Ilwaco, WA Zoning Ordinance

§ 15.02.010 Title.

This document will be known and may be cited as the Ilwaco Unified Development Ordinance, and is referred to in this document as “this title.”

(Ord. 627 (part), 1999; Ord. 849 § 1 (part), 2015)

§ 15.02.020 Authority.

This title is adopted pursuant to the authority contained in Chapter 35A.63 RCW (Planning and Zoning in Code Cities), Chapter 35A.58 RCW (Boundaries and Plats), Chapter 36.70A RCW (Growth Management Act), Chapter 36.70B RCW, Chapter 86.16 RCW (Flood Prevention), Title 58 RCW (Boundaries and Plats), and any other appropriate state regulations.

(Ord. 627 (part), 1999; Ord. 849 § 1 (part), 2015)

§ 15.02.030 Applicability.

The provisions of this title apply to all development in the city, and no development may occur before obtaining a permit or approval pursuant to this title, except as provided in subsection B of this section.

This title does not affect the validity of any effective development permit that was issued before the effective date of this title.

Nothing in this title authorizes development that is inconsistent with and does not further the framework and policy direction provided for in the city’s adopted comprehensive plan pursuant to Chapter 36.70A RCW.

(Ord. 627 (part), 1999; Ord. 849 § 1 (part), 2015)

§ 15.02.040 Purpose and intent.

The purposes of this title are:

To establish regulatory procedures and standards for review and decision-making of all proposed development in the city;

To foster and preserve public health, safety, comfort and welfare, and to aid in the harmonious, orderly, aesthetically pleasing, and socially beneficial development of the city, in accordance with the comprehensive plan;

To adopt a development review process that is efficient, effective and equitable;

To prohibit or condition incompatible land uses;

To ensure that new development(s) install all private and public infrastructure necessary to serve the new development and protect environmentally sensitive areas;

To implement the comprehensive plan of the city;

To regulate the subdivision of land to ensure that:

Adequate utility and public facilities are provided in developing portions of the city,

Land development is coordinated, and

Uniform monumenting of land subdivisions and conveyance by accurate legal description is achieved; and

To provide for a penalty for the violation of this title.

(Ord. 627 (part), 1999; Ord. 678 § 2, 2003; Ord. 849 § 1 (part), 2015)

§ 15.02.050 Minimum requirements.

The requirements in this title are the minimum requirements necessary to accomplish the purposes of this title.

(Ord. 627 (part), 1999; Ord. 849 § 1 (part), 2015)

§ 15.02.060 Interpretation-Language construction.

The following rules of construction apply to the text of this document:

The words “must” and “will” are always mandatory and not discretionary. The words “should” and “may” are permissive and are discretionary;

Words used in the present tense include the future;

Words used in the singular number include the plural, and the plural the singular, unless the context clearly indicates the contrary;

A building or structure includes any part of a building or structure;

The word “person” includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity;

The word “includes” does not limit a term to the specified examples, but is intended to extend its meaning to all other similar instances or circumstances; and

The use of any gender-based pronoun (e.g., “he”) should not be construed to be gender biased, but is only used for grammatical simplicity.

(Ord. 627 (part), 1999; Ord. 849 § 1 (part), 2015; Ord. 889 § 1 (App. B) (part), 2019)

§ 15.02.070 Computation of time.

The time within which an act is to be done is computed by excluding the first and including the last day. If the last day is a Saturday, Sunday or legal holiday, that day will be excluded.

(Ord. 627 (part), 1999; Ord. 849 § 1 (part), 2015)

§ 15.02.080 Zoning map interpretation.

This unified development code consists of the text of this title, together with a zoning map, which is on file at the office of the city clerk. The zoning map shows the boundaries of different use districts within the city and its urban growth area. Boundaries of land use districts should be interpreted as follows:

Boundaries shown as following or approximately following any street will be interpreted as following the centerline of the street.

Boundaries shown as following or approximately following any platted lot line or other property line will be interpreted as following such line.

Boundaries shown as following or approximately following section lines, half-section lines, or quarter-section lines will be interpreted as following such lines.

Boundaries shown as following or approximately following natural features will be interpreted as following such features.

Vacated streets and alleys will assume the zone classification of abutting property. The former centerline of the vacated street or alley will be the new boundary.

When any uncertainty exists as to zone boundaries, the planning commission and/or city council may require an applicant to determine the location of boundaries by survey.

(Ord. 627 (part), 1999; Ord. 849 § 1 (part), 2015)

§ 15.02.090 Right-of-way interpretation.

Land contained in rights-of-way for streets or alleys will be considered unclassified, except when the areas are specifically designated on the zoning map as being classified in one of the zones provided in this title.

Uses within street or alley rights-of-way will be limited to street purposes as defined by law.

Where a right-of-way is vacated, the vacated area will adopt the zone classification of the adjoining property with which it is first merged.

(Ord. 627 (part), 1999; Ord. 849 § 1 (part), 2015)

§ 15.02.100 Withdrawal of applications.

An application may be withdrawn by an applicant at any time.

(Ord. 627 (part), 1999; Ord. 849 § 1 (part), 2015)

§ 15.02.110 Violations defined.

Structures or uses which do not conform to this title are violations subject to the enforcement, penalty, and abatement provisions of this title, except approved variances and legal nonconforming uses as specified in this title. Violations include, but are not limited to:

Establishing a use not permitted in the zone in which it is located;

Constructing, expanding or placing a structure in violation of setback, height, and other dimensional standards;

Establishing a permitted use without complying with applicable development standards set forth in other ordinances, regulations, rules or laws;

Failing to carry out or observe conditions of a permit or approval, including contract development standards of property-specific agreements;

Failing to secure a required permit or approval before establishing a permitted use; and

Failing to maintain site improvements as required in this title, including but not limited to landscaping, parking or drainage control facilities.

(Ord. 627 (part), 1999; Ord. 849 § 1 (part), 2015)

§ 15.02.120 Permit suspension, revocation, or modification.

Any permit or approval issued by the city pursuant to this title may be suspended, revoked, or modified by the city council on one or more of the following grounds:

The permit or approval was obtained by fraud;

The permit or approval was granted based on inadequate or inaccurate information supplied by the applicant or the applicant’s representative;

An error of procedure occurred which prevented consideration of the interests of persons directly affected by the approval;

The permit or approval granted is being exercised contrary to the terms or conditions of the permit or approval or in violation of any statute, law or regulation; or

The holder of the permit or approval interferes with any authorized city representative in the performance of their duties, relevant to the permit or approval or implementation and review of the permit.

(Ord. 627 (part), 1999; Ord. 849 § 1 (part), 2015; Ord. 954 § 1 (Exh. A), 2024)

§ 15.02.130 Security agreement.

When a completion security or maintenance security is required to be posted, the applicant and the mayor must sign a notarized security agreement, approved in form by the city attorney. This security agreement must be recorded with the Pacific County auditor. The security agreement must provide the following information:

A description of the work or improvements covered by the security;

The period of time covered by the security;

The amount and nature of the security and the amount of the cash deposit;

The rights and duties of the city;

The rights and duties of the applicant;

An irrevocable license to run with the property to allow the employees, agents or contractors of the city to go on the subject property for the purpose of inspecting and, if necessary, doing the work or making improvements covered by the security;

The mechanism by and circumstances under which the security will be released;

The mechanism by and circumstances under which the security will be forfeited.

When any recorded security mechanism is released by the city to the applicant, a copy of the letter of release must be filed with the Pacific County auditor.

(Ord. 627 (part), 1999; Ord. 849 § 1 (part), 2015)

§ 15.02.140 Violations and penalties.

Penalties for violations of this title shall be assessed and enforced pursuant to Title 11, Code Enforcement. Provided, the city also has the right to seek injunctive relief and may elect to prosecute the violation under Section 1.20.020.

(Ord. 627 (part), 1999; Ord. 718 (part), 2006; Ord. 849 § 1 (part), 2015)

§ 15.02.150 Severability.

If any chapter, section, subsection, paragraph, sentence, clause, or phrase of this title is declared unconstitutional or invalid for any reason, the decision will not affect the validity of the remaining portion of this title.

(Ord. 627 (part), 1999; Ord. 849 § 1 (part), 2015)

§ 15.04.010 Explanation.

This chapter defines technical and procedural terms used throughout this title in order to simplify wording, give meaning of a technical term, or to eliminate ambiguity. Some definitions differ from definitions of the same words in standard dictionaries. Where this occurs, the definitions in this title will prevail. Words not defined will be presumed to have common and universally-accepted dictionary meanings.

(Ord. 627 (part), 1999)

§ 15.04.020 Definitions.

As used in this title:

“Access road”

means a public street providing vehicular access to the boundary of a parcel of real property being proposed for development.

“Accessory use or accessory building”

means a subordinate use or building (one (1) story detached), customarily incidental to, and located upon the same lot occupied by, the principal use or building (e.g., a storage shed, garage, gazebo, greenhouse, etc.).

“Administrative appeal”

means an appeal to the city council of a decision made by the city planner.

“Adult family home”

means the regular family abode of a person or persons who are providing personal care, room and board, under a license issued pursuant to RCW 70.128.060, to more than one (1) but not more than four (4) adults who are not related by blood or marriage to the person or persons providing the services; except that a maximum of six (6) adults may be permitted if the Washington State Department of Social and Health Services determines that the home and the provider are capable of meeting standards and qualifications provided for by law (RCW 70.128.010).

“Agriculture”

means the use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, floriculture, viticulture, apiaries, and animal and poultry husbandry, and the necessary accessory uses for storing produce; provided, however, that the operation of any such accessory use shall be incidental to that of normal agricultural activities; and provided further, that such uses shall not include the commercial feeding of garbage or refuse to swine or other animals.

“Alley”

means a public thoroughfare or way that provides only a secondary means of access to abutting property.

“Allowed use”

means any authorized use allowed alone or in conjunction with another use in a specified district and subject to the limitations of the regulations of such use district.

“Amateur radio antenna”

means a structure that is erected for the purpose of transmitting and receiving noncommercial radio signals.

“Apartment house (multifamily dwelling)”

means any building or portion thereof which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied, as the home or residence of three (3) or more families living independently of each other and doing their own cooking in such building, and shall include flats and apartments.

“Applicant”

means a person or persons submitting an application to the city of Ilwaco for any type of permit or approval covered in this title.

“Automobile repair”

includes fixing, incidental body or fender work, changing of automobile fluids, painting, upholstering, engine tune-up, adjusting lights or brakes, or supplying and installing replacement parts of or for passenger vehicles and trucks.

“Automobile service station” or “gasoline filling station”

means a building or lot having pumps and storage tanks where fuels, oils or accessories for motor vehicles are dispensed, sold or offered for sale at retail only, repair service is incidental and no storage or parking space is offered for rent.

“Automobile wrecking”

means the dismantling or disassembling of motor vehicles or mobile homes, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked motor vehicles or their parts. Three (3) or more dismantled, obsolete, or inoperable motor vehicles on one (1) lot or parcel of land shall constitute a wrecking yard.

“Auxiliary dwelling unit”

means an additional dwelling unit, including separate kitchen, sleeping, and bathroom facilities, separate from the owner occupied primary residential dwelling unit, on a single-family lot, not to exceed four hundred (400) square feet.

“Basement”

means that portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is more than the vertical distance from grade to ceiling.

“Bed and breakfast”

means a residential type building, or portion of the building, other than a hotel or motel, where for compensation lodging and a morning meal is provided for patrons, not including members of the owner’s, occupant’s or tenant occupant’s family.

