Development Standards—Zoning
A. The classification system used in the comprehensive plan was established and mapped to implement the policies and intent of the comprehensive plan.
B. Zoning boundaries are depicted on the city’s official zoning map, which is hereby adopted by reference. The abbreviated zoning designations used in this division have the same meaning as the entire zoning district classification title as stated above.
C. Notwithstanding any provisions in this division to the contrary, the location of lot lines or setback lines at a development and construction related thereto shall be the responsibility of the applicant/owner. (Ord. 618 § 3 (part), 2013: Ord. 610 § 7 (part), 2012)
A. The location and boundaries of all zones or districts designated in this division are hereby established as shown on the map entitled, “City of Rainier Official Zoning Map,” as adopted herewith and as may be amended from time to time, and hereafter may be referred to as “the zoning map.” An original, signed copy of the zoning map containing the zoning districts designated at the time of adoption of the ordinance codified in this division shall be retained in the office of the city clerk pursuant to RCW 35.63.100, and duplicates shall be filed in the community development department for reference and public distribution. All amendments thereafter made to the zoning map shall be made by ordinance and shall be reflected on such map, and it shall be the responsibility of the community development department to ensure that an up-to-date map is maintained at all times.
B. Where questions arise concerning the location of a district boundary, the designee shall interpret the zone boundaries as a Process I land use action. (Ord. 618 § 3 (part), 2013: Ord. 610 § 7 (part), 2012)
A. Intent. The R-EN zone is characterized by neighborhoods that were platted as part of a subdivision completed within the last forty (40) years. These neighborhoods typically include single-family homes and are not anticipated to change significantly for the foreseeable future. As a result, the zone attempts to retain the characteristics of the current neighborhoods. Minimum lot sizes are established based on existing lot sizes within the neighborhood and single-family homes are intended to remain as a primary use, though accessory dwelling units are also allowed.
B. Physical Development. Standards applicable to physical development in the R-EN zone are provided on the following pages. Where a cross-reference is listed, see the referenced document, division, chapter or section for additional standards.
1. Setbacks (min.) | Section 18.48.040 |
Front: | average of adjacent properties |
Side: | 5' |
Rear: | 10' |
Garage/Carport: | 20' |
2. Impervious Surfaces |
|
Individual Water and Septic | 50% |
Public Water and Individual Septic | 50% |
Public Water and Sewer | 50% |
3. Landscaping | Section 18.48.100 |
4. Fencing | Section 18.48.040 |
Height in any front yard (max.) | 4' |
Height in any side yard (max.) | 6' |
Height in any rear yard (max.) | 6' |
5. Building Height | Section 18.48.040 |
Maximum | 35' |
6. Environmental Standards | |
SEPA Review | Div. 4 |
Critical Area Buffers | Div. 5 |
Wetlands | 25 – 300' |
CARAs | protect water source |
Frequently Flooded Areas | 50' |
Geologically Hazardous Areas | slope ht. |
Wildlife Habitat | varies |
7. Signs | Section 18.48.130 |
8. Grading, Erosion Control, Stormwater | |
Grading and Erosion Control | Chapter 12.08 |
Stormwater Mgmt. | Chapter 12.16 |
9. Required Physical Development Permits (reserved) | |
C. Allowed Uses and Use Standards. Standards applicable to use are provided in this subsection. Where a cross-reference is listed, see the referenced division, chapter, or section for additional standards. All standards in this division are applicable unless stated otherwise.
1. Allowed Uses | 2. Parking (Chapter 18.45) | ||
|---|---|---|---|
Use | Definition/ Standards | Permit | Minimum Required |
Residential Uses |
|
| |
Detached Single-Family Unit | 18.44.040(B) | Y | 2 per DU |
Institutional Uses |
|
| |
Assembly | 18.44.060(B) | C | Independent Calculation |
Amusement and Recreation |
|
| |
Outdoor Recreation | 18.44.080(C) | Y | Independent Calculation |
Developed Recreation | 18.44.080(D) | C | Independent Calculation |
Transportation and Infrastructure Uses |
|
| |
Utility Facility | 18.44.100(C) | C | 1 per employee + |
Wireless Telecommunications Facility | 18.44.100(E) | A/C | 1 per employee + |
Accessory Uses |
|
| |
Accessory Dwelling Unit | 18.44.110(B) | A | 1 per DU |
Bed and Breakfast | 18.44.110(C) | A | 0.75 per LU |
Home Occupation | 18.44.110(D) | A | n/a |
Home Business | 18.44.110(E) | C | 1 per employee |
Home Day Care | 18.44.110(G) | Y | 1 per employee |
Battery Charging Station | 18.44.110(H) | Y | n/a |
Temporary Uses |
|
| |
Yard Sale | 18.44.120(B) | Y | n/a |
Farm Stand | 18.44.120(D) | Y | 5 per 1,000 sf display area |
Temporary Real Estate Sales Office | 18.44.120(E) | A | 2 |
Temporary Shelter | 18.44.120(F) | A | 2 per DU |
Temporary Gravel Processing | 18.44.130(G) | A | 1 per employee |
Y = Use allowed without use permit A = Administrative Use Permit required | |||
3. Performance Standards | |
|---|---|
Outdoor Storage | (Section 18.46.020) |
Recreational Vehicles | allowed if standards are met |
Outdoor Storage Areas and Yards | Prohibited |
Shipping Containers and Compartments | Prohibited except during construction |
Refuse and Recycling | (Section 18.46.030) |
Trash and recycling enclosure required | > 4 DUs and all nonresidential |
Noise | (Section 18.46.040) |
Sound level at property line (max) | 75 dBA |
Vibration | (Section 18.46.050) |
Odors | (Section 18.46.060) |
Light and Glare | (Section 18.46.070) |
Radioactivity and Electrical Disturbances | (Section 18.46.080) |
D. Lot Standards.
1. Lot Size.
a. City Standard. Minimum lot size is based on the minimum lot size for the neighborhood, as identified on the city’s official zoning map.
