Development Standards
The mixed use designation is intended to accommodate a compatible mix of residential, commercial, light industrial, public, and institutional land uses. Mixed use development requires that a master plan be developed by the city or by the property owner working with the city to establish appropriate densities, infrastructure requirements and all other required zoning and development standards specific to the mixed use.
Waterfront mixed use is intended for waterfront areas where new development is being proposed. The new development will respect the history of the city of Hoquiam’s waterfront while implementing the community’s vision for the city. These areas will become the showplace for the community where the city will retain its historic character but blend in new development and refurbish important historic structures and landmarks. Waterfront mixed use may include compatible personal, professional, and corporate offices, retail and other services, light and water-oriented industrial uses, institutional and public/educational facilities, parks and other public gathering places and areas for public use and enjoyment of the waterfront, entertainment and other cultural uses, and residential uses.
Accessory dwelling units located within or attached to a single-family residence or detached accessory dwelling units consistent with single-family neighborhood character that fall within these regulations and provisions shall be a permitted use. Only one accessory dwelling unit may be permitted per single-family residence. If existing parking is displaced by creation of an accessory dwelling unit new parking must be located on site. Only one entrance to the entire structure shall be visible from the front street. Accessory units must have similar roof pitch, windows and siding as the existing single-family residence and meet all the standards set forth in the code. A building permit shall be obtained from the building services division for any new construction in conjunction with an accessory dwelling unit.
A single-family home and accessory dwelling unit may share a common side sewer line to the sewer main.
A single-family home and accessory dwelling unit shall have a minimum of one water meter. (Ord. 10-25 § 24, 2010).
Adult entertainment businesses in the C-2 district shall comply with the following provisions:
(1) Such businesses shall not locate within two thousand feet of the property lines of churches, schools, family day care providers, day care centers, public facilities, or other adult entertainment businesses.
(2) Such businesses shall not have a display visible from the property line of any performance, photograph, video, drawing, sketch, or other pictorial or graphic representation of the breasts below the top of the areola, any portion of pubic hair, buttocks, genitals, and/or anus.
(3) Such businesses shall provide sufficient lighting in and about the parts of the premises that are open to and used by the public so that objects are plainly visible at all times. (Ord. 04-07 § 7, 2004).
Bed and breakfast inns in the R-1 and R-2 districts shall meet the following provisions:
(1) The owner/renter/manager of the inn shall live on the premises;
(2) No more than five bedrooms are rented to transient guests; and
(3) Meals served are limited to guests renting rooms.
(4) The bed and breakfast facility may be rented for the purpose of meetings, receptions and special events. The owner/renter/manager of the facility shall provide a parking plan for approval by the building official prior to the event. When used for such purposes meals may be served to the participants. (Ord. 10-25 § 25, 2010; Ord. 04-07 § 8, 2004).
(1) A clear vision triangle shall be maintained for vision safety purposes at the intersections of any two streets, a private driveway and a street, an alley and a street, and a public trail and a street.
(2) The clear vision triangle at:
(a) The intersection of two streets shall be determined by measuring fifteen feet along each street at the respective points of intersection. The third side of each triangle shall be a line connecting the ends of the first two sides of each triangle.
(b) The intersection of a street and a private driveway, alley, or public trail shall be determined by measuring ten feet along the street and ten feet along the edge of the driveway, alley, or public trail at the respective points of intersection. The third side of each triangle shall be a line connecting the ends of the first two sides of each triangle.
(3) Sight-obscuring fences, walls, and vegetation shall not exceed three feet high in the clear vision triangle. Tree trunks, posts, or columns shall not be larger than eighteen inches in width when measured three feet or more above the established street grade. Tree branches shall be removed up to eight feet above the established grade of either street. (Ord. 04-07 § 9, 2004).
(1) Fence Restrictions.
(a) Fences and hedges in the R-1, R-2, and C-1 districts shall meet the following height restrictions:
(i) Front yard: forty-eight inches; provided, however, fence or hedge may be seventy-two inches if in line with the front of a building and not closer than ten feet to a public street. Building permits are required for all fences exceeding six feet in height in the residential zone.
(ii) Side or rear yards not abutting a public street: seventy-two inches.
(iii) Side or rear yards abutting a public street: seventy-two inches.
(iv) Vision clearance triangle: thirty-six inches.
(b) Fences and hedges in the I district have no height restrictions.
(c) Barbed or razor wire shall be prohibited except in the I district or as security fencing serving a public facility in any district.
(d) Electrified fences shall be prohibited.
(2) Required Fencing. New structures in commercial or industrial districts on property sharing a common property line with a residential district shall erect and maintain a view-obscuring fence, wall, or hedge along the common boundary no less than six feet in height. (Ord. 10-25 § 26, 2010; Ord. 04-07 § 10, 2004; Ord. 00-09 § 4, 2000).
Garages and carports shall be no closer than twenty feet from the property line adjacent to a street providing access. (Ord. 04-07 § 11, 2004).
(1) A garage sale which does not comply with the following conditions shall be considered a retail business and must be brought into compliance with all requirements for business uses, including compliance with this code.
(2) Incidental garage sales consisting of no more than two such sales per calendar quarter, and no more than three within the same calendar year and with no such sale continuing more than three days.
(3) Goods are not to be displayed in the public right-of-way.
(4) No sign advertising such sales shall be attached to any public structures, signs, or traffic control devices or utility poles. Signs may only be placed on property owned by the person conducting the sale or on property where an owner gives consent to post such sign. All such signs shall be removed within twenty-four hours after the sale is completed. (Ord. 04-07 § 12, 2004).
Home occupations established after the adoption of the ordinance codified in this section shall meet the following requirements:
(1) The occupation is incidental and accessory to the principal residential use of the residential structure or dwelling unit;
(2) The area devoted to the home occupation occupies no more than twenty-five percent nor more than five hundred square feet of gross floor area of the residential structure or dwelling unit including all other buildings serving the home occupation;
(3) The occupation does not create traffic to and from the residential dwelling unit that is disruptive to the residential area where it is located;
(4) There is one off-street parking space in addition to the required parking for the residential dwelling unit;
(5) No nonresident person works within the dwelling unit;
(6) One sign advertising the business may be affixed to the dwelling unit with a surface area no greater than nine hundred square inches;
(7) There is no display of merchandise outside of the dwelling unit;
(8) No more than twenty-five percent of a residential property shall be used for small-scale agriculture and shall comply with the provisions of Chapter 3.40 HMC; and
(9) A permitted home occupation must be licensed as provided by Chapter 4.05 HMC. (Ord. 20-06 § 19, 2020; Ord. 10-25 § 27, 2010; Ord. 04-07 § 13, 2004).
(1) Definitions.
(a) “Host agency” means the religious organization which owns the property that is the subject of an application for a temporary homeless encampment permit for providing basic services and support to temporary emergency homeless encampment residents, such as hot meals and coordination of other needed donations and service.
(b) “Homeless encampment” means a temporary emergency homeless encampment, hosted by a religious organization which provides temporary housing to homeless persons.
(2) Who May Apply. Temporary homeless encampments shall be permitted only as an accommodation of religious exercise by a host agency, as provided by RCW 36.01.290. Each host agency shall apply for a permit under this section and shall certify compliance with all applicable requirements for approval and conditions of this section and application for a permit.
(3) Applicable Procedures.
(a) A temporary encampment permit is an administrative decision. In addition to the requirements for administrative decisions found elsewhere in the Hoquiam Municipal Code, the following procedures shall apply:
(i) Advance Notice Required. The host agency shall notify the city of the proposed homeless encampment a minimum of thirty days in advance of the proposed date of establishment of the homeless encampment. The advance notification shall be in the form of an application for a temporary homeless encampment permit and shall contain the following information:
(A) The date the homeless encampment will commence;
(B) The length of the encampment, which shall be no longer than one hundred twenty days;
(C) The maximum number of residents proposed;
(D) The host location, which must be owned by the host agency;
(E) The name of the host agency; and
(F) Other information required by the city building official and other city officials.
(ii) Informational Meeting Required. The host agency shall conduct at least one informational meeting within, or as close to as possible, the location where the proposed homeless encampment will be located, a minimum of one week prior to the issuance of the temporary homeless encampment permit. The time and location of the meeting shall be agreed upon between the city and the host agency. All property owners and occupants within three hundred feet of the location of the proposed homeless encampment shall be notified by mail or personal service ten days in advance of the meeting by the host agency. In lieu of service by mail or personal service, an alternative means of notice may be provided that is reasonably calculated to notify the neighboring property owners within three hundred feet of the proposed homeless encampment.
(iii) Signs Required. The applicant shall also provide notice of the application within the same time frame identified above by posting two signs on the site or in a location immediately adjacent to the site that provides visibility of the signs to motorists using adjacent streets. The city administrator or his/her designee shall provide the sign-age after establishing standards for size, color, layout, design, placement and timing of installation and removal of the signs.
(4) Homeless Encampment – Criteria/Requirements for Approval of Permit. The city administrator or his/her designee may issue a temporary revocable homeless encampment permit subject to the following criteria and requirements:
(a) Site Criteria.
(i) The property must be sufficient in size to accommodate the tents and necessary site facilities, including but not limited to the following:
(A) Sanitary portable toilets in the number required to meet capacity guidelines, unless bathrooms are provided by the host agency;
(B) Hand washing stations or hand sanitizer dispensers located by the toilets and by the food areas;
(C) Refuse receptacles; and
(D) Community tent.
(ii) The host agency shall provide an adequate water source to the homeless encampment, as approved by the city.
(iii) No homeless encampment shall be located within a critical area as defined under Chapter 11.06 HMC.
(iv) No permanent structures will be constructed for the homeless encampment.
(v) No more than forty residents shall be allowed at any one homeless encampment. The city may further limit the number of residents as site conditions dictate.
(vi) Adequate on-site parking shall be provided for the homeless encampment. No off-site parking will be allowed. The number of vehicles used by the homeless encampment residents shall be provided in the permit application. If the homeless encampment is located on a site that has another preexisting use, it shall be shown that the homeless encampment parking will not create a shortage of on-site parking for the other use(s) on the property.
(vii) The homeless encampment shall be adequately buffered and screened from adjacent rights-of-way and residential properties. Screening shall be a minimum of six feet and may include, but is not limited to, fencing, or the placement of the homeless encampment behind buildings. The type of screening shall be approved by the city.
(viii) All sanitary portable toilets shall be screened from adjacent rights-of-way and properties. The type of screening shall be approved by the city, and may include, but is not limited to, a combination of fencing and/or landscaping.
(b) Security.
(i) An operations and security plan for the homeless encampment shall be submitted to the city at the time of application.
(ii) The host agency shall provide to all residents of the homeless encampment a written code of conduct for living at the homeless encampment. A copy of the code of conduct shall be submitted to the city at the time of application and shall be in substantially the following form or address the following issues:
(A) Possession or use of illegal drugs is not permitted;
(B) No alcohol is permitted;
(C) No weapons are permitted;
(D) All knives with a blade over three and one-half inches must be turned in to the host agency’s on-site encampment manager for safekeeping;
(E) No violence is permitted;
(F) No open flames are permitted without preapproval from the city administrator or his/her designee;
(G) No trespassing onto private property in the surrounding neighborhood is permitted;
(H) No loitering in the surrounding neighborhood is permitted;
(I) No littering on the temporary encampment site or in the surrounding neighborhood is permitted;
(J) The host agency may impose and enforce additional code of conduct conditions not otherwise inconsistent with this section.
(iii) All homeless encampment residents must sign an agreement to abide by the code of conduct and failure to do so shall result in the noncompliant resident’s immediate expulsion from the property.
(iv) The host agency shall take all reasonable steps to keep a log of all people who stay overnight in the homeless encampment, including names and birth dates, and dates of stay. Logs shall be retained by the host agency for a minimum of thirty days from the date of disbanding of the homeless encampment.
(v) The host agency shall take all reasonable and legal steps to obtain verifiable ID, such as a driver’s license, government-issued identification card, military identification, or passport from prospective and existing homeless encampment residents.
(vi) The host agency will use identification to obtain sex offender and warrant checks from the Washington State Patrol, the Grays Harbor County sheriff’s officer, or the Hoquiam police department.
(A) If said warrant and sex offender checks reveal either (1) an existing or outstanding warrant from the Hoquiam municipal court for the arrest of the individual who is the subject of the check, or (2) the subject of the check is a sex offender, required to register with the county sheriff of their county of residence pursuant to RCW 9A.44.130, then the host agency shall reject the subject of the check for residency to the homeless encampment or eject the subject of the check if that person is already a homeless encampment resident.
(vii) The host agency shall self-manage its residents and prohibit alcohol, illegal drugs, weapons, fighting, and abuse of any kind, littering, or disturbing the neighbors while located on the property of the host agency.
(viii) The host agency will appoint a designated representative to serve “on-duty” as an encampment manager at all times to serve as a point of contact for the police department and will orient the police department as to how the community tent operates. The name of the on-duty designated representative will be posted daily in the community tent. The city shall provide contact numbers of nonemergency personnel which shall be posted at the community tent.
(c) Duration and Number of Encampments.
(i) The duration of a temporary homeless encampment shall not exceed one hundred twenty days.
(ii) No additional temporary homeless encampments may be allowed on the same parcel of property or location in any twelve-month period beginning on the date the homeless encampment locates on a parcel of property or location.
(iii) No more than one temporary homeless encampment may be located in the city at any time.
(d) Health and Safety.
(i) There shall be no open fires for cooking, other than a propane stove in the community tent, without preapproval by the Hoquiam fire department and no open fires for heating or other purposes.
(ii) No heating appliances within the individual tents are allowed without preapproval by the Hoquiam fire department.
(iii) No cooking appliances other than microwave appliances are allowed in individual tents.
(iv) An adequate number, with appropriate rating, of fire extinguishers shall be provided as approved by the Hoquiam fire department.
(v) Adequate access for fire and emergency medical apparatus shall be provided. This shall be determined by the Hoquiam fire department.
(vi) Adequate separation between tents and other structures of at least twelve inches shall be maintained as determined by the Hoquiam fire department.
(vii) Electrical service shall be in accordance with recognized and accepted practice. Electrical cords are not to be strung together and any cords used must be approved for exterior use.
(5) Administrative Decision.
(a) Purpose. The city administrator or his/her designee shall review the application for a temporary homeless encampment permit to ensure compliance with the provisions of this section and all other applicable law, to ensure that the health, safety and welfare of the residents of the city including residents of the camp is preserved, and to provide an expedient and reasonable land use review process for decisions under and interpretations of this section.
(b) City Administrator’s Authority. The city administrator or his/her designee has authority to modify the requirements of the application as deemed appropriate.
(c) Notice of Decision. The city administrator or his/her designee shall notify the host agency of his/her decision to approve, modify, or deny the application for a temporary homeless encampment permit in a timely manner, not to exceed fourteen days after the application is received by the city. This decision is a final decision of the city. Appeals of decisions to approve or deny a temporary homeless encampment permit shall be to the Grays Harbor County superior court.
(6) Termination or Revocation of Temporary Homeless Encampment Permit.
(a) If the host agency fails to take action against a resident who violates the terms and conditions of a temporary homeless encampment permit, it may result in the immediate termination of the permit. If the city learns of uncontrolled violence or acts of violence by residents of the encampment and the host agency has not addressed the situation, in the opinion of the city administrator or his/her designee, the temporary homeless encampment permit may be immediately terminated.
(b) Upon determination that there has been a violation of any approval criteria or requirement of application for a temporary homeless encampment permit, the city administrator or his/her designee may give written notice to the host agency describing the alleged violation(s). Within fourteen days of the mailing of the notice of violation the host agency shall present to the city administrator or his/her designee evidence that the violation(s) has/have been cured, or request a meeting with the city administrator or his/her designee to dispute or explain the alleged violation(s) if the host agency believes that no violation has occurred. If it is ultimately determined that a violation(s) has occurred and has not been cured, the city administrator shall notify the permit holder by certified mail that the permit has been revoked and shall provide a description of the findings upon which the revocation is based. An appeal of a decision to revoke a temporary homeless encampment shall be to the Grays Harbor superior court.
(7) Permit Fee. There shall be no application fee for a homeless encampment permit. (Ord. 16-11 § 1, 2016).
(1) The purpose of this section is to carry out the objectives and policies of the comprehensive plan; to maintain and enhance the urban forest as an important asset to the community as expressed in the comprehensive plan; and to provide landscaping and screening regulations which will promote a well-balanced, healthy, aesthetically pleasing environment for city residents and visitors. Specifically, the regulations contained in this section are intended to accomplish the following:
(a) Maintain and enhance property values;
(b) Enhance air quality by preserving tree quality and planting new trees;
(c) Provide adequate buffers between differing land uses;
(d) Mitigate the effects of noise, light, glare, heat, wind and other adverse impacts;
(e) Improve the character and appearance of the city;
(f) Reduce erosion and stormwater runoff;
(g) Increase opportunities to provide a balanced habitat for wildlife which can be maintained in an urban setting;
(h) Promote public health, safety and comfort through the retention and planting of trees;
(i) Soften the visual impacts of paved surfaces.
(2) The provisions of this chapter shall apply to all new developments within the city of Hoquiam as specified in this section in the Table of Minimum Planting Standards for New Development.
(3) Landscaping Development Standards.
(a) The landscape development standards contained in this chapter shall be administered by the director. The city planner shall be responsible for reviewing and approving planting specifications in the implementation of this chapter. The director, with the concurrence of the city planner, is authorized to make modifications when reviewing site plans based on topographical conditions or other factors unique to the site.
(b) Credit may be given against the requirements of this section in the Table of Minimum Planting Standards for New Development for certain existing trees that are preserved in accordance with this section, preservation and protection of existing trees.
(c) Ornamental trees at least six feet in height may be substituted for no more than thirty percent of the required deciduous trees.
(d) All required plant materials shall be compatible with the USDA Hardiness Zone for Hoquiam and shall not have characteristics detrimental to the public welfare such as susceptibility to disease and wind damage or a tendency to interfere with utilities or public rights-of-way.
(e) No tree shall be planted where the soil is too poor to ensure growth. An adequately sized hole shall be excavated with the unsuitable soil removed and replaced with suitable soil.
(f) Irrigation systems, root barriers and other mechanical devices may be required to assure planting viability.
(g) Existing trees which will be saved and which meet the minimum specification herein specified shall count toward meeting the requirements herein, provided they are an acceptable species as to their location.
(4) Table of Minimum Planting Standards for New Development.
Table 10.05.065: Table of Minimum Planting Standards for New Development
Type of Development(1) | Deciduous Trees Min. 2 In. Caliper DBH (at 4.5 Ft. Above Ground) | Evergreen Trees Min. 3 Ft. Height | Street Trees (1 per Every 50 Ft. of Frontage) Min. 1 In. Caliper |
|---|---|---|---|
Single-Family/Duplex | Not required – on site | Not required – on site | Required |
Multifamily/Cluster Housing (3 units or more) | 24 in. total caliper per gross acre | 24 ft. total height per gross acre | Required |
Retail/Service Commercial (Excluding Downtown Commercial Zone) | 18 in. total caliper per gross acre | 18 ft. total height per gross acre | Required |
Professional Offices, Commercial/Light Industrial | 24 in. total caliper per gross acre | 24 ft. total height per gross acre | Required |
Industrial Development | 18 in. total caliper per gross acre | 18 ft. total height per gross acre | |
(1) Does not apply to new development in the downtown commercial zone and does not include parking lots governed by this section. (“Per gross acre” excludes a parking lot when landscaped under HMC 10.05.100(9).) | |||
(2) Standards as applied to all types of new development – Required as provided in this section. Largest class of tree appropriate to the site shall be planted. Density of planting shall provide 100% canopy coverage of parking strip and adjacent sidewalk at tree maturity. | |||
Example – Deciduous Tree Calculation: Multifamily project in R-2 Zone / Lot size – 21,000 sq. ft. | |||
Lot Size (21,000 sq. ft.) x 24 in. caliper = 12 in. total caliper (equivalent to six trees at 2 in. caliper each, for example) | |||
Acre (43,560 sq. ft.) per gross acre | |||
All materials shall be certified nursery stock. | |||
(5) Landscape Plans/Approval.