“Billboard”

means a sign, including both the supporting structural framework and attached billboard faces, used principally for advertising a business activity, use, product or service unrelated to the primary use of the property on which the billboard is located; excluding off-premises directional signs or temporary real estate signs.

“Binding site plan”

means a to-scale drawing which identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by local regulations; contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of land; and contains provisions making any development be in conformity with the site plan; processed pursuant to this code and which has been approved by city council.

“Block”

means a group of lots, tracts or parcels within well-defined and fixed boundaries.

“Boarding or lodging home”

means a dwelling or part thereof, other than a motel or hotel, where lodging, with or without meals, is provided, for compensation, for not more than three (3) persons.

“Buffer strip”

means an area of land or a structure used or created for the purpose of insulating, separating or screening a structure or land use from other land uses or structures, in such a manner as to reduce or mitigate any adverse impacts of one (1) or the other.

“Building”

means any structure having a roof, but excluding all forms of vehicles (e.g., a recreational vehicle (RV)), even if it is immobilized. Yard requirements (i.e., setbacks) apply to all buildings.

“Building code”

means the Washington State Building Code, applied as appropriate, and as adopted, amended, and defined by WAC Title 15 to include city amendments as allowed and/or approved by the State Building Code Council.

“Building height”

means the vertical distance measured from the average elevation of existing grade to the highest point of the roof surface of a flat roof, to the top of a mansard roof, or to the mean height level between the eaves and the ridge for a pitched roof. Average elevation of existing grade will be measured at the vertical projection of the enclosed building space. Pitched roofs are considered to be those with a five (5) inch/twelve (12) inch pitch or greater.

“Building inspector”

means the building inspector for the city of Ilwaco, Washington.

“Building permit”

means the permit required by the city for new construction and additions.

“Canopy”

means a roof-like projection.

“Charging level”

means the standardized indicators of electrical force, or voltage, at which an electric vehicle’s battery is recharged. Levels 1, 2, and 3 are defined by the electrical output, per the following specifications:

Level 1 is considered slow charging and typically is served by a one hundred twenty (120) volt alternating current (AC) circuit.

Level 2 is considered medium charging and is typically served by a two hundred eight (208) volt or two hundred forty (240) volt AC circuit.

Level 3 is considered fast or rapid charging and voltage is greater than two hundred forty (240) volts.

“Chemical processes”

means a manufacturing process that uses dangerous or potentially dangerous chemicals.

“City”

means the city of Ilwaco, Washington.

“City attorney”

means the city attorney of the city of Ilwaco, Washington.

“City council”

means the city council of the city of Ilwaco, Washington.

“City engineer”

means the person appointed by the mayor and confirmed by the city council to review engineering aspects of land subdivision and development plans, or their designee.

“City planner”

means the mayor, or their designee with approval of the council, of the city of Ilwaco, Washington.

“Closed record appeal”

means an administrative appeal on the record to the city council, following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed (RCW 36.70B.020(1)).

“Club”

means an incorporated or unincorporated association of persons organized for a social, educational, literary, or charitable purpose.

“Collector arterial,”

unless otherwise defined by the city’s transportation plan, means a public street whose function is to collect traffic from neighborhoods and local streets and which connects to another public street of equal or greater classification. A collector arterial also may provide direct access to adjacent properties.

“Combining district”

means district regulations superimposed on an underlying zoning district which impose additional regulations for specific uses, and which are valid for a stipulated time period. Uses permitted by the underlying zone may also be developed.

“Commercial unit”

means any building or facility used for any purpose other than dwelling, except industrial.

“Common open space”

means a parcel of land or an area of water or a combination of land and water within the site designated for a planned unit development, and designed and intended primarily for the use or enjoyment of the residents of such development.

“Community arts center”

means a structure that is used for the purpose of displaying and/or selling art, conducting educational programs, and providing a means for art-related meetings.

“Completion security”

means a bond or other acceptable surety deposited by an applicant with the city to ensure completion within one (1) year of improvements required to obtain a permit or approval.

“Comprehensive plan”

means the most recent edition of the city of Ilwaco comprehensive plan adopted by the city council in accordance with Chapter 35.63 RCW or RCW Title 35A.

“Comprehensive water plan”

means the most recent edition of the city of Ilwaco comprehensive water plan.

“Conditional uses”

means certain uses which are otherwise not allowed in a use district but are permitted in specific circumstances subject to a duly granted conditional use permit granted by the appropriate authority, including a hearing examiner or city council. Conditional uses require a special degree of control to make such uses consistent with and compatible to other existing or permissible uses in the same zone or zones.

“Condominium”

means a multifamily structure in which each of the tenants hold full title to their unit, and joint ownership in the common grounds.

“Consolidated permit processing”

means the integrated and consolidated review and decision on two (2) or more project permits relating to a proposed project action, including a single application review and approval process covering all project permits requested by an applicant for all or part of a project. If an applicant elects consolidated permit processing, the determination of completeness, notice of application, and notice of final decision must include all project permits being reviewed through the consolidated permit review process.

“Convalescent home” or “nursing home”

means an establishment providing nursing, dietary, and other personal services to convalescents, invalids, or aged persons.

“Convenience store”

means a retail grocery business of less than one thousand (1,000) square feet that primarily caters to residents of the same neighborhood.

“County assessor”

means the assessor of Pacific County, Washington.

“County auditor”

means the auditor of Pacific County, Washington.

“County road”

means a road maintained for public travel by Pacific County.

Creeks, Minor.

“Minor creeks” means all creeks other than major creeks and generally conforming to the following criteria: a course or route as formed by nature, or as altered by human activity, and generally consisting of a channel with a bed, banks or sides substantially throughout its length along which surface waters, with some regularity, naturally and normally flow or drain from high to lower lands.

Creeks, Rivers, Major.

The following are “major creeks/rivers” identified by the city:

Columbia River;

Wallicut River.

“Crop and tree farming”

means the use of land for horticultural purposes.

“Cul-de-sac”

means a dead-end street of limited length having a primary function of serving adjoining land, and constructed with a turnaround at its end.

“Dangerous wastes”

means those wastes designated in WAC 173-303-070 through 173-303-103 as dangerous wastes. This may include any discarded, useless, unwanted or abandoned substances, including but not limited to certain pesticides, or any residues or containers of such substances which are disposed of in such quantity or concentration as to pose a substantial present or potential hazard to human health, wildlife or the environment because such wastes or constituents or combinations of such wastes:

Have short-lived toxic properties that may cause death, injury or illness or have mutagenic, teratogenic or carcinogenic properties; or

Are corrosive, explosive or flammable, or may generate pressure through decomposition or other means.

A moderate risk waste is not dangerous waste.

“Decision”

means a final determination by the decision-making body on applications for permits or approvals or on appeals.

“Decision-making body”

means the body or individual, including hearing examiner, with final approval authority for any given application.

“Dedication”

means the deliberate appropriation of land by an owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate will be evidenced by the owner by the presentment for filing of a final plat or short plat showing the dedication; and the acceptance by the public will be evidenced by the approval of such plat for filing by the city council.

“Dedication plat”

means plat which indicates property to be dedicated for public right-of-way or land for public use.

“Density”

means the permissible number of dwelling units that may be developed on a specific amount of land area measured in number of dwelling units per gross acre.

“Designated zone facility”

means any hazardous waste facility that requires an interim or final status permit under rules adopted under Chapter 70.105 RCW and Chapter 173-303 WAC, and that is not a preempted facility as defined in RCW 70.105.010 or in Chapter 173-303 WAC. A hazardous waste treatment or storage facility is a designated zone facility.

“Determination of completeness”

means the determination made by the city planner as to whether a project permit application is complete or incomplete (RCW 36.70B.070).

“Developer”

means a person who is responsible for any undertaking that requires a permit or approval from the city of Ilwaco.

“Development or development activity”

means any human-made change to improved or unimproved real estate, including but not limited to:

Construction, clearing, grading, filling, excavating, paving, dredging, mining, drilling, or otherwise significantly disturbing the soil of a site;

Building, installing, enlarging, replacing or substantially restoring a structure, impervious surface, or water management system;

Subdividing land into two (2) or more parcels;

Construction of a permanent sign unless expressly exempted by this title;

Alteration of a historic property for which authorization is required by this title; or

Changing the use of a site so that the need for parking is increased.

“Development permit” or “development approval”

means any written authorization from the city which authorizes the commencement of a development activity.

“Development plan”

means a plan drawn to scale, indicating the proposed use, the actual dimensions and shape of the property to be built upon, the exact sizes and locations on the property of buildings already existing, if any, and the location on the property of the proposed building or alteration, yards, setbacks, landscaping, off-street parking, ingress and egress and signs.

“Development standards”

means regulations including but not limited to setbacks, landscaping, screening, height, site coverage, signs, building layout, drainage, parking and site design and related features of land use.

“Discontinuance”

means the abandonment or nonuse of a building, structure, sign or lot for a period of six (6) months.

“District”

means a portion of the incorporated area of the city within which certain regulations and requirements apply under the provisions of this title.

“Dock-high loading areas”

means truck maneuvering areas and loading or unloading areas associated with loading doors that are located above the finish grade.

“Drainage ditch”

means a manmade channel with a bed, bank or sides which discharges waters into a major or minor creek, lake, pond or wetland.

“Dripline”

means a circle drawn at the soil line directly under the outermost branches of a tree.

“Duplex”

means a building used or intended to be used as a home of two (2) families living independently of each other having two (2) separate kitchen facilities and bathroom facilities (i.e., two (2) separate dwelling units).

Dwelling, Multiple-Family.

“Multiple-family dwelling” means a residential building designed for or occupied by three (3) or more families, with the number of families in residence not exceeding the number of dwelling units provided.

Dwelling, Single-Family.

“Single-family dwelling” means a detached residential dwelling unit, other than a mobile home, designed for and occupied by one (1) family only.

Dwelling, Two-Family.

“Two-family dwelling” means a detached residential building containing two (2) dwelling units, designed for occupancy by not more than two (2) families.

“Dwelling unit”

means a building or portion of a building designed for occupancy by one (1) family for residential purposes and having kitchen facilities.

“Easement”

means a nonownership interest in land; a grant by a property owner to specific persons or to the public for a specific purpose or purposes such as ingress, egress and for utilities.

“Electric vehicle charging station”

means a public or private parking space that delivers electricity from a source outside an electric vehicle into one (1) or more electric vehicles. An electric vehicle charging station may include several charge points simultaneously connecting several electric vehicles to the station and any related equipment needed to facilitate charging plug-in electric vehicles.

“Emergency repair”

means work necessary to prevent destruction or dilapidation to real property or its structures immediately threatened or damaged by fire, flood, earthquake, or other disaster.

“Equivalent dwelling unit (EDU)”

means any residential or nonresidential use which has been found to place a demand on the city’s sewerage system or water system approximately equal to the demand thereon by a single-family dwelling.

“Erosion hazard areas”

means and includes areas that because of natural characteristics, including vegetative cover, soil texture, slope, gradient and rainfall patterns, or man-made changes to such characteristics, are vulnerable to erosion.

“Essential public facilities”

means public facilities and privately owned or operated facilities serving a public purpose that are typically difficult to site. They include:

Type One. Multicounty facilities on the State Office of Financial Management (OFM) list of future projects. These are major facilities serving or potentially affecting more than one (1) county. These facilities include, but are not limited to, regional transportation facilities, such as regional airports, state correction facilities, and state education facilities.

Type Two. These are local or interlocal facilities serving or potentially affecting residents or property in more than one (1) jurisdiction. They could include, but are not limited to, county jails, county landfills, community colleges, sewage treatment facilities, communication towers and inpatient facilities (e.g., substance abuse facilities, mental health facilities, and group homes). (Note: Facilities that would not have impacts beyond the jurisdiction in which they are proposed to be located would be Type Three facilities.)