i. Binghampton Estates: 0.25 acres.
ii. Raintree Loop: 0.25 acres.
iii. Trotter Downs: 0.25 acres.
iv. Volesky Drive: 0.25 acres.
v. Karen Court: 0.35 acres.
vi. Rainier Estates: 0.35 acres.
vii. Country Estates: 1.00 acre.
viii. Rainier Oaks: 1.00 acre.
b. Thurston County Standard. Notwithstanding the lot sizes listed in subsection (D)(1)(a) of this section, the city defers to the Thurston County Health Department to determine minimum lot size.
c. More Restrictive Lot Size Applies. Where a conflict between the city standard and the Thurston County standard exists, the more restrictive shall apply.
2. Residential Density. Density is calculated by dividing the number of units by the site area. The allowed density is generally based on the availability of sewers. Where sewer is not available, the city defers to the Thurston County Health Department to establish maximum densities.
a. Individual Water and Septic. 1 du/ac (max).
b. Public Water and Individual Septic. 2 to 3.48 dus/ac (max.).
c. Public Water and Sewer. Based on minimum lot size for neighborhood.
E. Development Options and Subdivision. (Reserved).
F. Additional Zone-Specific Standards. (Reserved). (Ord. 665 § 28 (part), 2017)
A. Intent. The R 6-8 zone is characterized by larger lots that are undeveloped or minimally developed. The area is intended to develop with primarily single-family homes, though uses such as duplexes, townhouses, and some small apartments may be appropriate, so long as the uses fall within the allowed density ranges. Where a development is sought to be constructed on septic systems, the development should be clustered to ensure that the future build out of the site meets minimum density requirements. Streets are meant to be well connected and dead-end roads are discouraged to promote a high degree of connectivity for pedestrians and vehicles.
B. Physical Development. Standards applicable to physical development in the R 6-8 zone are provided on the following pages. Where a cross-reference is listed, see the referenced document, division, chapter or section for additional standards.
1. Setbacks (min.) | Section 18.48.040 |
Front: | 10' |
Side: | 5' |
Rear: | 10' |
Garage/Carport: | 20' |
2. Impervious Surfaces | |
Individual Water and Septic | 50% |
Public Water and Individual Septic | 50% |
Public Water and Sewer | 50% |
3. Landscaping | Section 18.48.100 |
4. Fencing | Section 18.48.040 |
Height in any front yard (max.) | 4' |
Height in any side yard (max.) | 6' |
Height in any rear yard (max.) | 6' |
5. Building Height | Section 18.48.040 |
Maximum | 35' |
6. Environmental Standards | |
SEPA Review | Div. 4 |
Critical Area Buffers | Div. 5 |
Wetlands | 25 – 300' |
CARAs | protect water source |
Frequently Flooded Areas | 50' |
Geologically Hazardous Areas | slope ht. |
Wildlife Habitat | varies |
7. Signs | Section 18.48.130 |
8. Grading, Erosion Control, Stormwater | |
Grading and Erosion Control | Chapter 12.08 |
Stormwater Mgmt. | Chapter 12.16 |
9. Required Physical Development Permits (reserved) | |
C. Allowed Uses and Use Standards. Standards applicable to use are provided in this subsection. Where a cross-reference is listed, see the referenced division or section for additional standards. All standards in Division 3 are applicable unless stated otherwise.
1. Allowed Uses | 2. Parking (Chapter 18.45) | ||
|---|---|---|---|
Use | Definition/ | Permit | Minimum Required |
Residential Uses |
|
| |
Detached Single-Family Unit | 18.44.040(B) | Y | 2 per DU |
Attached Single-Family Unit | 18.44.040(C) | Y | 1.5 per DU |
Apartment | 18.44.040(D) | Y | 1.5 per DU |
Group Home | 18.44.040(E) | C | 0.5 per bed |
Institutional Uses |
|
| |
Assembly | 18.44.060(B) | C | Independent Calculation |
Day Care Center | 18.44.060(C) | C | 0.5 per employee |
School | 18.44.060(D) | C | Independent Calculation |
Emergency Services | 18.44.060(E) | C | Independent Calculation |
Amusement and Recreation |
|
| |
Outdoor Recreation | 18.44.080(C) | Y | Independent Calculation |
Developed Recreation | 18.44.080(D) | C | Independent Calculation |
Transportation and Infrastructure Uses |
|
| |
Parking | 18.44.100(B) | C | n/a |
Utility Facility | 18.44.100(C) | C | 1 per employee |
Wireless Telecommunications Facility | 18.44.100(E) | A/C | 1 per employee |
Accessory Uses |
|
| |
Accessory Dwelling Unit | 18.44.110(B) | A | 1 per DU |
Bed and Breakfast | 18.44.110(C) | A | 0.75 per LU |
Home Occupation | 18.44.110(D) | A | n/a |
Home Business | 18.44.110(E) | C | 1 per employee |
Home Day Care | 18.44.110(G) | Y | 1 per employee |
Battery Charging Station | 18.44.110(H) | Y | n/a |
Temporary Uses |
|
| |
Yard Sale | 18.44.120(B) | Y | n/a |
Farm Stand | 18.44.120(D) | Y | 5 per 1,000 sf display area |
Temporary Real Estate Sales Office | 18.44.120(E) | A | 2 |
Temporary Shelter | 18.44.120(F) | A | 2 per DU |
Temporary Gravel Processing | 18.44.130(G) | A | 1 per employee |
Y = Use allowed without use permit A = Administrative Use Permit required | |||
3. Performance Standards | |
|---|---|
Outdoor Storage | (Section 18.46.020) |
Recreational Vehicles | allowed if standards are met |
Outdoor Storage Areas and Yards | Prohibited |
Shipping Containers and Compartments | Prohibited except during construction |
Refuse and Recycling | (Section 18.46.030) |
Trash and recycling enclosure required | > 4 DUs and all nonresidential |
Noise | (Section 18.46.040) |
Sound level at property line (max.) | 75 dBA |
Vibration | (Section 18.46.050) |
Odors | (Section 18.46.060) |
Light and Glare | (Section 18.46.070) |
Radioactivity and Electrical Disturbances | (Section 18.46.080) |
D. Lot Standards.
1. Lot Size.
a. City Standard. No minimum lot size has been established.