(a) A plan of the proposed landscaping and screening shall be provided, which may be incorporated into plans submitted for preliminary plat, site plan or building permit review.
(b) At a minimum, landscaping plans shall identify:
(i) The common name and variety (“Bradford flowering pear,” for example), the quantity and the location of proposed plant material. Both the common name and the scientific name may be required for larger projects as determined by the director.
(ii) The location, species and size of all existing trees six inches or more in diameter (measured at four and one-half feet above ground level) and any such trees proposed to be removed.
(iii) The location, type, size and height of existing or proposed fencing.
(iv) The location of outdoor storage areas and trash receptacles and the type and size of screening.
(v) The location and type of irrigation system.
(vi) In addition to basic site information and tree identification, the city planner may require the applicant to specify the methods used to preserve existing trees including the means of providing water to and protection of the root system during the construction period. A survey of relevant elevations, before and after, may also be required if development will result in a change of elevation within ten feet of the drip line of such trees.
(c) No permits are required for normal maintenance or the replacement of dead or diseased plants.
(6) Performance Surety.
(a) No certificate of occupancy shall be issued until the required landscaping is in place. If, however, landscaping installation is incomplete at the time of formal application for occupancy due to weather-related reasons or other unforeseeable circumstance, the city may authorize a certificate of occupancy subject to submitting a bond or other surety acceptable to the city at a value of one hundred fifty percent of the estimated cost of installation.
(b) Upon completion of the landscape installation, the city shall promptly release the performance surety. If the required landscaping improvements are not made within six months of occupancy of the building, the city will use the surety to install the landscaping.
(7) Maintenance Requirements.
(a) All shrubs, trees and vegetative material used in the screening or landscaping shall be perpetually maintained in a healthy, growing condition. Irrigation systems shall be kept operational. Dead, diseased or dying plant material shall be replaced immediately, and planting areas shall be maintained reasonably free of trash and weeds.
(b) Fences used in screening and landscaping shall be perpetually maintained in an attractive and structurally sound condition.
(c) A maintenance surety in the form of a bond, cash deposit, or other security acceptable to the city covering twenty percent of the cost of the original plant materials in place may be required for one year following installation to insure compliance with this code.
(i) If a maintenance surety is required under this section, the property owner shall provide the city with a nonrevocable notarized agreement granting the city and its agents the right to enter the property and perform any necessary work.
(ii) The maintenance surety may be used by the city to perform any maintenance, and to reimburse the city for documented administrative costs associated with the maintenance activity.
(iii) Upon completion of the one-year maintenance period, the city shall promptly release the maintenance surety or any remaining portion thereof.
(8) Landscaping of Parking Areas. Landscaping of parking areas shall be as provided for in HMC 10.05.100(9), Required Landscaping of Parking Areas.
(9) Screening Requirements.
(a) At a minimum, all developments except single-family residences and duplexes shall provide a sight-obscuring fence (six feet in height minimum) or a dense evergreen hedge designed to constitute a solid planting to a minimum height of six feet in the following situations:
(i) On common property lines which abut residential districts.
(ii) On common property lines which abut districts designated for less intensive uses.
(iii) On property lines in commercial or industrial districts, the director shall evaluate the need for screening between uses, and may require screening on a case-by-case basis.
(iv) Around the perimeter of any parking area abutting residential districts.
(b) Screening requirements for loading areas for commercial and industrial uses shall be determined on a case-by-case basis by the director.
(c) Blank building walls that are forty feet or more in length and not located on a property line shall be buffered by landscaping including trees planted in front of the wall.
(10) Clear Vision Triangle. All screening and landscaping established in association with land development activities shall comply with the height and location requirements for clear vision triangles in HMC 10.05.030, Clear vision triangle.
(11) Street Trees. Street trees shall be provided in all new developments in all zones except the industrial zone and shall conform to Chapter 6.52 HMC. One street tree shall be required for every fifty feet of street frontage abutting the property. Said trees shall be installed adjacent to the right-of-way subject to the approval of the public works department. (Ord. 10-27 § 2, 2010; Ord. 10-25 § 28, 2010).
Manufactured homes may locate on individual lots in the R-1 and R-2 districts if each dwelling meets the following conditions:
(1) Have a minimum gross floor area of at least nine hundred sixty square feet;
(2) Have at least two fully enclosed parallel sections, each not less than twelve feet wide by forty feet long;
(3) Have a nominal roof pitch of not less than four-foot rise for each twelve feet of horizontal run for units with two fully enclosed parallel sections and have a nominal roof pitch of not less than three-foot rise for each twelve feet of horizontal run for units with three or more fully enclosed parallel sections;
(4) Have exterior siding similar in appearance to siding materials commonly used on conventional site-built single-family homes built according to the International Building Code;
(5) Have not been previously sited and used for residential or commercial purposes except as a display model used by a licensed manufactured home seller;
(6) Use nonreflective materials for the roof;
(7) Bear a seal of approval by the Department of Housing and Urban Development;
(8) Be provided with a foundation base in accordance with the building code or manufacturer’s specifications; and
(9) Have properly maintained skirting enclosing the space between the home and the ground that provides adequate ventilation and access, matches the exterior structure or consists of masonry material. (Ord. 04-07 § 14, 2004).
Manufactured home parks in the R-2 district shall meet the following requirements:
(1) They are no less than one acre in area;
(2) Each manufactured home space shall contain a minimum of three thousand square feet per unit;
(3) Only one manufactured home shall be permitted on any space;
(4) Unless an intervening firewall is provided, a manufactured home or accessory structure shall not be located closer than fifteen feet from any other manufactured home or closer than five feet from a roadway;
(5) All manufactured homes shall be installed to comply with all minimum standards in HMC Title 2;
(6) Each space will have a permanent connection to sewer, water, and electrical utilities; and
(7) The park has an approved binding site plan as provided in HMC Title 9. (Ord. 04-16 § 5, 2004).
Marijuana collective gardens as defined in RCW 69.51A.085 are prohibited in any zoning district in the city. (Ord. 14-07 § 3, 2014).
Marijuana processing businesses, marijuana producing businesses and marijuana retailing businesses in the I district shall comply with the following provisions:
(1) All marijuana businesses shall be state-licensed and comply with all of the standards and requirements for state-licensed marijuana businesses and facilities.
(2) No marijuana business shall be allowed as a home occupation.
(3) No more than one marijuana business shall be located on a single parcel.
(4) Marijuana production, processing and retail businesses and facilities shall be located fully within a permanent structure designed to comply with the city building code and constructed under a building permit from the city regardless of the size or configuration of the structure.
(5) No state-licensed marijuana retail business shall be located within one thousand feet, measured as the shortest straight line distance, from property line to property line, of the perimeter of a parcel which has on it a state-licensed marijuana production or processing business, nor shall a state-licensed marijuana production or processing business be located within one thousand feet of the perimeter of a parcel which has on it a state-licensed marijuana retail business.
(6) No production, processing or distribution or delivery of marijuana may be visible from the outside of the structure through windows or otherwise.
(7) All fertilizers, chemicals, gases and hazardous materials shall be handled in compliance with all applicable local, state and federal regulations. No fertilizers, chemicals, gases or hazardous materials shall be allowed to enter a sanitary sewer or stormwater sewer system nor be released into the atmosphere outside of the structure where the business is located. (Ord. 14-07 § 4, 2014).
The mixed use designation is intended to accommodate a compatible mix of residential, commercial, light industrial, public, and institutional land uses. Mixed use development requires that a master plan be developed by the city or by the property owner working with the city to establish appropriate densities, infrastructure requirements and all other required zoning and development standards specific to the mixed use.
Waterfront mixed use is intended for waterfront areas where new development is being proposed. The new development will respect the history of the city of Hoquiam’s waterfront while implementing the community’s vision for the city. These areas will become the showplace for the community where the city will retain its historic character but blend in new development and refurbish important historic structures and landmarks. Waterfront mixed use may include compatible personal, professional, and corporate offices, retail and other services, light and water-oriented industrial uses, institutional and public/educational facilities, parks and other public gathering places and areas for public use and enjoyment of the waterfront, entertainment and other cultural uses, and residential uses. (Ord. 10-25 § 29, 2010).
Multifamily dwellings in the R-2 district shall meet the following requirements:
(1) Provide a minimum of one hundred square feet of recreation space for each dwelling unit in each apartment building or complex of buildings. No more than fifty percent of this area may be indoors or covered. Where the total required recreation area is three thousand square feet or less, the outdoor space shall be a continuous piece of land. No part of the area may be used for driveway, parking, or other automobile use;
(2) Adequate buffers and screening to separate the recreation space from public streets, parking area, and driveway;
(3) All parking areas shall be buffered from surrounding residential uses; and
(4) All lights provided to illuminate parking areas shall be so arranged as to direct light away from adjoining land uses. (Ord. 04-07 § 15, 2004).
(1) Off-Street Loading Area Spaces Required.
(a) Any building intended for use as retail, wholesale, warehouse, freight, hospital, residential care facility, industrial, and manufacturing activities shall provide off-street loading according to the following minimum requirements:
(i) One loading berth for each ten thousand to twenty-five thousand square feet of floor area;
(ii) Two loading berths for each building containing twenty-five thousand or more square feet of floor area.
(b) Any building intended for use as a hotel, eating or drinking establishment, assembly hall, and community club shall provide off-street loading according to the following minimum requirements:
(i) One loading berth for each building containing twenty thousand to fifty thousand square feet of floor area;
(ii) Two loading berths for each building containing fifty thousand or more square feet of floor area.
(2) Loading Area Design Requirements. Off-street loading areas shall meet the following design requirements:
(a) Each loading berth shall be at least ten feet wide and forty-five feet long;
(b) Loading berths shall be located entirely on the property they are intended to serve and designed in such a way that the street does not serve as a maneuvering area;
(c) The design of loading areas shall avoid traffic congestion and interference and assure the highest possible degree of public safety. (Ord. 04-07 § 16, 2004; Ord. 00-09 § 4, 2000. Formerly 10.05.030).
(1) Required Spaces.
(a) All land uses, buildings, or structures established after the enactment of the ordinance codified in this section shall provide off-street parking according to the following table:
Land Uses | Number of Required Spaces |
|---|---|
Accessory dwelling units, boarding houses, and studio apartments | 1 per dwelling unit |
Adult family homes | 2 plus 1 per 4 beds |
Automobile sales and services | 1 per 600 square feet of gross floor area |
Cemeteries, mausoleums, crematoriums, and similar facilities | 1 per 75 square feet of gross floor area used for assembly |
Contractor yards | 1 per 5,000 square feet of gross area |
Day care centers and nursery schools | 1 per employee on the largest shift |
Downtown commercial district | Special conditions apply per HMC 10.03.100 |
Freight terminals | 1 per 2,000 square feet of gross floor area |
High schools | 1 per 50 students, plus 5 per classroom |
Home occupations | 1 |
Manufacturing and assembling activities | 1 per 800 square feet of gross floor area |
Medical and dental clinics | 1 per 400 square feet of gross floor area |
Moorage and marina facilities | 1 per 3 berths |
Motels, hotels, and bed and breakfast inns | 1 per unit |
Places for religious worship | 1 per 40 square feet of gross floor area of principal place of assembly |
Professional, financial, and business offices not providing on-site customer service | 1 per 800 square feet of gross floor area |
Professional, financial, and business offices with on-site customer service | 1 per 400 square feet of gross floor area |
Public utility facilities | None required |
Residential care facilities | 1 per 4 beds |
Restaurants, nightclubs, taverns, and lounges | 1 per 125 square feet of gross floor area |
Retail businesses | 1 per 300 square feet of gross floor area |
Schools, elementary, and middle schools | 10 spaces plus 1 per classroom |
Senior citizen housing | 0.5 per dwelling unit |
Single-family, duplex, manufactured housing, and multifamily dwellings | 2 for each dwelling unit |
Truck and heavy equipment sales and services | 1 per 800 square feet of gross floor area |
Veterinary clinics, kennels, animal hospitals | 1 per 800 square feet of gross floor area |
Warehouses and storage yards | 1 per 2,000 square feet of gross floor area |
Wholesale businesses | 1 per 2,000 square feet of gross floor area |
(b) If subsection (1)(a) of this section does not specifically mention a use, the building official shall determine the requirements for off-street parking by evaluating documentation supplied by the applicant describing proposed activities for the site and projected parking demand.
(c) If the requirements in subsection (1)(a) of this section result in a requirement for a fractional parking space, any fraction less than one-half shall be disregarded and fractions of one-half or greater shall require one parking space.
(d) In the event different uses occupy the same lot or structure, the total off-street parking and loading requirements shall be the sum of the requirements for each individual use.
(2) Location of Required Off-Street Parking. All off-street parking required by subsection (1)(a) of this section shall be on the same parcel for the use it serves. The building official, however, may authorize the location of required parking spaces other than on the site of the use if:
(a) The alternate site does not serve as parking for any single-family, duplex, or multifamily dwelling unit;
(b) The alternate site is within the same district;
(c) The alternate site is within two hundred fifty feet of the use;
(d) There is a safe and convenient route for pedestrians between the parking area and the use; and
(e) There is assurance in the form of a deed, lease, contract, or other similar document that the required spaces will continue to be available for off-street parking use according to the required standards.
(3) Joint Use Parking. The building official may approve the owners of two or more uses, structures, or parcels of land to jointly use the same parking or loading area; provided, that:
(a) The joint parking does not serve as parking for any single-family, duplex, or multifamily dwelling unit;
(b) The hours of operation do not overlap; and
(c) Satisfactory legal evidence exists in the form of a deed, lease, contract, or similar document that secures full access to such parking or loading areas for all parties jointly using them.
(4) Expansion and Change of Use.
(a) Any change in the use of any existing parcel or structure shall comply fully with the appropriate number of parking spaces as provided in subsection (1) of this section.
(b) Any expansion of an existing structure or parcel shall provide for the number of parking spaces required in subsection (1) of this section only for the total area involved in the expansion.
(5) Downtown Commercial District Exclusion. Existing and new uses are exempt from parking requirements, except for hotels and motels, which shall provide the number of spaces required in subsection (1)(a) of this section. If any new parking is constructed the parking facility shall meet the design standards contained in this chapter.
(a) Any expansion of an existing structure shall provide for the number of parking spaces required in subsection (1)(a) of this section only for the total area involved in the expansion; and
(b) No structure with existing public or private off-street parking may reduce the number of spaces it has available.
(6) Off-Street Parking Design Standards. The following design standards shall apply to all parking areas except those serving single-family or duplex residential dwelling units.
(a) All parking areas shall provide for the turning, maneuvering, and parking of all vehicles on the lot. It shall be unlawful to locate or construct any parking area so that use of the space requires a vehicle to back into a public street.
(b) Parking spaces shall meet the following requirements:
(i) At least seventy percent of the required off-street parking spaces shall have a minimum width of nine feet and a minimum length of eighteen feet.
(ii) Up to thirty percent of the required off-street parking spaces may have a minimum width of eight feet and a minimum length of fifteen feet.
(iii) The minimum length of a parallel parking space shall be twenty-three feet.
(iv) Space dimensions shall be exclusive of access drives, aisles, ramps, or columns.
(v) No parking spaces shall be within the clear vision triangle.
(c) Aisle width shall be not less than:
(i) Twenty-five feet for ninety-degree parking;
(ii) Twenty feet for less than ninety-degree parking; and
(iii) Twelve feet for parallel parking.
(iv) The angle of the parking space is measured from the centerline of the parking space and the centerline of the aisle.
(d) All parking spaces shall be clearly striped. Compact spaces shall be clearly marked “COMPACT.”
(e) Parking facilities shall have an all-weather, hard surface such as asphalt, concrete or turfstone that meets the approval of the administrator. Pervious pavement is encouraged. Parks shall be exempt from this requirement provided that the facility is surfaced with no less than three inches of crushed gravel over a six-inch gravel base and is maintained to be dust free.
(f) Off-street parking areas sharing a common boundary with a residential property shall erect a sight-obscuring barrier no less than five feet in height to stop the glare of automobile or truck headlights.
(g) The lighting for off-street parking areas shall be no greater than twenty feet in height and directed, hooded or shielded so that the lamp is not visible from adjacent residential properties or public streets.
(7) On-Site Vehicle Stacking for Drive-Through Use.
(a) All uses providing drive-through services as defined by this chapter shall provide a stacking lane on the same site for inbound vehicles. Stacking lane requirements shall be determined through the review process.
Stacking Lane Guidelines for Uses with Drive-Through Windows
Use | Number of Stacking Lane Spaces |
|---|---|
Drive-in banks | 5 spaces per service terminal |
Automated teller | 50'/service terminal machine |
Drive-in cleaners, repair services | 50' |
Drive-in restaurants | 6 spaces per lane |
Drive-up stands (espresso, etc.) | 3 spaces per lane |
Mechanical car washes | 3 spaces per washing unit |
Vehicle fuel sales | 3 spaces per pump |
Minimum length of one stacking space = 18 feet
(8) Bicycle Parking Standards. Bicycle parking standards shall only apply to new development and shall consist of:
(a) A stationary rack that supports the bicycle with at least one point to which the user can lock the bicycle and both wheels and frame with a high security U-shaped lock or cable lock.
(b) Spaces should be two feet by six feet with no less than a five-foot space for maneuvering behind the bike.
(c) Bicycle spaces should be separated from motor vehicle parking areas by a barrier, post or bollard, or by at least five feet of open space behind the maneuvering area.
Land Uses | Number of Required Bicycle Parking Spaces |
|---|---|
Daycare | 1 per 10,000 square foot of building area |
Manufacturing and assembling activities | 1 per 800 square feet of gross floor area |
Medical and dental clinics | 2 per 70,000 square feet of gross floor area |
Moorage and marina facilities | 1 per 5 berths |
Motels, hotels, and bed and breakfast inns | 2 per 20 rentable rooms |
Places for religious worship | 1 per 4,000 square feet of gross floor area of principal place of assembly |
Professional, financial, and business offices not providing on-site customer service | 1 per 800 square feet of gross floor area |
Professional, financial, and business offices with on-site customer service | 1 per 400 square feet of gross floor area |
Restaurants, nightclubs, taverns, and lounges | 1 per 1,000 square feet of gross floor area |
Retail businesses | 1 per 1,000 square feet of gross floor area |
(9) Required Landscaping of Parking Areas.
(a) The standard for landscaping of parking lots with more than five spaces shall be five percent of the total parking area, in addition to the specific screening requirements of HMC 10.05.065(9), Screening Requirements.
(b) Landscaping shall consist of combinations of trees, shrubs, and groundcover with careful consideration to eventual size and spread, susceptibility to disease and pests, durability, and adaptability to existing soil and climatic conditions.