Type Three. These are facilities serving or potentially affecting only the jurisdiction in which they are proposed to be located.

“Extremely hazardous waste”

means those wastes designated in WAC 173-303-070 through 173-303-103 as extremely hazardous wastes. This may include any dangerous waste which:

Will persist in a hazardous form for several years or more at a disposal site and which in its persistent form:

Presents a significant environmental hazard and may be concentrated by living organisms through a food chain or may affect the genetic makeup of man or wildlife; and

Is highly toxic to man or wildlife;

Is disposed of at a hazardous waste disposal site in such quantities as would present an extreme hazard to man or the environment.

“Family”

means one (1) or more related persons living together or not more than six (6) unrelated persons living together in a single dwelling unit.

“Family day care provider”

means a residential facility where supervision is provided for periods less than twenty-four (24) hours for twelve (12) or fewer children from the age of birth to eleven (11) years of age, exclusive of members of the occupant’s family. Such facility must be operated in accordance with state requirements.

“Fee schedule”

means the most current list, adopted by resolution of the city council, of the fees required for submitting applications to the city under this title and other city laws.

Fence, One Hundred Percent (100%) Sight-Obscuring.

“One hundred percent (100%) sight-obscuring fence” means a fence constructed of solid wood, metal or other appropriate material which totally conceals the subject use from adjoining uses at six (6) feet above the base of the fence line, at twenty (20) feet from the subject property line.

Fence, Sight-Obscuring.

“Sight-obscuring fence” means, at minimum, a chain link fence with woven slats in every row or available space of the fence.

“Flag lot”

means a tract or lot of land of uniform dimensions in which the portion fronting on a street is less than the required minimum width for construction of a building or structure on that lot but leads from the access point to a lot with proper dimensions for building.

“Front of house”

means that part of the house that faces the street, road, or public access way.

“Front yard”

means an open, unoccupied space extending across the full width or depth of the lot, between the building and the property line adjacent to the street. On corner lots, both yards abutting streets are considered front yards.

Frontage, Building or Occupancy.

“Building or occupancy frontage” means the length of that portion of a building or ground floor occupancy which abuts a street, publicly used parking area or mall appurtenant to such building or occupancy, expressed in lineal feet and fractions thereof.

Garage or Carport, Private.

“Private garage or carport” means a building, or a portion of a building, principally for vehicular equipment such as automobiles, boats, etc., not more than one thousand (1,000) square feet in area, in which only motor vehicles used by the tenants of the buildings on the premises are stored or kept.

“General sewer plan”

means the most recent edition of the general sewer plan of the city of Ilwaco.

“Grade”

means a ground elevation established for the purpose of regulating the height of the structure. The building grade is the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade is determined by averaging the elevation of the ground for each face of the building.

“Grading permit”

means the permit required under Chapter 70 of the Uniform Building Code.

“Grocery store”

means a retail business of one thousand (1,000) square feet or more that sells primarily food.

“Gross floor area”

means the area included within the surrounding exterior walls of a building expressed in square feet and fractions thereof. The floor area of a building not provided with surrounding exterior walls shall be the usable area under the horizontal projections of the roof or floor above.

“Ground cover”

means low-growing vegetative materials with a mound or spreading manner of growth that provides solid cover within two (2) years after planting. Examples include sod or seed lawn, ivy, junipers, cotoneaster, etc.

Group Home.

Class I Group Home.

“Class I group home” means publicly or privately operated residential facilities such as state-licensed foster homes and group homes for children; group homes for individuals who are developmentally, physically or mentally disabled; group homes or halfway houses for recovering alcoholics and former drug addicts; and other groups not considered within Class II or III group homes.

Group Home, Class I-A. A Class I-A group home shall have a maximum of seven (7) residents including resident staff.

Group Home, Class I-B. A Class I-B group home shall have a maximum of ten (10) residents including resident staff.

Group Home, Class I-C. The number of residents for a Class I-C group home will be based upon the density of the underlying zoning district.

Class II Group Home.

“Class II group home” means publicly or privately operated residential facilities for juveniles under the jurisdiction of the criminal justice system. These homes include state-licensed group care homes or halfway homes for juveniles which provide residence in lieu of sentencing or incarceration, and halfway houses providing residence to juveniles needing correction or for juveniles selected to participate in state-operated work release and prerelease programs. The planning director shall have the discretion to classify a group home proposing to serve juveniles convicted of the offenses listed under Class III group home in this section as a group home Class III, and any such home shall be sited according to the regulations contained within the Group III classification.

Group Home, Class II-A. A Class II-A group home shall have a maximum of eight (8) residents including resident staff.

Group Home, Class II-B. A Class II-B group home shall have a maximum of twelve (12) residents including resident staff.

Group Home, Class II-C. A Class II-C group home shall have a maximum of eighteen (18) residents including resident staff.

Class III Group Home.

“Class III group home” means privately or publicly operated residential facilities for adults under the jurisdiction of the criminal justice system who have entered a pre-or post-charging diversion program, or been selected to participate in state-operated work/training release or other similar programs. Such groups also involve individuals who have been convicted of a violent crime against a person or a crime against property with a sexual motivation and convicted or charged as a sexual or assaultive violent predator.

“Guest cottage”

means an accessory, detached dwelling without any kitchen facilities designed for and used to house transient visitors or nonpaying guests of the occupants of the main building.

“Halfway house”

means a dwelling unit that houses formerly incarcerated or institutionalized persons that have been released to transition back into society.

“Half-width street”

means any public or private street right-of-way or easement which is less than the full required width specified in this chapter, and which is established so that the additional half-width right-of-way or easement may be provided at a later date to complete a full-width roadway.

“Hazardous substance”

means any liquid, solid, gas or sludge, including any material, substance, product, commodity or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste as described in rules adopted under Chapter 70.105 RCW or in WAC 173-303-090, 173-303-100, 173-303-101, 173-303-102 or 173-303-103.

“Hazardous substance facility buffer zone”

means a setback area between the hazardous substance land use facility boundary and the nearest point of the hazardous substance land use property line, necessary to provide added protection to adjacent land uses or resources of beneficial use. All hazardous waste treatment and storage facilities must maintain at least a fifty (50) foot buffer zone.

“Hazardous substance land use”

means any use which is permitted under this title and which includes a designated zone facility or the processing or handling of a hazardous substance.

“Hazardous substance land use facility”

means the projected line enclosing the area of all structures and lands on which hazardous substance land use activities occur, have occurred in the past or will occur in the future. This does not include the application of products for agricultural purposes.

Hazardous Substance, Processing or Handling of.

“Processing or handling of a hazardous substance” means the compounding, treatment, manufacture, synthesis, use or storage of hazardous substances in excess of the following amounts in bulk quantities: five thousand (5,000) pounds of solid hazardous substances, five hundred (500) gallons of liquid hazardous substances, and six hundred fifty (650) cubic feet of gaseous hazardous substances.

“Hazardous waste”

means any dangerous and extremely hazardous waste, including substances composed of radioactive and hazardous components. A moderate risk waste is not a hazardous waste.

“Hazardous waste facility”

means the contiguous land and structures, other appurtenances and improvements on the land used for recycling, storing, treating, incinerating or disposing of hazardous waste.

“Hazardous waste storage facility”

means any designated zone facility which holds hazardous waste for a temporary period not to exceed five (5) years; this does not include accumulation of hazardous waste by the generator on the site of generation, as long as the generator complies with the applicable requirements of WAC 173-303-200 and 173-303-201.

“Hazardous waste treatment facility”

means any designated zone facility which processes hazardous waste by physical, chemical or biological means to make such waste non-hazardous or less hazardous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume.

Hazardous Waste Treatment or Storage Facility, Off-Site.

“Off-site hazardous waste treatment or storage facility” means any hazardous waste treatment or storage facility which treats or stores wastes that are generated off the site.

Hazardous Waste Treatment or Storage Facility, On-Site.

“On-site hazardous waste treatment or storage facility” means any hazardous waste treatment or storage facility which treats or stores only those wastes that are generated on the site.

“Hearing examiner”

means the individual duly appointed pursuant to Chapter 11.15.

“Highest shade-producing point”

means the point of a structure which casts the longest shadow at noon on December 21st.

“Home occupation”

means a commercial activity carried out by a resident of a single-family dwelling and conducted as an incidental and accessory use of the residence, or any building accessory to the dwelling. A home occupation does not include remote work with no public contact at the residence or storage or sale of stock-in-trade.

“Homeowners’ association”

means an incorporated, nonprofit organization operating under recorded land agreements through which (1) each lot owner is automatically a member; and (2) each lot is automatically subject to a charge for a proportionate share of the common property; and (3) a charge, if unpaid, becomes a lien against the property.

“Hostel”

means a low cost hotel catering to the traveling public, consisting of large common sleeping rooms.

“Hotel” or “motel”

means a building in which there are guest rooms where lodging with or without meals is provided for compensation, and where provision may or may not be made for cooking in any individual room or suite and in which building may be included one (1) apartment for use of the resident manager. Not included in this definition are institutions housing persons under legal restraint or requiring medical attention or care.

“Impervious surface”

means that hard surface area which either prevents or retards the entry of water into the soil mantle as it entered under natural conditions preexistent to development, or that hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions preexistent to development. Common impervious surfaces include but are not limited to rooftops, concrete or asphalt paving, paved walkways, patios, driveways, parking lots or storage areas, and oiled, macadam or other surfaces which similarly impede the natural infiltration of surface water.

“Improvements”

means altering or modifying land and/or structures which results in added value to the property.

“Industrial user”

means a nonresidential user of the public sewer which discharges a waste that is distinct from sanitary sewage, resulting in an industrial waste.

“Industrial waste”

means any liquid, solid or gaseous material or combination thereof resulting from any process of industry, manufacturing, commercial, food processing, business, agriculture, trade or research, including, but not limited to, development, recovering or processing of natural resources and:

Has a concentration of biochemical oxygen demand (BOD) and suspended solids (SS) in excess of two hundred (200) milligrams per liter per average workday; or

Has a discharge containing cadmium, chromium, copper, lead, zinc, silver or similar toxic substances; or

Is found by the city, State Department of Ecology or United States Environmental Protection Agency to have a significant impact on the wastewater treatment system; or

Has a discharge flow of ten thousand (10,000) gallons or more per average workday.

“Interior court”

means a space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three (3) or more sides by walls of a building.

“JARPA”

means the joint aquatic resource permits application, which must be completed whenever work is proposed in or near water.

“Judicial appeal”

means an appeal to the Pacific County Superior Court of a decision made by the city council or hearing examiner.

“Junkyard”

means a place where waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including auto and motor vehicle wrecking yards, house wrecking yards, used lumber yards and yards for use of salvaged house wrecking and structural steel materials and equipment.

“Kennel”

means any fenced lot and/or structure on which four (4) or more dogs or cats over six (6) months of age are kept for breeding, sale, training, boarding or sporting purposes, or are cared for or kept for any purpose other than as a pet.

“Lake”

means a natural or artificial body of water of two (2) or more acres or where the deepest part of the basin at low water exceeds two (2) meters (six and six-tenths (6.6) feet). Artificial bodies of water with a recirculation system approved by the public works director are not included in this definition.

“Landscaping”

means vegetative cover including shrubs, trees, flowers, seeded lawn or sod, ivy and other similar plant material.