b. Thurston County Standard. The city defers to the Thurston County Health Department to determine minimum lot size.
2. Residential Density. Density is calculated by dividing the number of units by the site area. The allowed density is generally based on the availability of sewers. Where sewer is not available, the city defers to the Thurston County Health Department to establish maximum densities.
a. Individual Water and Septic. 1 du/ac (max.).
b. Public Water and Individual Septic. 2 to 3.48 dus/ac (max.).
c. Public Water and Sewer. 6 (min.) to 8 (max.) dus/ac.
E. Development Options and Subdivision. (Reserved).
F. Additional Zone-Specific Standards. (Reserved). (Ord. 665 § 28 (part), 2017)
A. Intent. The R 8-25 zone includes neighborhoods in or near downtown Rainier that are composed primarily of single-family homes on lots that range from 3,500 square feet to over an acre in size. These lots are primarily associated with historic plats in the city of Rainier, such as the Plat of Rainier and Moore’s Addition, though some land not included in these plats is also included in the zone.
The R 8-25 zone is intended to promote higher densities of housing near the center of Rainier to encourage a highly walkable downtown. A variety of residential units are allowed, so long as the units meet the minimum density requirements for the area. Where development is sought to be constructed on septic systems, the development must be clustered to ensure that future build-out of a property meets required minimum densities.
B. Physical Development. Standards applicable to physical development in the R 8-25 zone are provided on the following pages. Where a cross-reference is listed, see the referenced document, division, chapter or section for additional standards.
1. Setbacks (min.) | Section 18.48.040 |
Front: | 10' |
Side: | 5' |
Rear: | 10' |
Garage/Carport: | 20' |
2. Impervious Surfaces | |
Individual Water and Septic | 50% |
Public Water and Individual Septic | 50% |
Public Water and Sewer | 50% |
3. Landscaping | Section 18.48.100 |
4. Fencing | Section 18.48.040 |
Height in any front yard (max.) | 4' |
Height in any side yard (max.) | 6' |
Height in any rear yard (max.) | 6' |
5. Building Height | Section 18.48.040 |
Maximum | 35' |
6. Environmental Standards | |
SEPA Review | Div. 4 |
Critical Area Buffers | Div. 5 |
Wetlands | 25 – 300' |
CARAs | protect water source |
Frequently Flooded Areas | 50' |
Geologically Hazardous Areas | slope ht. |
Wildlife Habitat | varies |
7. Signs | Section 18.48.130 |
8. Grading, Erosion Control, Stormwater | |
Grading and Erosion Control | Chapter 12.08 |
Stormwater Mgmt. | Chapter 12.16 |
9. Required Physical Development Permits (reserved) | |
C. Allowed Uses and Use Standards. Standards applicable to use are provided in this subsection. Where a cross-reference is listed, see the referenced division or section for additional standards. All standards in this division are applicable unless stated otherwise.