(c) Every parking area that abuts property in any residential district shall be separated from such property by a solid wall, view-obscuring fence, or compact evergreen hedge at least six feet in height.
(d) No parking stall shall be located more than fifty feet from a landscaped area.
(e) Landscaping of parking lots which border directly on a street shall include a five-foot-wide planting area along the entire street frontage (except for driveways) between the property line and the parking area. This requirement is in addition to the five percent requirement of subsection (9)(a) of this section.
(f) Landscaping shall be proportionately distributed throughout the parking area in a manner which best fulfills the objectives of the chapter.
(g) Wherever possible, landscaping of paved parking areas shall include deciduous trees in order to provide shade for up to at least 20% of the vehicle accommodation area.
(h) Trees retained on the lot as allowed by HMC 10.05.065(9), Screening Requirements, may reduce the number of required spaces.
(i) All site plans shall specifically demonstrate how each of the requirements of this section are met.
(j) A bond shall be filed with the city to secure completion of all landscaping required in this section prior to occupancy, and its survival in a healthy condition or replacement for a minimum period of twelve months from the date of completion.
(k) All landscaping shall be installed prior to occupancy unless seasonally impractical, in which case the director may grant an extension to a specified date when such installation will be practical, subject to the bonding requirements of this section. (Ord. 10-27 § 3, 2010; Ord. 10-25 § 30, 2010; Ord. 04-07 § 17, 2004; Ord. 00-09 § 4, 2000. Formerly 10.05.020).
(1) The purpose of planned unit developments is to provide for the flexible planning and development of land as a single unit that will result in the:
(a) Preservation of conservation areas through the use of cluster developments; and/or
(b) Construction of affordable housing.
(2) Planned unit developments are a permitted use in the R-1 and R-2 districts on any parcel that is two acres or more in area and has full access to a designated arterial or collector as identified in the comprehensive land use plan.
(3) The planned unit development approval process shall occur as part of, and through the same procedures as, a subdivision application as provided in HMC Title 9.
(4) The following uses are permitted uses in a planned unit development:
(a) All permitted and conditional uses for the R-1 and R-2 districts as provided in HMC 10.03.090(3), Table of Permitted and Conditional Uses;
(b) Retail sales, professional services, personal services, and restaurants that cover no more than ten percent of the total land area of the planned unit development; and
(c) Any other use that is consistent with the intent of the R-1 and R-2 districts.
(5) The following modifications to HMC 10.03.100(3), Table of Maximum Density and Minimum Dimensional Standards for Land Use Districts, may apply to all planned unit development that result in the creation of open space:
(a) Reduction in the area and width of lots;
(b) Reduction in the yard requirements, except for:
(i) Those yards abutting the perimeter of the planned unit development; and
(ii) Side yards abutting a street.
(6) A planned unit development may exceed the maximum density requirements for the R-2 district by fifty percent if:
(a) Twenty-five percent or more of the proposed dwelling units are affordable housing as defined in Chapter 10.09 HMC, Definitions; or
(b) The city accepts off-site development rights to a conservation area owned by the applicant, or his or her successors, and located within the city limits or the urban growth area as delineated in the Hoquiam comprehensive land use plan.
(7) Conservation areas in planned unit developments must meet the following performance standards:
(a) Conservation areas shall not include streets, driveways, parking areas, utility improvements, or the required yards for buildings or structures;
(b) Conservation areas may contain structures and improvements as are necessary and appropriate for the out-of-doors enjoyment of the residents of the planned unit development;
(c) Conservation areas must be unique to the project, and may only be credited a single time and to a single project;
(d) Land shown in the final plat as conservation areas shall be permanently maintained by and conveyed by one of the following:
(i) Covenants, deeds, and/or homeowners’ association bylaws, or other documents guaranteeing maintenance, construction, and common fee ownership, if applicable, of conservation areas, community facilities, and all other commonly owned and operated property. The city attorney shall review and approve such documents and conveyances for compliance with the requirements of the UDC before final plat approval. Such documents and conveyances shall be recorded with the county auditor as a condition of any final plat approval.
(ii) A public agency that agrees to maintain the conservation area and any buildings, structures or other improvements which have been placed upon it. (Ord. 04-07 § 18, 2004).
(1) Air Quality Standards. The emission of any air pollutants or odors by any use shall be subject to Chapter 70.94 RCW and Chapters 173-400 through 173-401 and 173-460 WAC.
(2) Noise Level Standards. The intensity of sounds emitted by any use to adjacent properties shall not exceed the levels stated in Chapters 173-60 and 173-62 WAC.
(3) Light and Glare Standards. Any land use creating intensive glare or light shall obscure the view of this glare or light from any point along the property line through the use of fences, walls, or hedges.
(4) Use and Storage of Hazardous Substances. The use and/or storage of hazardous substances, as defined in RCW 70.105.010(14) shall be permitted only in the C-1, C-2, and I districts. All hazardous substances shall be stored and/or transported in approved containers that prevent any leakage to the air, earth, and/or surface or ground water.
(5) City Public Utility Connection. All new development shall connect to the city of Hoquiam public water and sewer systems except as provided under HMC 8.08.030(1). On-site wastewater disposal systems shall be in conformance with Chapter 246-272 WAC.
(6) Storm Water. All new development, except residential structures with four or less dwelling units, shall provide for the control and management of storm water run-off in accordance with the following requirements:
(a) Before the granting of any building permit, the city engineer may require engineering analysis on a site to determine if the filling of the property will cause flooding to adjacent properties.
(b) All new development shall install culverts or other drainage facilities capable of accommodating a one-hundred-year rainfall event.
(c) Any new development with more than five thousand square feet of impervious surfaces shall minimize run-off volume and velocity by retaining storm water on site so that it can be evaporated, absorbed, and/or released at a rate that does not exceed the capacity of downstream drainageways to accommodate the flow.
(d) All storm water facilities shall include oil-water separators approved by the city engineer.
(7) Erosion and Sedimentation Control. All new development shall minimize erosion and sedimentation caused by storm water run-off through the following measures as deemed acceptable by the city engineer:
(a) Only the minimum removal of vegetative cover, particularly trees, necessary for building placement or access shall be permitted.
(b) Temporary measures for controlling erosion and sedimentation during construction, such as berms or holding ponds, especially on slopes ten percent or greater, shall be required until permanent vegetative cover is established.
(c) All exposed areas shall be planted in permanent cover as soon as possible after construction.
(8) Vibration and Concussion. No use on a parcel shall generate vibration or concussion that other parcels can detect without the aid of instruments except during periods of construction. (Ord. 04-07 § 19, 2004; Ord. 00-09 § 4, 2000. Formerly 10.05.010).
(1) Renewable energy in all districts shall meet the requirements set forth by the city of Hoquiam to provide for safety and minimize the impacts on scenic, natural and historic resources within the city and regionally. No renewable energy facility shall be erected, installed, constructed or operated without first obtaining a building permit from the city of Hoquiam. Renewable energy production can take many forms, including but not necessarily limited to solar, wind, wave, or tidal, and can either be for private individual or commercial uses. The city has determined that renewable energy projects are a permitted use in all districts and are exempt from height restrictions triggering the need for a conditional use permit as defined in HMC 10.07.130 so long as said projects meet the conditions and standards as set below.
(2) The proposed facility must meet all applicable local, state and federal requirements and must be submitted with a building permit application, site plan showing parcel boundary, setbacks and technical information regarding size and operation of the facility.
(3) No more than one wind turbine and related support structures and other improvements per parcel for private use, provided the wind turbine height must be less than sixty feet and the wind turbine must be set back from all property lines a distance equal to one foot for every foot in height of the wind turbine.
(4) One wind turbine with a wind turbine height of sixty feet or more or a wind turbine farm and related support structures and other improvements under the following conditions:
(a) The lowest point on all rotor blades must be at least thirty feet above ground level;
(b) No wind turbine’s height exceeds three hundred fifty feet;
(c) All wind turbine tower bases must be set back from all dwellings not located on the same parcel by at least one thousand feet;
(d) All wind turbine tower bases must be set back from all property lines a distance equal to twice the associated wind turbine height;
(e) All wind turbine tower bases must be set back from the closest edge of a state, county, or city road right-of-way a distance equal to twice the wind turbine height;
(f) For all wind turbine(s) proposed to be located within four miles of the nearest point of the nearest runway of the nearest airport available for public use, the applicant for a building permit must comply with all the requirements imposed by the Federal Aviation Administration (FAA) and provide a written statement from the FAA that sets forth the FAA’s comments and requirements, if any, for the proposal;
(g) All wind turbines must comply with Federal Aviation Regulation Part 77, Objects Affecting Navigable Airspace, including but not limited to providing such notices to the FAA as required thereunder and compliance with all requirements or prohibitions imposed by the FAA on the applicant’s proposal; and
(h) If the use of any wind turbine or wind turbine farm is discontinued for a period of one year or more, the owner of such facility shall remove the facility within ninety days of written notification by the planning department. If such facility is not removed within said ninety days, the city may refer the issue to the code enforcement officer for appropriate action. (Ord. 10-25 § 31, 2010).
The intent of this section is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the number, size, design, quality of materials, construction, location, electrification and maintenance of all signs and sign structures; to preserve and improve the appearance of the city as a place in which to live and as an attraction to nonresidents who come to visit or trade; to encourage sound signing practices as an aid to business and for public information but to prevent excessive and confusing signing displays.
(1) Permits and Fees Required. No sign permit shall be issued unless the sign installer has a valid Washington State sign contractor’s license; provided, however, an applicant may obtain a permit to install a sign on his own property without a state license.
(2) Installation Requirements.
(a) Structural Requirements. The structure and erection of signs or flag poles within the city shall be governed by the city’s adopted building code. Compliance with the building code shall be a prerequisite to issuance of a sign permit under this code.
(b) Electrical Requirements. Electrical requirements for signs within the city shall be governed by the National Electrical Code. Compliance with the National Electrical Code shall be required by every sign utilizing electrical energy as a prerequisite to issuance of a sign permit under this code.
(c) Illumination Requirements. Illumination from or upon any sign shall be shaded, shielded, directed or reduced so as to avoid undue brightness, glare or reflection of light on private or public property in the surrounding area, and so as to avoid unreasonably distracting pedestrians or motorists. “Undue brightness” is illumination in excess of that which is reasonably necessary to make the sign reasonably visible to the average person on an adjacent street. Illumination, if used, shall be what is known as white or yellow and shall not be blinking, fluctuating or moving, with the exception that blinking “Open” signs or directional arrow signs may be used during hours when a business is open. Light rays shall shine only upon the sign or upon the property within the premises and shall not spill over the property lines, in any direction, except by indirect reflection.
(d) Maintenance. All signs, including signs heretofore installed, shall be constantly maintained in a state of security, safety, appearance and repair. If any sign is found not to be so maintained or is insecurely fastened or otherwise dangerous, it shall be the duty of the owner and/or occupant of the premises on which the sign is fastened to repair or remove the sign within five days after receiving notice from the sign code administrator. The premises surrounding a freestanding sign shall be free and clear of rubbish and landscaping area maintained in a tidy manner.
(e) Landscaping for Freestanding and Monument Signs. All freestanding and monument signs shall include as part of their design landscaping about their base so as to prevent vehicles from hitting the sign and to improve the overall appearance of the installation.
(f) Inspection. All sign users shall permit the periodic inspection of their signs by the city upon city request.
(g) Location. All monument and temporary freestanding signs (such as construction signs and property “for sale” signs) must be set back a minimum of five feet from any property lines, or outside the sight triangle established by the vision clearance ordinance, whichever is greater.
(3) More Restrictive Provision to Apply. Whenever two provisions of this code overlap or conflict with regard to the size or placement of a sign, the more restrictive provision shall apply.
(4) Permit – Requirements. No sign governed by the provisions of this code of more than four square feet in sign area shall be erected, structurally altered or relocated by any person, firm or corporation after the date of adoption of this code without a permit issued by the city (with the exceptions as noted). No new permit is required for signs which have permits and which conform with the requirements of this code on the date of its adoption unless and until the sign is structurally altered or relocated.
(5) Permit – Applications. Applications for permits shall contain the name and address of the owner and user of the sign, the name and address of the owner of the property on which the sign is to be located, the location of the sign structure, drawings or photographs showing the design and dimensions of the sign and details of its proposed placement and such other pertinent information as the administrator of this code may require to ensure compliance with this code and other applicable ordinances. Permit applications shall be available for inspection by the public upon request. Upon completion of a permit application, the application shall be acted on within two weeks unless there is a requirement for further time under SEPA.
(6) Fee Schedule. Fees for sign permits shall be established by resolution of the city council.
(7) Prohibited Signs. Prohibited signs are subject to removal (except legal nonconforming signs as defined by this chapter) by the city at the owner’s or user’s expense. The following signs or displays are prohibited:
(a) Animated signs, including so-called digital signs or digital billboards;
(b) Portable signs;
(c) Advertising vehicles;
(d) Signs which purport to be, or are an imitation of, or resemble an official traffic sign or signal, or which bear the words “stop,” “caution,” “danger,” “warning,” or similar words;
(e) Signs which, by reason of their size, location, movement, content, coloring or manner of illumination, may be confused with or construed as a traffic control sign, signal or device, or the light of an emergency or radio equipment vehicle, or which obstruct the visibility of traffic or a street sign, signal or device;
(f) Signs which are located upon or projecting over public streets, sidewalks, or rights-of-way except as provided for in subsection (9)(b)(ii) of this section and except for awnings and canopies in HMC 10.04.034(5) and except for municipal signs erected by the city with the approval of WSDOT or the appropriate authority, sandwich board signs in subsection (9)(a)(vi) of this section and off-premises directional signs in subsection (8)(l) of this section;
(g) Signs attached to utility poles;
(h) Off-premises signs, except as provided for in subsection (9)(b)(ix) of this section and by conditional use permit pursuant to this title;
(i) Strings of banners, pennants, and other graffiti-like material;
(j) Freestanding signs;
(k) Billboards.
(8) Exemptions. The following signs do not require a sign permit (unless noted), nor shall the area and number of such signs be included in the area and number of signs permitted for any site or use. This 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 chapter or any other law or ordinance.
(a) The flag, emblem or insignia of a nation or other governmental unit or nonprofit organization subject to the guidelines concerning their use set forth by the government or organization which they represent. Flag poles require a sign permit for structural review.
(b) Memorial signs or tablets, names of buildings, stained glass windows and dates of erection when cut into the surface or the facade of the building or when projecting not more than two inches.
(c) Traffic or other municipal signs, signs required by law or emergency, railroad crossing signs, legal notices, and any temporary or nonadvertising signs as are authorized under policy approved by the city council.
(d) Signs of public utility companies indicating danger or which serve as an aid to public safety or which show the location of underground facilities or of public telephones.
(e) Flush-mounted wall signs used to identify the name and address of the occupant for each dwelling, provided the sign does not exceed two square feet in sign area.
(f) Signs located in the interior of any building or within an enclosed lobby or court of any building or group of buildings, which signs are designed and located to be viewed exclusively by patrons of such use or uses.
(g) Noncommercial speech signs meeting the provisions provided in subsection (9)(c) of this section.
(h) Decorations, or such signs in the nature of a decoration, clearly incidental and customary to and commonly associated with any national, local or religious holiday.
(i) Painting, repainting or cleaning of an advertising structure or the changing of the advertising copy or message thereon shall not be considered an erection or alteration which requires a sign permit unless a structural change is made.
(j) Sculptures, fountains, mosaics and design features which do not incorporate advertising or identification.
(k) “No trespassing,” “no dumping,” “no parking” or “private” signs identifying essential public needs (i.e., restrooms, entrance, exit, telephone, etc.) and other informational warning signs, which shall not exceed three square feet in surface area.
(l) Directional signs erected by the city on arterial streets directing the public to public, civic, or nonprofit facilities. Such signs shall be erected at the discretion of the director of public works and shall be subject to city design guidelines. In addition, with the approval, the director of public works may allow the erection of directional signs as are necessary to designate commercial areas or significant tourist sites within the city.
(m) Signs erected by the city along the Riverside Dike.
(9) Permitted Signs. The following signs are permitted subject to the applicable limitations as noted.
(a) Temporary Signs. The following signs are classified as temporary (nonpermanent). Temporary signs are permitted subject to the applicable limitations.
(i) Construction Signs. A sign permit is required. Such signs may be displayed only after a building permit is obtained and during the period of construction on the construction site. Only one such sign is permitted per construction project for each public street upon which the project fronts. The applicable limits are as follows:
(A) In all zones other than single-family residential zones, no construction sign shall exceed thirty-two square feet in sign area (printed copy on one side only) or ten feet in height, nor be located closer than ten feet from the property line or closer than thirty feet from the property line of the abutting owner.
(B) In single-family residential zones, no construction sign shall exceed thirty-two square feet in sign area (printed copy on one side only) or ten feet in height, nor be located closer than ten feet from the property line of the abutting owner.
(ii) Grand Opening Displays. No sign permit is required. Such temporary signs, posters, banners, strings of lights, clusters of flags, balloons, or other air- or gas-filled figures, and searchlights are permitted for a period of fourteen days only to announce the opening of a completely new enterprise or the opening of an enterprise under new management. All such materials shall be removed immediately upon the expiration of fourteen days. Such displays are permitted only in districts where the enterprise so advertised is allowed under district zoning regulations. Searchlights may be permitted by any business or enterprise provided the beam of light does not flash against any building or does not sweep an arc of forty-five percent from vertical.
(iii) Real Estate Signs. No sign permit is required. All exterior real estate signs must be of wood or plastic or other durable material. The permitted signs, with applicable limits, are as follows:
(A) Residential “For Sale” and “Sold” Signs. Such signs shall be limited to one sign per street frontage not to exceed five square feet in sign area, placed wholly on the property for sale, and not to exceed a height of seven feet.
(B) Residential Directional “Open House” Signs. Such signs shall be limited to one sign per street frontage on the premises for sale and three off-premises signs. However, if a realtor has more than one house open for inspection in a single development or subdivision, he/she is limited to four off-premises “open house” signs in the entire development or subdivision. Such signs are permitted only during daylight hours and when the realtor or seller or an agent is in attendance at the property for sale. No such sign shall exceed five square feet in sign area.
(C) Undeveloped Commercial and Industrial Property “For Sale or Rent” Signs. One sign per street frontage advertising undeveloped commercial and industrial property for sale or rent. The sign shall not exceed thirty-two square feet in sign area and seven feet in height.
(D) Developed Commercial and Industrial Property “For Sale or Rent” Signs. One sign per street frontage advertising a commercial or industrial building for rent or sale is permitted while the building is actually for rent or sale. If one face of the building is less than ten feet from the building line, the sign shall be placed on the building or in a window. The sign shall not exceed seven feet in height and, if freestanding, shall be located more than fifteen feet from any abutting property line or a public right-of-way line. Said sign shall not exceed thirty-two square feet in sign area.
(E) Undeveloped Residential Property “For Sale” Signs. One sign per street frontage advertising undeveloped residential property for sale is permitted not exceeding thirty-two square feet in sign area. Said sign must be placed more than thirty feet from the abutting owner’s property line and may not exceed a height of seven feet.
(F) Subdivisions approved after the effective date of the ordinance codified in this section are permitted one cluster of flagpoles (not to exceed five flagpoles) in front of sales offices to advertise the new development.
