A.

Chimneys, cornices, canopies, eaves, and similar architectural features may project into any required yard only to the extent permitted by the building code.

B.

Fire escapes and outside stairways, which are not roofed or otherwise enclosed, may project not more than six feet into any required front yard, not more than three feet into any required side yard, and not more than ten feet into any required rear yard. A guard rail shall be provided at or around such stairs and landing places.

C.

Sight obscuring fences, walls, or hedges within a required front yard, or side yard, adjacent to a street, shall not exceed three feet in height. Open rail fences and non-sight obscuring fences, where solid members do not constitute more than one-third of the total surface area of such fence, located within a required front yard or side yard adjacent to a street, shall not exceed four feet in height.

D.

Fences, walls, and hedges located within a required interior side yard or required rear yard shall not exceed six feet in height. When such fence, wall, or hedge is closer than five feet to any off-premises dwelling, a conditional use permit shall be required to determine the effect upon that dwelling. Fences, walls, and hedges located within the buildable portion of a lot shall not exceed six feet in height in residential districts. In commercial and industrial districts, fences and walls shall not exceed eight feet and shall not obstruct visibility at points of ingress and egress.

E.

Limitations on height shall not be deemed to prohibit safety or security fences of any height necessary for public playgrounds, public utilities, and other public institutions.

F.

The provisions of subsections C, D and E of this section are subject to modification pursuant to the conditional use procedure and subject to obtaining a conditional use permit.

(Ord. 709 § 1 (part), 2004)

Uses and structures in all zoning districts shall meet the following health and safety performance standards:

A.

The intensity of sounds emitted by any use to adjacent properties shall not exceed the levels stated in Chapters 173.60 and 173.62, Washington Administrative Code, as now promulgated or hereafter amended or succeeded.

B.

All exterior lighting fixtures in parking areas and driveways shall utilize cutoff shields or other appropriate measures to conceal the light source from adjoining uses and rights-of-way. Other lights shall be designed to avoid spillover glare beyond the site boundaries.

C.

Chapter 70.105, Revised Code of Washington, shall govern the use and/or storage of hazardous substances in all districts. All hazardous substances shall be stored and/or transported in approved containers that prevent any leakage to the air, earth, and/or surface or groundwater.

D.

No use shall generate vibrations or concussions detectable on other parcels without the aid of instruments, except during periods of construction.

(Ord. 709 § 1 (part), 2004)

A.

Towers, gables, scenery lofts, cupolas, water tanks, mechanical appurtenances, antennas, and similar structures attached to a building may exceed the maximum height limitation of a district may be no more than fifteen feet and shall cover no more than fifteen percent of the area of the building. Heights above the established height limitations of any district may exceed this limitation after securing a conditional use permit.

B.

Freestanding chimneys, water tanks, civil defense sirens, flagpoles, monuments, radio or TV antennas, personal wireless facilities, government or public utility structures, and similar structures may exceed the maximum height limitation of a district after securing a conditional use permit.

(Ord. 709 § 1 (part), 2004)

Freestanding canopies shall meet the following requirements:

A.

Except as provided in subsection F of this section, the location of freestanding canopies are not allowed in the front yard or within five feet from the rear and side lot lines; provided, however, that freestanding canopies may not locate closer than fifteen feet to a side lot line that abuts a street;

B.

Without the approval of the city council obtained in the manner set forth in subsection D of this section, the total floor area of all freestanding canopies on a lot shall cover no more than ten percent of the lot's surface area;

C.

Freestanding canopies shall not exceed fifteen feet in height at the peak;

D.

Except as otherwise allowed pursuant to subsection F of this section, there shall be no more than two allowed upon any lot without the prior approval of the city council, that approval being sought through the submission of a written request filed with the clerk-treasurer and considered by the council at a regular meeting;

E.

Except for intermittent use as a site for entertainment, such as dining or musical events, it shall not be utilized for housing of humans. No unit shall be in place for more than one hundred eighty days in any twelve-month period;

F.

Freestanding canopies may be utilized for entertainment or dining purposes, when associated with a commercial enterprise normally providing such services in and from permanent structures upon the lot. In such circumstances, (1) they may be located in the front yard area of the lot so long as they are no closer than five feet to the front or side lot lines and (2) more than one may be erected on any lot without obtaining the approval required pursuant to subsection A of this section so long as no more than one such canopy remains erected on the lot for a period of more than five days;

G.

No freestanding canopy shall be installed upon a lot and remain in place for more than four days in any calendar quarter without receiving a placement permit from the building official. The fee for that permit shall be as established by action of the city council.