1. Allowed Uses | 2. Parking (Chapter 18.45) | ||
|---|---|---|---|
Use | Definition/Standards | Permit | Minimum Required |
Residential Uses |
|
| |
Detached Single-Family Unit | 18.44.040(B) | Y | 2 per DU |
Attached Single-Family Unit | 18.44.040(C) | Y | 1.5 per DU |
Apartment | 18.44.040(D) | Y | 1.5 per DU |
Group Home | 18.44.040(E) | A | 0.5 per bed |
Institutional Uses |
|
| |
Assembly | 18.44.060(B) | C | Independent Calculation |
Day Care Center | 18.44.060(C) | C | 0.5 per employee |
School | 18.44.060(D) | C | Independent Calculation |
Emergency Services | 18.44.060(E) | C | Independent Calculation |
Amusement and Recreation |
|
| |
Outdoor Recreation | 18.44.080(C) | Y | Independent Calculation |
Developed Recreation | 18.44.080(D) | C | Independent Calculation |
Transportation and Infrastructure Uses |
|
| |
Parking | 18.44.100(B) | C | n/a |
Utility Facility | 18.44.100(C) | C | 1 per employee |
Wireless Telecommunications Facility | 18.44.100(E) | A/C | 1 per employee |
Accessory Uses |
|
| |
Accessory Dwelling Unit | 18.44.110(B) | A | 1 per DU |
Bed and Breakfast | 18.44.110(C) | A | 0.75 per LU |
Home Occupation | 18.44.110(D) | A | n/a |
Home Business | 18.44.110(E) | C | 1 per employee |
Home Day Care | 18.44.110(G) | Y | 1 per employee |
Battery Charging Station | 18.44.110(H) | Y | n/a |
Temporary Uses |
|
| |
Yard Sale | 18.44.120(B) | Y | n/a |
Farm Stand | 18.44.120(D) | Y | 5 per 1,000 sf display area |
Temporary Real Estate Sales Office | 18.44.120(E) | A | 2 |
Temporary Shelter | 18.44.120(F) | A | 2 per DU |
Temporary Gravel Processing | 18.44.130(G) | A | 1 per employee |
Y = Use allowed without use permit A = Administrative Use Permit required | |||
3. Performance Standards | |
|---|---|
Outdoor Storage | (Section 18.46.020) |
Recreational Vehicles | allowed if standards are met |
Outdoor Storage Areas and Yards | Prohibited |
Shipping Containers and Compartments | Prohibited except during construction |
Refuse and Recycling | (Section 18.46.030) |
Trash and recycling enclosure required | > 4 DUs and all nonresidential |
Noise | (Section 18.46.040) |
Sound level at property line (max.) | 75 dBA |
Vibration | (Section 18.46.050) |
Odors | (Section 18.46.060) |
Light and Glare | (Section 18.46.070) |
Radioactivity and Electrical Disturbances | (Section 18.46.080) |
D. Lot Standards.
1. Lot Size.
a. City Standard. No minimum lot size has been established.
b. Thurston County Standard. The city defers to the Thurston County Health Department to determine minimum lot size.
2. Residential Density. Density is calculated by dividing the number of units by the site area. The allowed density is generally based on the availability of sewers. Where sewer is not available, the city defers to the Thurston County Health Department to establish maximum densities.
a. Individual Water and Septic. 1 (max.) du/ac.
b. Public Water and Individual Septic. 2 to 3.48 (max.) du/ac.
c. Public Water and Sewer. 8 (min.) to 25 (max.) du/ac.
E. Development Options and Subdivision. (Reserved).
F. Additional Zone-Specific Standards. (Reserved). (Ord. 665 § 28 (part), 2017)
A. Intent. The CC zone is situated in the center of Rainier, and is meant to function as the community’s pedestrian-oriented downtown. Development is meant to promote the walkable nature of this area and include buildings set at or near the front property line with uses that generate pedestrian traffic typically located on the ground floor of buildings. Residential uses are encouraged in the CC zone.
B. Physical Development. Standards applicable to physical development in the CC zone are provided in this section. Where a cross-reference is listed, see the referenced document, division, chapter or section for additional standards.
1. Setbacks (min.) | Section 18.48.040 |
Front: | 0' |
Side: | 0' |
Rear: | 0' |
Garage/Carport: | 20' |
2. Impervious Surfaces | |
Individual Water and Septic | 50% |
Public Water and Individual Septic | 100% |
Public Water and Sewer | 100% |
3. Landscaping | Section 18.48.100 |
4. Fencing | Section 18.48.040 |
Height in any front yard (max.) | 4' |
Height in any side yard (max.) | 6' |
Height in any rear yard (max.) | 6' |
5. Building Height | Section 18.48.040 |
Maximum | 40' |
6. Environmental Standards | |
SEPA Review | Div. 4 |
Critical Area Buffers | Div. 5 |
Wetlands | 25 – 300' |
CARAs | protect water source |
Frequently Flooded Areas | 50' |
Geologically Hazardous Areas | slope ht. |
Wildlife Habitat | varies |
7. Signs | Section 18.48.130 |
8. Grading, Erosion Control, Stormwater | |
Grading and Erosion Control | Chapter 12.08 |
Stormwater Mgmt. | Chapter 12.16 |
9. Required Physical Development Permits (reserved) | |
C. Allowed Uses and Use Standards. Standards applicable to use are provided in this subsection. Where a cross-reference is listed, see the referenced division or section for additional standards. All standards in this division are applicable unless stated otherwise.