(iv) Community Banners or Cloth Signs. Such signs may be permitted and extend across a public street by permission of the city administrator or appointed representative. Such signs may only be placed at city-designated locations and erected by city personnel.
(v) Banners. Such signs may be permitted on private property. Banners may be used to advertise a sale, other special events, or for new businesses waiting for a permanent sign. Notification to the city is required prior to hanging the banner. This notification shall include acknowledgment of the banner requirements, the dates the banner will be used and location of the banner. Businesses are only allowed one banner per wall with a maximum of two banners per business at any one time. All banners must comply with the following:
(A) Maintenance Standards. All banners must be legible, made of durable materials, and must be well maintained.
(B) Time Limitation. Banners are limited to two thirty-day placements per calendar year.
(C) Location on Property. Banners must be located completely on a wall, and tacked down on four corners. Banner size shall be regulated to a maximum of ten percent of the architectural elevation per wall.
(vi) Sandwich Board Signs. Only businesses that are located in the C-1 or C-2 districts shall be allowed to have sandwich board signs and shall be limited to one sandwich board sign. These signs are subject to the following conditions:
(A) Notification and Indemnification. Notification to the city is required prior to displaying a sandwich board sign, which shall designate the proposed location of the sign. In addition, prior to displaying a sandwich board sign, the owner of the business shall sign and file with the city building department a release and hold harmless form, indemnifying the city of any liability for injuries to persons or property caused by the sandwich board sign.
(B) Size. The area of the sign shall not exceed six square feet per side in size and shall not be wider than two feet.
(C) Maintenance Standards. Signs shall be constructed out of materials able to withstand typical Northwest weather. Such materials may be metal, finished wood, chalkboard, whiteboard or plastic; signs and copy shall be of professional quality. Owners of sandwich board signs shall be required to keep their signs in a legible, intact, and well-maintained manner.
(D) Display Time. Signs may only be displayed during business hours. If business hours continue past daylight hours, precautions should be taken to place the sign in a location where it is readily visible after dark. This shall not be construed to allow the wiring of a sign for lighting.
(E) Location. Signs may be located only on the premises of the business or on a sidewalk which is adjacent to the premises of the business. Such signs shall not be placed in a location which is within the vision triangle or any location which will impede vehicular traffic. Further, such signs shall not be placed in a manner which will block or otherwise obstruct the safe use of sidewalks, building entrances or stairs by pedestrians, including pedestrians who are visually impaired or otherwise handicapped.
(vii) Garage Sales (Yard Sales, Moving Sales, Patio Sales). No sign permit is required. Such sign shall be limited to one sign on the premises and three off-premises signs. No such sign shall exceed four square feet in sign area. The sign or signs may be displayed only during the sale and must be removed the day the sale ends. The person or persons for whom the sign or signs are displayed shall be responsible for its removal and subject to the penalties as provided in this code.
(viii) Seasonal Sales. No sign permit is required. Vendors who receive a temporary business license as defined in HMC 4.05.085 for seasonal or temporary sales activities (e.g., Christmas trees or fireworks) are permitted one sign not to exceed twenty square feet in sign area. This sign shall be mounted to the booth or trailer used for temporary sales.
(b) Permanent Signs.
(i) Signage on Awnings and Marquees. Signage will be allowed on awnings and marquees in commercial and industrial zones of the city. Such signage shall be limited to thirty percent coverage of the face of the marquee or the exposed surface of the awning. The signage area shall be calculated on the basis of the smallest rectangle, circle or spherical figure that will enclose the entire copy area of the sign. Any such calculations shall include the areas between letters and lines as well as the areas of any devices which are intended to attract attention.
(ii) Projecting Signs. Projecting signs will be allowed in the commercial zones of the city. No more than one-third of the height of any projecting sign shall exceed the height of the building to which it is attached. The minimum clearance above grade shall not be less than eight feet. A projecting sign may not project over an alley right-of-way. A projecting sign may not project more than two-thirds of the distance from the building to the curb line. No projecting sign shall be closer than two feet from the curb line. No projecting sign shall extend more than ten feet from the face of a building. Businesses will be allowed no more than one projecting sign for their use. For businesses which have building frontage on two different streets, a maximum of one projecting sign may be located on each separate street frontage.
(iii) Freestanding Signs. Freestanding signs are permitted only where it can be demonstrated that monument signs are not effective due to topography, landscaping and/or natural vegetation, building locations/setbacks, adjacent land uses, or other physical restraints not created by acts of the property owner. In such cases, such sign shall not exceed fifteen feet in height, shall not exceed the size standards of Table 10.05.130(2), and shall be subject to design approval by the city. It shall be incumbent upon the owner/operator of such facility to establish the need for such sign based upon the above criteria.
(iv) Wall signs.
(v) Monument Signs. Monument signs shall be permitted subject to Tables 10.05.130(1) and (2).
(vi) Low-Profile Monument Signs. Low-profile monument signs shall be permitted, subject to the following criteria:
(A) Shall not exceed five feet in height as measured from the average ground elevation at the base of the sign, provided there is no sight obstruction.
(B) Sign area shall not exceed eighteen square feet.
(C) Two signs per entrance to the parcel are permitted, with a maximum of four signs total.
(vii) Informational Signs. As defined in HMC 10.09.100(3) are permitted for the uses identified in Tables 10.05.130(1) and (2).
(viii) Internal Circulation Signs. As defined in HMC 10.09.100(4) are permitted for the uses identified in Table 10.05.130(1).
(ix) Off-Premises Directional Signs. Off-premises directional signs, as defined in HMC 10.09.160(2), are permitted for certain uses. It is the intent of this subsection to allow the limited placement of off-premises directional signs by colocating them on an existing conforming monument sign. The business colocating on an existing sign must conform to the following restrictions:
(A) The business must prove an off-premises directional sign is necessary to provide directions to access the site;
(B) The business and proposed sign must be located in a commercially zoned area;
(C) Text shall be limited to the business name, logo, and a directional arrow, or may contain certain advancing language, such as “next right”;
(D) The sign must be located on the nearest collector street or arterial. If a business has a double frontage, city staff will review that unique situation to determine whether two directional signs are warranted;
(E) The business must present proof of a written agreement between the property owner where the directional sign will be located and the business owner prior to issuance of a permit;
(F) Sign area is limited to six square feet; this shall not be construed to allow the on-premises sign to increase its sign area; and
(G) If the business using an off-premises directional sign leaves its location, the business must remove the off-premises sign within sixty days.
(x) Public service signs in the form of changing message center signs may be permitted. However, the changing message center signs shall not be used for commercial purposes, such as to advertise a product, service, or use. Messages will be strictly limited to public information regarding activities, events, time, date, temperature, atmospheric condition and news of interest to the general public. Said signs shall be limited to the type, size, shape, and location specified for the zoning district in which said signs are located.
(c) Noncommercial Speech Signs. Noncommercial speech signs express noncommercial speech such as advertisement of community events, demonstrations, rallies, religious, political, social, or other philosophical messages. Noncommercial speech signs do not promote commercial products or services. The content of such signs is not regulated, but the signs are subject to the following requirements:
(i) Noncommercial speech signs are limited to a maximum size of thirty-two square feet.
(ii) Noncommercial speech signs shall not be posted or attached to curbstones, lampposts, street signs, hydrants, bridges, trees located in planting strips or parks, telephone poles, power poles or other public utility facilities or other things situated upon any public street or highway or any publicly owned property within the city; provided further, that noncommercial speech signs may be placed in planting strips but must have the permission for such placement of the abutting property owner. No noncommercial speech sign shall be placed upon any private property without the permission of the resident or owner thereof, and in cases where there is no occupied structure on the property, no political sign shall be placed thereon without the written permission of the owner of the property.
(iii) Temporary noncommercial speech signs which advertise or promote a date-specific event, such as an election, demonstration, rally, or community event, must be removed within ten days after the event.
(iv) All noncommercial speech signs shall comply with the general installation requirements provided in subsection (2) of this section.
(10) District Regulations. This section shall apply to all zones designated in the zoning ordinance.
(a) Residential Districts.
(i) Nonresidential Uses within Residential Districts. Each use is permitted one monument sign as described in Tables 10.05.130(1) and (2).
(ii) Home Occupations. Home occupation signs relate to home occupations as defined in HMC 10.05.060.
(iii) Single-Family Subdivisions and Mobile or Manufactured Home Parks or Subdivisions. Two signs may be permitted per entrance from an access street, provided said signs do not exceed eighteen square feet in sign area each and five feet in height. Such signs can be low-profile monument or fence mounted, and can be placed anywhere on the property along access streets, not necessarily at entrances.
(iv) Multifamily Complex. Each multifamily complex is permitted two signs per entrance from an access street, provided said signs do not exceed eighteen square feet in sign area each and five feet in height. Rental information such as contact name and phone number can be included as a subservient portion of this sign. Such signs can be low-profile monument or fence mounted, and can be placed anywhere on the property along access streets, not necessarily at entrances.
(b) Commercial, Industrial and Open Space/Institutional Districts.
(i) Each single-occupancy building not in a multiple-building complex is permitted signs as described in Tables 10.05.130(1) and (2).
(ii) Each multiple-occupancy building is permitted signs as described in Tables 10.05.130(1) and (2).
(iii) Each multiple-building complex is permitted signs as described in Tables 10.05.130(1) and (2).
(iv) A shopping center or other large commercial complex constituting a commercial subdivision or subject to a binding site plan and being more than thirty acres in size and more than three hundred fifty thousand square feet in gross floor area of buildings is permitted one shopping center or commercial complex sign not exceeding thirty feet in height and three hundred square feet in sign area. If the site has a freeway-oriented sign that can be seen and provides reasonable identification from all arterial frontages adjacent to the site, that sign shall count as the shopping center or commercial complex sign and no such additional signs shall be permitted; provided, however, if the site plan review committee determines that the freeway-oriented sign does not provide reasonable identification from other arterial streets, both a shopping center or commercial complex sign and a freeway-oriented sign may be permitted. Signs under this provision will have a monument style, provided the site plan review committee shall have the authority to approve a modified sign design if due to height or other design considerations such a monument sign would be impractical or inappropriate. All such signs must be located at least twenty feet from all property lines and rights-of-way.
(v) Businesses which conform to the standards in this chapter may have an off-premises directional sign.
(c) Commercial Subdivision, Planned Industrial Development, Planned Community and Business Park. Each commercial subdivision, planned industrial development, planned community and business park is permitted monument signs as described in Tables 10.05.130(1) and (2). Each use within a planned community or business park, and each use within a commercial subdivision which cannot be described as a multiple-building complex, is permitted inclusion on an informational sign. One informational sign per entrance may be located along any internal street, generally at intersections with other internal streets. Such signs may be low-profile monument signs subject to Table 10.05.130(1), or a maximum five-foot-high freestanding sign subject to design review.
Each separate parcel within a business park zone is permitted monument signs as described in Table 10.05.130(1).
(11) Variances. Variances from provisions of this chapter may be granted by the city of Hoquiam in accordance with HMC 10.07.120.
(12) Legal Nonconforming Signs.
(a) Continuance. Legal nonconforming signs may remain in use under the following conditions:
(i) No such sign shall be changed in any manner that increases the noncompliance of such sign with the provisions of the ordinance codified in this section established for signs in the district in which the sign is located.
(ii) The burden of establishing a sign to be legally nonconforming under this section rests upon the person or persons, firm or corporation claiming legal status for a sign.
(iii) “Structural alteration” means any action that changes the height, size, or shape of the sign or any action that affects the base or support(s) of the sign. When a sign is structurally altered, it ceases to be a legal nonconforming sign and must conform to the provisions of this chapter.
(iv) When a business or activity containing a legal nonconforming sign is enlarged or remodeled to a value of fifty percent or more of existing value of real property improvements, then such sign must be brought into conformity with this chapter.
(v) When a business or activity containing a legal nonconforming sign changes the type of the business, then such sign must be brought into conformance with this chapter.
(vi) Violations. Any violation of this chapter shall terminate immediately the right to maintain a nonconforming sign.
(13) Illegal Signs.
(a) Termination of Illegal Signs. The right to maintain any sign shall terminate and shall cease to exist whenever the sign is:
(i) Abandoned. No person shall maintain or permit to be maintained on any premises owned or controlled by him any sign which has been abandoned;
(ii) Damaged or destroyed beyond fifty percent. The determination whether a sign is damaged or destroyed beyond fifty percent shall rest with the code administrator and shall be based upon the actual cost of replacing said sign; and/or
(iii) Structurally substandard under any applicable ordinance of the city to the extent that the sign becomes a hazard or a danger.
(iv) Signs Affixed to Defunct or Closed Businesses. All signs affixed to a building or on the premises of a business which is defunct, or which has been closed for more than sixty days, including frames, posts, poles and other hardware, shall be removed by the owner of the premises, unless the owner of the premises notifies the city building department, in writing, of the intention to reopen the business or to use the signs, frames, posts, poles and other hardware for a different business within six months. If not removed, the city shall cause the removal of the signs and place a lien upon the property for the cost of removal.
(b) Removal of Unlawful Signs.
(i) Any unlawful permanent-type sign which has not been removed within thirty days after conviction of violation or imposition of civil penalty may be removed by the city and the costs charged to the violator. If removal costs have not been paid and the sign reclaimed within thirty days of its removal by the city, the city may sell or otherwise dispose of the sign and apply the proceeds toward costs of removal. Any proceeds in excess of costs of removal shall be paid to the owner of the sign.
(ii) Signs which the administrator finds upon public streets, sidewalks, right-of-way or other public property or which wherever located present an immediate and serious danger to the public because of their unsafe condition may be immediately removed by the administrator without prior notice.
(iii) Any unlawful temporary or portable-type sign located on private property which has not been removed after twenty-four hours from notification may be removed by the city. The sign may be reclaimed by the owner after a civil penalty of one hundred dollars has been paid. If the sign has not been reclaimed within thirty days of its removal by the city, the city may sell or otherwise dispose of the sign and apply the proceeds toward costs of the removal. Any proceeds in excess of costs of the removal shall be paid to the owner of the sign.
(iv) Neither the city nor any of its agents shall be liable for any damage to the sign when removed under this section.
(c) Violation – Penalty.
(i) A first violation of the provisions of this section or failure to comply with any of its requirements shall constitute a civil infraction, punishable by a fine of no more than two hundred fifty dollars. A second or subsequent violation of the provisions of this section or failure to comply with any of its requirements shall constitute a misdemeanor. Each day such violation continues shall be considered a separate offense.
(ii) The erector, owner or user of an unlawful sign or the owner of the property on which an unlawful sign is located and who maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
(14) Administrator.
(a) Appointment – Powers and Duties Generally. The administrator of this section shall be appointed and removed by the city administrator. The administrator is authorized and directed to enforce and carry out all provisions of this section, both in letter and spirit, with vigilance and with all due speed. To that end, the administrator is authorized to formulate procedures consistent with the purposes of this section. The administrator is further empowered to delegate the duties and powers granted to and imposed upon him under this section. As used in this section, “administrator of this section” or “administrator” shall include his authorized representative.
(b) Inspection Authority. The administrator is empowered to enter or inspect any building, structure or premises in the city upon which, or in connection with which, a sign, as defined by this section, is located, for the purpose of inspection of the sign, its structural and electrical connections and to ensure compliance with the provisions of this section. Such inspections shall be carried out during business hours, unless an emergency exists.
(15) Conflict and Severability. If any provision of this section is found to be in conflict with any other provision of any zoning, building, fire, safety or health ordinance or code of the city, the provision which establishes the higher standard shall prevail.
(16) Visual Quality. The administrator is empowered to prepare graphic materials such as photographs and drawings of sign types and styles acceptable to the city, and to disallow proposed signs that do not comply with the general types and styles represented by these graphic materials. Appeals of such administrator decisions shall be to the land use hearing examiner in accordance with the city of Hoquiam development guidelines and public works standards.
Table 10.05.130(1): Permitted Sign Categories by Land Use Zone
Zones and Land Use Type | Monument | Wall | Low Profile Monument | Awning | Info | Internal Circulation |
|---|---|---|---|---|---|---|
Residential | ||||||
1. Single-Family Subdivision | P | P | ||||
2. Multifamily Complex | P | P | ||||
3. Home Occupations | P* | |||||
4. Nonresidential Use (e.g., church) | P | P | ||||
5. Mobile Home Subdivisions and Parks | P | P | ||||
Commercial, Retail, Industrial Uses | ||||||
1. Single-Occupancy Building | P | P | P** | P | P | |
2. Multiple-Occupancy Building | P | P | P** | P | P | |
3. Multiple-Building Complex | P | P** | P | |||
4. Uses within Multiple-Building Complex | P | P | ||||
Regional Shopping Center | P** | |||||
Commercial Subdivisions, Business Parks and PUD – Industrial | P | P | ||||
Uses within Commercial Subdivisions, Business Parks and PUD – Industrial | P | P | P | P | ||
*Nonresidential uses in residential zones are permitted one monument sign – Maximum thirty-two SF; max. five feet high.
**Either a monument sign or a low profile monument sign – not both.
Table 10.05.130(2): Permitted Sign Sizes – Monument Signs
Total ROW Frontage of Parcel | Allowable Sign Area Sq. Ft. | Allowable Sign Structure Size Sq. Ft. | Maximum Height Feet | Number Permitted |
|---|---|---|---|---|
< 200 feet | 24 | 40 | 5 | 1 |
200 – 399 feet | 36 | 54 | 6 | 1 |
400 – 599 feet | 50 | 70 | 8 | 1 |
600 – 799 feet | 60 | 80 | 8 | 2 max |
800 – 999 feet | 66 | 88 | 10 | 2 max |
1,000 feet and > | 72 | 96 | 10 | 2 max |
Monument Sign Notes:
1. Monument sign width shall not exceed 15 feet.
2. If a corner parcel with two arterial streets as frontage and there are entrances on both streets:
a. A two- or three-faced sign may be placed on the corner of the property; or
b. Regular monument signs are permitted at each entrance.
3. Setback = greater of five feet from property lines or minimum sight distance requirements.
4. Single- or multiple-occupancy buildings whose premises extend through a block to face on two parallel streets with customer entrances on each street are permitted; provided, that each sign is located on different street frontages and are separated by more than 100 feet measured in a straight line between signs.
Table 10.05.130(3): Permitted Sign Sizes – Wall Signs
The surface area of any building-mounted sign or canopy-mounted sign shall not exceed the areas below.
Architectural Building Elevation Wall Area | Maximum Sign Surface Area (for that wall area) |
|---|---|
Below 100 square feet | 26 sq. ft. |
100 – 199 square feet | 26 sq. ft. + 11% of facade area over 100 sq. ft. |
200 – 499 square feet | 38 sq. ft. + 12% of facade area over 200 sq. ft. |
500 – 999 square feet | 75 sq. ft. + 11% of facade area over 500 sq. ft. |
1,000 – 1,499 square feet | 131 sq. ft. + 7.5% of facade area over 1,000 sq. ft. |
1,500 – 2,999 square feet | 169 sq. ft. + 3% of facade area over 1,500 sq. ft. |
Over 3,000 square feet | 214 sq. ft. + 3% of facade area to a maximum of 400 sq. ft. |
(Ord. 18-03 § 1, 2018; Ord. 12-10 §§ 1 – 3, 2012; Ord. 10-29 § 1, 2010; Ord. 10-27 § 4, 2010; Ord. 10-25 § 32, 2010; Ord. 04-07 § 20, 2004; Ord. 00-09 § 4, 2000. Formerly 10.05.050).
