothing shall prevent the developer from building the shopping center in a series of stages provided that each stage of development is built to conform with the proposed plot plan.

(Ord. 698 (part), 1979).

18.52.100 - Home occupations—Conditions.

Home occupations are permitted in all residential zones and are defined as uses which are incidental and secondary to the use of the premises for dwelling purposes, do not change the character of the dwelling or premises and meet the following conditions:

(1)

The operation does not employ individuals other than those of the immediate family.

(2)

There is no external or internal alteration affecting the character of the building as a dwelling.

(3)

The home occupation shall not cause unreasonable noise, emissions, traffic, parking or visual blight problems.

(4)

No signs announcing home occupations shall be allowed.

(Ord. 964 § 2, 1992: Ord. 891 § 2, 1988; Ord. 698 (part), 1979).

18.52.120 - Dangerous installations.

All installations of a dangerous nature, including log storage dumps among others, shall be enclosed by an open-wire, nonsight-obscuring fence, constructed to a height of at least six feet.

(Ord. 698 (part), 1979).

18.52.125 - Bed and breakfast inns.

Bed and breakfast inns are allowed uses in all zones by conditional use permit within a dwelling which complies with the following standards and any other condition imposed in the permit:

(1)

No more than nine guestrooms, two adults and children per room, are offered for rent;

(2)

The operator must live in the dwelling;

(3)

One off-street parking space is provided for each guestroom in addition to the number required for the dwelling;

(4)

No exterior alterations may be made to the residence without further modification to the conditional use permit; and

(5)

If specifically allowed by conditional use permit, receptions, banquets, tours and similar events may be held.

(Ord. 965 § 1, 1992: Ord. 891 § 2, 1988).

18.52.130 - Day nurseries.

A day nursery may be established in a residential district as a conditional use provided that the establishment of such a use shall meet the current requirements of:

(1)

Grays Harbor-Pacific Public Health Department;

(2)

Washington State Department of Social and Health Services;

(3)

Washington State Fire Marshal.

(Ord. 689 (part), 1979).

18.52.140 - Signs.

The purpose of this section is to provide minimum standards to safeguard life, health, property, and the public welfare by regulating and controlling the number, size, construction, location, electrification and maintenance of all signs, and to encourage sound signing practices as an aid to business and for public information, but to prevent excessive and confusing sign displays.

(1)

Definitions. For the purpose of this section, certain terms shall be construed as specified in this section:

(A)

"Advertising area of a sign" shall be computed as including the entire area within a regular geometric form or combinations of regular geometric forms comprising all the display area of the sign and including all the element of the matter displayed. Frames and structural members not bearing advertising matter shall not be included in the computation of the advertising area. Where a sign includes surfaces facing in different directions, the advertising area shall be the largest total of advertising area visible from any one direction; and in the case of cylindrically or spherically shaped signs, the advertising area shall be the largest cross-section thereof.

(B)

"Business sign" means a sign which directs attention to a profession, business, commodity, service or entertainment.

(C)

"Electric sign" means any sign containing electrical wiring, but riot including signs illuminated by an exterior light source.

(D)

"Illuminated sign" means any sign designed to give forth an artificial light, or designed to reflect such light deriving from any source which is intended to cause such light or reflection.

(E)

"Off-premises sign" means any sign not located on the premises of the business or use for which it is intended to advertise.

(F)

"On-premises sign" means a sign which carries only advertisements strictly applicable to the use of the premises on which it is located, including signs or sign devices indicating the business transacted, principal services rendered, and goods sold or produced on the premises, name of any business, name of the person, firm, or corporation occupying the same zoning lot.

(G)

"Portable sign" means any sign that is not permanently affixed to a building, structure, or the ground except for temporary signs.

(H)

"Projecting sign" means a sign which projects from and is supported by a structure or a wall of a building.

(I)

"Public service sign" means nonilluminated signs as follows: on-premises informational signs (e.g. "customer parking") and signs identifying public conveniences (e.g. restrooms, telephones); on- and off-premises signs such as those pertaining to the general location of shopping and tourist facilities.

(J)

"Sign" means any writing, including letter, word or numeral; pictorial representation, including illustration or decoration; emblem, including device, symbol or trademark; flag, including banner or pennant, but excluding governmental flags; or any other figure of similar character which:

(i)

Is a structure of any part thereof or is attached to, painted on, or in any other manner represented on a building or other structures; and

(ii)

Is used to announce, direct attention to, or advertise; or

(iii)

 Is visible from outside a building. A sign includes writing, representation, or other figure of similar character within a building and located in a window.

