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Napavine City Zoning Code

CHAPTER 17

28 - C AND C-1 DISTRICTS

17.28.010 - Intent.

This district is intended to provide a full range of commercial and industrial services to the community by providing the more common, everyday goods and service to the residents, tourist and other transient highway uses of the immediate area and a structured review process for nonnoxious industrial uses. Off-street parking and loading are required as well as mitigation through site or structure design of adverse impacts on the adjacent neighborhoods or the community.

(Ord. 264 § 4 (part), 1998: Ord. 163 § 4.4.1, 1989)

17.28.020 - Permitted uses and structures.

Permitted uses and structures in the C-1 zone are as follows: all commercial uses conducted within an enclosed building; professional offices for attorneys, dentists, doctors, engineers, accountants, real estate brokers, restaurants, cafes and other eating establishments, and uses of similar and compatible nature. Motels, hotels, apartments and recreational vehicle parks are permitted in this zone as planned unit developments. Facilities for managers, caregivers, and uses of similar and compatible nature allowed, subject to planning commission review and council approval. It is specifically provided for in this section that the property, commonly known as tax parcels 17875-7-3, 17875-7-4 and 17875-5 (which are within a C-1 district) shall be allowed to have uses permitted in the building to the standards of single-family residential, multifamily residential and mobile home parks.

(Ord. 371 §§ 1, 2, 2004: Ord. 369 § 1, 2004: Ord. 276 § 2, 1999: Ord. 264 § 4 (part), 1998: Ord. 163 § 4.4.2, 1989)

(Ord. No. 371A, § 1, 12-9-14; Ord. No. 634, § 1, 10-20-22)

17.28.030 - Permitted accessory uses and structures.

Permitted accessory uses and structures in the C-1 zone are as follows:

A.

Any use or structure customarily accessory to permitted uses shall be permissible.

B.

On-site hazardous waste treatment and storage facilities that are directly associated with principal uses; provided, that such facilities comply with the state siting criteria contained in RCW 70.105.210 and WAC 173-303-282, or their successors.

(Ord. 200 § 2, 1992: Ord. 163 § 4.4.3, 1989)

17.28.040 - Conditional uses.

After hearing and attachment of conditions, the following uses are permitted: production of items sold on the premises, including small scale production, sewn or woven articles, quilting, ceramics, and similar small scale craft items, garden supply stores, automobile service stations, boarding houses, horticultural nurseries, kennels, stables, and pet shops, and other uses later deemed to be conditional by the board of adjustment. Industrial uses of non noxious industry are permitted in this zone as a planned unit development subject to approval by the planning commission. Such industries do not produce noise, odor, smoke, fumes, or other nuisances. Examples include any research, experimental, testing, assembling, manufacturing, compounding, or other activity which is conducted inside a completely enclosed building, except for parking and loading, which creates absolutely no nuisance or pollution which has any effect beyond the confines of the building.

(Ord. 292 § 1, 2000: Ord. 264 § 4 (part), 1998: Ord. 163 § 4.4.4, 1989)

(Ord. No. 634, § 1, 10-20-22)

17.28.045 - Conditional use conditions.

The planning commission shall review the following in identifying appropriate conditions for the proposed use:

A.

Napavine comprehensive plan and zoning requirements review for applicable requirements for signage, light and glare, landscape buffering, parking circulation, critical areas and aquifer protection;

B.

Public facilities impacts such as water, sewer and drainage requirements;

C.

Prior department comments, after inspection, for fire safety requirements and fire flow concerns, if any; and

D.

City police department comments for nuisance, health and safety concerns.

(Ord. 292 § 2, 2000: Ord. 264 § 4 (part), 1998)

17.28.050 - Permitted dimensions.

Permitted dimensions in the C-1 zone are as follows:

A.

Minimum lot size, five thousand square feet;

B.

Minimum lot front, thirty feet;

C.

Maximum lot cover, one hundred percent, including parking and buffer zones;

D.

Minimum front yard depth, none;

E.

Minimum side yard depth, none, except a fifteen foot buffer where adjacent to a residential district;

F.

Minimum rear yard depth, none, except a twenty-five foot buffer where adjacent to a residential district;

G.

Maximum building height, fifty feet, or thirty-five feet when lot adjacent to any residential district.

(Ord. 163 §§ 4.4.5— 4.4.11, 1989)

17.28.055 - Development standards.

A.

In addition to any other requirements, the development of all parcels in the C or C-1 zones shall be required to:

1.

Meet all minimum construction standards outlined in the WSDOT Standards.

2.

Resemble, match, and be cohesive with any and all improvements on contiguous or adjacent parcels; i.e. sidewalks, culverts and driveways, curbs, and gutters.

B.

In addition to any other requirements, the development of parcels parallel to Rush Road may be allowed to install a culvert and a driveway to obtain access to Rush Road.

C.

The Napavine City Council shall have the final authority to determine whether a development shall be required to install curbs and gutters, sidewalks, and streetlights and the city council may waive any other standard set forth herein as allowed by law. Provided however, a person must first exhaust all administrative remedies prior to applying directly to the city council.

(Ord. No. 627, § 1, 11-23-2021)

17.28.060 - Prohibited uses.

A.

The following are prohibited uses for the C and C-1 districts:

1.

Marijuana producing.

2.

Marijuana processing.

3.

Marijuana retailing or marijuana retailers.

B.

Each lot line of any the following new or expanding uses for the C and C-1 districts must be located one-half mile or more from any lot line of any school:

1.

Gas stations.

2.

Convenience stores.

3.

Automobile service stations.

4.

Industrial specialties shops.

5.

Commercial auto/industrial/farm equipment sales.

6.

Tire shop.

7.

Mechanic shops/engine repair shops.

8.

Hazardous materials storage.

C.

Section 17.28.060(B) shall not apply to those parcel owners who obtain a special zoning permit under Chapter 17.80 of the Napavine Municipal Code.

(Ord. No. 537, § 5, 2-10-15; Ord. No. 622, § 1, 7-27-2021)

17.28.070 - Fences, walls, and hedges.

A.

Fences within any street setback area shall be limited to:

1.

Forty-two inches high above adjacent grade if the fence is more than fifty percent opaque;

2.

Forty-eight inches high above adjacent grade if the fence is fifty percent or less opaque.

B.

Fences which are not located within any street setback area shall be limited to six feet high above adjacent grade.

C.

No residential fence shall contain barbed wire, broken glass, electricity, or any other hazardous material or substance.

D.

Where a legally established use exists requiring the containment of farm animals or livestock, barbed wire or an electric fence may be used; provided, that such fence is set back more than twenty feet from any public right-of-way or public property and more than three feet from any adjacent private property, and warning signs are posted consistent with NMC 17.62.070(V).

E.

Retaining walls shall be located entirely upon private property except where required by the public works director to protect public property.

F.

A retaining wall shall not project higher than six inches above the higher adjacent grade except when it is a structural element of a building or structure.

G.

Retaining walls which are higher than four feet from the bottom of the footing to the top of the wall shall comply with all applicable provisions of the building code, including, but not limited to, permit requirements.

H.

Retaining walls which serve as a structural element of any building or structure shall comply with all of the applicable provisions of the building code.

I.

A hedge shall comply with the requirements for a fence; provided, hedges which are not located within a street setback, and do not otherwise constitute a traffic visibility obstruction on any right-of-way or alley, or any public nuisance condition, are not limited in height.

(Ord. No. 614, § 4, 10-13-20)