Development Standards
The mixed use designation is intended to accommodate a compatible mix of residential, commercial, light industrial, public, and institutional land uses. Mixed use development requires that a master plan be developed by the city or by the property owner working with the city to establish appropriate densities, infrastructure requirements and all other required zoning and development standards specific to the mixed use.
Waterfront mixed use is intended for waterfront areas where new development is being proposed. The new development will respect the history of the city of Hoquiam’s waterfront while implementing the community’s vision for the city. These areas will become the showplace for the community where the city will retain its historic character but blend in new development and refurbish important historic structures and landmarks. Waterfront mixed use may include compatible personal, professional, and corporate offices, retail and other services, light and water-oriented industrial uses, institutional and public/educational facilities, parks and other public gathering places and areas for public use and enjoyment of the waterfront, entertainment and other cultural uses, and residential uses.
Accessory dwelling units located within or attached to a single-family residence or detached accessory dwelling units consistent with single-family neighborhood character that fall within these regulations and provisions shall be a permitted use. Only one accessory dwelling unit may be permitted per single-family residence. If existing parking is displaced by creation of an accessory dwelling unit new parking must be located on site. Only one entrance to the entire structure shall be visible from the front street. Accessory units must have similar roof pitch, windows and siding as the existing single-family residence and meet all the standards set forth in the code. A building permit shall be obtained from the building services division for any new construction in conjunction with an accessory dwelling unit.
A single-family home and accessory dwelling unit may share a common side sewer line to the sewer main.
A single-family home and accessory dwelling unit shall have a minimum of one water meter. (Ord. 10-25 § 24, 2010).
Adult entertainment businesses in the C-2 district shall comply with the following provisions:
(1) Such businesses shall not locate within two thousand feet of the property lines of churches, schools, family day care providers, day care centers, public facilities, or other adult entertainment businesses.
(2) Such businesses shall not have a display visible from the property line of any performance, photograph, video, drawing, sketch, or other pictorial or graphic representation of the breasts below the top of the areola, any portion of pubic hair, buttocks, genitals, and/or anus.
(3) Such businesses shall provide sufficient lighting in and about the parts of the premises that are open to and used by the public so that objects are plainly visible at all times. (Ord. 04-07 § 7, 2004).
Bed and breakfast inns in the R-1 and R-2 districts shall meet the following provisions:
(1) The owner/renter/manager of the inn shall live on the premises;
(2) No more than five bedrooms are rented to transient guests; and
(3) Meals served are limited to guests renting rooms.
(4) The bed and breakfast facility may be rented for the purpose of meetings, receptions and special events. The owner/renter/manager of the facility shall provide a parking plan for approval by the building official prior to the event. When used for such purposes meals may be served to the participants. (Ord. 10-25 § 25, 2010; Ord. 04-07 § 8, 2004).
(1) A clear vision triangle shall be maintained for vision safety purposes at the intersections of any two streets, a private driveway and a street, an alley and a street, and a public trail and a street.
(2) The clear vision triangle at:
(a) The intersection of two streets shall be determined by measuring fifteen feet along each street at the respective points of intersection. The third side of each triangle shall be a line connecting the ends of the first two sides of each triangle.
(b) The intersection of a street and a private driveway, alley, or public trail shall be determined by measuring ten feet along the street and ten feet along the edge of the driveway, alley, or public trail at the respective points of intersection. The third side of each triangle shall be a line connecting the ends of the first two sides of each triangle.
(3) Sight-obscuring fences, walls, and vegetation shall not exceed three feet high in the clear vision triangle. Tree trunks, posts, or columns shall not be larger than eighteen inches in width when measured three feet or more above the established street grade. Tree branches shall be removed up to eight feet above the established grade of either street. (Ord. 04-07 § 9, 2004).
(1) Fence Restrictions.
(a) Fences and hedges in the R-1, R-2, and C-1 districts shall meet the following height restrictions:
(i) Front yard: forty-eight inches; provided, however, fence or hedge may be seventy-two inches if in line with the front of a building and not closer than ten feet to a public street. Building permits are required for all fences exceeding six feet in height in the residential zone.
(ii) Side or rear yards not abutting a public street: seventy-two inches.
(iii) Side or rear yards abutting a public street: seventy-two inches.
(iv) Vision clearance triangle: thirty-six inches.
(b) Fences and hedges in the I district have no height restrictions.
(c) Barbed or razor wire shall be prohibited except in the I district or as security fencing serving a public facility in any district.
(d) Electrified fences shall be prohibited.
(2) Required Fencing. New structures in commercial or industrial districts on property sharing a common property line with a residential district shall erect and maintain a view-obscuring fence, wall, or hedge along the common boundary no less than six feet in height. (Ord. 10-25 § 26, 2010; Ord. 04-07 § 10, 2004; Ord. 00-09 § 4, 2000).
Garages and carports shall be no closer than twenty feet from the property line adjacent to a street providing access. (Ord. 04-07 § 11, 2004).
(1) A garage sale which does not comply with the following conditions shall be considered a retail business and must be brought into compliance with all requirements for business uses, including compliance with this code.
(2) Incidental garage sales consisting of no more than two such sales per calendar quarter, and no more than three within the same calendar year and with no such sale continuing more than three days.
(3) Goods are not to be displayed in the public right-of-way.
(4) No sign advertising such sales shall be attached to any public structures, signs, or traffic control devices or utility poles. Signs may only be placed on property owned by the person conducting the sale or on property where an owner gives consent to post such sign. All such signs shall be removed within twenty-four hours after the sale is completed. (Ord. 04-07 § 12, 2004).
Home occupations established after the adoption of the ordinance codified in this section shall meet the following requirements:
(1) The occupation is incidental and accessory to the principal residential use of the residential structure or dwelling unit;
(2) The area devoted to the home occupation occupies no more than twenty-five percent nor more than five hundred square feet of gross floor area of the residential structure or dwelling unit including all other buildings serving the home occupation;
(3) The occupation does not create traffic to and from the residential dwelling unit that is disruptive to the residential area where it is located;
(4) There is one off-street parking space in addition to the required parking for the residential dwelling unit;
(5) No nonresident person works within the dwelling unit;
(6) One sign advertising the business may be affixed to the dwelling unit with a surface area no greater than nine hundred square inches;
(7) There is no display of merchandise outside of the dwelling unit;
(8) No more than twenty-five percent of a residential property shall be used for small-scale agriculture and shall comply with the provisions of Chapter 3.40 HMC; and
(9) A permitted home occupation must be licensed as provided by Chapter 4.05 HMC. (Ord. 20-06 § 19, 2020; Ord. 10-25 § 27, 2010; Ord. 04-07 § 13, 2004).
(1) Definitions.
(a) “Host agency” means the religious organization which owns the property that is the subject of an application for a temporary homeless encampment permit for providing basic services and support to temporary emergency homeless encampment residents, such as hot meals and coordination of other needed donations and service.
(b) “Homeless encampment” means a temporary emergency homeless encampment, hosted by a religious organization which provides temporary housing to homeless persons.
(2) Who May Apply. Temporary homeless encampments shall be permitted only as an accommodation of religious exercise by a host agency, as provided by RCW 36.01.290. Each host agency shall apply for a permit under this section and shall certify compliance with all applicable requirements for approval and conditions of this section and application for a permit.
(3) Applicable Procedures.
(a) A temporary encampment permit is an administrative decision. In addition to the requirements for administrative decisions found elsewhere in the Hoquiam Municipal Code, the following procedures shall apply:
(i) Advance Notice Required. The host agency shall notify the city of the proposed homeless encampment a minimum of thirty days in advance of the proposed date of establishment of the homeless encampment. The advance notification shall be in the form of an application for a temporary homeless encampment permit and shall contain the following information:
(A) The date the homeless encampment will commence;
(B) The length of the encampment, which shall be no longer than one hundred twenty days;
(C) The maximum number of residents proposed;
(D) The host location, which must be owned by the host agency;
(E) The name of the host agency; and
(F) Other information required by the city building official and other city officials.
(ii) Informational Meeting Required. The host agency shall conduct at least one informational meeting within, or as close to as possible, the location where the proposed homeless encampment will be located, a minimum of one week prior to the issuance of the temporary homeless encampment permit. The time and location of the meeting shall be agreed upon between the city and the host agency. All property owners and occupants within three hundred feet of the location of the proposed homeless encampment shall be notified by mail or personal service ten days in advance of the meeting by the host agency. In lieu of service by mail or personal service, an alternative means of notice may be provided that is reasonably calculated to notify the neighboring property owners within three hundred feet of the proposed homeless encampment.
(iii) Signs Required. The applicant shall also provide notice of the application within the same time frame identified above by posting two signs on the site or in a location immediately adjacent to the site that provides visibility of the signs to motorists using adjacent streets. The city administrator or his/her designee shall provide the sign-age after establishing standards for size, color, layout, design, placement and timing of installation and removal of the signs.
(4) Homeless Encampment – Criteria/Requirements for Approval of Permit. The city administrator or his/her designee may issue a temporary revocable homeless encampment permit subject to the following criteria and requirements:
(a) Site Criteria.
(i) The property must be sufficient in size to accommodate the tents and necessary site facilities, including but not limited to the following:
(A) Sanitary portable toilets in the number required to meet capacity guidelines, unless bathrooms are provided by the host agency;
(B) Hand washing stations or hand sanitizer dispensers located by the toilets and by the food areas;
(C) Refuse receptacles; and
(D) Community tent.
(ii) The host agency shall provide an adequate water source to the homeless encampment, as approved by the city.
(iii) No homeless encampment shall be located within a critical area as defined under Chapter 11.06 HMC.
(iv) No permanent structures will be constructed for the homeless encampment.
(v) No more than forty residents shall be allowed at any one homeless encampment. The city may further limit the number of residents as site conditions dictate.
(vi) Adequate on-site parking shall be provided for the homeless encampment. No off-site parking will be allowed. The number of vehicles used by the homeless encampment residents shall be provided in the permit application. If the homeless encampment is located on a site that has another preexisting use, it shall be shown that the homeless encampment parking will not create a shortage of on-site parking for the other use(s) on the property.
(vii) The homeless encampment shall be adequately buffered and screened from adjacent rights-of-way and residential properties. Screening shall be a minimum of six feet and may include, but is not limited to, fencing, or the placement of the homeless encampment behind buildings. The type of screening shall be approved by the city.
(viii) All sanitary portable toilets shall be screened from adjacent rights-of-way and properties. The type of screening shall be approved by the city, and may include, but is not limited to, a combination of fencing and/or landscaping.
(b) Security.
(i) An operations and security plan for the homeless encampment shall be submitted to the city at the time of application.
(ii) The host agency shall provide to all residents of the homeless encampment a written code of conduct for living at the homeless encampment. A copy of the code of conduct shall be submitted to the city at the time of application and shall be in substantially the following form or address the following issues:
(A) Possession or use of illegal drugs is not permitted;
(B) No alcohol is permitted;
(C) No weapons are permitted;
(D) All knives with a blade over three and one-half inches must be turned in to the host agency’s on-site encampment manager for safekeeping;
(E) No violence is permitted;
(F) No open flames are permitted without preapproval from the city administrator or his/her designee;
(G) No trespassing onto private property in the surrounding neighborhood is permitted;
(H) No loitering in the surrounding neighborhood is permitted;
(I) No littering on the temporary encampment site or in the surrounding neighborhood is permitted;
(J) The host agency may impose and enforce additional code of conduct conditions not otherwise inconsistent with this section.
(iii) All homeless encampment residents must sign an agreement to abide by the code of conduct and failure to do so shall result in the noncompliant resident’s immediate expulsion from the property.
(iv) The host agency shall take all reasonable steps to keep a log of all people who stay overnight in the homeless encampment, including names and birth dates, and dates of stay. Logs shall be retained by the host agency for a minimum of thirty days from the date of disbanding of the homeless encampment.
(v) The host agency shall take all reasonable and legal steps to obtain verifiable ID, such as a driver’s license, government-issued identification card, military identification, or passport from prospective and existing homeless encampment residents.
(vi) The host agency will use identification to obtain sex offender and warrant checks from the Washington State Patrol, the Grays Harbor County sheriff’s officer, or the Hoquiam police department.
(A) If said warrant and sex offender checks reveal either (1) an existing or outstanding warrant from the Hoquiam municipal court for the arrest of the individual who is the subject of the check, or (2) the subject of the check is a sex offender, required to register with the county sheriff of their county of residence pursuant to RCW 9A.44.130, then the host agency shall reject the subject of the check for residency to the homeless encampment or eject the subject of the check if that person is already a homeless encampment resident.
(vii) The host agency shall self-manage its residents and prohibit alcohol, illegal drugs, weapons, fighting, and abuse of any kind, littering, or disturbing the neighbors while located on the property of the host agency.
(viii) The host agency will appoint a designated representative to serve “on-duty” as an encampment manager at all times to serve as a point of contact for the police department and will orient the police department as to how the community tent operates. The name of the on-duty designated representative will be posted daily in the community tent. The city shall provide contact numbers of nonemergency personnel which shall be posted at the community tent.
(c) Duration and Number of Encampments.
(i) The duration of a temporary homeless encampment shall not exceed one hundred twenty days.
(ii) No additional temporary homeless encampments may be allowed on the same parcel of property or location in any twelve-month period beginning on the date the homeless encampment locates on a parcel of property or location.
(iii) No more than one temporary homeless encampment may be located in the city at any time.
(d) Health and Safety.
(i) There shall be no open fires for cooking, other than a propane stove in the community tent, without preapproval by the Hoquiam fire department and no open fires for heating or other purposes.
(ii) No heating appliances within the individual tents are allowed without preapproval by the Hoquiam fire department.
(iii) No cooking appliances other than microwave appliances are allowed in individual tents.
(iv) An adequate number, with appropriate rating, of fire extinguishers shall be provided as approved by the Hoquiam fire department.
(v) Adequate access for fire and emergency medical apparatus shall be provided. This shall be determined by the Hoquiam fire department.
(vi) Adequate separation between tents and other structures of at least twelve inches shall be maintained as determined by the Hoquiam fire department.
(vii) Electrical service shall be in accordance with recognized and accepted practice. Electrical cords are not to be strung together and any cords used must be approved for exterior use.
(5) Administrative Decision.
(a) Purpose. The city administrator or his/her designee shall review the application for a temporary homeless encampment permit to ensure compliance with the provisions of this section and all other applicable law, to ensure that the health, safety and welfare of the residents of the city including residents of the camp is preserved, and to provide an expedient and reasonable land use review process for decisions under and interpretations of this section.
(b) City Administrator’s Authority. The city administrator or his/her designee has authority to modify the requirements of the application as deemed appropriate.
(c) Notice of Decision. The city administrator or his/her designee shall notify the host agency of his/her decision to approve, modify, or deny the application for a temporary homeless encampment permit in a timely manner, not to exceed fourteen days after the application is received by the city. This decision is a final decision of the city. Appeals of decisions to approve or deny a temporary homeless encampment permit shall be to the Grays Harbor County superior court.
(6) Termination or Revocation of Temporary Homeless Encampment Permit.
(a) If the host agency fails to take action against a resident who violates the terms and conditions of a temporary homeless encampment permit, it may result in the immediate termination of the permit. If the city learns of uncontrolled violence or acts of violence by residents of the encampment and the host agency has not addressed the situation, in the opinion of the city administrator or his/her designee, the temporary homeless encampment permit may be immediately terminated.
(b) Upon determination that there has been a violation of any approval criteria or requirement of application for a temporary homeless encampment permit, the city administrator or his/her designee may give written notice to the host agency describing the alleged violation(s). Within fourteen days of the mailing of the notice of violation the host agency shall present to the city administrator or his/her designee evidence that the violation(s) has/have been cured, or request a meeting with the city administrator or his/her designee to dispute or explain the alleged violation(s) if the host agency believes that no violation has occurred. If it is ultimately determined that a violation(s) has occurred and has not been cured, the city administrator shall notify the permit holder by certified mail that the permit has been revoked and shall provide a description of the findings upon which the revocation is based. An appeal of a decision to revoke a temporary homeless encampment shall be to the Grays Harbor superior court.
(7) Permit Fee. There shall be no application fee for a homeless encampment permit. (Ord. 16-11 § 1, 2016).
(1) The purpose of this section is to carry out the objectives and policies of the comprehensive plan; to maintain and enhance the urban forest as an important asset to the community as expressed in the comprehensive plan; and to provide landscaping and screening regulations which will promote a well-balanced, healthy, aesthetically pleasing environment for city residents and visitors. Specifically, the regulations contained in this section are intended to accomplish the following:
(a) Maintain and enhance property values;
(b) Enhance air quality by preserving tree quality and planting new trees;
(c) Provide adequate buffers between differing land uses;
(d) Mitigate the effects of noise, light, glare, heat, wind and other adverse impacts;
(e) Improve the character and appearance of the city;
(f) Reduce erosion and stormwater runoff;
(g) Increase opportunities to provide a balanced habitat for wildlife which can be maintained in an urban setting;
(h) Promote public health, safety and comfort through the retention and planting of trees;
(i) Soften the visual impacts of paved surfaces.
(2) The provisions of this chapter shall apply to all new developments within the city of Hoquiam as specified in this section in the Table of Minimum Planting Standards for New Development.
(3) Landscaping Development Standards.
(a) The landscape development standards contained in this chapter shall be administered by the director. The city planner shall be responsible for reviewing and approving planting specifications in the implementation of this chapter. The director, with the concurrence of the city planner, is authorized to make modifications when reviewing site plans based on topographical conditions or other factors unique to the site.
(b) Credit may be given against the requirements of this section in the Table of Minimum Planting Standards for New Development for certain existing trees that are preserved in accordance with this section, preservation and protection of existing trees.
(c) Ornamental trees at least six feet in height may be substituted for no more than thirty percent of the required deciduous trees.
(d) All required plant materials shall be compatible with the USDA Hardiness Zone for Hoquiam and shall not have characteristics detrimental to the public welfare such as susceptibility to disease and wind damage or a tendency to interfere with utilities or public rights-of-way.
(e) No tree shall be planted where the soil is too poor to ensure growth. An adequately sized hole shall be excavated with the unsuitable soil removed and replaced with suitable soil.
(f) Irrigation systems, root barriers and other mechanical devices may be required to assure planting viability.
(g) Existing trees which will be saved and which meet the minimum specification herein specified shall count toward meeting the requirements herein, provided they are an acceptable species as to their location.
(4) Table of Minimum Planting Standards for New Development.
Table 10.05.065: Table of Minimum Planting Standards for New Development
Type of Development(1) | Deciduous Trees Min. 2 In. Caliper DBH (at 4.5 Ft. Above Ground) | Evergreen Trees Min. 3 Ft. Height | Street Trees (1 per Every 50 Ft. of Frontage) Min. 1 In. Caliper |
|---|---|---|---|
Single-Family/Duplex | Not required – on site | Not required – on site | Required |
Multifamily/Cluster Housing (3 units or more) | 24 in. total caliper per gross acre | 24 ft. total height per gross acre | Required |
Retail/Service Commercial (Excluding Downtown Commercial Zone) | 18 in. total caliper per gross acre | 18 ft. total height per gross acre | Required |
Professional Offices, Commercial/Light Industrial | 24 in. total caliper per gross acre | 24 ft. total height per gross acre | Required |
Industrial Development | 18 in. total caliper per gross acre | 18 ft. total height per gross acre | |
(1) Does not apply to new development in the downtown commercial zone and does not include parking lots governed by this section. (“Per gross acre” excludes a parking lot when landscaped under HMC 10.05.100(9).) | |||
(2) Standards as applied to all types of new development – Required as provided in this section. Largest class of tree appropriate to the site shall be planted. Density of planting shall provide 100% canopy coverage of parking strip and adjacent sidewalk at tree maturity. | |||
Example – Deciduous Tree Calculation: Multifamily project in R-2 Zone / Lot size – 21,000 sq. ft. | |||
Lot Size (21,000 sq. ft.) x 24 in. caliper = 12 in. total caliper (equivalent to six trees at 2 in. caliper each, for example) | |||
Acre (43,560 sq. ft.) per gross acre | |||
All materials shall be certified nursery stock. | |||
(5) Landscape Plans/Approval.