(K)

"Special event sign" means a temporary sign or banner advertising a special public, service club, school or charitable event such as a church rummage sale, library used book sale, special park or athletic meet or similar event, not including advertising for private or commercial purposes.

(L)

"Temporary sign" means any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, paper, cardboard, wallboard or other light materials, with or without frames, to be displayed for not longer than thirty-one days and which does not exceed thirty-two square feet in total area.

(2)

Permits, Fees and Enforcement.

(A)

Permits Required. A sign shall not hereafter be erected, re-erected, constructed, altered or maintained, except as provided by this section, and after a permit for the same has been issued by the city engineer, unless the sign falls under the provisions of subsection (8) of this section. A separate permit shall be required for a sign or signs for each business entity, and a separate permit shall be required for each group of signs on a single supporting structure. In addition, electrical permits shall be obtained for electric signs, and right-of-way sign permits shall be obtained for portable signs to be placed on a public right-of-way.

(B)

Application for Permit. Application for a sign permit shall be in writing upon forms furnished by the city engineer. Such application shall contain the location by street and number of the proposed structure, indicating its size, shape, color, material, message and illumination (if any), as well as the name and address of the owner and the sign contractor or erector. The city engineer may require the filing of plans or other pertinent information where, in his opinion, such information is necessary to ensure compliance with this code. Every permit issued shall be assigned a separate identification number.

(C)

Fees. A sign permit fee, or right-of-way sign permit fee, based on value of the sign, shall be paid in accordance with the schedule established by the city council.

(D)

Enforcement. Signs placed in violation of this section and signs placed in prohibited locations (subsection (4)(B) of this section) are hereby declared to be public nuisances and may be removed by the police department. The person responsible for any such illegal posting shall be liable for the costs incurred in the removal thereof and the city engineer is authorized to effect the collection of such costs. Signs removed by the city under this section may be redeemed by the owner or person responsible for placing the sign upon payment of the costs of the city incurred in removal as determined by the city engineer. Signs not redeemed within ten days of removal may be disposed of.

(E)

Penalty. It is an infraction for anyone to place or maintain a sign in violation of this section. The maximum penalty for an infraction under this section shall be established by the city council.

(3)

Exempt Signs. The following signs shall not require a sign permit. These exemptions shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this section:

(A)

Official traffic signs, directional signs and maps, signals, business directory maps, kiosks, and public notices erected by public authorities and all signs erected by a public officer in the performance of public duty;

(B)

Public service signs, as defined above;

(C)

Informational warning signs, such as "No Trespassing," "No Dumping," "No Parking," not to exceed six square feet;

(D)

Building address identification number, not exceeding two square feet in area;

(E)

Signs which contain no more than the name and address of the dweller or tenant of a residence. Only two such signs, each not over two square feet, shall be allowed for each residence;

(F)

A permanent building identification, including building plaques, cornerstones, nameplates and similar devices;

(G)

Temporary political signs, provided they are removed within seven days after the election;

(H)

Temporary decorations customarily displayed at special holidays, such as Christmas and Independence Day;

(I)

Any sign located within a building not visible from the street or sidewalk;

(J)

Flags of government and commercial institutions;

(K)

Painting, repainting or cleaning of a lawfully erected sign structure or the changing of the advertised copy or message shall not be considered an erection or alteration which requires a sign permit unless a structural or electrical change is made;

(L)

Temporary and special event signs, such as garage sale and open house signs. Such signs must be placed only on private property and shall not exceed ten square feet. Such signs may be displayed twenty-one days prior to an event and must be removed within seven days after the event;

(M)

Grand opening displays, such as temporary signs, banners, strings of light, flags, balloons or searchlights for a period of ten days only to announce the opening of a completely new enterprise or the opening of an enterprise under new management. All materials shall be removed immediately upon the expiration of seven days. Such displays are permitted only in zones where the enterprise so advertised is permitted;

(N)

One temporary real estate sign for each street frontage located on the premises for sale, lease or rent, not to exceed six square feet nor two in number. Such signs must be removed within seven days after the sale, lease or rent of the premises, or expiration of the listing;

(O)

One temporary sign for each street frontage denoting the architect, engineer or contractor, placed upon the site under construction, not to exceed ten square feet in Residential (R-100 & R-57) zones. Such signs must be removed within seven days after completion of construction, or within sixty days of abandonment of construction;

(P)

Signs visible from outside a building which are not confusing or distracting to traffic.