(Ord. 709 § 1 (part), 2004)

A.

Removal and grading of five hundred cubic yards or less of earth or topsoil is permitted on any construction or development site. Where more than five hundred cubic yards of earth material will be removed or graded, a conditional use permit shall be required.

B.

The application for a conditional use permit shall include a map at a scale of one inch equals four hundred feet showing transportation ways, utility lines, existing topography, access roads, and property lines. A second map included with the application shall show the extent of the proposed excavation and final grading.

(Ord. 709 § 1 (part), 2004)

A.

All new land uses, buildings, or structures shall provide the required number of off-street parking spaces according to the table under subsection D of this section. In the event that a fraction results when calculating the required number of off-street parking spaces, the result shall be rounded up to the next whole number.

B.

Any expansion of an existing structure shall provide the required number of off-street parking spaces according to the table under subsection D of this section only for total area involved in the expansion.

C.

Any change in use within an existing structure shall provide the required number of off-street parking spaces according to the table under subsection D of this section.

D.

Table of required parking spaces.

E.

Structures in the C-1 district that existed before the adoption of the ordinance codified in this chapter are exempt from the subsection D of this section except under the following provisions:

1.

Any expansion of an existing structure shall provide for the required number of parking spaces only for the total area involved in the expansion; and

2.

No structure with off-street parking may reduce the number of spaces it has available below the requirements of subsection D of this section.

F.

Off-street parking ratios expressed as the number of spaces per square feet means the useable or net square footage of floor area, exclusive of nonpublic areas. Nonpublic areas include building maintenance areas, closets, or restrooms. If the formula for determining the number of off-street parking spaces results in a fraction, the number of off-street parking spaces shall be rounded up to the nearest whole number.

G.

An applicant may request a modification of the minimum required number of parking spaces for a new or enlarged use by providing a written report submitted to the administrator that substantiates that a reduced parking requirement can meet parking demand. In such cases, the administrator may approve a reduction of the minimum required number of spaces.

H.

The location of all off-street parking required by subsection D of this chapter shall be on the same parcel for the use it serves. The administrator may authorize the location of required parking spaces other than on the site of the use if the alternate site:

1.

Is in a commercial or industrial land use district;

2.

Is within five hundred feet of the use;

3.

Has a safe and convenient route for pedestrians;

4.

Has assurance in form of a deed, lease, contract, or other similar document that the required spaces will continue to be available for off-street parking use; and

5.

Meets the requirements of subsection J of this section if the location is a joint-use off-street parking lot.

I.

An applicant may request the city for use of any city owned off-street parking lot to meet the off-street parking requirements of subsection D of this section.

J.

The administrator may approve the owners of two or more uses, structures, or lots to jointly use the same parking area provided that:

1.

The hours of operation do not overlap or the joint parking area contains a sufficient number of spaces to meet the parking space requirements of all owners; and

2.

Satisfactory legal evidence exists in the form of a deed, lease, contract, or similar document that secures full access to such parking for all parties jointly using them.

K.

The following design standards shall apply to all parking areas except for single-family dwellings and designated manufactured homes:

1.

All parking areas shall provide for the turning, maneuvering, and parking of all vehicles on the lot. It shall be unlawful to locate or construct any parking area so that use of the space requires a vehicle to back into a public street.

2.

Parking spaces shall meet the following requirements:

a.

At least seventy percent of the required off-street parking spaces shall have a minimum width of nine feet and a minimum length of eighteen feet;

b.

Up to thirty percent of the required off-street parking may have a minimum width of eight feet and minimum length of fifteen feet to accommodate compact automobiles;

c.

The minimum length of a parallel parking space shall be twenty-three feet;

d.

Space dimensions shall be exclusive of access drives, aisles, ramps, or columns; and

e.

No parking spaces shall be within the clear vision triangle.

3.

Aisle width shall be not less than:

a.

Twenty-five feet for ninety degree parking;

b.

Twenty feet for less than ninety degree parking; and

c.

Twelve feet for parallel parking.

4.

All parking spaces required to have a hard surface shall be clearly striped. Compact spaces shall be clearly marked "COMPACT."

5.

Parking areas with four or fewer spaces shall have a surface with gravel, or better material, and maintained so that no bare earth or mud forms. The parking area owner shall maintain it free of weeds, trash, and debris.

6.

Parking areas for five or more vehicles, including access driveways and aisles, shall have a hard surface and storm water disposal improvements that meet Chapter 13.30 of this code. The parking area owner shall maintain it free of weeds, trash, and debris.

7.