(a) A plan of the proposed landscaping and screening shall be provided, which may be incorporated into plans submitted for preliminary plat, site plan or building permit review.
(b) At a minimum, landscaping plans shall identify:
(i) The common name and variety (“Bradford flowering pear,” for example), the quantity and the location of proposed plant material. Both the common name and the scientific name may be required for larger projects as determined by the director.
(ii) The location, species and size of all existing trees six inches or more in diameter (measured at four and one-half feet above ground level) and any such trees proposed to be removed.
(iii) The location, type, size and height of existing or proposed fencing.
(iv) The location of outdoor storage areas and trash receptacles and the type and size of screening.
(v) The location and type of irrigation system.
(vi) In addition to basic site information and tree identification, the city planner may require the applicant to specify the methods used to preserve existing trees including the means of providing water to and protection of the root system during the construction period. A survey of relevant elevations, before and after, may also be required if development will result in a change of elevation within ten feet of the drip line of such trees.
(c) No permits are required for normal maintenance or the replacement of dead or diseased plants.
(6) Performance Surety.
(a) No certificate of occupancy shall be issued until the required landscaping is in place. If, however, landscaping installation is incomplete at the time of formal application for occupancy due to weather-related reasons or other unforeseeable circumstance, the city may authorize a certificate of occupancy subject to submitting a bond or other surety acceptable to the city at a value of one hundred fifty percent of the estimated cost of installation.
(b) Upon completion of the landscape installation, the city shall promptly release the performance surety. If the required landscaping improvements are not made within six months of occupancy of the building, the city will use the surety to install the landscaping.
(7) Maintenance Requirements.
(a) All shrubs, trees and vegetative material used in the screening or landscaping shall be perpetually maintained in a healthy, growing condition. Irrigation systems shall be kept operational. Dead, diseased or dying plant material shall be replaced immediately, and planting areas shall be maintained reasonably free of trash and weeds.
(b) Fences used in screening and landscaping shall be perpetually maintained in an attractive and structurally sound condition.
(c) A maintenance surety in the form of a bond, cash deposit, or other security acceptable to the city covering twenty percent of the cost of the original plant materials in place may be required for one year following installation to insure compliance with this code.
(i) If a maintenance surety is required under this section, the property owner shall provide the city with a nonrevocable notarized agreement granting the city and its agents the right to enter the property and perform any necessary work.
(ii) The maintenance surety may be used by the city to perform any maintenance, and to reimburse the city for documented administrative costs associated with the maintenance activity.
(iii) Upon completion of the one-year maintenance period, the city shall promptly release the maintenance surety or any remaining portion thereof.
(8) Landscaping of Parking Areas. Landscaping of parking areas shall be as provided for in HMC 10.05.100(9), Required Landscaping of Parking Areas.
(9) Screening Requirements.
(a) At a minimum, all developments except single-family residences and duplexes shall provide a sight-obscuring fence (six feet in height minimum) or a dense evergreen hedge designed to constitute a solid planting to a minimum height of six feet in the following situations:
(i) On common property lines which abut residential districts.
(ii) On common property lines which abut districts designated for less intensive uses.
(iii) On property lines in commercial or industrial districts, the director shall evaluate the need for screening between uses, and may require screening on a case-by-case basis.
(iv) Around the perimeter of any parking area abutting residential districts.
(b) Screening requirements for loading areas for commercial and industrial uses shall be determined on a case-by-case basis by the director.
(c) Blank building walls that are forty feet or more in length and not located on a property line shall be buffered by landscaping including trees planted in front of the wall.
(10) Clear Vision Triangle. All screening and landscaping established in association with land development activities shall comply with the height and location requirements for clear vision triangles in HMC 10.05.030, Clear vision triangle.
(11) Street Trees. Street trees shall be provided in all new developments in all zones except the industrial zone and shall conform to Chapter 6.52 HMC. One street tree shall be required for every fifty feet of street frontage abutting the property. Said trees shall be installed adjacent to the right-of-way subject to the approval of the public works department. (Ord. 10-27 § 2, 2010; Ord. 10-25 § 28, 2010).
Manufactured homes may locate on individual lots in the R-1 and R-2 districts if each dwelling meets the following conditions:
(1) Have a minimum gross floor area of at least nine hundred sixty square feet;
(2) Have at least two fully enclosed parallel sections, each not less than twelve feet wide by forty feet long;
(3) Have a nominal roof pitch of not less than four-foot rise for each twelve feet of horizontal run for units with two fully enclosed parallel sections and have a nominal roof pitch of not less than three-foot rise for each twelve feet of horizontal run for units with three or more fully enclosed parallel sections;
(4) Have exterior siding similar in appearance to siding materials commonly used on conventional site-built single-family homes built according to the International Building Code;
(5) Have not been previously sited and used for residential or commercial purposes except as a display model used by a licensed manufactured home seller;
(6) Use nonreflective materials for the roof;
(7) Bear a seal of approval by the Department of Housing and Urban Development;
(8) Be provided with a foundation base in accordance with the building code or manufacturer’s specifications; and
(9) Have properly maintained skirting enclosing the space between the home and the ground that provides adequate ventilation and access, matches the exterior structure or consists of masonry material. (Ord. 04-07 § 14, 2004).
Manufactured home parks in the R-2 district shall meet the following requirements:
(1) They are no less than one acre in area;
(2) Each manufactured home space shall contain a minimum of three thousand square feet per unit;
(3) Only one manufactured home shall be permitted on any space;
(4) Unless an intervening firewall is provided, a manufactured home or accessory structure shall not be located closer than fifteen feet from any other manufactured home or closer than five feet from a roadway;
(5) All manufactured homes shall be installed to comply with all minimum standards in HMC Title 2;
(6) Each space will have a permanent connection to sewer, water, and electrical utilities; and
(7) The park has an approved binding site plan as provided in HMC Title 9. (Ord. 04-16 § 5, 2004).
Marijuana collective gardens as defined in RCW 69.51A.085 are prohibited in any zoning district in the city. (Ord. 14-07 § 3, 2014).
Marijuana processing businesses, marijuana producing businesses and marijuana retailing businesses in the I district shall comply with the following provisions:
(1) All marijuana businesses shall be state-licensed and comply with all of the standards and requirements for state-licensed marijuana businesses and facilities.
(2) No marijuana business shall be allowed as a home occupation.
(3) No more than one marijuana business shall be located on a single parcel.
(4) Marijuana production, processing and retail businesses and facilities shall be located fully within a permanent structure designed to comply with the city building code and constructed under a building permit from the city regardless of the size or configuration of the structure.
(5) No state-licensed marijuana retail business shall be located within one thousand feet, measured as the shortest straight line distance, from property line to property line, of the perimeter of a parcel which has on it a state-licensed marijuana production or processing business, nor shall a state-licensed marijuana production or processing business be located within one thousand feet of the perimeter of a parcel which has on it a state-licensed marijuana retail business.
(6) No production, processing or distribution or delivery of marijuana may be visible from the outside of the structure through windows or otherwise.
(7) All fertilizers, chemicals, gases and hazardous materials shall be handled in compliance with all applicable local, state and federal regulations. No fertilizers, chemicals, gases or hazardous materials shall be allowed to enter a sanitary sewer or stormwater sewer system nor be released into the atmosphere outside of the structure where the business is located. (Ord. 14-07 § 4, 2014).
The mixed use designation is intended to accommodate a compatible mix of residential, commercial, light industrial, public, and institutional land uses. Mixed use development requires that a master plan be developed by the city or by the property owner working with the city to establish appropriate densities, infrastructure requirements and all other required zoning and development standards specific to the mixed use.
Waterfront mixed use is intended for waterfront areas where new development is being proposed. The new development will respect the history of the city of Hoquiam’s waterfront while implementing the community’s vision for the city. These areas will become the showplace for the community where the city will retain its historic character but blend in new development and refurbish important historic structures and landmarks. Waterfront mixed use may include compatible personal, professional, and corporate offices, retail and other services, light and water-oriented industrial uses, institutional and public/educational facilities, parks and other public gathering places and areas for public use and enjoyment of the waterfront, entertainment and other cultural uses, and residential uses. (Ord. 10-25 § 29, 2010).
Multifamily dwellings in the R-2 district shall meet the following requirements:
(1) Provide a minimum of one hundred square feet of recreation space for each dwelling unit in each apartment building or complex of buildings. No more than fifty percent of this area may be indoors or covered. Where the total required recreation area is three thousand square feet or less, the outdoor space shall be a continuous piece of land. No part of the area may be used for driveway, parking, or other automobile use;
(2) Adequate buffers and screening to separate the recreation space from public streets, parking area, and driveway;
(3) All parking areas shall be buffered from surrounding residential uses; and
(4) All lights provided to illuminate parking areas shall be so arranged as to direct light away from adjoining land uses. (Ord. 04-07 § 15, 2004).
(1) Off-Street Loading Area Spaces Required.
(a) Any building intended for use as retail, wholesale, warehouse, freight, hospital, residential care facility, industrial, and manufacturing activities shall provide off-street loading according to the following minimum requirements:
(i) One loading berth for each ten thousand to twenty-five thousand square feet of floor area;
(ii) Two loading berths for each building containing twenty-five thousand or more square feet of floor area.
(b) Any building intended for use as a hotel, eating or drinking establishment, assembly hall, and community club shall provide off-street loading according to the following minimum requirements:
(i) One loading berth for each building containing twenty thousand to fifty thousand square feet of floor area;
(ii) Two loading berths for each building containing fifty thousand or more square feet of floor area.
(2) Loading Area Design Requirements. Off-street loading areas shall meet the following design requirements:
(a) Each loading berth shall be at least ten feet wide and forty-five feet long;
(b) Loading berths shall be located entirely on the property they are intended to serve and designed in such a way that the street does not serve as a maneuvering area;
(c) The design of loading areas shall avoid traffic congestion and interference and assure the highest possible degree of public safety. (Ord. 04-07 § 16, 2004; Ord. 00-09 § 4, 2000. Formerly 10.05.030).
(1) Required Spaces.
(a) All land uses, buildings, or structures established after the enactment of the ordinance codified in this section shall provide off-street parking according to the following table:
Land Uses | Number of Required Spaces |
|---|---|
Accessory dwelling units, boarding houses, and studio apartments | 1 per dwelling unit |
Adult family homes | 2 plus 1 per 4 beds |
Automobile sales and services | 1 per 600 square feet of gross floor area |
Cemeteries, mausoleums, crematoriums, and similar facilities | 1 per 75 square feet of gross floor area used for assembly |
Contractor yards | 1 per 5,000 square feet of gross area |
Day care centers and nursery schools | 1 per employee on the largest shift |
Downtown commercial district | Special conditions apply per HMC 10.03.100 |
Freight terminals | 1 per 2,000 square feet of gross floor area |
High schools | 1 per 50 students, plus 5 per classroom |
Home occupations | 1 |
Manufacturing and assembling activities | 1 per 800 square feet of gross floor area |
Medical and dental clinics | 1 per 400 square feet of gross floor area |
Moorage and marina facilities | 1 per 3 berths |
Motels, hotels, and bed and breakfast inns | 1 per unit |
Places for religious worship | 1 per 40 square feet of gross floor area of principal place of assembly |
Professional, financial, and business offices not providing on-site customer service | 1 per 800 square feet of gross floor area |
Professional, financial, and business offices with on-site customer service | 1 per 400 square feet of gross floor area |
Public utility facilities | None required |
Residential care facilities | 1 per 4 beds |
Restaurants, nightclubs, taverns, and lounges | 1 per 125 square feet of gross floor area |
Retail businesses | 1 per 300 square feet of gross floor area |
Schools, elementary, and middle schools | 10 spaces plus 1 per classroom |
Senior citizen housing | 0.5 per dwelling unit |
Single-family, duplex, manufactured housing, and multifamily dwellings | 2 for each dwelling unit |
Truck and heavy equipment sales and services | 1 per 800 square feet of gross floor area |
Veterinary clinics, kennels, animal hospitals | 1 per 800 square feet of gross floor area |
Warehouses and storage yards | 1 per 2,000 square feet of gross floor area |
Wholesale businesses | 1 per 2,000 square feet of gross floor area |
(b) If subsection (1)(a) of this section does not specifically mention a use, the building official shall determine the requirements for off-street parking by evaluating documentation supplied by the applicant describing proposed activities for the site and projected parking demand.
(c) If the requirements in subsection (1)(a) of this section result in a requirement for a fractional parking space, any fraction less than one-half shall be disregarded and fractions of one-half or greater shall require one parking space.
(d) In the event different uses occupy the same lot or structure, the total off-street parking and loading requirements shall be the sum of the requirements for each individual use.
(2) Location of Required Off-Street Parking. All off-street parking required by subsection (1)(a) of this section shall be on the same parcel for the use it serves. The building official, however, may authorize the location of required parking spaces other than on the site of the use if:
(a) The alternate site does not serve as parking for any single-family, duplex, or multifamily dwelling unit;
(b) The alternate site is within the same district;
(c) The alternate site is within two hundred fifty feet of the use;
(d) There is a safe and convenient route for pedestrians between the parking area and the use; and
(e) There is assurance in the form of a deed, lease, contract, or other similar document that the required spaces will continue to be available for off-street parking use according to the required standards.
(3) Joint Use Parking. The building official may approve the owners of two or more uses, structures, or parcels of land to jointly use the same parking or loading area; provided, that:
(a) The joint parking does not serve as parking for any single-family, duplex, or multifamily dwelling unit;
(b) The hours of operation do not overlap; and
(c) Satisfactory legal evidence exists in the form of a deed, lease, contract, or similar document that secures full access to such parking or loading areas for all parties jointly using them.
(4) Expansion and Change of Use.
(a) Any change in the use of any existing parcel or structure shall comply fully with the appropriate number of parking spaces as provided in subsection (1) of this section.
(b) Any expansion of an existing structure or parcel shall provide for the number of parking spaces required in subsection (1) of this section only for the total area involved in the expansion.
(5) Downtown Commercial District Exclusion. Existing and new uses are exempt from parking requirements, except for hotels and motels, which shall provide the number of spaces required in subsection (1)(a) of this section. If any new parking is constructed the parking facility shall meet the design standards contained in this chapter.
(a) Any expansion of an existing structure shall provide for the number of parking spaces required in subsection (1)(a) of this section only for the total area involved in the expansion; and
(b) No structure with existing public or private off-street parking may reduce the number of spaces it has available.
(6) Off-Street Parking Design Standards. The following design standards shall apply to all parking areas except those serving single-family or duplex residential dwelling units.
(a) All parking areas shall provide for the turning, maneuvering, and parking of all vehicles on the lot. It shall be unlawful to locate or construct any parking area so that use of the space requires a vehicle to back into a public street.
(b) Parking spaces shall meet the following requirements:
(i) At least seventy percent of the required off-street parking spaces shall have a minimum width of nine feet and a minimum length of eighteen feet.
(ii) Up to thirty percent of the required off-street parking spaces may have a minimum width of eight feet and a minimum length of fifteen feet.
(iii) The minimum length of a parallel parking space shall be twenty-three feet.
(iv) Space dimensions shall be exclusive of access drives, aisles, ramps, or columns.
(v) No parking spaces shall be within the clear vision triangle.
(c) Aisle width shall be not less than:
(i) Twenty-five feet for ninety-degree parking;
(ii) Twenty feet for less than ninety-degree parking; and
(iii) Twelve feet for parallel parking.
(iv) The angle of the parking space is measured from the centerline of the parking space and the centerline of the aisle.
(d) All parking spaces shall be clearly striped. Compact spaces shall be clearly marked “COMPACT.”
(e) Parking facilities shall have an all-weather, hard surface such as asphalt, concrete or turfstone that meets the approval of the administrator. Pervious pavement is encouraged. Parks shall be exempt from this requirement provided that the facility is surfaced with no less than three inches of crushed gravel over a six-inch gravel base and is maintained to be dust free.
(f) Off-street parking areas sharing a common boundary with a residential property shall erect a sight-obscuring barrier no less than five feet in height to stop the glare of automobile or truck headlights.
(g) The lighting for off-street parking areas shall be no greater than twenty feet in height and directed, hooded or shielded so that the lamp is not visible from adjacent residential properties or public streets.
(7) On-Site Vehicle Stacking for Drive-Through Use.
(a) All uses providing drive-through services as defined by this chapter shall provide a stacking lane on the same site for inbound vehicles. Stacking lane requirements shall be determined through the review process.
Stacking Lane Guidelines for Uses with Drive-Through Windows
Use | Number of Stacking Lane Spaces |
|---|---|
Drive-in banks | 5 spaces per service terminal |
Automated teller | 50'/service terminal machine |
Drive-in cleaners, repair services | 50' |
Drive-in restaurants | 6 spaces per lane |
Drive-up stands (espresso, etc.) | 3 spaces per lane |
Mechanical car washes | 3 spaces per washing unit |
Vehicle fuel sales | 3 spaces per pump |
Minimum length of one stacking space = 18 feet
(8) Bicycle Parking Standards. Bicycle parking standards shall only apply to new development and shall consist of:
(a) A stationary rack that supports the bicycle with at least one point to which the user can lock the bicycle and both wheels and frame with a high security U-shaped lock or cable lock.
(b) Spaces should be two feet by six feet with no less than a five-foot space for maneuvering behind the bike.
(c) Bicycle spaces should be separated from motor vehicle parking areas by a barrier, post or bollard, or by at least five feet of open space behind the maneuvering area.
Land Uses | Number of Required Bicycle Parking Spaces |
|---|---|
Daycare | 1 per 10,000 square foot of building area |
Manufacturing and assembling activities | 1 per 800 square feet of gross floor area |
Medical and dental clinics | 2 per 70,000 square feet of gross floor area |
Moorage and marina facilities | 1 per 5 berths |
Motels, hotels, and bed and breakfast inns | 2 per 20 rentable rooms |
Places for religious worship | 1 per 4,000 square feet of gross floor area of principal place of assembly |
Professional, financial, and business offices not providing on-site customer service | 1 per 800 square feet of gross floor area |
Professional, financial, and business offices with on-site customer service | 1 per 400 square feet of gross floor area |
Restaurants, nightclubs, taverns, and lounges | 1 per 1,000 square feet of gross floor area |
Retail businesses | 1 per 1,000 square feet of gross floor area |
(9) Required Landscaping of Parking Areas.
(a) The standard for landscaping of parking lots with more than five spaces shall be five percent of the total parking area, in addition to the specific screening requirements of HMC 10.05.065(9), Screening Requirements.
(b) Landscaping shall consist of combinations of trees, shrubs, and groundcover with careful consideration to eventual size and spread, susceptibility to disease and pests, durability, and adaptability to existing soil and climatic conditions.