“Landslide hazard areas”

means and includes areas potentially subject to landslides based upon the following combination of geologic, topographic and hydrologic factors:

Areas of historic failure;

Areas with all three (3) of the following characteristics:

Slopes of twenty-five percent (25%) gradient or greater;

Hillsides intersecting geologic contacts with a relatively permeable sediment overlaying a relatively impermeable sediment or bedrock; and

Springs or groundwater;

Slopes that are parallel or subparallel to planes or weak in subsurface materials;

Privately owned areas with slopes that have gradients greater than eighty percent (80%) subject to rockfall during seismic shaking;

Areas potentially unstable as a result of rapid stream incision, stream bank erosion and undercutting by wave action;

Areas located in a canyon or an active alluvial fan presently or potentially subject to one percent (1%) or greater chance of inundation by debris flows or catastrophic flooding;

Areas with slope gradients of forty percent (40%) or greater not composed of consolidated rock. These will be of at least ten (10) feet of vertical relief.

“Local access”

means a street whose primary function is to provide direct access to adjoining properties and which serves a limited area only, usually a neighborhood.

“Lodging, itinerant”

means a hotel, motel or other facility engaged in the rental or provision of lodging for periods of thirty (30) days or less. Also refers to an actual facility for rent, including, but not limited to, bed and breakfast rooms, condominium hotel units, hotel rooms, motel rooms, RV spaces, camping spaces, timeshare units, and vacation rentals. All itinerant lodging is subject to the city’s transient occupancy tax, as required by Chapter 3.24. See also definitions of “bed and breakfast,” “guest cottage” (as applied to paying guests), “hotel” or “motel,” and “hostel.” Contrast to “long-term lodging” as defined herein.

“Lodging, long-term”

means a facility engaged in the rental or provision of lodging facilities for periods of thirty-one (31) days or more. Also refers to the actual facility for rent. Contrast to “itinerant lodging” as defined herein.

“Loop”

means a street of limited length forming a loop, having a beginning and ending on the same street, having no other intersecting street, and having as its primary function the provision of direct access to adjoining properties.

“Lot”

means a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area and having frontage upon a street or alley. The term includes tracts and parcels.

“Lot area”

means the total land space or area contained within the boundary lines of any lot, tract, or parcel of land, and may be expressed in square feet or acres.

Lot, Corner.

“Corner lot” means a lot abutting upon two (2) or more streets at their intersection, or upon two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees within the lot lines.

“Lot frontage”

means the front of a lot shall be that portion nearest the street. The user of a corner lot has the option of determining which part of the lot fronting on a street shall become the lot frontage, but the entrance shall be in the front.

“Lot lines”

means the property lines bounding the lot.

Lot Measurements.

Depth of a lot shall be considered to be the distance between the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

Width of a lot shall be considered to be the distance between the side lines connecting front and rear lot lines; provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than eighty percent (80%) of the required lot width, except in the case of lots on the turning circle of cul-de-sacs, where the eighty percent (80%) requirement shall not apply.

“Lot of record”

means a lot which is part of a subdivision recorded in the office of the county assessor, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

Lot, Riverfront.

“Riverfront lot” means any lot or land parcel which is adjacent to a riverfront road or a riverfront park.

Lot, Through.

“Through lot” means a lot that has both ends fronting on a street. Either end may be considered the front.

“Lot width”

means the distance between side lot lines measured at the regulatory/required front building line.

“Low-income housing”

means housing for households whose income is between thirty percent (30%) and fifty percent (50%) of the median income, adjusted for household size, for Pacific County based on the most recent Washington State Office of Financial Management (OFM) data.

“Maintenance security”

means a bond or other acceptable surety deposited by an applicant with the city to:

Cover the cost of replacing or repairing any or all required site improvements; and

To warrant against defects in labor and material, and against any damage or defects caused by construction activity on the site, for a period of two (2) years from acceptance of improvements by the city.

“Major arterial”

means, unless otherwise defined by the city’s transportation plan, a street connecting two (2) or more cities or communities, connecting two (2) highways of equal or greater capacity, or serving as the primary access to a large land area. A major arterial may also serve a large traffic generator (e.g., an industrial area) and perform a secondary function of providing local access.

“Major nonconforming building or structure”

means any nonconforming building or structure located on a parcel which at any point borders or is in a residential district and which is not in compliance with the minimum development standards of the district in which it is located.

“Manufactured home”

means a single-family dwelling built after June 15, 1976, in accordance with the Department of Housing and Urban Development (HUD) Manufactured Home Construction and Safety Standards Act, which is a national, preemptive building ordinance.

“Manufactured home standards”

means the manufactured home construction and safety standards as promulgated by the United States Department of Housing and Urban Development (HUD).

“Minor nonconforming building or structure”

means any nonconforming building or structure which is not a major nonconforming structure and which is not in compliance with the minimum development standards of the district in which it is located.

“Mixed use building or structure”

means a building that contains two (2) or more separate and distinct uses permitted in the zoning district where such building is located.

“Mobile home”

means a factory-built dwelling built before June 15, 1976, to standards other than the HUD ordinance, and acceptable under applicable state ordinances in effect at the time of construction or introduction of the home into the state. Mobile homes have not been built since introduction of the HUD Manufactured Home Construction and Safety Standards Act.

“Mobile home park”

means a parcel (or contiguous parcels) of land divided into two (2) or more mobile or manufactured home lots for rent or sale.

“Moderate risk waste”

means those wastes defined in WAC 173-303-040 as moderate risk wastes. This may include any waste that exhibits any of the properties of hazardous waste but is exempt from regulation under Chapter 70.105 RCW solely because the waste is generated in quantities below the threshold for regulation, and any household waste which is generated from the disposal of substances identified by the Department of Ecology as hazardous household substances.

“Modification”

is a grant of relief from the strict requirements of this title which permits construction in a manner that would otherwise be prohibited by this title; a minimal relaxation or modification of the strict terms of this title as applied to specific property when, because of particular physical surroundings, shape or topographical condition of the property, compliance would result in practical difficulty; or a grant of relief from the strict requirements of this title due to a proposed project not being able to meet specifically identified comprehensive plan policies and objectives.

“Motel, hotel, motor hotel, and bed and breakfast”

means a building or group of buildings comprising sleeping or living units for the accommodation of guests for compensation.

“Multifamily residence”

means a building or portion of a building used or intended to be used as a home of three (3) or more families living independently of each other and having separate kitchen facilities for each family.

“MUTCD”

means the Manual of Uniform Traffic Control Devices for streets and highways as adopted by the Washington State Department of Transportation, current edition.

“Natural or native areas”

means all or portions of a parcel of land undisturbed by development and maintained in a manner which preserves the indigenous plant materials.

“Neighborhood access”

means a street whose primary function is to provide direct access to adjoining properties but which also provides for traffic circulation within and through a neighborhood.

“Neighboring property owners”

means the people who own land adjacent to the subject lot, both inside and outside of city limits.

“Net acreage”

means the buildable area after the area of street rights-of-way and easements has been subtracted.

“Noncommercial gardens”

are gardens that are planted and cultivated for the production of fruits and vegetables. “Noncommercial gardens” also means gardens that are planted with shrubs, trees, plants and grasses, and maintained for aesthetic purposes where no fee or charge is made for the public to enter the premises.

“Nonconforming building” or “nonconforming use” or “nonconforming lot”

means a building, use, or lot lawfully existing on the date this title becomes effective, which does not conform with the regulations of the zoning district in which it is located.

“Nonconforming sign”

means any sign which is not in full compliance with the regulations of the Ilwaco Municipal Code as amended.

“Nonconformity”

means any land use, structure, lot of record or sign legally established prior to the effective date of this title or subsequent amendment to it which would not be permitted by or is not in full compliance with the regulations of this title.

“North-south lot dimension”

means the average distance between lines from the corners of the northern lot line south to a line drawn east-west and intersecting the southernmost point of the lot.

“Nursery school” or “day care center”

means a building or structure in which an agency, person or persons regularly provide care for a group of children for periods of less than twenty-four (24) hours a day. Nursery school or day care centers include family day care homes, out-of-home child mini-day-care centers and child day care centers regulated by the Washington State Department of Social and Health Services.

Nursing Home.

See “Convalescent home.”

“Occupancy”

means the purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors.

“Official map”

means maps showing the designation, location and boundaries of the various districts which have been adopted and made a part of this title.

“Open green area”

means landscaped areas and areas of natural or native vegetation.

“Open record hearing”

means a hearing that creates the city’s or hearing examiner’s record through testimony and submission of evidence and information, under procedures prescribed by the city by ordinance or resolution. An open record hearing may be held prior to a local government’s decision on a project permit to be known as an “open record predecision hearing.” An open record hearing may be held on an appeal, to be known as an “open record appeal hearing,” if no open record predecision hearing has been held on the project permit (RCW 36.70B.020(3)).

“Ordinary high-water mark,”

on the streams, marshes and swamps, means that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on the effective date of this title, or as it may naturally change thereafter; provided, that in any area where the ordinary high-water mark cannot be found the ordinary high-water mark shall be the line of mean high water.

“Outside storage”

means all or part of a lot which is used for the keeping of materials or products in an open, uncovered yard or in an unwalled building. Such materials shall not be for general public consumption or viewing. Such materials shall include tractors, backhoes, heavy equipment, construction materials and other similar items which detract from the appearance of the zone in which they are located.

“Overlay zone”

means a set of zoning regulations which is applied to the map and subsequently imposed in addition to regulations of the underlying district. Developments within the overlay zone must conform to the requirements of both zones.

“Owner of property”

means the fee simple owner of record as exists on Pacific County assessor records.

“Pacific County road standards”

means the latest edition of the Pacific County road standards.

“Parking space”

means an off-street space used to park a motor vehicle and having access to a public street or alley.

Parking, Temporary.

“Temporary parking” means parking facilities specifically designed to accommodate vehicles and intended for public use for a period of not more than five (5) days. Temporary parking shall not be in lieu of specified off-street parking as required in Chapter 15.46 pertaining to off-street parking and loading requirements.

“Pavement width”

means paved area on shoulder type roads or paved surface between curb, thickened edge or gutter flow line; on all other roads as depicted on drawings contained in the Pacific County road standards.

“Performance standards”

means regulations for the control of dangerous or objectionable elements.

“Permit-issuing authority”

means the person or body that has the authority, according to this title, to issue the permit or approval in question.

“Person”

includes firms, corporations, associations and agents of persons.

“Planned unit development”

means a development built under those provisions of this title which permit departures from the conventional siting, setback and density requirements of other sections of this title in the interest of achieving superior site development, creating open space and encouraging imaginative design by permitting design flexibility.

“Planning commission”

means the planning commission of the city of Ilwaco, Washington.

“Planning director”

means a person designated by the mayor of the city to carry out all duties related to planning.

“Plat”

means a map or representation of a subdivision, showing the division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions and dedications.

Plat, Final.

“Final plat” means the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in this title.

Plat, Preliminary.

“Preliminary plat” means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements of a subdivision consistent with the requirements of this title. The preliminary plat is the basis for the approval or disapproval of the general layout of a subdivision.

Plat, Short.

“Short plat” means the map or representation of a short subdivision.

“Pond”

means an area permanently inundated by water in less than two (2) acres in area as measured at the ordinary high water mark.

“Port master plan”

means the plan developed by the Port of Ilwaco that outlines future uses of Port of Ilwaco property.

“Preempted facility”

means any hazardous waste facility defined as a preempted facility in RCW 70.105.010 or in Chapter 173-303 WAC. This may include any facility that includes as a significant part of its activities any of the following hazardous waste operations: (1) landfill; (2) incineration; (3) land treatment; (4) surface impoundment to be closed as a landfill; or (5) waste pile to be closed as a landfill.