Off-street parking areas sharing a common boundary with a residential property shall erect a sight obscuring buffer no less than five feet in height to stop the glare of headlights.

8.

Lighting for off-street parking areas shall be no greater than twenty feet in height and directed, hooded, or shielded so that the lamp is not visible from adjacent residential properties or public streets.

9.

Off-street parking areas shall include parking for people with physical disabilities in compliance with Chapter 70.92 RCW and the Uniform Building Code.

(Ord. 709 § 1 (part), 2004)

(Ord. No. 842, § V, 5-23-2018)

A.

Hospitals, housing for the elderly, light or heavy industries, life care facilities, medical clinics, retail sales, self-storage facilities, warehouses, and wholesale sales shall provide off-street loading in accordance with the minimum requirements:

1.

Buildings containing ten thousand to twenty-five thousand square feet of floor area shall provide one loading berth.

2.

Buildings containing more than twenty-five thousand square feet of floor area shall provide at least two loading berths.

B.

Hotels, motels, restaurants, bars, cocktail lounges, taverns, and community centers shall provide off-street loading in accordance with the minimum requirements:

1.

Buildings containing twenty thousand to fifty thousand square feet of floor area shall provide one loading berth.

2.

Buildings containing more than fifty thousand square feet of floor area shall provide at least two loading berths.

C.

Off-street loading areas shall meet the following design requirements:

1.

Each loading berth shall be at least ten feet wide and forty-five feet long; and

2.

Loading berths shall be located entirely on the property they serve and shall not depend on parking spaces or a public street to serve as a maneuvering area.

(Ord. 709 § 1 (part), 2004)

A.

Buffers and screens may be a requirement as a condition for a development permit to reduce impacts created by light, glare, and noise on adjacent and area properties. The width of buffers or screens may vary to account for natural features, volumes, proposed setbacks in design, or other factors. The general rule is that the more intensive the proposed use and its potential for adverse impacts on adjacent or area properties, the large the buffer or screen may be required.

B.

The land area of all buffers and/or screens consisting of planted materials shall sufficiently serve its purpose within six months of planting and the lot owner shall properly maintain it for as long as the use creating the impact continues. All screens shall be of sufficient height to ensure that the proposed use mitigates light, glare, and noise impacts.

(Ord. 709 § 1 (part), 2004)

A.

Scope and Purpose: This chapter establishes regulations governing the installation, alteration, relocation, maintenance, use and removal of all signs in the city. It is recognized that the businessperson's right to identify their business contributes to the economic well-being of the community; however, that right should be exercised in a way as to bring benefit to the businessperson without affecting the welfare of the public. In general, this city takes the view that signs should be scaled to the building and property frontage to which the sign is related. The purpose of these regulations is to accomplish the following:

1.

Promote the free flow of traffic and protect pedestrians and motorists from injury and property damage caused by, or which may be fully or partially attributable to, cluttered, distracting, and/or illegible signage;

2.

Prevent property damage, personal injury, and litter from signs which are improperly constructed, poorly maintained, or of flimsy materials;

3.

Provide consistent sign design standards;

4.

Prevent visual clutter and provide an improved visual environment for the citizens of and visitors to the city; and

5.

Enable the fair and consistent enforcement of these sign regulations.

B.

Sign Definitions:

1.

"Abandoned sign" means a sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product or activity, or for which no legal owner can be found.

2.

"Commercial sign" means a sign erected for a business transaction or advertising the exchange of goods and services.

3.

"Construction sign" means any sign used to identify the architects, engineers, contractors or other individuals or firms involved with the construction of a building, or to announce the character or type of building.

4.

"Flashing sign" means a sign or a portion thereof which changes light intensity or switches on and off in a constant pattern, or contains motion or the optical illusion of motion by use of electrical energy.

5.

"Freestanding sign" means a permanent pole, ground or monument sign attached to the ground and supported by uprights or braces attached to a foundation in the ground and not attached to any building.

6.

"Permanent sign" means a sign constructed of weather-resistant material and intended for permanent use and that does not otherwise meet the definition of "temporary sign." Wall mounted sign holders designed for insertion of signs and posters shall be considered permanent signage and subject to all standards of Chapter 17.28.090 MMC.

7.

"Portable sign" means any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported. Portable signs include, but are not limited to, signs designed to be transported by means of wheels, A-frame signs, menu and sandwich board signs, and advertising flags.

8.

"Projecting sign" means any sign, other than a flat wall sign, which is attached to and projects more than twelve inches from a building wall or other structure not specifically designed to support the sign.

9.