(c) Every parking area that abuts property in any residential district shall be separated from such property by a solid wall, view-obscuring fence, or compact evergreen hedge at least six feet in height.
(d) No parking stall shall be located more than fifty feet from a landscaped area.
(e) Landscaping of parking lots which border directly on a street shall include a five-foot-wide planting area along the entire street frontage (except for driveways) between the property line and the parking area. This requirement is in addition to the five percent requirement of subsection (9)(a) of this section.
(f) Landscaping shall be proportionately distributed throughout the parking area in a manner which best fulfills the objectives of the chapter.
(g) Wherever possible, landscaping of paved parking areas shall include deciduous trees in order to provide shade for up to at least 20% of the vehicle accommodation area.
(h) Trees retained on the lot as allowed by HMC 10.05.065(9), Screening Requirements, may reduce the number of required spaces.
(i) All site plans shall specifically demonstrate how each of the requirements of this section are met.
(j) A bond shall be filed with the city to secure completion of all landscaping required in this section prior to occupancy, and its survival in a healthy condition or replacement for a minimum period of twelve months from the date of completion.
(k) All landscaping shall be installed prior to occupancy unless seasonally impractical, in which case the director may grant an extension to a specified date when such installation will be practical, subject to the bonding requirements of this section. (Ord. 10-27 § 3, 2010; Ord. 10-25 § 30, 2010; Ord. 04-07 § 17, 2004; Ord. 00-09 § 4, 2000. Formerly 10.05.020).
(1) The purpose of planned unit developments is to provide for the flexible planning and development of land as a single unit that will result in the:
(a) Preservation of conservation areas through the use of cluster developments; and/or
(b) Construction of affordable housing.
(2) Planned unit developments are a permitted use in the R-1 and R-2 districts on any parcel that is two acres or more in area and has full access to a designated arterial or collector as identified in the comprehensive land use plan.
(3) The planned unit development approval process shall occur as part of, and through the same procedures as, a subdivision application as provided in HMC Title 9.
(4) The following uses are permitted uses in a planned unit development:
(a) All permitted and conditional uses for the R-1 and R-2 districts as provided in HMC 10.03.090(3), Table of Permitted and Conditional Uses;
(b) Retail sales, professional services, personal services, and restaurants that cover no more than ten percent of the total land area of the planned unit development; and
(c) Any other use that is consistent with the intent of the R-1 and R-2 districts.
(5) The following modifications to HMC 10.03.100(3), Table of Maximum Density and Minimum Dimensional Standards for Land Use Districts, may apply to all planned unit development that result in the creation of open space:
(a) Reduction in the area and width of lots;
(b) Reduction in the yard requirements, except for:
(i) Those yards abutting the perimeter of the planned unit development; and
(ii) Side yards abutting a street.
(6) A planned unit development may exceed the maximum density requirements for the R-2 district by fifty percent if:
(a) Twenty-five percent or more of the proposed dwelling units are affordable housing as defined in Chapter 10.09 HMC, Definitions; or
(b) The city accepts off-site development rights to a conservation area owned by the applicant, or his or her successors, and located within the city limits or the urban growth area as delineated in the Hoquiam comprehensive land use plan.
(7) Conservation areas in planned unit developments must meet the following performance standards:
(a) Conservation areas shall not include streets, driveways, parking areas, utility improvements, or the required yards for buildings or structures;
(b) Conservation areas may contain structures and improvements as are necessary and appropriate for the out-of-doors enjoyment of the residents of the planned unit development;
(c) Conservation areas must be unique to the project, and may only be credited a single time and to a single project;
(d) Land shown in the final plat as conservation areas shall be permanently maintained by and conveyed by one of the following:
(i) Covenants, deeds, and/or homeowners’ association bylaws, or other documents guaranteeing maintenance, construction, and common fee ownership, if applicable, of conservation areas, community facilities, and all other commonly owned and operated property. The city attorney shall review and approve such documents and conveyances for compliance with the requirements of the UDC before final plat approval. Such documents and conveyances shall be recorded with the county auditor as a condition of any final plat approval.
(ii) A public agency that agrees to maintain the conservation area and any buildings, structures or other improvements which have been placed upon it. (Ord. 04-07 § 18, 2004).
(1) Air Quality Standards. The emission of any air pollutants or odors by any use shall be subject to Chapter 70.94 RCW and Chapters 173-400 through 173-401 and 173-460 WAC.
(2) Noise Level Standards. The intensity of sounds emitted by any use to adjacent properties shall not exceed the levels stated in Chapters 173-60 and 173-62 WAC.
(3) Light and Glare Standards. Any land use creating intensive glare or light shall obscure the view of this glare or light from any point along the property line through the use of fences, walls, or hedges.
(4) Use and Storage of Hazardous Substances. The use and/or storage of hazardous substances, as defined in RCW 70.105.010(14) shall be permitted only in the C-1, C-2, and I districts. All hazardous substances shall be stored and/or transported in approved containers that prevent any leakage to the air, earth, and/or surface or ground water.
(5) City Public Utility Connection. All new development shall connect to the city of Hoquiam public water and sewer systems except as provided under HMC 8.08.030(1). On-site wastewater disposal systems shall be in conformance with Chapter 246-272 WAC.
(6) Storm Water. All new development, except residential structures with four or less dwelling units, shall provide for the control and management of storm water run-off in accordance with the following requirements:
(a) Before the granting of any building permit, the city engineer may require engineering analysis on a site to determine if the filling of the property will cause flooding to adjacent properties.
(b) All new development shall install culverts or other drainage facilities capable of accommodating a one-hundred-year rainfall event.
(c) Any new development with more than five thousand square feet of impervious surfaces shall minimize run-off volume and velocity by retaining storm water on site so that it can be evaporated, absorbed, and/or released at a rate that does not exceed the capacity of downstream drainageways to accommodate the flow.
(d) All storm water facilities shall include oil-water separators approved by the city engineer.
(7) Erosion and Sedimentation Control. All new development shall minimize erosion and sedimentation caused by storm water run-off through the following measures as deemed acceptable by the city engineer:
(a) Only the minimum removal of vegetative cover, particularly trees, necessary for building placement or access shall be permitted.
(b) Temporary measures for controlling erosion and sedimentation during construction, such as berms or holding ponds, especially on slopes ten percent or greater, shall be required until permanent vegetative cover is established.
(c) All exposed areas shall be planted in permanent cover as soon as possible after construction.
(8) Vibration and Concussion. No use on a parcel shall generate vibration or concussion that other parcels can detect without the aid of instruments except during periods of construction. (Ord. 04-07 § 19, 2004; Ord. 00-09 § 4, 2000. Formerly 10.05.010).
(1) Renewable energy in all districts shall meet the requirements set forth by the city of Hoquiam to provide for safety and minimize the impacts on scenic, natural and historic resources within the city and regionally. No renewable energy facility shall be erected, installed, constructed or operated without first obtaining a building permit from the city of Hoquiam. Renewable energy production can take many forms, including but not necessarily limited to solar, wind, wave, or tidal, and can either be for private individual or commercial uses. The city has determined that renewable energy projects are a permitted use in all districts and are exempt from height restrictions triggering the need for a conditional use permit as defined in HMC 10.07.130 so long as said projects meet the conditions and standards as set below.
(2) The proposed facility must meet all applicable local, state and federal requirements and must be submitted with a building permit application, site plan showing parcel boundary, setbacks and technical information regarding size and operation of the facility.
(3) No more than one wind turbine and related support structures and other improvements per parcel for private use, provided the wind turbine height must be less than sixty feet and the wind turbine must be set back from all property lines a distance equal to one foot for every foot in height of the wind turbine.
(4) One wind turbine with a wind turbine height of sixty feet or more or a wind turbine farm and related support structures and other improvements under the following conditions:
(a) The lowest point on all rotor blades must be at least thirty feet above ground level;
(b) No wind turbine’s height exceeds three hundred fifty feet;
(c) All wind turbine tower bases must be set back from all dwellings not located on the same parcel by at least one thousand feet;
(d) All wind turbine tower bases must be set back from all property lines a distance equal to twice the associated wind turbine height;
(e) All wind turbine tower bases must be set back from the closest edge of a state, county, or city road right-of-way a distance equal to twice the wind turbine height;
(f) For all wind turbine(s) proposed to be located within four miles of the nearest point of the nearest runway of the nearest airport available for public use, the applicant for a building permit must comply with all the requirements imposed by the Federal Aviation Administration (FAA) and provide a written statement from the FAA that sets forth the FAA’s comments and requirements, if any, for the proposal;
(g) All wind turbines must comply with Federal Aviation Regulation Part 77, Objects Affecting Navigable Airspace, including but not limited to providing such notices to the FAA as required thereunder and compliance with all requirements or prohibitions imposed by the FAA on the applicant’s proposal; and
(h) If the use of any wind turbine or wind turbine farm is discontinued for a period of one year or more, the owner of such facility shall remove the facility within ninety days of written notification by the planning department. If such facility is not removed within said ninety days, the city may refer the issue to the code enforcement officer for appropriate action. (Ord. 10-25 § 31, 2010).
The intent of this section is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the number, size, design, quality of materials, construction, location, electrification and maintenance of all signs and sign structures; to preserve and improve the appearance of the city as a place in which to live and as an attraction to nonresidents who come to visit or trade; to encourage sound signing practices as an aid to business and for public information but to prevent excessive and confusing signing displays.
(1) Permits and Fees Required. No sign permit shall be issued unless the sign installer has a valid Washington State sign contractor’s license; provided, however, an applicant may obtain a permit to install a sign on his own property without a state license.
(2) Installation Requirements.
(a) Structural Requirements. The structure and erection of signs or flag poles within the city shall be governed by the city’s adopted building code. Compliance with the building code shall be a prerequisite to issuance of a sign permit under this code.
(b) Electrical Requirements. Electrical requirements for signs within the city shall be governed by the National Electrical Code. Compliance with the National Electrical Code shall be required by every sign utilizing electrical energy as a prerequisite to issuance of a sign permit under this code.
(c) Illumination Requirements. Illumination from or upon any sign shall be shaded, shielded, directed or reduced so as to avoid undue brightness, glare or reflection of light on private or public property in the surrounding area, and so as to avoid unreasonably distracting pedestrians or motorists. “Undue brightness” is illumination in excess of that which is reasonably necessary to make the sign reasonably visible to the average person on an adjacent street. Illumination, if used, shall be what is known as white or yellow and shall not be blinking, fluctuating or moving, with the exception that blinking “Open” signs or directional arrow signs may be used during hours when a business is open. Light rays shall shine only upon the sign or upon the property within the premises and shall not spill over the property lines, in any direction, except by indirect reflection.
(d) Maintenance. All signs, including signs heretofore installed, shall be constantly maintained in a state of security, safety, appearance and repair. If any sign is found not to be so maintained or is insecurely fastened or otherwise dangerous, it shall be the duty of the owner and/or occupant of the premises on which the sign is fastened to repair or remove the sign within five days after receiving notice from the sign code administrator. The premises surrounding a freestanding sign shall be free and clear of rubbish and landscaping area maintained in a tidy manner.
(e) Landscaping for Freestanding and Monument Signs. All freestanding and monument signs shall include as part of their design landscaping about their base so as to prevent vehicles from hitting the sign and to improve the overall appearance of the installation.
(f) Inspection. All sign users shall permit the periodic inspection of their signs by the city upon city request.
(g) Location. All monument and temporary freestanding signs (such as construction signs and property “for sale” signs) must be set back a minimum of five feet from any property lines, or outside the sight triangle established by the vision clearance ordinance, whichever is greater.
(3) More Restrictive Provision to Apply. Whenever two provisions of this code overlap or conflict with regard to the size or placement of a sign, the more restrictive provision shall apply.
(4) Permit – Requirements. No sign governed by the provisions of this code of more than four square feet in sign area shall be erected, structurally altered or relocated by any person, firm or corporation after the date of adoption of this code without a permit issued by the city (with the exceptions as noted). No new permit is required for signs which have permits and which conform with the requirements of this code on the date of its adoption unless and until the sign is structurally altered or relocated.
(5) Permit – Applications. Applications for permits shall contain the name and address of the owner and user of the sign, the name and address of the owner of the property on which the sign is to be located, the location of the sign structure, drawings or photographs showing the design and dimensions of the sign and details of its proposed placement and such other pertinent information as the administrator of this code may require to ensure compliance with this code and other applicable ordinances. Permit applications shall be available for inspection by the public upon request. Upon completion of a permit application, the application shall be acted on within two weeks unless there is a requirement for further time under SEPA.
(6) Fee Schedule. Fees for sign permits shall be established by resolution of the city council.
(7) Prohibited Signs. Prohibited signs are subject to removal (except legal nonconforming signs as defined by this chapter) by the city at the owner’s or user’s expense. The following signs or displays are prohibited:
(a) Animated signs, including so-called digital signs or digital billboards;
(b) Portable signs;
(c) Advertising vehicles;
(d) Signs which purport to be, or are an imitation of, or resemble an official traffic sign or signal, or which bear the words “stop,” “caution,” “danger,” “warning,” or similar words;
(e) Signs which, by reason of their size, location, movement, content, coloring or manner of illumination, may be confused with or construed as a traffic control sign, signal or device, or the light of an emergency or radio equipment vehicle, or which obstruct the visibility of traffic or a street sign, signal or device;
(f) Signs which are located upon or projecting over public streets, sidewalks, or rights-of-way except as provided for in subsection (9)(b)(ii) of this section and except for awnings and canopies in HMC 10.04.034(5) and except for municipal signs erected by the city with the approval of WSDOT or the appropriate authority, sandwich board signs in subsection (9)(a)(vi) of this section and off-premises directional signs in subsection (8)(l) of this section;
(g) Signs attached to utility poles;
(h) Off-premises signs, except as provided for in subsection (9)(b)(ix) of this section and by conditional use permit pursuant to this title;
(i) Strings of banners, pennants, and other graffiti-like material;
(j) Freestanding signs;
(k) Billboards.
(8) Exemptions. The following signs do not require a sign permit (unless noted), nor shall the area and number of such signs be included in the area and number of signs permitted for any site or use. This 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 chapter or any other law or ordinance.
(a) The flag, emblem or insignia of a nation or other governmental unit or nonprofit organization subject to the guidelines concerning their use set forth by the government or organization which they represent. Flag poles require a sign permit for structural review.
(b) Memorial signs or tablets, names of buildings, stained glass windows and dates of erection when cut into the surface or the facade of the building or when projecting not more than two inches.
(c) Traffic or other municipal signs, signs required by law or emergency, railroad crossing signs, legal notices, and any temporary or nonadvertising signs as are authorized under policy approved by the city council.
(d) Signs of public utility companies indicating danger or which serve as an aid to public safety or which show the location of underground facilities or of public telephones.
(e) Flush-mounted wall signs used to identify the name and address of the occupant for each dwelling, provided the sign does not exceed two square feet in sign area.
(f) Signs located in the interior of any building or within an enclosed lobby or court of any building or group of buildings, which signs are designed and located to be viewed exclusively by patrons of such use or uses.
(g) Noncommercial speech signs meeting the provisions provided in subsection (9)(c) of this section.
(h) Decorations, or such signs in the nature of a decoration, clearly incidental and customary to and commonly associated with any national, local or religious holiday.
(i) Painting, repainting or cleaning of an advertising structure or the changing of the advertising copy or message thereon shall not be considered an erection or alteration which requires a sign permit unless a structural change is made.
(j) Sculptures, fountains, mosaics and design features which do not incorporate advertising or identification.
(k) “No trespassing,” “no dumping,” “no parking” or “private” signs identifying essential public needs (i.e., restrooms, entrance, exit, telephone, etc.) and other informational warning signs, which shall not exceed three square feet in surface area.
(l) Directional signs erected by the city on arterial streets directing the public to public, civic, or nonprofit facilities. Such signs shall be erected at the discretion of the director of public works and shall be subject to city design guidelines. In addition, with the approval, the director of public works may allow the erection of directional signs as are necessary to designate commercial areas or significant tourist sites within the city.
(m) Signs erected by the city along the Riverside Dike.
(9) Permitted Signs. The following signs are permitted subject to the applicable limitations as noted.
(a) Temporary Signs. The following signs are classified as temporary (nonpermanent). Temporary signs are permitted subject to the applicable limitations.
(i) Construction Signs. A sign permit is required. Such signs may be displayed only after a building permit is obtained and during the period of construction on the construction site. Only one such sign is permitted per construction project for each public street upon which the project fronts. The applicable limits are as follows:
(A) In all zones other than single-family residential zones, no construction sign shall exceed thirty-two square feet in sign area (printed copy on one side only) or ten feet in height, nor be located closer than ten feet from the property line or closer than thirty feet from the property line of the abutting owner.
(B) In single-family residential zones, no construction sign shall exceed thirty-two square feet in sign area (printed copy on one side only) or ten feet in height, nor be located closer than ten feet from the property line of the abutting owner.
(ii) Grand Opening Displays. No sign permit is required. Such temporary signs, posters, banners, strings of lights, clusters of flags, balloons, or other air- or gas-filled figures, and searchlights are permitted for a period of fourteen days only to announce the opening of a completely new enterprise or the opening of an enterprise under new management. All such materials shall be removed immediately upon the expiration of fourteen days. Such displays are permitted only in districts where the enterprise so advertised is allowed under district zoning regulations. Searchlights may be permitted by any business or enterprise provided the beam of light does not flash against any building or does not sweep an arc of forty-five percent from vertical.
(iii) Real Estate Signs. No sign permit is required. All exterior real estate signs must be of wood or plastic or other durable material. The permitted signs, with applicable limits, are as follows:
(A) Residential “For Sale” and “Sold” Signs. Such signs shall be limited to one sign per street frontage not to exceed five square feet in sign area, placed wholly on the property for sale, and not to exceed a height of seven feet.
(B) Residential Directional “Open House” Signs. Such signs shall be limited to one sign per street frontage on the premises for sale and three off-premises signs. However, if a realtor has more than one house open for inspection in a single development or subdivision, he/she is limited to four off-premises “open house” signs in the entire development or subdivision. Such signs are permitted only during daylight hours and when the realtor or seller or an agent is in attendance at the property for sale. No such sign shall exceed five square feet in sign area.
(C) Undeveloped Commercial and Industrial Property “For Sale or Rent” Signs. One sign per street frontage advertising undeveloped commercial and industrial property for sale or rent. The sign shall not exceed thirty-two square feet in sign area and seven feet in height.
(D) Developed Commercial and Industrial Property “For Sale or Rent” Signs. One sign per street frontage advertising a commercial or industrial building for rent or sale is permitted while the building is actually for rent or sale. If one face of the building is less than ten feet from the building line, the sign shall be placed on the building or in a window. The sign shall not exceed seven feet in height and, if freestanding, shall be located more than fifteen feet from any abutting property line or a public right-of-way line. Said sign shall not exceed thirty-two square feet in sign area.
(E) Undeveloped Residential Property “For Sale” Signs. One sign per street frontage advertising undeveloped residential property for sale is permitted not exceeding thirty-two square feet in sign area. Said sign must be placed more than thirty feet from the abutting owner’s property line and may not exceed a height of seven feet.
(F) Subdivisions approved after the effective date of the ordinance codified in this section are permitted one cluster of flagpoles (not to exceed five flagpoles) in front of sales offices to advertise the new development.