“Principal use”

means the primary use of land or a building, as distinguished from an accessory use.

“Private access tract”

means a privately owned and maintained tract providing vehicular access to four (4) or fewer residential or commercial properties.

“Private street”

means a privately owned and maintained access provided for by a tract, easement, or other legal means, typically serving three (3) or more potential dwelling units.

“Project permit” or “project permit application”

means any land use or environmental permit or license required from the city for a project action, including, but not limited to, building permits, subdivisions, binding site plans, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, and site-specific rezones authorized by a comprehensive plan (RCW 36.70B.020(4)); provided, that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this title.

“Public street”

means a publicly owned facility providing access, including the roadway and all other improvements, inside the right-of-way.

“Ravine”

means an area constituting a “young valley” which contains a major or minor creek. It includes the bottom land of the ravine and the ravine sidewalls to a point where the slopes are less than fifteen percent (15%).

“RCW”

means the Revised Code of Washington.

“Rear yard”

means an open unoccupied space extending across the full width or depth of the lot, between the building and the rear line of the lot.

Recreational Vehicle.

“Recreational vehicles”

means motorized vehicles that include a cabin for living accommodations and are commonly used for recreational travel and touring. Vehicles included in this category come in several forms: travel trailers, tent trailers and camping trailers, all of which must be towed by a car or pickup truck; and truck campers, motor homes and camper vans, all of which have the motor within the body of the vehicle.

Recreational vehicles may also include any motorized or nonmotorized vehicle, boat, boat trailer or other vehicle to be used for recreational purposes.

“Recreational vehicle storage”

means a piece of land or a structure dedicated to the storage of recreational vehicles.

“Reservation”

means a method of holding land for future public use by dedicating public areas on a subdivision plat.

“Restricted use”

means that the use is not allowed in a particular zoning district.

“Resubdivision”

means the further division of a lot or lots within a subdivision previously approved and recorded.

“Revegetation”

means the planting of vegetation to cover any land areas which have been disturbed during construction. This vegetation shall be maintained to ensure its survival and shall be consistent with planting requirements of the city landscape regulations.

“Rezone”

means a change in zoning classification of an area from one (1) use district to another.

“Right-of-way”

means land, property or property interest (e.g., an easement), usually in a strip, acquired for or devoted to transportation purposes.

“Road”

means a facility providing public or private access including the roadway and all other improvements inside the right-of-way. “Road” and “street” will be considered interchangeable terms for the purpose of this title.

“Roadside”

means the portion of an easement or right-of-way lying on either side of the roadway, including curbs, sidewalks and ditches.

“Roadside stand”

means a temporary structure designed or used for the display or sale of agricultural products primarily produced on the premises upon which such a stand is located.

“Roadway”

means pavement width plus any nonpaved shoulders.

“RV park”

means a piece of land used for or dedicated to accommodating or housing recreational vehicles.

“Secondary arterial”

means a public street connecting two (2) or more roads of equal or greater classification, or connecting two (2) or more communities. A secondary arterial may serve as an alternate route to higher classified road or a traffic generation of medium importance, and serves an additional function of land service.

“Seismic hazard areas”

means and includes areas subject to severe risk of damage as a result of earthquake-induced ground shaking, slope failure, settlement, soil liquefaction or surface faulting.

“Service uses or activities”

means a business which sells the knowledge or work of its people rather than a tangible product.

Setback, Average.

“Average setback” means the mean or average depth of yard (setback) measured from the property line to the building. The average setback is computed along the full length of the property line, utilizing a designated property depth.

Shop, Thrift.

“Thrift shop” means a business where items that were donated to charity are sold.

“Shopping center”

means a retail shopping area designed as a unit, which utilizes a common parking area.

“Shoreline master program”

means the most recent edition of the city of Ilwaco shoreline master program[1].

“Short subdivision”

means a map of a short subdivision, together with written certificates, dedications where appropriate and data. Short subdivisions are those that can be administratively approved in an expedited fashion by the planning director or their designee.

“Side yard”

means an open, unoccupied space extending across the full width or depth of the lot, between the building and the side line of the lot.

“Sidewalk”

means a hard surfaced pedestrian access area adjacent to or within the right-of-way of a public road.

“Sign”

means any face of a structure or device for visual communication that is used to bring the subject to the attention of the public.

Sign, Abandoned.

“Abandoned sign” means any sign which has been deserted and its effective use terminated, and which no longer fulfills the purpose for which it was constructed.

Sign, Advertising.

“Advertising sign” means a sign which directs attention to a business, commodity or service or entertainment sold or offered elsewhere than on the premises and only incidentally on the premises.

“Sign area”

means the entire area within a single continuous perimeter enclosing the extreme limits of a sign, but excluding any structural elements not forming an integral part of the display.

Sign, Business.

“Business sign” means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered on the premises.

Sign, Canopy.

“Canopy sign” means a sign attached to the underside of a canopy.

Sign, Construction.

“Construction sign” means a temporary sign placed in advance of occupancy of a building or structure indicating the name of the building or structure, the architects, the contractors and other information regarding the building or structure.

Sign, Directional or Informational.

“Directional or informational sign” means a sign designated to guide or direct pedestrians or vehicles.

Sign, Flashing.

“Flashing sign” means:

A lighted sign whose lights or part of whose lights go on and off intermittently;

An illuminated sign with action or motion, or light or color changes.

Sign, Freestanding.

“Freestanding sign” means a sign standing directly upon the ground or having one (1) or more supports standing directly upon the ground, and being detached from any building or structure.

Sign, Gate or Entrance.

“Gate or entrance sign” means a sign attached or adjacent to an entranceway of a residential site or subdivision, which identifies the site or subdivision.

“Sign height”

means the distance from ground level to the highest point on the sign structure.

Sign, Identification.

“Identification sign” means a sign used only for the purpose of identifying the occupancy of a building, structure or property.

Sign, Illuminated.

“Illuminated sign” means a sign designed to give forth any artificial light or reflect such light from an artificial source.

Sign, Indirectly Illuminated.

“Indirectly illuminated sign” means an illuminated non-flashing sign whose illumination is derived entirely from an external artificial source and which is so arranged that no direct rays of light are projected from such artificial source into residences or the street.

Sign, Institutional.

“Institutional sign” means a sign used only for the purpose of identifying an institution.

Sign, Off-Premises.

“Off-premises sign” means a sign not located on or supported by a structure not located on the same premises as the business, product, service or activity being identified or advertised by such sign or an advertising sign.

Sign, On-Premises.

“On-premises sign” means a sign identifying a business, product, service or activity conducted or sold on the same premises as that on which the sign is located.

Sign, Painted.

“Painted sign” means a sign which is painted on any office, wall, window, fence or structure of any kind.

Sign, Political.

“Political sign” means a sign advertising a candidate for political office or a measure scheduled for election.

Sign, Portable.

“Portable sign” means a sign which is not permanently affixed to the ground or to a building or structure and which may be easily moved.

Sign, Projecting.

“Projecting sign” means a sign affixed to the exterior wall of a building or structure with the exposed faces perpendicular to the plane of such wall.

Sign, Roof.

“Roof sign” means a sign attached to a building which projects above the structure of the building. This definition refers to the architectural unity of a building or structure.

Sign, Rotating.

“Rotating sign” means a sign containing moving parts.

Sign, Subdivision.

“Subdivision sign” means a sign erected and maintained within the boundaries of a recorded subdivision and indicating the name of the subdivision, the name of the contractor or subdivider and the name of the owner or agent, and giving information regarding directions, price or terms.

Sign, Temporary.

“Temporary sign” means a sign intended to advertise community or civic projects, real estate for sale or lease or other special events on a temporary basis.

Sign, Wall.

“Wall sign” means a sign affixed to the exterior wall of a building or structure with the exposed face of the sign on a plane parallel to the plane of such wall.

Sign, Window.

“Window sign” means a sign painted on, affixed to or placed in an exterior window with the exposed face of the sign on a plane parallel to the plane of such window.

“Single-family district”

means a zoning district with the designation of single-family residential R-1.

“Single-family dwelling”

means a building designed or used for residential purposes by not more than one (1) family and containing one (1) dwelling unit only, including mobile homes when not located in a mobile home park and including condominium units subject to fee simple ownership, and excluding multiple-family dwellings, apartments and motels.

“Site coverage”

means that portion of a lot covered by buildings or structures.

“Site plan”

means a drawing of a proposed project drawn to scale.

“Site plan review”

means the process which is intended to provide for the examination of site and building development proposals in any of the following circumstances: new construction in a commercially or industrially zoned area; or expansion or remodel of any building or other structure in commercially or industrially zoned areas by more than twenty percent (20%) of its existing floor area, or overall size in cases where floor area is not applicable.

“Slope line”

means the line perpendicular to the contour lines crossing the property. The precise bearing or heading of the slope line shall be determined by the planning director.

“Solid waste incinerator”

means the processing of solid wastes by means of pyrolysis, refuse-derived fuel or mass incineration within an enclosed structure. These processes may include the recovery of energy resources from such waste or the conversion of the energy in such wastes to more useful forms or combinations thereof. This definition refers to citywide or regional-scale operations and does not include solid waste incineration which is accessory to an individual principal use.

“Special permit”

means a permit issued for uses permitted in a district provided such use meets the standards as required for such use.

“Special provisions”

means road construction requirements peculiar to a specific project and which are not otherwise thoroughly or satisfactorily detailed and set forth in the standard specifications.

“Stacking space”

means the space specifically designated as a waiting area for vehicles whose occupants will be patronizing a drive-in business. Such space is considered to be located directly alongside a drive-in window, facility or entrance used by patrons and in lanes leading up to and away from the business establishment.

“Standard specifications”

means those specifications adopted for street construction by the city.

“Story”

means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused underfloor space is more than six (6) feet above grade for more than fifty percent (50%) of the total perimeter or is more than twelve (12) feet above grade at any point, such basement, cellar or unused underfloor space shall be considered as a story.

“Street”

means a public thoroughfare which affords the principal means of access to abutting properties.

“Structure”

means a human-made object of any kind, which is built or constructed, or any piece of work built up or composed of parts joined together in some definite manner and affixed to the earth.

“Subdivider”

means a person, including a corporate person, who undertakes to create a subdivision.

“Subdivision”

means the division or redivision of land into five (5) or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership, except as provided under “short subdivision.”

Subdivision, Short.

“Short subdivision” means the division or redivision of land into four (4) or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership.

“Survey discrepancy”

means a boundary hiatus, an overlapping boundary, or a physical appurtenance which indicates encroachment, lines of possession or conflict of title.

“Temporary building”

means a building or a structure that is proposed to be built or constructed and utilized for a period not to exceed three (3) years from the date of issuance of occupancy permit by the city. The city council may extend the permit for a temporary building for another three (3) years after conducting a public hearing on the proposal.

“Temporary retail sales”

means a retail trade or service with a business license lasting thirty (30) days or less.

“Townhouse”

means an attached one (1) or two (2) family dwelling having no side yard and sharing a common wall with adjacent dwelling units.

Trade, Retail.

“Retail trade” means the sale or rental of goods and merchandise for final use or consumption.

“Transitional housing”

means a facility operated publicly or privately to provide housing for individuals or families who are otherwise homeless and have no other immediate living options available to them. Transitional housing shall not exceed an eighteen (18) month period per individual or family.

“Tree”

means any living woody plant characterized by one (1) main stem or trunk and many branches, and having a diameter of two (2) inches or more measured at three (3) feet above ground level.

“Undeveloped land”

means a parcel of land which does not have an inhabitable building or where the inhabited buildings occupy no more than three percent (3%) of the total parcel area.