(4)

Prohibited Signs.

(A)

Off-premises business signs, except as specified in subsection (7) of this section, are not permitted.

(B)

No sign may be secured to a fire hydrant, utility pole, light pole, city or state sign pole, tree, transit authority benches or other structures, or other similar public or semipublic structures without the consent of the public agency owning the structure; nor shall any sign be located within three feet of any fire hydrant, fire department connection or fire-protection control valve.

(C)

All signs which no longer serve on ongoing business or use. Such signs shall be removed or altered within one year after the business or use has ceased operation.

(D)

No sign shall be maintained which is determined by the city engineer to be confusing or distracting to traffic.

(5)

Signs in Residential and Public Reserve Zones. Signs shall be allowed in residential and public reserve zones subject to the following criteria:

(A)

Permitted Signs. Official, informational, address, public conveyances, political, decoration, real estate, construction, flag, and residential address signs as outlined in (A) through (L) and (N) through (P) of subsection (3) of this section are exempt from permit requirements. All other signs in residential and public service zones shall require permits under the conditions of this chapter.

(B)

Sale of Subdivision. Signs advertising the sale of a subdivision by a developer and located thereon, provided that not more than one such sign, not exceeding thirty square feet in area, be located at each major approach to the subdivision. The display of such signs shall be limited to an eighteen-month period, or within two weeks after the sale of the last lot, whichever is sooner.

(C)

Neighborhood Signs. Permanent neighborhood or area identification signs with floodlighting not to exceed four hundred watts nor thirty-two square feet of sign area located at not more than two major entrances to that area.

(D)

Building Identification Sign. In areas zoned for multifamily, other than duplexes, one building identification sign shall be permitted for each street frontage. These signs may be up to one square foot in size for each residential unit.

(E)

Public and Semipublic Buildings and Uses. Signs identifying and/or bulletin boards customarily incidental to places of worship, libraries, museums, schools, public and semipublic buildings and uses (including golf courses and parks), social clubs or societies not exceeding thirty square feet in area and located on the same lot with the use to which the sign refers; provided, that no portion thereof shall be closer than ten feet from any right-of-way line.

(F)

Height. Ground signs shall have a minimum height of eight feet, except home occupation signs, which shall have maximum height of four feet.

(6)

Signs in Multiple-Use and Manufacturing Zones. Signs shall be allowed in multiple and manufacturing zones subject to the following criteria:

(A)

Permitted Signs. All signs allowed in subsections (3) and (5) of this section are permitted in these zones. Subsection (3) signs are exempt from permit requirements; however, all other signs in multiple-use and manufacturing zones shall require permits under the conditions of this section.

(B)

Area. The total advertising area permitted for any parcel of land shall be two hundred square feet plus one-half square foot of additional advertising area for each foot of lot width or depth in excess of fifty feet, whichever is the lesser. The total advertising area shall be considered as the sum of the advertising areas of all signs located on any particular parcel of land. No individual sign or composite of symbols, letters or design shall have an advertising area in excess of three hundred square feet.

(C)

Height. No sign shall exceed thirty feet in height. Signs in excess of thirty feet shall require a conditional use permit.

(D)

Projecting Signs. Signs projected over a public right-of-way shall not exceed one-hundred square feet in advertising area; shall not be closer than two feet to the traveled roadway; shall not rotate; and, shall not be closer than ten feet to the ground or the sidewalk unless attached to the underside of a projecting canopy, in which case the sign shall not be less than seven feet to the ground or sidewalk.

(E)

Illumination. No individual lighting group or group of units shall exceed in intensity by more than twenty-five percent any other lighting unit or groups of units within the same advertising area. A lighting effect involving a random pattern of individual units turning on and off shall be permitted; provided, that one and two point flashers are not used. Red and green colors may not be used when it is possible to confuse them with traffic signals.

(7)

Portable Signs. Portable signs shall be allowed in multiple-use and manufacturing zones subject to the following criteria:

(A)

Electrical Equipment. Portable sign can be electrical.

(B)

Traffic Hazard. No portable or temporary sign shall be maintained which is determined by the city engineer to be a hazard to vehicular traffic for vision clearance or other reasons.