1. Allowed Uses | 2. Parking (Chapter 18.45) | ||
|---|---|---|---|
Use | Definition/ | Permit | Minimum Required |
Residential Uses |
|
| |
Attached Single-Family Unit | 18.44.040(C) | A | 1.5 per DU |
Apartment | 18.44.040(D) | A | 1.5 per DU |
Group Home | 18.44.040(E) | A | 0.5 per bed |
Lodging Uses |
|
| |
Conventional Lodging | 18.44.050(B) | Y | 0.6 per LU |
Institutional Uses |
|
| |
Assembly | 18.44.060(B) | C | Independent Calculation |
Day Care Center | 18.44.060(C) | C | 0.5 per employee |
School | 18.44.060(D) | C | Independent Calculation |
Emergency Services | 18.44.060(E) | C | Independent Calculation |
Commercial Uses |
|
| |
Office | 18.44.070(B) | Y | 1.5 per 1,000 sf |
Retail | 18.44.070(C) | Y | 3 per 1,000 sf |
Service | 18.44.070(D) | Y | 2 per 1,000 sf |
Restaurant/Bar | 18.44.070(E) | A | 5 per 1,000 sf |
Mobile Food Vendor | 18.44.070(F) | Y | Independent Calculation |
Heavy Retail/Service | 18.44.070(G) | C | 2 per 1,000 sf |
Battery Exchange Station | 18.44.070(J) | C | Independent Calculation |
Amusement and Recreation |
|
| |
Amusement | 18.44.080(B) | A | 3 per 1,000 sf |
Outdoor Recreation | 18.44.080(C) | Y | Independent Calculation |
Developed Recreation | 18.44.080(D) | A | Independent Calculation |
Industrial Uses |
|
| |
Craft Food Production | 18.44.090(B) | A | Independent Calculation |
Light Industry | 18.44.090(C) | C | 0.5 per employee |
Transportation and Infrastructure Uses |
|
| |
Parking | 18.44.100(B) | C | n/a |
Utility Facility | 18.44.100(C) | C | 1 per employee |
Wireless Telecommunications Facility | 18.44.100(E) | A/C | 1 per employee |
Accessory Uses |
|
| |
Accessory Dwelling Unit | 18.44.110(B) | A | 1 per DU |
Bed and Breakfast | 18.44.110(C) | Y | 0.75 per LU |
Home Occupation | 18.44.110(D) | A | n/a |
Home Business | 18.44.110(E) | C | 1 per employee |
Drive-Up Facility | 18.44.110(F) | C | n/a |
Home Day Care | 18.44.110(G) | Y | 1 per employee |
Battery Charging Station | 18.44.110(H) | Y | n/a |
Temporary Uses |
|
| |
Yard Sale | 18.44.120(B) | Y | n/a |
Christmas Tree Sales | 18.44.120(C) | Y | 1 per 1,000 sf outdoor display area |
Farm Stand | 18.44.120(D) | Y | 5 per 1,000 sf display area |
Temporary Real Estate Sales Office | 18.44.120(E) | A | 2 |
Temporary Shelter | 18.44.120(F) | A | 2 per DU |
Temporary Gravel Processing | 18.44.130(G) | A | 1 per employee |
Y = Use allowed without use permit A = Administrative Use Permit required | |||
3. Performance Standards | |
|---|---|
Outdoor Storage | (Section 18.46.020) |
Recreational Vehicles | allowed if standards are met |
Outdoor Storage Areas and Yards | allowed if standards are met |
Shipping Containers and Compartments | Prohibited except during construction |
Refuse and Recycling | (Section 18.46.030) |
Trash and recycling enclosure required | > 4 DUs and all nonresidential |
Noise | (Section 18.46.040) |
Sound level at property line (max.) | 75 dBA |
Vibration | (Section 18.46.050) |
Odors | (Section 18.46.060) |
Light and Glare | (Section 18.46.070) |
Radioactivity and Electrical Disturbances | (Section 18.46.080) |
D. Lot Standards.
1. Lot Size.
a. City Standard. No minimum lot size has been established.
b. Thurston County Standard. The city defers to the Thurston County Health Department to determine minimum lot size.
2. Circle Diameter. Forty-five (45) feet.
3. Residential Density. Density is calculated by dividing the number of units by the site area. The allowed density is generally based on the availability of sewers. Where sewer is not available, the city defers to the Thurston County Health Department to establish maximum densities.
a. Individual Water and Septic. One (max.) du/ac.
b. Public Water and Individual Septic. Two to 3.48 (max.) dus/ac.
c. Public Water and Sewer. Fourteen (14) (max.) dus/ac.
4. Commercial and Industrial Density. Density is based on a unit volume of sewage for commercial or industrial use. The allowed density is generally based on the availability of sewers. Where sewer is not available, the city defers to the Thurston County Health Department to establish maximum densities.
E. Development Options and Subdivision. (Reserved).
F. Additional Zone-Specific Standards.
1. Residential Uses. Residential uses may only be allowed as part of a mixed-use development.
2. Restaurants and Bars. Restaurants and bars that exclusively serve persons twenty-one (21) years or older must be at located least two hundred (200) feet from elementary and secondary education facilities.
a. Distance shall be measured along a sidewalk or public right-of-way.
b. For the purposes of this regulation, “elementary and secondary education facilities” shall mean buildings housing such uses as well as school playgrounds and playfields.
3. Craft Food Production. Craft food production establishments that exclusively serve persons twenty-one (21) years or older must be at least two hundred (200) feet away from all elementary and secondary education facilities.
a. Distance shall be measured along a sidewalk or public right-of-way.
b. For the purposes of this regulation, “elementary and secondary education facilities” shall mean buildings housing such uses as well as school playgrounds and playfields.
4. On-Street Parking. Required parking may be provided on street provided the following standards are met:
a. An on-street parking space shall have the following length of uninterrupted curb adjoining to the lot of record of the proposed use:
Uninterrupted Curb Per On-Street Parking Space | |
|---|---|
Parking Space Angle | Uninterrupted Curb |
Parallel | 22' |
45˚/60˚ | 20' |
90˚ | 9' |
b. On-street parking shall not be provided along a yellow curb or other no parking areas put in place by the city or WSDOT.
c. The on-street parking shall follow the established configuration of existing on-street parking.
d. On-street parking spaces shall be available for use by the public at all times. Signs or actions limiting public use of on-street spaces are prohibited. (Ord. 665 § 29 (part), 2017)
A. Intent. The SC zone contains parcels that are located along major roadways in Rainier that have less of an opportunity to construct large commercial centers than the highway commercial designation. The zone is meant to allow commercial development or residential development on these parcels and allow landowners some degree of flexibility in the use of their land.
B. Physical Development. Standards applicable to physical development in the SC zone are provided in this section. Where a cross-reference is listed, see the referenced document, division, chapter or section for additional standards.
1. Setbacks (min.) | Section 18.48.040 |
Front: | 0' |
Side: | 0' |
Rear: | 0' |
Garage/Carport: | 0' |
2. Impervious Surfaces | |
Individual Water and Septic | 50% |
Public Water and Individual Septic | 100% |
Public Water and Sewer | 100% |
3. Landscaping | Section 18.48.100 |
4. Fencing | Section 18.48.040 |
Height in any front yard (max.) | 4' |
Height in any side yard (max.) | 6' |
Height in any rear yard (max.) | 6' |
5. Building Height | Section 18.48.040 |
Maximum | 40' |
6. Environmental Standards | |
SEPA Review | Div. 4 |
Critical Area Buffers | Div. 5 |
Wetlands | 25' – 300' |
CARAs | protect water source |
Frequently Flooded Areas | 50' |
Geologically Hazardous Areas | slope ht. |
Wildlife Habitat | varies |
7. Signs | Section 18.48.130 |
8. Grading, Erosion Control, Stormwater | |
Grading and Erosion Control | Chapter 12.08 |
Stormwater Mgmt. | Chapter 12.16 |
9. Required Physical Development Permits (reserved) | |
C. Allowed Uses and Use Standards. Standards applicable to use are provided in this subsection. Where a cross-reference is listed, see the referenced division or section for additional standards. All standards in this division are applicable unless stated otherwise.