“Urban growth area”

means that area designated by the city’s comprehensive plan as the city’s urban growth area.

“Use”

means an activity for which land or premises or a building thereon is designed, arranged or intended, or for which it is occupied or maintained, let or leased.

Use, Change of.

“Change of use” shall be determined to have occurred when it is found that the general character of the operation has been modified. This determination shall include review of but not be limited to: (1) hours of operation; (2) materials processed or sold; (3) required parking; (4) traffic generation; (5) impact on public utilities; (6) clientele; and (7) general appearance and location.

“Use district”

means an area or district specifically designated so as to group similar and compatible uses together.

Use, Temporary.

“Temporary use” means any activity or structure permitted under the provisions of Sections 15.26.080, 15.28.090, 15.29.090, 15.30.080 and 15.31.080 which is intended to exist or operate for a limited period of time and which does not comply with the development standards and requirements set out in this title as specified for the zoning district in which it is located.

“Vacation rental”

means the use of a dwelling unit or portion thereof as itinerant lodging. See also definition of “itinerant lodging.”

“Variance”

means a waiver of one (1) or more specific physical (rather than use) standards (such as bulk, yard or site coverage) due to the existence of a special condition or hardship that is peculiar to the land, structure or building involved, not created by the property owner. A variance cannot result in a property owner receiving a special privilege.

Vegetation, Shading.

“Shading vegetation” means vegetation planted on the south side of a major creek that generally provides shade from midmorning to midafternoon. Examples of shading vegetation are specified in Chapter 15.47 pertaining to landscaping.

“Vegetative aid”

means bark mulch, gravel and other nonvegetative materials which promote vegetative growth by retaining moisture or preventing weeds. These materials are not a substitute for vegetative cover.

“Veterinary clinic”

means any premises to which animals are brought, or where they are temporarily kept, solely for the purpose of diagnosis or treatment of any illness or injury, which does not have outdoor runs.

“Veterinary hospital”

means any premises to which animals are brought, or where they are temporarily kept, solely for the purpose of diagnosis or treatment of any illness or injury, which may have outdoor runs.

“View”

means an unrestricted angle of vision.

“WAC”

means Washington Administrative Code.

“Walkway”

means a pedestrian access which is within the building side envelope, total building complex or between lots, but not adjacent to or within the right-of-way of a public street.

“Yard”

means the land unoccupied or unobstructed, from the ground upward, except for such encroachments as may be permitted by this title, surrounding a building site.

Yard, Front.

“Front yard” means an open space, other than a court, on the same lot with the building, between the front line of the building (exclusive of steps) and the front property line, including the full width of the lot to its side line.

Yard, Rear.

“Rear yard” means an open space on the same lot with the building between the rear line of the building (exclusive of steps, porches and accessory buildings) and the rear line of the lot, including the full width of the lot to its side lines.

Yard, Side.

“Side yard” means an open space on the same lot with the building between the side wall line of the lot and extending from front yard to rear yard. No portion of a structure shall project into any side yard, except cornices, canopies, eaves or other architectural features, which may project two (2) feet, zero (0) inches.

“Zone”

means the land area designated in the zoning code and on the zoning map for a specific type of development.

“Zoning”

means the regulation of the use of private lands or the manner of construction related thereto in the interest of achieving a comprehensive plan of development. Such regulation shall also govern those public and quasi-public land uses and buildings which provide for proprietary type services for the community’s benefit as contrasted with governmental activities. Governmental activities are encouraged to cooperate under these regulations to secure harmonious city development.

“Zoning lot”

means a tract of land occupied or to be occupied by a principal building and its accessory facilities, together with such open spaces and yards as are required under the provisions of this title, having not less than the minimum area required by this title for a zoning purpose in the district in which such land is situated, and having its principal frontage on a public street of standard width and improvement. A zoning lot need not necessarily coincide with the record lot, which refers to land designated as a separate and distinct parcel on a legally recorded subdivision plat or in a legally recorded deed filed in the records of the county.

“Zoning permit”

means a certificate, issued prior to a building permit, stating that the proposed use is in accordance with the requirements and standards of this title.

(Ord. 627 (part), 1999; Ord. 678 § 3, 2003; Ord. 679 § 2, 2003; Ord. 867 § 1, 2016; Ord. 871 § 2, 2017; Ord. 889 § 1 (App. B) (part), 2019; Ord. 919 § 3, 2021; Ord. 954 § 1 (Exh. A), 2024)

[1]

Editor's Note: The Shoreline master program is included as an attachment to this title.

§ 15.06.010 City council-Powers and duties.

In addition to the powers and duties described in existing city ordinances, the city council is vested with the authority to:

Approve, approve with conditions, or deny applications for subdivision preliminary plat approval, final plat approval, annexations, amendments to the comprehensive plan, amendments to this title, and rezones, after considering the findings and recommendations of the city planner and/or planning commission, except as such power is granted to a hearing examiner under this code;

The city council holds an open public record hearing and an appeal hearing (based on established record in the open public hearing) on project applications that require city council approval;

Base all decisions on criteria established in this title or other applicable laws;

Require any applicant granted final plat approval to deposit an acceptable security with the city and sign a security agreement to assure that the applicant and/or their successors in interest will adhere to the approved plan and all conditions attached to the final plat approval;

Review and act upon any recommendations of the city planner or planning commission for amendments to or revisions of the comprehensive plan or the provisions of this title;

Initiate proceedings for civil infraction violations; and

Perform other duties as outlined in this title.

(Ord. 627 (part), 1999; Ord. 889 § 1 (App. B) (part), 2019; Ord. 932 § 1, 2022; Ord. 954 § 1 (Exh. A), 2024; Ord. 965 § 1, 2025)

§ 15.06.020 Planning commission-Created.

Pursuant to the authority conferred by Chapter 35A.63 RCW, as amended, there is created a city planning commission, consisting of five (5) members appointed by the mayor and confirmed by the city council. The members shall be selected without respect to political affiliations, and they serve without compensation; provided, however, expenses incurred in performing the official duties of the planning commission will be reimbursed subject to prior approval by the council.

The term of office of the members shall be six (6) years. The terms shall expire in the order of one (1) position in each successive year, with one (1) year having no expiring term.

Vacancies occurring other than through the expiration of terms shall be filled for the unexpired terms. Members serve at the pleasure of the mayor and city council and may be removed by the mayor, with the approval of a majority of the city council.

One (1) ex officio member of the city council, hereby known as the planning commission liaison, shall be appointed by the mayor, whose term shall coincide with their term on the council, but who will not have a vote on the planning commission.

If any person or persons on the planning commission concludes that they have a conflict of interest or an appearance of fairness problem with respect to a matter pending before the commission so that they cannot discharge their duties, the member shall disqualify himself or herself from participating in the deliberations and the decision-making process with respect to the matter per RCW 35A.63.020.

(Ord. 627 (part), 1999; Ord. 681 (part), 2003; Ord. 890 § 2, 2019; Ord. 932 § 1, 2022; Ord. 954 § 1 (Exh. A), 2024; Ord. 965 § 1, 2025)

§ 15.06.025 Planning commission-Minutes.

A contracted position is established to provide for the recording, transcribing, and delivery of the minutes of the planning commission meeting to the city clerk.

(Ord. 681 (part), 2003; Ord. 932 § 1, 2022; Ord. 965 § 1, 2025)

§ 15.06.030 Planning commission-Meetings and rules.

The planning commission shall hold meetings as necessary to fulfill their duties as outlined in Section 15.06.040.

The commission shall adopt rules for transaction of business, subject to reviews by the mayor and council, and shall keep a written record of its meetings, transactions, findings and recommendations, which record shall be a public record.

A majority of the membership of the planning commission shall constitute a quorum for the transaction of business. Any action taken by a majority of those present, when those present constitute a quorum, at any regular or special meeting of the planning commission shall be deemed and taken as the action of the commission. A vote of the majority of the planning commission shall be required to recommend the adoption of, or amendment to, a comprehensive plan.

(Ord. 627 (part), 1999; Ord. 681 (part), 2003; Ord. 892 § 2, 2019; Ord. 932 § 1, 2022; Ord. 965 § 1, 2025)

§ 15.06.040 Planning commission-Powers and duties.

The planning commission shall serve in an advisory capacity to the mayor, the council, or both and shall perform each and all of the duties as specified in Chapter 35A.63 RCW, as amended.

The city council may refer to the planning commission, for its recommendation and report, any ordinance, resolution, or other proposal relating to any of the matters and subjects referred to in Chapter 35A.63 RCW, as amended, and the commission shall promptly report to the council thereon, making such recommendations and giving such counsel as it may deem proper.

(Ord. 627 (part), 1999; Ord. 681 (part), 2003; Ord. 904 § 1 (part), 2020; Ord. 932 § 1, 2022; Ord. 965 § 1, 2025)

§ 15.06.045 Planning commission-Downtown revitalization subcommittee.

There is hereby created a subcommittee to the Ilwaco planning commission tasked with engaging business owners and community members to encourage economic development of the downtown core. The subcommittee shall be comprised of five (5) members appointed by the mayor, through recommendations made by the subcommittee and/or planning commission, to serve in an advisory capacity to the planning commission. Members are not required to be a citizen of Ilwaco but will successfully demonstrate to the mayor their affiliation with the city and desire for improvement of its economy. The subcommittee shall meet as necessary. There shall be elected a chair of the subcommittee who shall also serve as a member of the planning commission and report to the commission its activities and recommendations for further action. There shall be no term limits for the subcommittee; however, members will be removed by the mayor for inefficiency or neglect of duty. The duties of this subcommittee shall sunset December 31, 2027, unless otherwise extended by the city council.

(Ord. 932 § 1, 2022; Ord. 965 § 1, 2025)

§ 15.06.050 City planner-Powers and duties.

The city planner or their designee is vested with overall administrative responsibility for this title.

The duties and responsibilities of the city planner include:

Establishing procedures and preparing forms necessary for the administration of this title;

Advising interested citizens and applicants of the regulations and procedures set forth in this title;

Determining that an applicant provides all applications for development and other required materials;

Compiling an official file on each application submitted;

Reviewing all information submitted by an applicant and preparing a report that summarizes their findings, conclusions, and recommendations involving an application;

Submitting the report in subsection B5 of this section to the planning commission, city council, or hearing examiner, depending on the application, for consideration and official action. The city planner will assure that all relevant information and testimony regarding an application is made available to the planning commission and/or city council during their review;

Assuring that proper notice is given to appropriate persons, agencies, and the public for all hearings;

Investigating, developing and proposing amendments to this title as necessary;

Carries out the provisions of the Washington State Environmental Policy Act and is the designated responsible environmental official as defined in Chapter 197-11 WAC;

10.

Seeking remedies for alleged violations of this title, or of violations of conditions of any permit or approval issued by the city; and

11.

Coordinating information with other departments of the city and affected agencies.

(Ord. 627 (part), 1999; Ord. 889 § 1 (App. B) (part), 2019; Ord. 932 § 1, 2022; Ord. 954 § 1 (Exh. A), 2024; Ord. 965 § 1, 2025)

§ 15.08.010 Purpose and applicability.

The purpose of this chapter is to comply with state guidelines for combining and expediting development review and integrating environmental review and land use development plans as required by Chapter 36.70B RCW. The provisions of this chapter apply when processing applications subject to this title, except as specifically exempted by this chapter.

(Ord. 627 (part), 1999; Ord. 919 § 4, 2021)

§ 15.08.020 Administration.

The city planner is responsible for ensuring that the provisions of this title are carried out.

(Ord. 627 (part), 1999; Ord. 919 § 4, 2021)

§ 15.08.030 Exempt actions.