(C)

Size. No sign shall be greater than forty-eight inches in width or sixty inches in height, nor shall any sign have a total combined advertising area exceeding forty square feet on all surfaces. No sign shall have any moving parts. All glazing must meet Uniform Building Code Standard No. 54-2 for safety glass.

(D)

Signs on Right-of-way. No portable or temporary sign shall be placed on or over a public sidewalk or right-of-way except under the following circumstances:

(i)

A valid right-of-way sign permit has been issued by the city engineer for the sign under this section;

(ii)

Unless a conditional use permit has been granted under the Cosmopolis Zoning Ordinance, the sign must be located on property abutting the business advertised in the sign;

(iii)

 No sign may be located on or over any portion of any sidewalk which is less than six feet in width;

(iv)

No sign can cover more than twenty-five percent of the unobstructed width of a sidewalk;

(v)

Except for signs located on sidewalks, all signs shall be at least six feet from the improved street.

(E)

Right-of-Way Sign Permits (Portable Signs). The city engineer may issue a right-of-way sign permit subject to the following conditions:

(i)

The applicant is the owner or lessee of the property immediately adjacent to the right-of-way area where the sign is to be displayed;

(ii)

The applicant agrees to follow the terms of this section and other conditions imposed by the city engineer;

(iii)

 Only one right-of-way permit may be issued for each business; however, additional permits may be issued by conditional use.

(F)

Right-of-Way Sign Permits—Denial, Revocation, or Suspension. Right-of-way sign permits may be denied, revoked or suspended by the city engineer at any time, with just cause, except that no permit shall be denied, revoked or suspended for the primary purpose of unlawfully discriminating against an applicant or permittee. The decision of the city engineer to grant, deny or revoke or suspend a right-of-way sign permit may be appealed to the board of adjustment by a written notice of appeal served upon the city engineer within ten days of the date of the decision. The board of adjustment shall schedule a hearing on the matter. The decision of the board of adjustment is final unless a writ of review is filed in superior court within ten days of the date of the decision.

(8)

Legal Nonconforming Signs.

(A)

Any sign, other than signs requiring right-of-way sign permits, lawfully in existence on the adoption of the ordinance codified in this section shall be permitted to remain, if properly maintained, until such sign or device is no longer needed or that specific business or use advertised ceases, at which time said sign shall be removed or made to comply with the provisions of this section.

(B)

Every sign lawfully in existence on the adoption of the ordinance codified in this section shall not be altered or moved (excluding normal maintenance) unless made to comply with the provisions of this section.

(Ord. 964 § 4, 1992; Ord. 865 § 1, 1986: Ord. 859 § 1, 1986: Ord. 698 (part), 1979).

18.52.150 - Height restrictions.

(a)

Towers, gables, scenery lofts, cupolas, water tanks, similar structures and mechanical appurtenances may be erected on a building to a height greater than the limit established in any district.

(1)

No such exception shall cover more than fifteen percent of the area of the lot;

(2)

No such exception shall be used for other than a use incidental or accessory to the main use.

(b)

Chimneys, water tanks, civic defense sirens, church spires, flagpoles, monuments, radio or TV antennas or necessary government or public utility structures may be erected to a height greater than the limit established in any district, provided:

(1)

No such exception shall cover more than ten percent of the site;

(2)

On any lot, with an average slope greater than one foot vertical in seven feet of horizontal distance, one story in addition to the number permitted in the district in which the lot is situated shall be permitted on the downhill side of any building erected on the lot; provided the height of the building shall not otherwise be increased above the limit specified for the district.

(c)

In any district with a height limit of thirty-five feet or less, public and quasi-public buildings, schools, churches, hospitals, and other institutions permitted in such districts, may be erected to a height not exceeding fifty feet, provided the front, rear, and side yards shall be increased one foot for each one foot by which the building exceeds the height limit hereinbefore established for such district.

(Ord. 698 (part), 1979).

18.52.160 - Camping—Penalty.

(1)

It is unlawful for any person to use a motorhome, trailer, tent or other temporary structure as a temporary residence on private property which is not zoned for camping, except that a resident owner or renter of real property shall be permitted to allow his or her family members, or guests to camp upon his or her property overnight, for a period not to exceed seven days.

(2)

It is unlawful for any person to use a motorhome, trailer, tent or other temporary structure as a temporary residence on public property without the written permission of the mayor or his or her designee.

(3)

A violation of this section is a misdemeanor.

(Ord. No. 1335, § 2, 8-21-2019)