(iv) Community Banners or Cloth Signs. Such signs may be permitted and extend across a public street by permission of the city administrator or appointed representative. Such signs may only be placed at city-designated locations and erected by city personnel.
(v) Banners. Such signs may be permitted on private property. Banners may be used to advertise a sale, other special events, or for new businesses waiting for a permanent sign. Notification to the city is required prior to hanging the banner. This notification shall include acknowledgment of the banner requirements, the dates the banner will be used and location of the banner. Businesses are only allowed one banner per wall with a maximum of two banners per business at any one time. All banners must comply with the following:
(A) Maintenance Standards. All banners must be legible, made of durable materials, and must be well maintained.
(B) Time Limitation. Banners are limited to two thirty-day placements per calendar year.
(C) Location on Property. Banners must be located completely on a wall, and tacked down on four corners. Banner size shall be regulated to a maximum of ten percent of the architectural elevation per wall.
(vi) Sandwich Board Signs. Only businesses that are located in the C-1 or C-2 districts shall be allowed to have sandwich board signs and shall be limited to one sandwich board sign. These signs are subject to the following conditions:
(A) Notification and Indemnification. Notification to the city is required prior to displaying a sandwich board sign, which shall designate the proposed location of the sign. In addition, prior to displaying a sandwich board sign, the owner of the business shall sign and file with the city building department a release and hold harmless form, indemnifying the city of any liability for injuries to persons or property caused by the sandwich board sign.
(B) Size. The area of the sign shall not exceed six square feet per side in size and shall not be wider than two feet.
(C) Maintenance Standards. Signs shall be constructed out of materials able to withstand typical Northwest weather. Such materials may be metal, finished wood, chalkboard, whiteboard or plastic; signs and copy shall be of professional quality. Owners of sandwich board signs shall be required to keep their signs in a legible, intact, and well-maintained manner.
(D) Display Time. Signs may only be displayed during business hours. If business hours continue past daylight hours, precautions should be taken to place the sign in a location where it is readily visible after dark. This shall not be construed to allow the wiring of a sign for lighting.
(E) Location. Signs may be located only on the premises of the business or on a sidewalk which is adjacent to the premises of the business. Such signs shall not be placed in a location which is within the vision triangle or any location which will impede vehicular traffic. Further, such signs shall not be placed in a manner which will block or otherwise obstruct the safe use of sidewalks, building entrances or stairs by pedestrians, including pedestrians who are visually impaired or otherwise handicapped.
(vii) Garage Sales (Yard Sales, Moving Sales, Patio Sales). No sign permit is required. Such sign shall be limited to one sign on the premises and three off-premises signs. No such sign shall exceed four square feet in sign area. The sign or signs may be displayed only during the sale and must be removed the day the sale ends. The person or persons for whom the sign or signs are displayed shall be responsible for its removal and subject to the penalties as provided in this code.
(viii) Seasonal Sales. No sign permit is required. Vendors who receive a temporary business license as defined in HMC 4.05.085 for seasonal or temporary sales activities (e.g., Christmas trees or fireworks) are permitted one sign not to exceed twenty square feet in sign area. This sign shall be mounted to the booth or trailer used for temporary sales.
(b) Permanent Signs.
(i) Signage on Awnings and Marquees. Signage will be allowed on awnings and marquees in commercial and industrial zones of the city. Such signage shall be limited to thirty percent coverage of the face of the marquee or the exposed surface of the awning. The signage area shall be calculated on the basis of the smallest rectangle, circle or spherical figure that will enclose the entire copy area of the sign. Any such calculations shall include the areas between letters and lines as well as the areas of any devices which are intended to attract attention.
(ii) Projecting Signs. Projecting signs will be allowed in the commercial zones of the city. No more than one-third of the height of any projecting sign shall exceed the height of the building to which it is attached. The minimum clearance above grade shall not be less than eight feet. A projecting sign may not project over an alley right-of-way. A projecting sign may not project more than two-thirds of the distance from the building to the curb line. No projecting sign shall be closer than two feet from the curb line. No projecting sign shall extend more than ten feet from the face of a building. Businesses will be allowed no more than one projecting sign for their use. For businesses which have building frontage on two different streets, a maximum of one projecting sign may be located on each separate street frontage.
(iii) Freestanding Signs. Freestanding signs are permitted only where it can be demonstrated that monument signs are not effective due to topography, landscaping and/or natural vegetation, building locations/setbacks, adjacent land uses, or other physical restraints not created by acts of the property owner. In such cases, such sign shall not exceed fifteen feet in height, shall not exceed the size standards of Table 10.05.130(2), and shall be subject to design approval by the city. It shall be incumbent upon the owner/operator of such facility to establish the need for such sign based upon the above criteria.
(iv) Wall signs.
(v) Monument Signs. Monument signs shall be permitted subject to Tables 10.05.130(1) and (2).
(vi) Low-Profile Monument Signs. Low-profile monument signs shall be permitted, subject to the following criteria:
(A) Shall not exceed five feet in height as measured from the average ground elevation at the base of the sign, provided there is no sight obstruction.
(B) Sign area shall not exceed eighteen square feet.
(C) Two signs per entrance to the parcel are permitted, with a maximum of four signs total.
(vii) Informational Signs. As defined in HMC 10.09.100(3) are permitted for the uses identified in Tables 10.05.130(1) and (2).
(viii) Internal Circulation Signs. As defined in HMC 10.09.100(4) are permitted for the uses identified in Table 10.05.130(1).
(ix) Off-Premises Directional Signs. Off-premises directional signs, as defined in HMC 10.09.160(2), are permitted for certain uses. It is the intent of this subsection to allow the limited placement of off-premises directional signs by colocating them on an existing conforming monument sign. The business colocating on an existing sign must conform to the following restrictions:
(A) The business must prove an off-premises directional sign is necessary to provide directions to access the site;
(B) The business and proposed sign must be located in a commercially zoned area;
(C) Text shall be limited to the business name, logo, and a directional arrow, or may contain certain advancing language, such as “next right”;
(D) The sign must be located on the nearest collector street or arterial. If a business has a double frontage, city staff will review that unique situation to determine whether two directional signs are warranted;
(E) The business must present proof of a written agreement between the property owner where the directional sign will be located and the business owner prior to issuance of a permit;
(F) Sign area is limited to six square feet; this shall not be construed to allow the on-premises sign to increase its sign area; and
(G) If the business using an off-premises directional sign leaves its location, the business must remove the off-premises sign within sixty days.
(x) Public service signs in the form of changing message center signs may be permitted. However, the changing message center signs shall not be used for commercial purposes, such as to advertise a product, service, or use. Messages will be strictly limited to public information regarding activities, events, time, date, temperature, atmospheric condition and news of interest to the general public. Said signs shall be limited to the type, size, shape, and location specified for the zoning district in which said signs are located.
(c) Noncommercial Speech Signs. Noncommercial speech signs express noncommercial speech such as advertisement of community events, demonstrations, rallies, religious, political, social, or other philosophical messages. Noncommercial speech signs do not promote commercial products or services. The content of such signs is not regulated, but the signs are subject to the following requirements:
(i) Noncommercial speech signs are limited to a maximum size of thirty-two square feet.
(ii) Noncommercial speech signs shall not be posted or attached to curbstones, lampposts, street signs, hydrants, bridges, trees located in planting strips or parks, telephone poles, power poles or other public utility facilities or other things situated upon any public street or highway or any publicly owned property within the city; provided further, that noncommercial speech signs may be placed in planting strips but must have the permission for such placement of the abutting property owner. No noncommercial speech sign shall be placed upon any private property without the permission of the resident or owner thereof, and in cases where there is no occupied structure on the property, no political sign shall be placed thereon without the written permission of the owner of the property.
(iii) Temporary noncommercial speech signs which advertise or promote a date-specific event, such as an election, demonstration, rally, or community event, must be removed within ten days after the event.
(iv) All noncommercial speech signs shall comply with the general installation requirements provided in subsection (2) of this section.
(10) District Regulations. This section shall apply to all zones designated in the zoning ordinance.
(a) Residential Districts.
(i) Nonresidential Uses within Residential Districts. Each use is permitted one monument sign as described in Tables 10.05.130(1) and (2).
(ii) Home Occupations. Home occupation signs relate to home occupations as defined in HMC 10.05.060.
(iii) Single-Family Subdivisions and Mobile or Manufactured Home Parks or Subdivisions. Two signs may be permitted per entrance from an access street, provided said signs do not exceed eighteen square feet in sign area each and five feet in height. Such signs can be low-profile monument or fence mounted, and can be placed anywhere on the property along access streets, not necessarily at entrances.
(iv) Multifamily Complex. Each multifamily complex is permitted two signs per entrance from an access street, provided said signs do not exceed eighteen square feet in sign area each and five feet in height. Rental information such as contact name and phone number can be included as a subservient portion of this sign. Such signs can be low-profile monument or fence mounted, and can be placed anywhere on the property along access streets, not necessarily at entrances.
(b) Commercial, Industrial and Open Space/Institutional Districts.
(i) Each single-occupancy building not in a multiple-building complex is permitted signs as described in Tables 10.05.130(1) and (2).
(ii) Each multiple-occupancy building is permitted signs as described in Tables 10.05.130(1) and (2).
(iii) Each multiple-building complex is permitted signs as described in Tables 10.05.130(1) and (2).
(iv) A shopping center or other large commercial complex constituting a commercial subdivision or subject to a binding site plan and being more than thirty acres in size and more than three hundred fifty thousand square feet in gross floor area of buildings is permitted one shopping center or commercial complex sign not exceeding thirty feet in height and three hundred square feet in sign area. If the site has a freeway-oriented sign that can be seen and provides reasonable identification from all arterial frontages adjacent to the site, that sign shall count as the shopping center or commercial complex sign and no such additional signs shall be permitted; provided, however, if the site plan review committee determines that the freeway-oriented sign does not provide reasonable identification from other arterial streets, both a shopping center or commercial complex sign and a freeway-oriented sign may be permitted. Signs under this provision will have a monument style, provided the site plan review committee shall have the authority to approve a modified sign design if due to height or other design considerations such a monument sign would be impractical or inappropriate. All such signs must be located at least twenty feet from all property lines and rights-of-way.
(v) Businesses which conform to the standards in this chapter may have an off-premises directional sign.
(c) Commercial Subdivision, Planned Industrial Development, Planned Community and Business Park. Each commercial subdivision, planned industrial development, planned community and business park is permitted monument signs as described in Tables 10.05.130(1) and (2). Each use within a planned community or business park, and each use within a commercial subdivision which cannot be described as a multiple-building complex, is permitted inclusion on an informational sign. One informational sign per entrance may be located along any internal street, generally at intersections with other internal streets. Such signs may be low-profile monument signs subject to Table 10.05.130(1), or a maximum five-foot-high freestanding sign subject to design review.
Each separate parcel within a business park zone is permitted monument signs as described in Table 10.05.130(1).
(11) Variances. Variances from provisions of this chapter may be granted by the city of Hoquiam in accordance with HMC 10.07.120.
(12) Legal Nonconforming Signs.
(a) Continuance. Legal nonconforming signs may remain in use under the following conditions:
(i) No such sign shall be changed in any manner that increases the noncompliance of such sign with the provisions of the ordinance codified in this section established for signs in the district in which the sign is located.
(ii) The burden of establishing a sign to be legally nonconforming under this section rests upon the person or persons, firm or corporation claiming legal status for a sign.
(iii) “Structural alteration” means any action that changes the height, size, or shape of the sign or any action that affects the base or support(s) of the sign. When a sign is structurally altered, it ceases to be a legal nonconforming sign and must conform to the provisions of this chapter.
(iv) When a business or activity containing a legal nonconforming sign is enlarged or remodeled to a value of fifty percent or more of existing value of real property improvements, then such sign must be brought into conformity with this chapter.
(v) When a business or activity containing a legal nonconforming sign changes the type of the business, then such sign must be brought into conformance with this chapter.
(vi) Violations. Any violation of this chapter shall terminate immediately the right to maintain a nonconforming sign.
(13) Illegal Signs.
(a) Termination of Illegal Signs. The right to maintain any sign shall terminate and shall cease to exist whenever the sign is:
(i) Abandoned. No person shall maintain or permit to be maintained on any premises owned or controlled by him any sign which has been abandoned;
(ii) Damaged or destroyed beyond fifty percent. The determination whether a sign is damaged or destroyed beyond fifty percent shall rest with the code administrator and shall be based upon the actual cost of replacing said sign; and/or
(iii) Structurally substandard under any applicable ordinance of the city to the extent that the sign becomes a hazard or a danger.
(iv) Signs Affixed to Defunct or Closed Businesses. All signs affixed to a building or on the premises of a business which is defunct, or which has been closed for more than sixty days, including frames, posts, poles and other hardware, shall be removed by the owner of the premises, unless the owner of the premises notifies the city building department, in writing, of the intention to reopen the business or to use the signs, frames, posts, poles and other hardware for a different business within six months. If not removed, the city shall cause the removal of the signs and place a lien upon the property for the cost of removal.
(b) Removal of Unlawful Signs.
(i) Any unlawful permanent-type sign which has not been removed within thirty days after conviction of violation or imposition of civil penalty may be removed by the city and the costs charged to the violator. If removal costs have not been paid and the sign reclaimed within thirty days of its removal by the city, the city may sell or otherwise dispose of the sign and apply the proceeds toward costs of removal. Any proceeds in excess of costs of removal shall be paid to the owner of the sign.
(ii) Signs which the administrator finds upon public streets, sidewalks, right-of-way or other public property or which wherever located present an immediate and serious danger to the public because of their unsafe condition may be immediately removed by the administrator without prior notice.
(iii) Any unlawful temporary or portable-type sign located on private property which has not been removed after twenty-four hours from notification may be removed by the city. The sign may be reclaimed by the owner after a civil penalty of one hundred dollars has been paid. If the sign has not been reclaimed within thirty days of its removal by the city, the city may sell or otherwise dispose of the sign and apply the proceeds toward costs of the removal. Any proceeds in excess of costs of the removal shall be paid to the owner of the sign.
(iv) Neither the city nor any of its agents shall be liable for any damage to the sign when removed under this section.
(c) Violation – Penalty.
(i) A first violation of the provisions of this section or failure to comply with any of its requirements shall constitute a civil infraction, punishable by a fine of no more than two hundred fifty dollars. A second or subsequent violation of the provisions of this section or failure to comply with any of its requirements shall constitute a misdemeanor. Each day such violation continues shall be considered a separate offense.
(ii) The erector, owner or user of an unlawful sign or the owner of the property on which an unlawful sign is located and who maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
(14) Administrator.
(a) Appointment – Powers and Duties Generally. The administrator of this section shall be appointed and removed by the city administrator. The administrator is authorized and directed to enforce and carry out all provisions of this section, both in letter and spirit, with vigilance and with all due speed. To that end, the administrator is authorized to formulate procedures consistent with the purposes of this section. The administrator is further empowered to delegate the duties and powers granted to and imposed upon him under this section. As used in this section, “administrator of this section” or “administrator” shall include his authorized representative.
(b) Inspection Authority. The administrator is empowered to enter or inspect any building, structure or premises in the city upon which, or in connection with which, a sign, as defined by this section, is located, for the purpose of inspection of the sign, its structural and electrical connections and to ensure compliance with the provisions of this section. Such inspections shall be carried out during business hours, unless an emergency exists.
(15) Conflict and Severability. If any provision of this section is found to be in conflict with any other provision of any zoning, building, fire, safety or health ordinance or code of the city, the provision which establishes the higher standard shall prevail.
(16) Visual Quality. The administrator is empowered to prepare graphic materials such as photographs and drawings of sign types and styles acceptable to the city, and to disallow proposed signs that do not comply with the general types and styles represented by these graphic materials. Appeals of such administrator decisions shall be to the land use hearing examiner in accordance with the city of Hoquiam development guidelines and public works standards.
Table 10.05.130(1): Permitted Sign Categories by Land Use Zone
Zones and Land Use Type | Monument | Wall | Low Profile Monument | Awning | Info | Internal Circulation |
|---|---|---|---|---|---|---|
Residential | ||||||
1. Single-Family Subdivision | P | P | ||||
2. Multifamily Complex | P | P | ||||
3. Home Occupations | P* | |||||
4. Nonresidential Use (e.g., church) | P | P | ||||
5. Mobile Home Subdivisions and Parks | P | P | ||||
Commercial, Retail, Industrial Uses | ||||||
1. Single-Occupancy Building | P | P | P** | P | P | |
2. Multiple-Occupancy Building | P | P | P** | P | P | |
3. Multiple-Building Complex | P | P** | P | |||
4. Uses within Multiple-Building Complex | P | P | ||||
Regional Shopping Center | P** | |||||
Commercial Subdivisions, Business Parks and PUD – Industrial | P | P | ||||
Uses within Commercial Subdivisions, Business Parks and PUD – Industrial | P | P | P | P | ||
*Nonresidential uses in residential zones are permitted one monument sign – Maximum thirty-two SF; max. five feet high.
**Either a monument sign or a low profile monument sign – not both.
Table 10.05.130(2): Permitted Sign Sizes – Monument Signs
Total ROW Frontage of Parcel | Allowable Sign Area Sq. Ft. | Allowable Sign Structure Size Sq. Ft. | Maximum Height Feet | Number Permitted |
|---|---|---|---|---|
< 200 feet | 24 | 40 | 5 | 1 |
200 – 399 feet | 36 | 54 | 6 | 1 |
400 – 599 feet | 50 | 70 | 8 | 1 |
600 – 799 feet | 60 | 80 | 8 | 2 max |
800 – 999 feet | 66 | 88 | 10 | 2 max |
1,000 feet and > | 72 | 96 | 10 | 2 max |
Monument Sign Notes:
1. Monument sign width shall not exceed 15 feet.
2. If a corner parcel with two arterial streets as frontage and there are entrances on both streets:
a. A two- or three-faced sign may be placed on the corner of the property; or
b. Regular monument signs are permitted at each entrance.
3. Setback = greater of five feet from property lines or minimum sight distance requirements.
4. Single- or multiple-occupancy buildings whose premises extend through a block to face on two parallel streets with customer entrances on each street are permitted; provided, that each sign is located on different street frontages and are separated by more than 100 feet measured in a straight line between signs.
Table 10.05.130(3): Permitted Sign Sizes – Wall Signs
The surface area of any building-mounted sign or canopy-mounted sign shall not exceed the areas below.
Architectural Building Elevation Wall Area | Maximum Sign Surface Area (for that wall area) |
|---|---|
Below 100 square feet | 26 sq. ft. |
100 – 199 square feet | 26 sq. ft. + 11% of facade area over 100 sq. ft. |
200 – 499 square feet | 38 sq. ft. + 12% of facade area over 200 sq. ft. |
500 – 999 square feet | 75 sq. ft. + 11% of facade area over 500 sq. ft. |
1,000 – 1,499 square feet | 131 sq. ft. + 7.5% of facade area over 1,000 sq. ft. |
1,500 – 2,999 square feet | 169 sq. ft. + 3% of facade area over 1,500 sq. ft. |
Over 3,000 square feet | 214 sq. ft. + 3% of facade area to a maximum of 400 sq. ft. |
(Ord. 18-03 § 1, 2018; Ord. 12-10 §§ 1 – 3, 2012; Ord. 10-29 § 1, 2010; Ord. 10-27 § 4, 2010; Ord. 10-25 § 32, 2010; Ord. 04-07 § 20, 2004; Ord. 00-09 § 4, 2000. Formerly 10.05.050).