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.

G.

Multifamily structures are required to provide landscaping, concrete sidewalks, paved parking spaces (asphalt or concrete) and enclose garbage areas. The minimum roof pitch shall 4/12.

(Ord. 560 § 2(part), 2007).

(Ord. No. 574, § III, 11-23-2009)

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 WAC Maximum Environmental Noise Levels Chapters 173.60 and Motor Vehicle Noise Performance Standards 173.62, 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.

RCW Hazardous Waste Management Chapter 70.105 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 ground water.

D.

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

(Ord. 560 § 2(part), 2007).

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. 560 § 2(part), 2007).

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 city 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 twelvemonth 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 thirty 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. 560 § 2(part), 2007).

A.

Removal and grading of two hundred cubic yards or less of earth or topsoil is permitted on any construction or development site. Where more than two hundred cubic yards of earth material will be removed or graded, a conditional use permit shall be required. No more than one event of up to two hundred cubic yards of material is permissible in a three hundred sixty-five day period without a permit.

B.

The application for a conditional use permit shall include a map at a scale of one inch equals forty 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. 560 § 2(part), 2007).

A.

All new land uses, buildings, or structures shall provide the required number of off-street parking spaces according to the table under 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 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 this section.

D.

Structures in the commercial district that existed before the adoption of the ordinance codified in this title are exempt from Table 17.24.060-1 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 Table 17.24.060-1 of this section.

E.

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.

F.

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.

G.

The location of all off-street parking required by Table 17.24.060-1 of this section 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 I of this section if the location is a joint-use off-street parking lot.

Table 17.24.060-1. Table of Required Parking Spaces.

H.

An applicant may request the city for use of any city owned off-street parking lot to meet the off-street parking requirements of Table 17.24.060-1 of this section.

I.

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.

J.

All parking areas, except for single-family dwellings and designated manufactured homes, shall conform to the design standards for parking as adopted by resolution by the city council and provided by the administrator.

(Ord. 560 § 2(part), 2007).

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. 560 § 2(part), 2007).

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 larger 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. 560 § 2(part), 2007).

The construction and placement of all signs shall conform to the requirements of applicable development standards and ordinances adopted by the city.

(Ord. 560 § 2(part), 2007).

(Ord. No. 573, § II, 1-26-2009)

Permitted signs within the C or commercial district are limited to:

A.

Unilluminated signs not exceeding a total area of thirty-two square feet and not more than two in number, pertaining to the sale, lease, or rental of commercially-zoned land;

B.

Public service signs subject to obtaining a conditional use permit. Such signs shall not be subtracted from the property's allowable advertising area;

C.

Appurtenant signs with:

1.

A maximum total face area of sixty-four square feet with no more than thirty-two square feet on any one face, and

2.

A maximum height of thirty feet above grade or if located upon a structure, eight feet above the ridge line of the roof of the structure;

D.

Signs projecting over public rights-of-way provided they:

1.

Not exceed sixty-four square feet in total face area with no more than thirty-two square feet on any one face,

2.

Are non-rotating.

3.

Are no closer than fourteen feet to the ground unless attached to the underside of a projecting canopy, in which case the sign shall not exceed six square feet and be not closer than nine feet to the ground, and

4.

Not to exceed more than eight feet over the public way nor come closer than two feet to the edge of the motor-traveled way or the edge of the curb marking the street side edge of the sidewalk, whichever shall provide the greater separation from the roadway;

E.

Plans for any projecting signs or free-standing signs higher than twenty feet shall be reviewed and approved by the city engineer;

F.

Appurtenant signs shall be lighted only by a unit or group of units with not more than 1.25 times the intensity of other lighting units within the same advertising area. On-and-off units shall be on at least one second and off at least one second. One and two point flashers are not permitted.

(Ord. No. 573, § II, 1-26-2009)

Permitted signs within the I or industrial district are limited to:

A.

Unilluminated signs not exceeding a total area of thirty-two square feet and not more than two in number, pertaining to the sale, lease, or rental of industrially-zoned properties;

B.

Public service signs subject to obtaining a conditional use permit. Such signs will not be subtracted from the property's allowable advertising area;

C.

Appurtenant and non-appurtenant signs with:

1.

A maximum area of total face area sixty-four square feet with no more than thirty-two square feet on any one face, and

2.

A maximum height of thirty feet above grade or if located upon a structure, eight feet above the ridge line of the roof of the structure.

Appurtenant signs shall not be lighted by a unit or group of units with more than 1.25 times the intensity of other lighting units within the same advertising area. On-and-off lighting units shall be on at least one second and off at least one second. One and two point flashers are not permitted;

D.

Signs projecting over the public right-of-way provided they:

1.

Not exceed sixty-four square feet in total face area with no more than thirty-two square feet on any one face,

2.

Are non-rotating,

3.