1. Allowed Uses | 2. Parking (Chapter 18.45) | ||
|---|---|---|---|
Use | Definition/ | Permit | Minimum Required |
Residential Uses |
|
| |
Detached Single-Family Unit | Y* | 2 per DU | |
Attached Single-Family Unit | A | 1.5 per DU | |
Apartment | A | 1.5 per DU | |
Group Home | A | 0.5 per bed | |
Lodging Uses |
|
| |
Conventional Lodging | 18.44.050(B) | Y | 0.6 per LU |
Institutional Uses |
|
| |
Assembly | 18.44.060(B) | A | Independent Calculation |
Day Care Center | 18.44.060(C) | Y | 0.5 per employee |
School | 18.44.060(D) | C | Independent Calculation |
Emergency Services | 18.44.060(E) | A | Independent Calculation |
Commercial Uses |
|
| |
Office | 18.44.070(B) | Y | 1.5 per 1,000 sf |
Retail | 18.44.070(C) | Y | 3 per 1,000 sf |
Service | 18.44.070(D) | Y | 2 per 1,000 sf |
Restaurant/Bar | A | 5 per 1,000 sf | |
Mobile Food Vendor | 18.44.070(F) | Y |
|
Heavy Retail/Service | A | 2 per 1,000 sf | |
Storage | 18.44.070(H) | A | Independent Calculation |
Nursery | 18.44.070(I) | Y | 2 per 1,000 sf |
Battery Exchange Station | 18.44.070(J) | Y | Independent Calculation |
Amusement and Recreation |
|
| |
Amusement | 18.44.080(B) | A | 3 per 1,000 sf |
Outdoor Recreation | 18.44.080(C) | Y | Independent Calculation |
Developed Recreation | 18.44.080(D) | A | Independent Calculation |
Industrial Uses |
|
| |
Craft Food Production | A | Independent Calculation | |
Light Industry | 18.44.090(C) | C | 0.5 per employee |
Transportation and Infrastructure Uses |
|
| |
Parking | 18.44.100(B) | C | n/a |
Utility Facility | 18.44.100(C) | C | 1 per employee |
Wireless Telecommunications Facility | 18.44.100(E) | A/C | 1 per employee |
Accessory Uses |
|
| |
Accessory Dwelling Unit | 18.44.110(B) | A | 1 per DU |
Bed and Breakfast | 18.44.110(C) | Y | 0.75 per LU |
Home Occupation | 18.44.110(D) | A | n/a |
Home Business | 18.44.110(E) | C | 1 per employee |
Drive-Up Facility | 18.44.110(F) | A | n/a |
Home Day Care | 18.44.110(G) | Y | 1 per employee |
Battery Charging Station | 18.44.110(H) | Y | n/a |
Temporary Uses |
|
| |
Yard Sale | 18.44.120(B) | Y | n/a |
Christmas Tree Sales | 18.44.120(C) | Y | 1 per 1,000 sf outdoor display area |
Farm Stand | 18.44.120(D) | Y | 5 per 1,000 sf display area |
Temporary Real Estate Sales Office | 18.44.120(E) | A | 2 |
Temporary Shelter | 18.44.120(F) | A | 2 per DU |
Temporary Gravel Processing | 18.44.120(G) | A | 1 per employee |
Y = Use allowed without use permit A = Administrative Use Permit required | |||
3. Performance Standards | |
|---|---|
Outdoor Storage | (Section 18.46.020) |
Recreational Vehicles | allowed if standards are met |
Outdoor Storage Areas and Yards | allowed if standards are met |
Shipping Containers and Compartments | prohibited except during construction |
Refuse and Recycling | (Section 18.46.030) |
Trash and recycling enclosure required | > 4 DUs and all nonresidential |
Noise | (Section 18.46.040) |
Sound level at property line (max.) | 75 dBA |
Vibration | (Section 18.46.050) |
Odors | (Section 18.46.060) |
Light and Glare | (Section 18.46.070) |
Radioactivity and Electrical Disturbances | (Section 18.46.080) |
D. Lot Standards.
1. Lot Size.
a. City Standard. No minimum lot size has been established.
b. Thurston County Standard. The city defers to the Thurston County health department to determine minimum lot size.
2. Circle Diameter. Twenty-four (24) feet.
3. Residential Density. Density is calculated by dividing the number of units by the site area. The allowed density is generally based on the availability of sewers. Where sewer is not available, the city defers to the Thurston County health department to establish maximum densities.
a. Individual Water and Septic. One (max.) du/ac.
b. Public Water and Individual Septic. Two to 3.48 (max.) dus/ac.
c. Public Water and Sewer. Ten (10) (max.) dus/ac.
4. Commercial and Industrial Density. Density is based on a unit volume of sewage for commercial or industrial use. The allowed density is generally based on the availability of sewers. Where sewer is not available, the city defers to the Thurston County health department to establish maximum densities.
E. Development Options and Subdivision. (Reserved).
F. Additional Zone-Specific Standards.
1. Residential Uses. Residential uses may only be allowed as part of a mixed-use development.
2. Conventional Lodging. Conventional lodging may only be allowed as part of a mixed-use development.
3. Restaurants and Bars. Restaurants and bars that exclusively serve persons twenty-one (21) years or older must be at located least two hundred (200) feet from elementary and secondary education facilities.
a. Distance shall be measured along a sidewalk or public right-of-way.
b. For the purposes of this regulation, “elementary and secondary education facilities” shall mean buildings housing such uses as well as school playgrounds and playfields.