"Roof sign" means any sign erected over or on the roof of a building or attached to the wall of a building and extending above the roofline.

10.

"Sign" means any device, structure, fixture, placard, painted surface, awning, banner or balloon using graphics, lights, symbols and/or written copy designed, used or displayed for the purpose of advertising, informing, identifying, attracting attention to, or promoting the interest of any person, institution, business, event, product, goods or services; provided, that the same is visible from a street, way, sidewalk, or parking area open to the public.

11.

"Sign area" means the entire area of a sign on which copy is to be placed. Sign structure, architectural embellishments, framework and decorative features which contain no written or advertising copy shall not be included. Sign area shall be calculated by measuring the perimeter enclosing the extreme limits of the module or background containing the advertising or identifying message; provided, that individual letters using a wall as the background, without added decoration or change in wall color, shall have a sign area calculated by measuring the smallest rectangle enclosing each letter and totaling the square footage thereof. For double-faced signs, total sign area shall be calculated by measuring only one face.

12.

"Sign height" means the vertical distance from grade to the highest point of a freestanding sign or any vertical projection thereof, including its supporting columns. Grade shall be determined by taking the average elevation at finished grade for the midpoints of the four sides of the smallest rectangle that will enclose all area which is within a five-foot horizontal radius of the sign and its supporting structure.

13.

"Temporary sign" means any sign that is intended and designed to be displayed for a limited period of time, including, without limitation, a sign that is not permanently mounted, painted or otherwise affixed, excluding portable signs as defined by this chapter, including any poster, banner, placard, stake sign or sign not placed in the ground with concrete or other means to provide permanent support, stability and rot prevention. Temporary signs may only be made of nondurable materials including, but not limited to, paper, corrugated board, flexible, bendable or foldable plastics, foamcore board, vinyl canvas or vinyl mesh products of less than twenty-ounce fabric, vinyl canvas and vinyl mesh products without polymeric plasticizers and signs painted or drawn with water soluble paints or chalks. Signs made of any other materials shall be considered permanent and are subject to the permanent sign regulations of Chapter 17.28.090 MMC.

C.

General Requirements:

1.

The construction and placement of all signs shall conform to the International Building Code and be pre-approved by the city council and/or staff.

2.

No sign shall obstruct or impair access to a public sidewalk, public or private street or driveway, traffic control sign, bus stop, fire hydrant, bench or any type of street furniture, or otherwise create a hazard.

3.

For signs that meet the definition of more than one sign type, the public works director shall determine which standards apply based on the sign's function, location and orientation.

4.

Prohibited Signs. The following signs are prohibited:

a.

Signs or sign structures which by coloring, shape, design or location resemble or conflict with traffic control signs or devices;

b.

Signs that create a safety hazard for pedestrian or vehicular traffic, as determined by the director of public works or the city building official:

c.

Signs attached to public property without permission of the government agency owning the same, including, without limitation, trees, utility poles, streetlights:

5.

Maintenance. All signs and components thereof must be maintained in good repair and in a safe, neat, clean and attractive condition.

6.

Abandoned Signs-Hazardous Signs. Abandoned signs shall be removed by the owner or lessee of the premises upon which the sign is located within six months of abandonment. Signs which constitute a safety hazard to the public shall be removed or made safe immediately.

7.

Sign Enforcement-Violations-Penalties.

a.

Enforcement. The public works director, or the public works director's designee, shall have authority to administer, implement, and enforce this chapter. The public works director or public works director's designee may promulgate regulations consistent with this chapter. The authority of the public works director is not exclusive and is concurrent to another's lawful authority to enforce the provisions of this chapter, including, without limitation, the jurisdiction of the McCleary police department to enforce provisions of this code.

b.

Violations. It is a violation of this chapter to fail to comply with or to be in conflict with any provision of this chapter. It shall be a separate offense for each and every day during which any violation of any of the provisions of this chapter is committed, continued, or permitted.

c.

Penalties.

A.

Any person, firm, corporation, or association or any agent thereof who violates any of the provisions of this chapter shall be subject to the provisions of Chapter 1.20 MMC.

B.

Any violation of any provision of this chapter constitutes a public nuisance which the city can abate by an action in county superior court. The costs of such action shall be taxed against the violator.

C.

Penalty and enforcement provisions provided in this chapter are not exclusive, and the city may pursue any remedy or relief it deems appropriate.

d.

Removal. Signs not meeting the requirements of this chapter are subject to removal by the city. This includes the following:

A.

Signs located on public property that create an immediate threat to the safety of the public.

B.

Signs that create an imminent danger to persons or property.