The following actions are exempt from the procedures listed in subsection B of this section:

Zoning ordinance text amendments;

Adoption of or amendment to development regulations;

Area-wide rezones to implement new city policies;

Annexations;

Adoption of or amendment to the comprehensive plan;

Landmark designations;

Street vacations;

Site plan review prior to the issuance of building permits that are exempt from SEPA.

The actions listed in subsection A of this section are exempt from the following procedures:

Determination of completeness;

Notice of application;

Optional consolidated project permit review processing, except as provided in RCW 36.70B.140;

Joint public hearings;

Single report stating all the decisions and recommendations made as of the date of the report that do not require an open record hearing;

Report of decision;

Completion of project review within any applicable time periods (including the one hundred twenty (120) day permit processing time).

(Ord. 627 (part), 1999; Ord. 919 § 4, 2021)

§ 15.08.040 Pre-application conference.

Applicants are encouraged, but not required, to request a pre-application conference with the city planner before submitting an application to discuss requirements and the review process. Any comments concerning the proposed development during the preapplication conference should not be interpreted as approval or denial of the proposal.

If an applicant requests integrated and consolidated permit processing (as described in Section 15.08.050), then a pre-application conference is required.

(Ord. 627 (part), 1999; Ord. 919 § 4, 2021)

§ 15.08.050 Optional consolidated permit processing.

An applicant may request integrated and consolidated review and decision on two (2) or more project permits relating to a proposed project action. This includes a single application review and approval process covering all project permits requested by the applicant for all or part of a project action. This also includes a designated permit coordinator. If an applicant elects the consolidated permit review process, the determination of completeness, notice of application and report of decision must include all project permits being reviewed through the consolidated permit review process.

There are different categories of project permits in the city including:

Proposals that are categorically exempt from Chapter 43.21C RCW, that do not require environmental review or public notice, and that are decided by the city council;

Permits that require environmental review, but no open record predecision hearing, and that are decided by the city council or hearing examiner; and

Permits that require a threshold determination, an open record predecision hearing by the city council or hearing examiner, and a decision by the city council or hearing examiner.

If an applicant requests consolidated permit processing, and a project action requires project permits from more than one (1) category, all of the project permits will be reviewed according to the review procedures that are required for the permit requiring the most review.

Consolidated permit review may include a single open record hearing and no more than one (1) closed record appeal as provided in RCW 36.70B.060.

In consolidated permit review, the decision-making bodies must develop a timeline for permit approval and must jointly conduct a single open record hearing and work together on making the required findings of fact. The decision-making bodies will issue separate reports of decision but will package them together (RCW 36.70B.120).

(Ord. 627 (part), 1999; Ord. 889 § 1 (App. B) (part), 2019; Ord. 919 § 4, 2021)

§ 15.08.060 Project permit application.

Applications for project permits must be submitted upon forms provided by the city. An application must contain all materials required by this title, and must include the following general information:

A completed project permit application form;

A verifiable statement by the applicant that the property affected by the application is in the exclusive ownership of the applicant, or that the applicant has submitted the application with the consent of all the owners of the affected property;

A property and/or legal description of the site for all applications, as required by the applicable development regulations;

Designation of a single person/entity and address to receive determinations and notices required by this chapter;

The applicable fee;

When work is proposed in or near water, a JARPA (joint aquatic resource permit application) form must be submitted;

In order to obtain a building permit for certain uses, applicants must supply evidence of adequate water supply, as required by RCW 19.27.097;

Evidence of sewer availability.

(Ord. 627 (part), 1999; Ord. 919 § 4, 2021)

§ 15.08.070 Determination of completeness.

Within twenty-eight (28) days after receiving a project permit application, the city must mail or give a written determination to the applicant, stating either:

That the application is complete. An application is complete when it meets the procedural requirements of this title as determined by the city planner and is sufficient for continued processing, even though additional information may be required, or project modifications may be undertaken later;

That the application is incomplete and what is necessary to make the application complete. The applicant then has ninety (90) days to submit the information to the city. If the applicant does not submit the required additional information within the ninety (90) day period, the application will lapse. Within fourteen (14) days after an applicant has submitted additional information identified by the city planner as being necessary for a complete application, the applicant must be notified that the application is complete (RCW 36.70B.070).

An application will be deemed complete if the city does not provide a written determination to the applicant that the application is incomplete within twenty-eight (28) days after receiving the application (RCW 36.70B.070).

(Ord. 627 (part), 1999; Ord. 919 § 4, 2021)

§ 15.08.080 Notice of application-Exemptions and requirements.

A notice of application is not required for actions which are categorically exempt from SEPA, or for which environmental review has been completed. This includes:

Application for building permits for buildings that are categorically exempt from SEPA under WAC 197-11-800;

Application for boundary line adjustments;

Application for short subdivision approval;

Variance;

Preliminary SEPA threshold determination (EIS required);

Shoreline exemptions;

Application for site plan review; and

All administrative interpretations.

(Ord. 627 (part), 1999; Ord. 919 § 4, 2021; Ord. 954 § 1 (Exh. A), 2024)

§ 15.08.090 Notice of Application-Contents-Timing-Distribution.

Contents. The notice of application must contain the following information:

The date that the application was received by the city, the date of issue of the determination of completeness, and the date of the notice of application;

A description of the proposed project;

A list of the project permits included in the application;

Identification of other required permits that are not included in the application, to the extent known by the city;

Identification of existing environmental documents and studies that evaluate the proposed project and the location where they can be reviewed;

The dates of the public comment period, which must be not less than fourteen (14) nor more than thirty (30) days following the date of notice of application;

A statement of the right of any person to comment on the application, receive notice of any hearings, submit oral or written comments at any hearings, and request a copy of the decision once made;

A statement of any appeal rights and limitations;

The date, time, place and type of hearing, if applicable and if already scheduled by the date of the notice of application;

10.

The date on which the planning commission will consider the application;

11.

Any other information determined appropriate by the city, in accordance with RCW 36.70B.110.

Timing.

The notice of application must be provided within fourteen (14) days after a determination of completeness.

If any open record predecision hearing is required for the requested project permit(s), the notice of application must be provided at least fifteen (15) days before the open record hearing, in accordance with RCW 36.70B.110.

Distribution.

The notice of application must be published in the official city newspaper (Chinook Observer).

On or before the date that the notice of application is published, the city planner must mail a copy of the notice of application to other known agencies with jurisdiction and the neighboring real property owners within three hundred (300) feet.

The city may erect a sign on the subject property containing the notice (RCW 36.70B.110(4)(a)).

All public comments on the notice of application must be received by the city planner by four p.m. on the last day of the comment period. Comments should be as specific as possible.

The city cannot make a SEPA determination of nonsignificance or issue a decision or a recommendation on a project permit until the end of the public comment period identified in the notice of application. A SEPA determination of significance may be made before the end of the public comment period.

The city may elect to include a proposed determination of nonsignificance in the notice of application.

(Ord. 627 (part), 1999; Ord. 919 § 4, 2021)

§ 15.08.100 Determination of consistency with existing plans and regulations.

Fundamental land use planning choices made in adopted comprehensive plans and adopted development regulations will serve as the foundation for review of project permit applications. During project review, the city must determine whether the items listed in this section are defined in the development regulations applicable to the proposed project or in the comprehensive plan. This determination of consistency includes:

Type of land use permitted at the site, including uses that may be allowed under certain circumstances, such as conditional uses, if the criteria for their approval have been satisfied;

The level of development, such as units per acre, density of residential development in the urban growth area, or other measures of density;

Availability and adequacy of public facilities and services identified in the comprehensive plan, if the plan or development regulations provide for funding of these facilities as required by Chapter 36.70A RCW;

Character of the development (RCW 36.70B.030, RCW 36.70B.040).

If the level of service upon a locally owned transportation facility declines below the standards adopted in the transportation element of the comprehensive plan, there shall be improvements or strategies in place to accommodate the impact of the development and shall be made concurrent with the development. For the purposes of this subsection A5, “concurrent with the development” means that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements within six (6) years as required by RCW 36.70A.070(6)(b).

During project review, the city will not reexamine alternatives to, or hear appeals on, the factors identified in subsection A of this section, except for issues of ordinance interpretation.

The city may determine that the requirements for environmental analysis and mitigation measures in its development regulations, comprehensive plan, and other applicable laws provide adequate mitigation for some or all of a project’s specific adverse environmental impacts.

Nothing in this section limits the authority of the city to approve, approve with conditions, or deny a project as provided in this title and in the city’s SEPA policies. Project review will be used to identify specific project design and conditions relating to the character of development (such as the details of site plans, curb cuts, drainage swales, etc.).

Nothing in this section requires documentation of or dictates the city’s procedures for considering consistency or limits the city from asking more specific or related questions with respect to the factors identified in subsections A1 through 4 of this section.

(Ord. 627 (part), 1999; Ord. 919 § 4, 2021)

§ 15.08.110 Public hearing procedures.

The reviewing authority, be it city council, hearing examiner, or otherwise, will hold no more than one (1) open record hearing in relation to a given project permit application, including a consolidated permit application.

An open record hearing pertaining to project permit application can only occur fifteen (15) or more days after any threshold SEPA determination related to the application is issued.

The city or other reviewing authority may combine a hearing on a project permit with a hearing that may be held by another local, state, regional, federal, or other agency; provided, that the joint hearing is held within the city. The applicant may request that hearings be combined as long as the joint hearing can be held within the time periods specified in Section 15.08.130. Alternatively, the applicant may agree to a different schedule if additional time is needed in order to combine the hearings.

At least fifteen (15) days before a public hearing, the city planner must:

Publish notice of the hearing in the newspaper of legal record; and

Mail notice of the hearing to the neighboring real property owners within three hundred (300) feet.

Notices of public hearings under subsection D of this section must include:

A brief description of the project;

The project location;

The permit(s) required;

The dates of the public comment period, which must be not less than fourteen (14) nor more than thirty (30) days following the date of notice of public hearing;

The time, date and place of the hearing, and closing date for comments;

The location where further information can be obtained; and

A statement of the right of any person to submit oral or written comments at the hearing.

Public hearings must be conducted in accordance with the following procedures:

The city council or hearing body is subject to the Ordinance of Ethics (RCW 35A.42.020), Prohibitions on Conflict of Interest (RCW 35A.42.020 and Chapter 42.23 RCW), the Open Public Meetings Act (Chapter 42.30 RCW), and the Appearance of Fairness Doctrine (Chapter 42.36 RCW), the same as now exist or may later be amended.

The applicant bears the burden of proof and must demonstrate that the application conforms to the applicable elements of the city’s development regulations and comprehensive plan and that any significant adverse environmental impacts have been adequately addressed.

The hearing body may recess a public hearing in order to obtain additional information. Upon recessing for this purpose, the hearing body shall announce the time and date when the public hearing will be resumed.

The agenda of the public hearing will generally observe the following sequence of events:

Determination of disqualification(s) of members of the hearing body. A member of the hearing body who is disqualified must be counted for purposes of forming a quorum. A disqualified member must make full disclosure on the record, must not participate in discussion of the matter, and must abstain from voting on the proposal;

City planner’s presentation, including submittal of any administrative reports. Members of the hearing body may ask questions of the city planner;

Reading of the city planner’s findings of fact;

If applicable, reading of the planning commission’s findings of fact on legislative matters as detailed in Section 15.06.040;

Applicant’s presentation, including submittal of any materials supplementary to the application. Members of the hearing body may ask questions of the applicant;

Testimony or comments by the public relevant to the matter. The chair will prohibit anonymous public comment. Questions from the public directed to the city planner or the applicant will be posed by the chair at its discretion;

Rebuttal, response or clarifying statements by the applicant and the city planner.