4. Craft Food Production. Craft food production establishments that exclusively serve persons twenty-one (21) years or older must be at least two hundred (200) feet away from all elementary and secondary education facilities.
a. Distance shall be measured along a sidewalk or public right-of-way.
b. For the purposes of this regulation, “elementary and secondary education facilities” shall mean buildings housing such uses as well as school playgrounds and playfields.
5. Heavy Retail/Sales. Heavy retail and sales uses must take access from an arterial road, as identified in the comprehensive plan.
6. On-Street Parking. Required parking may be provided on street provided the following standards are met:
a. An on-street parking space shall have the following length of uninterrupted curb adjoining to the lot of record of the proposed use:
Uninterrupted Curb per On-Street Parking Space | |
Parking Space Angle | Uninterrupted Curb |
Parallel | 22' |
45˚/60˚ | 20' |
90˚ | 9' |
b. On-street parking shall not be provided along a yellow curb or other no-parking areas put in place by the city or WSDOT.
c. The on-street parking shall follow the established configuration of existing on-street parking.
d. On-street parking spaces shall be available for use by the public at all times. Signs or actions limiting public use of on-street spaces are prohibited. (Ord 689 § 1, 2020; Ord. 665 § 29 (part), 2017)
A. Intent. The HC zone is situated in large areas of continuous ownership along Highway 507 that provide the opportunity to construct commercial centers to provide goods and services for the residents of Rainier. Developments within these areas will typically include some type of anchor retailer or institution, such as a grocery store, and include a number of complementary shops that are primarily accessed by the automobile.
B. Physical Development. Standards applicable to physical development in the HC zone are provided in this section. Where a cross-reference is listed, see the referenced document, division, chapter or section for additional standards.
1. Setbacks (min.) | Section 18.48.040 |
Front: | 0' |
Side: | 0' |
Rear: | 0' |
Garage/Carport: | 0' |
2. Impervious Surfaces | |
Individual Water and Septic | 50% |
Public Water and Individual Septic | 100% |
Public Water and Sewer | 100% |
3. Landscaping | Section 18.48.100 |
4. Fencing | Section 18.48.040 |
Height in any front yard (max.) | 4' |
Height in any side yard (max.) | 6' |
Height in any rear yard (max.) | 6' |
5. Building Height | Section 18.48.040 |
Maximum | 40' |
6. Environmental Standards | |
SEPA Review | Div. 4 |
Critical Area Buffers | Div. 5 |
Wetlands | 25 – 300' |
CARAs | protect water source |
Frequently Flooded Areas | 50' |
Geologically Hazardous Areas | slope ht. |
Wildlife Habitat | varies |
7. Signs | Section 18.48.130 |
8. Grading, Erosion Control, Stormwater | |
Grading and Erosion Control | Chapter 12.08 |
Stormwater Mgmt. | Chapter 12.16 |
9. Required Physical Development Permits (reserved) | |
C. Allowed Uses and Use Standards. Standards applicable to use are provided in this subsection. Where a cross-reference is listed, see the referenced division or section for additional standards. All standards in this division are applicable unless stated otherwise.
1. Allowed Uses | 2. Parking (Chapter 18.45) | ||
|---|---|---|---|
Use | Definition/ | Permit | Minimum Required |
Residential Uses |
|
| |
Attached Single-Family Unit | A | 1.5 per DU | |
Apartment | A | 1.5 per DU | |
Group Home | A | 0.5 per bed | |
Lodging Uses |
|
| |
Conventional Lodging | 18.44.050(B) | Y | 0.6 per LU |
Institutional Uses |
|
| |
Assembly | 18.44.060(B) | C | Independent Calculation |
Day Care Center | 18.44.060(C) | Y | 0.5 per employee |
School | 18.44.060(D) | C | Independent Calculation |
Emergency Services | 18.44.060(E) | A | Independent Calculation |
Commercial Uses |
|
| |
Office | 18.44.070(B) | Y | 1.5 per 1,000 sf |
Retail | 18.44.070(C) | Y | 3 per 1,000 sf |
Service | 18.44.070(D) | Y | 2 per 1,000 sf |
Restaurant/Bar | 18.44.070(E) | Y | 5 per 1,000 sf |
Mobile Food Vendor | 18.44.070(F) | Y | Independent Calculation |
Heavy Retail/Service | 18.44.070(G) | Y | 2 per 1,000 sf + 3 per repair bay + 1 per wash bay |
Nursery | 18.44.070(I) | Y | 2 per 1,000 sf + 1 per 4,000 sf outdoor display area + 1 per employee |
Battery Exchange Station | 18.44.070(J) | Y | Independent Calculation |
Amusement and Recreation |
|
| |
Amusement | 18.44.080(B) | A | 3 per 1,000 sf |
Outdoor Recreation | 18.44.080(C) | Y | Independent Calculation |
Developed Recreation | 18.44.080(D) | A | Independent Calculation |
Industrial Uses |
|
| |
Craft Food Production | 18.44.090(B) | A | Independent Calculation |
Light Industry | 18.44.090(C) | A | 0.5 per employee + 1 per company vehicle |
Transportation and Infrastructure Uses |
|
| |
Parking | 18.44.100(B) | C | n/a |
Utility Facility | 18.44.100(C) | C | 1 per employee + 1 per stored vehicle |
Wireless Telecommunications Facility | 18.44.100(E) | A/C | 1 per employee + 1 per stored vehicle |