C.

Signs placed in the public right-of-way that do not meet the requirements of this chapter.

D.

Unauthorized signs placed on any utility pole, public property, public building or public structure, or on any traffic sign.

E.

Temporary signs placed within the public right-of-way that may otherwise be allowed by this chapter, but which are in a degraded or dilapidated state due to age, exposure to the elements, or damage may be removed by the city. This includes signs that are illegible.

F.

The public works director or his/her designee will attempt to contact the owner after removal of signs. The owner may contact the public works director or his/her designee to retrieve any signs removed. Failure to retrieve within fourteen days from date of removal will result in disposal by the city. The city shall not be responsible for damages or loss incurred during the removal or storage of any sign.

8.

Sign Owner Responsibility. By installing any sign in the City of McCleary, the owner of the sign acknowledges responsibility for compliance with this chapter, for the safety of the sign, and for any and all damage to property or injury to persons resulting from the sign.

9.

Compliance. All existing signs within the city which are not in compliance with the requirements of this chapter upon the effective date of the ordinance codified in this title are considered to be nonconforming signs. Nonconforming signs shall be made to conform with the requirements of this section under the following circumstances:

a.

Signs which do not conform with the requirements of this section shall be removed within sixty days of the effective date of this title or, if located within an area being annexed to the city, within sixty days of the effective date of annexation, whichever is later.

b.

Whenever any modification is to be made to the structure, frame or support of any nonconforming sign, such nonconforming sign shall be removed or brought into conformance with this title. Adding a new sign face to a nonconforming sign which does not modify the shape, size or any structural element of a nonconforming sign shall be permitted.

c.

Whenever the facade of a building upon which is located a nonconforming wall sign or nonconforming projecting sign is remodeled or renovated, all nonconforming wall signs located on the portion of the facade being renovated shall be brought into conformance with this chapter.

D.

Sign Type Standards:

1.

Freestanding Signs. The following regulations shall apply to all freestanding signs:

a.

Location. Freestanding signs shall not be located within the public right-of-way.

b.

Identification Signs for Residential Development. Each entrance to a subdivision development or manufactured home park may have a freestanding or fence-mounted identification sign up to thirty-two square feet in area. The height of such signs shall not exceed four feet.

c.

Freestanding signs must have a substantial base that is at least half as wide and thick (measured horizontally) as the sign itself.

2.

Portable Signs. The following regulations shall apply to all portable signs:

a.

Portable signs shall not exceed nine square feet per side.

b.

No more than one portable sign may be displayed per entity.

c.

Signs shall be located directly in front of the sponsoring entity during business hours only.

d.

Signs shall be located so as not to create a traffic safety hazard by obstructing the vision of motorists on private property or public right-of-way.

e.

Owners of such signs shall assume liability for damage or injury resulting from their use and shall provide the city with an appropriate legal document satisfactory to the city attorney holding the city harmless and indemnifying the city for such resulting loss and/or injury.

f.

Portable signs shall be nonilluminated.

3.

Projecting Signs. The following regulations shall apply to all projecting signs:

a.

Projecting signs shall not extend more than five feet above the highest exterior wall of the building it serves or, if mounted on the roof ridge line more than two feet above that ridge line.

b.

Projecting signs shall not be located directly over windows or in conflict with other signs or architectural features of the building as determined by the city.

c.

Projecting signs in the C-1 and C-2 districts and authorized by the city shall extend no closer than two feet to the edge of the roadway and provide a minimum clearance of ten feet from the highest existing grade.

4.

Temporary signs. The following regulations shall apply to all temporary signs:

a.

All temporary signs shall be removed within thirty days following the event or activity being promoted.

b.

Temporary Signs in Public Right-of-Way.

A.

Temporary signs may be located in the right-of-way when they conform with the requirements of this chapter. Temporary signs shall not be located in right-of-way adjacent to public property owned or under the control of a unit of federal state or local government. or special purpose district such as a school park, public utility, port or library district unless otherwise approved by the unit of government or special purpose district.

B.

All temporary signs shall be placed in a manner that is safe for all users of public right-of-way. Temporary signs shall not block access to structures or parked cars, and shall not block vehicular sight distance at comers or intersections.

C.

Temporary signs shall only be placed in the right-of-way if the sign owner has permission from the owner of the abutting property.

D.

Temporary signs located in city maintained rights-of-way are subject to temporary removal by the city upon the need to conduct work.

(Ord. 709 § 1 (part), 2004)

(Ord. No. 749, § I, 7-25-2008; Ord. No. 890, § II, 5-22-2024)