Are not closer than fourteen feet to the ground unless attached to the underside of a projecting canopy in which case the sign shall not exceed six square feet nor be closer than nine feet to the ground, and

4.

Do not exceed more than eight feet over the public right-of-way nor come closer than two feet to the edge of the motor-traveled way or the edge of the curb marking the street side edge of the sidewalk, whichever shall provide the greater separation from the roadway.

(Ord. No. 573, § II, 1-26-2009)

Approved fire apparatus access roads shall be required for every building hereafter constructed, subject to the exemptions and/or limitations contained herein, when any portion of an exterior wall of the first floor is located more than one hundred fifty feet from an approved fire apparatus road, as measured by an approved route around the exterior of the building; provided that, such roads shall not be required for the following: agricultural buildings, including, but not limited to, barns, loafing sheds, and hay storage, detached private garages, carports, and similar type structures.

A.

Specifications. The following shall govern the design, construction, and maintenance of fire apparatus roads:

1.

General Requirements. Subject to the provisos herein, fire apparatus access driveways or roads serving single-family residences shall have an unobstructed width of not less than sixteen feet. All other uses shall be served by fire apparatus access driveways or roads with an unobstructed width of twenty feet. All fire apparatus access driveways or roads shall conform to this general requirement or to the Grays Harbor County Fire Code, whichever contains the more stringent requirement.

2.

Paving and Right-of-Way. All fire apparatus access roads that access two or more properties shall be paved. All fire apparatus access roads that access five or more properties or residences shall be located within a right-of-way.

3.

Vertical Clearance. Fire apparatus roads shall be unobstructed by overhanging branches or other obstructions to a height of thirteen feet six inches.

4.

Maximum Grade. The grade of fire apparatus access roads shall not exceed fourteen percent.

5.

Structure and Surface. Fire apparatus access roads shall be constructed with a minimum of twelve inches of gravel base and shall be surfaced with a minimum of two inches of crushed rock; provided that, the gravel base may be less than twelve inches in depth when the roadway is designed by a professional engineer licensed by the state of Washington.

6.

Turning Radius. The turning radius of any portion of a fire apparatus access road shall be not less than one hundred feet.

7.

Turnarounds. A dead end fire apparatus access road shall be provided with a turnaround at the end of the roadway of such a size and configuration that permits the turning of fire fighting apparatus. The turnaround shall have a minimum turning radius of fifty feet or may be a "T" type intersection with a minimum seventy-five-foot road section perpendicular to the fire apparatus access road.

8.

Bridges. Bridges located within a fire apparatus access road shall be certified by a professional engineer, licensed by the state of Washington, as being capable of supporting the loads imposed on the bridge by fire fighting apparatus.

B.

Modification of Specifications. When a fire apparatus access road conforming to the standards contained herein cannot be constructed due to topography, the presence of waters, excessive grade, or similar reasons, a residential sprinkler system, conforming to the requirements of the National Fire Protection Association Pamphlet 13D (Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Mobile Homes) may be provided to the entire single-family residence as an alternate to the construction of a fire apparatus access road.

(Ord. 560 § 2(part), 2007).

The building official, or designee, shall be responsible for the enforcement of the city of Oakville fire apparatus access road standards.

(Ord. 560 § 2(part), 2007).

A.

Appeals of orders, decisions, or determinations made by the building inspector in relation to matters covered by Sections 17.24.100 and 17.24.110 of this title shall be filed in writing with the clerk-treasurer within thirty days of the date of the issuance of the written order, decision, or determination and its service upon the effected party. Service shall be deemed effective upon the earlier occurring of the personal service of such order, decision, or determination or its deposit into the United States Postal Service, postage prepaid and properly addressed.

B.

The appeal shall state with specificity the order, decision, or determination from which the appeal is taken, or such portion thereof for which review is sought. It shall lay out with specificity the factual and legal basis for the contention that the decision, order, or determination is in error. Failure to appeal within the thirty days allotted shall waive all right to an administrative determination of the matter.

C.

Upon filing with the clerk-treasurer, the clerk-treasurer shall take such steps as to bring the filing before the city council at its next regularly scheduled meeting.

1.

The city council shall set a closed record hearing date which shall be within sixty days of that meeting and shall give the appellant and any other person who requests such notification written notice of the date and time.

2.

At the hearing on the appeal, the evidence submitted shall be that which was submitted and considered by the building inspector in making the decision. The city council may receive such additional information and argument as it deems appropriate.

3.

The city council may affirm, reverse, or modify the decision. It shall issue its decision in writing, setting forth findings and conclusions in support of its decision.

The decision of the city council shall be final to the extent allowed by law; provided that, any appeal which may be allowed by law shall be processed pursuant to the provisions of RCW 36.70(C), the Land Use Petition Act, as now existing or hereafter amended, supplemented, or succeeded.

(Ord. 560 § 2(part), 2007).