For those members of the public who are unable to attend the public hearing but wish to comment, certified letters may be submitted for the record before the public hearing.

(Ord. 627 (part), 1999; Ord. 889 § 1 (App. B) (part), 2019; Ord. 904 § 1 (part), 2020; Ord. 919 § 4, 2021; Ord. 954 § 1 (Exh. A), 2024)

§ 15.08.120 Report of decision-Content-Distribution.

For all permit applications requiring approval by a reviewing authority, the reviewing authority must adopt a single report stating the decision(s) on the permit(s). The report must state applicable findings of fact and conclusions of law. The report will serve as the permit(s). The report must:

State any mitigation required under the development regulations or under the city’s SEPA program. For applications that are not exempt from SEPA requirements, the report must include or append the SEPA threshold determination, if a SEPA threshold determination has not been previously issued;

Describe applicable deadlines for and methods of appeal;

Be provided to the applicant;

Be provided to any person who, before the publication of the report, requested notice of the decision or submitted substantive comments on the application;

Be issued within the time limit described in Section 15.08.130.

For all permit applications which require a report of decision, the city must publish a summary of the report of decision in the city’s official newspaper.

(Ord. 627 (part), 1999; Ord. 889 § 1 (App. B) (part), 2019; Ord. 919 § 4, 2021)

§ 15.08.130 Report of decision-Timing.

Once a project permit application is complete, a final decision must be issued within one hundred twenty (120) days, except as otherwise provided in subsection B of this section. The following periods are excluded in determining the number of days that have elapsed:

Any period during which the applicant has been requested to correct plans, perform required studies, or provide additional required information;

Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to the city’s SEPA ordinance;

Any period during a pending administrative appeal of a SEPA mitigated determination of nonsignificance (MDNS), a determination of nonsignificance (DNS), or of the sufficiency of an environmental impact statement (EIS);

The period from the filing of an administrative appeal under Section 15.08.150 through final disposition of the appeal; and

Any extension of time mutually agreed upon by the applicant and the city.

The time limits established by subsection A of this section do not apply if a project permit application:

Requires an amendment to the comprehensive plan or a development regulation;

Requires approval of the siting of an essential public facility as provided in RCW 36.70A.200; or

Is substantially revised by the applicant, in which case the time period will start from the date at which the revised project application is determined to be complete under Section 15.08.070.

If the city is unable to issue its final decision within the time limits provided in this section, the city planner must give the project applicant written notice of this fact. The notice must include:

A statement of reasons why the time limits have not been met; and

An estimated date for issuance of the final report of decision.

The city is not liable for damages under this chapter if it fails to make a final decision within the one hundred twenty (120) day period following the determination of completeness.

(Ord. 627 (part), 1999; Ord. 919 § 4, 2021)

§ 15.08.140 Administrative interpretation.

Any project permit applicant, Ilwaco resident, owner of real property in Ilwaco, or party of record may request an interpretation of the meaning or application of the city’s development regulations applicable to project permit applications.

All requests for interpretations must be written and concisely identify the issue and desired interpretation.

The city planner must provide a written administrative interpretation within thirty (30) days of receipt of the request.

(Ord. 627 (part), 1999; Ord. 919 § 4, 2021)

§ 15.08.150 Administrative appeals.

Applications filed in accordance with the procedures in the shoreline management program are exempt from the procedures of this section on administrative appeals and Section 15.08.160 on judicial appeals.

Administrative interpretations under Section 15.08.140 and administrative decisions by the city planner may be appealed to the city council by any party of record (also see Section 15.08.170).

A written notice of appeal must be filed with the city council within fourteen (14) days after the date of issuance of the decision or interpretation being appealed. The notice of appeal must identify:

The decision or interpretation being appealed;

The name and address of the appellant and appellant’s standing;

The specific reason(s) why the appellant asserts that the decision is in error; and

The desired outcome or changes to the decision.

An appellant must pay an appeal fee when filing an appeal. The amount of the appeal fee is listed in the city’s current fee schedule.

All appeals related to a given project permit application that was approved or denied by the city planner will be considered by the city council in an open record hearing conducted in accordance with the procedures outlined in Section 15.08.110. The appellant bears the burden of proving the decision was in error.

Within ninety (90) days after an appeal is filed, the city council must write a single report declaring its decision(s) on the appeal(s). The report must be mailed or given to the applicant and to any person who, prior to the adoption of the report, requested notice of the decision. The ninety (90) day time period may be extended upon mutual agreement of all parties to the appeal.

Hearing Examiner Decisions. An aggrieved person who is a party of record to a land use determination subject to review by a hearing examiner may appeal a hearing examiner decision to the Pacific County Superior Court pursuant to Section 15.08.160, or to the appropriate shorelines hearings board or the Growth Management Hearings Board. The appeal must be in writing in accordance with this section and shall be filed with the court clerk within twenty-one (21) calendar days of the date of issuance of the action being appealed.

(Ord. 627 (part), 1999; Ord. 889 § 1 (App. B) (part), 2019; Ord. 919 § 4, 2021)

§ 15.08.160 Judicial appeals.

Judicial appeals are governed by Chapter 36.70C RCW.

(Ord. 627 (part), 1999; Ord. 919 § 4, 2021)

§ 15.08.170 Approval, review and appeal authority.

	Subject to Chapter 36.70B RCW	Required Notification of Neighboring Property Owners	Responsible Official City Planner	Hearing Examiner
Part I - Chapter 15.12 (Environmental Regulations)
SEPA determinations	yes	no	D
Mitigated determination of nonsignificance	yes	yes	D
EIS	yes	yes	D
Shoreline permits
Substantial development*	yes	no	D	A
Statement of exemption*	yes	no	D	A
Conditional use	yes	yes	R	D
Variance	yes	yes	R	D
Part II - Chapter 15.18 (Critical Areas)
Public agency and utility exception	yes	yes	R	D
Reasonable use exception	yes	yes	R	D

Key:	R = Recommendation to higher review authority
	D = Decision
	A = Appeal decision

Notes:
* As defined in the Shoreline Master Program[1].

	Subject to Chapter 36.70B RCW	Required Notification of Neighboring Property Owners	Responsible Official City Planner	Hearing Examiner	Planning Commission	City Council
Part III - Zoning
Conditional use permit	yes	yes	R	D
Variance	yes	yes	R	D
Site-specific zone change that is consistent with comprehensive plan	no	yes	R		R	D
Area-wide zone change that is consistent with comprehensive plan	no	no	R		R	D
Site plan review	yes	yes	R	D
Annexation	no	no	R			D
Comp plan text amendment	no	no	R		R	D
Comp plan map amendment	no	no	R		R	D
Development regulations amendment	no	no	R		R	D
Part IV - Land Division
Short subdivision	yes	no	D			A
Preliminary plat	yes	yes	R			D
Final plat	no	no	R			D
Part V - Miscellaneous
Annexation	no	no	R			D
Boundary line adjustment	no	no	D			A

Key:	R = Recommendation to higher review authority
	D = Decision
	A = Appeal decision

(Ord. 627 (part), 1999; Ord. 919 § 4, 2021; Ord. 954 § 1 (Exh. A), 2024)

[1]

Editor's Note: The Shoreline master program is included as an attachment to this title.

§ 15.08.180 Official files.

After a project permit application is complete according to Section 15.08.070, the city planner will begin compiling an official file on each project permit application filed. An official file contains the following:

The application materials submitted by the applicant;

The city planner's report, which summarizes their findings, conclusions and recommendations involving a project permit application;

Any other staff reports prepared;

All written testimony received on the matter;

The electronic recording and minutes of any public hearing or review on the matter;

The recommendation of the planning commission on the application, if applicable;

The decision of the city council or hearing examiner;

Any other information relevant to the matter; and

Certification of publication of legal notices, a copy of the mailed notification of application, and the date of mailing.

The official file is a public record. It is available for inspection and copying at City Hall during regular business hours. Availability may be temporarily restricted during or before public hearings while staff is preparing for the hearing.

Official files will be kept in accordance with the provisions of Chapter 40.14 RCW (Preservation and destruction of public records).

(Ord. 627 (part), 1999; Ord. 889 § 1 (App. B) (part), 2019; Ord. 919 § 4, 2021; Ord. 954 § 1 (Exh. A), 2024)

§ 15.08.190 Application time limit.

If no action has been initiated by the applicant for a continuous ninety (90) day period, the city may serve notice on the applicant by certified letter that the application will be terminated in thirty (30) days unless the applicant responds by return mail that the application remains an active, ongoing concern.

The city may consider an application to be null and void if no action has been initiated on the application by the applicant for a continuous one hundred twenty (120) day period.

(Ord. 627 (part), 1999; Ord. 919 § 4, 2021)

§ 15.08.200 Application withdrawal and renewal.

The city planner, city council, or hearing examiner, as appropriate, may permit the withdrawal of any application filed under the provisions of this title; provided, that any hearing must be held for which notice has been given.

(Ord. 627 (part), 1999; Ord. 889 § 1 (App. B) (part), 2019; Ord. 919 § 4, 2021)

§ 15.08.210 Application and review fees.

Application and review fees related to the project permit application shall be as established by resolution of the city council plus actual costs.

Actual costs shall refer to all professional and engineering service fees including, but not limited to, engineering fees, actually incurred by the city.

The application fee shall be payable at the time the application is made. Costs shall be payable prior to final approval.

(Ord. 726, 2006; Ord. 919 § 4, 2021)

Ilwaco City Zoning Code

PART I

§ 15.02.010 Title.

§ 15.02.020 Authority.

§ 15.02.030 Applicability.

§ 15.02.040 Purpose and intent.

§ 15.02.050 Minimum requirements.

§ 15.02.060 Interpretation-Language construction.

§ 15.02.070 Computation of time.

§ 15.02.080 Zoning map interpretation.

§ 15.02.090 Right-of-way interpretation.

§ 15.02.100 Withdrawal of applications.

§ 15.02.110 Violations defined.

§ 15.02.120 Permit suspension, revocation, or modification.

§ 15.02.130 Security agreement.

§ 15.02.140 Violations and penalties.

§ 15.02.150 Severability.

§ 15.04.010 Explanation.

§ 15.04.020 Definitions.

§ 15.06.010 City council-Powers and duties.

§ 15.06.020 Planning commission-Created.

§ 15.06.025 Planning commission-Minutes.

§ 15.06.030 Planning commission-Meetings and rules.

§ 15.06.040 Planning commission-Powers and duties.

§ 15.06.045 Planning commission-Downtown revitalization subcommittee.

§ 15.06.050 City planner-Powers and duties.

§ 15.08.010 Purpose and applicability.

§ 15.08.020 Administration.

§ 15.08.030 Exempt actions.

§ 15.08.040 Pre-application conference.

§ 15.08.050 Optional consolidated permit processing.

§ 15.08.060 Project permit application.

§ 15.08.070 Determination of completeness.

§ 15.08.080 Notice of application-Exemptions and requirements.

§ 15.08.090 Notice of Application-Contents-Timing-Distribution.

§ 15.08.100 Determination of consistency with existing plans and regulations.

§ 15.08.110 Public hearing procedures.

§ 15.08.120 Report of decision-Content-Distribution.

§ 15.08.130 Report of decision-Timing.

§ 15.08.140 Administrative interpretation.

§ 15.08.150 Administrative appeals.

§ 15.08.160 Judicial appeals.

§ 15.08.170 Approval, review and appeal authority.

§ 15.08.180 Official files.

§ 15.08.190 Application time limit.

§ 15.08.200 Application withdrawal and renewal.

§ 15.08.210 Application and review fees.