Accessory Uses |
| ||
Accessory Dwelling Unit | 18.44.110(B) | A | 1 per DU |
Bed and Breakfast | 18.44.110(C) | Y | 0.75 per LU |
Home Occupation | 18.44.110(D) | A | n/a |
Home Business | 18.44.110(E) | C | 1 per employee |
Drive-Up Facility | 18.44.110(F) | A | n/a |
Home Day Care | 18.44.110(G) | Y | 1 per employee |
Battery Charging Station | 18.44.110(H) | Y | n/a |
Temporary Uses |
|
| |
Yard Sale | 18.44.120(B) | Y | n/a |
Farm Stand | 18.44.120(D) | Y | 5 per 1,000 sf display area |
Temporary Real Estate Sales Office | 18.44.120(E) | A | 2 |
Temporary Shelter | 18.44.120(F) | A | 2 per DU |
Temporary Gravel Processing | 18.44.130(G) | A | 1 per employee |
Y = Use allowed without use permit A = Administrative Use Permit required | |||
3. Performance Standards | |
|---|---|
Outdoor Storage | (Section 18.46.020) |
Recreational Vehicles | allowed if standards are met |
Outdoor Storage Areas and Yards | allowed if standards are met |
Shipping Containers and Compartments | Prohibited except during construction |
Refuse and Recycling | (Section 18.46.030) |
Trash and recycling enclosure required | > 4 DUs and all nonresidential |
Noise | (Section 18.46.040) |
Sound level at property line (max.) | 75 dBA |
Vibration | (Section 18.46.050) |
Odors | (Section 18.46.060) |
Light and Glare | (Section 18.46.070) |
Radioactivity and Electrical Disturbances | (Section 18.46.080) |
D. Lot Standards.
1. Lot Size.
a. City Standard. No minimum lot size has been established.
b. Thurston County Standard. The city defers to the Thurston County health department to determine minimum lot size.
2. Circle Diameter. Forty (40) feet.
3. Residential Density. Density is calculated by dividing the number of units by the site area. The allowed density is generally based on the availability of sewers. Where sewer is not available, the city defers to the Thurston County health department to establish maximum densities.
a. Individual Water and Septic. One (max.) du/ac.
b. Public Water and Individual Septic. Two to 3.48 (max.) dus/ac.
c. Public Water and Sewer. Fourteen (14) (max.) dus/ac.
4. Commercial and Industrial Density. Density is based on a unit volume of sewage for commercial or industrial use. The allowed density is generally based on the availability of sewers. Where sewer is not available, the city defers to the Thurston County health department to establish maximum densities.
E. Development Options and Subdivision. (Reserved).
F. Additional Zone-Specific Standards.
1. Residential Uses. Residential uses may only be allowed as part of a mixed-use development.
2. On-Street Parking. Required parking may be provided on street provided the following standards are met:
a. An on-street parking space shall have the following length of uninterrupted curb adjoining to the lot of record of the proposed use:
Uninterrupted Curb Per On-Street Parking Space | |
|---|---|
Parking Space Angle | Uninterrupted Curb |
Parallel | 22' |
45˚/60˚ | 20' |
90˚ | 9' |
b. On-street parking shall not be provided along a yellow curb or other no parking areas put in place by the city or WSDOT.
c. The on-street parking shall follow the established configuration of existing on-street parking.
d. On-street parking spaces shall be available for use by the public at all times. Signs or actions limiting public use of on-street spaces are prohibited. (Ord. 665 § 29 (part), 2017)
A. Intent. The IND zone allows commercial and utility activities, as well as small- and large-scale industrial types of activities. The zone also provides an applicant the opportunity to create a master plan, subject to the provisions of Chapter 18.180, if an individual wants to develop a wider variety of commercial uses than are allowed by right within the zone.
B. Physical Development. Standards applicable to physical development in the IND zone are provided on the following pages. Where a cross-reference is listed, see the referenced document, division, chapter or section for additional standards.
1. Setbacks (min.) | Section 18.48.040 |
Front: | 0' |
Side: | 0' |
Rear: | 0' |
Garage/Carport: | 0' |
2. Impervious Surfaces | |
Individual Water and Septic | 50% |
Public Water and Individual Septic | 50% |
Public Water and Sewer | 50% |
3. Landscaping | Section 18.48.100 |
4. Fencing | Section 18.48.040 |
Height in any front yard (max.) | 4' |
Height in any side yard (max.) | 6' |
Height in any rear yard (max.) | 6' |
5. Building Height | Section 18.48.040 |
Maximum | 40' |
6. Environmental Standards | |
SEPA Review | Div. 4 |
Critical Area Buffers | Div. 5 |
Wetlands | 25' – 300' |
CARAs | protect water source |
Frequently Flooded Areas | 50' |
Geologically Hazardous Areas | slope ht. |
Wildlife Habitat | varies |
7. Signs | Section 18.48.130 |
8. Grading, Erosion Control, Stormwater | |
Grading and Erosion Control | Chapter 12.08 |
Stormwater Mgmt. | Chapter 12.16 |
9. Required Physical Development Permits (reserved) | |
C. Allowed Uses and Use Standards. Standards applicable to use are provided in this subsection. Where a cross-reference is listed, see the referenced division or section for additional standards. All standards in this division are applicable unless stated otherwise.
1. Allowed Uses | 2. Parking (Chapter 18.45) | ||
|---|---|---|---|
Use | Definition/ | Permit | Minimum Required |
Institutional Uses |
|
| |
Emergency Services | 18.44.060(E) | Y | Independent Calculation |
Commercial Uses |
|
| |
Mobile Food Vendor | 18.44.070(F) | Y | Independent Calculation |
Heavy Retail/Service | 18.44.070(G) | Y | 2 per 1,000 sf + 3 per repair bay + 1 per wash bay |
Storage | 18.44.070(H) | A | Independent Calculation |
Nursery | 18.44.070(I) | Y | 2 per 1,000 sf + 1 per 4,000 sf outdoor display area + 1 per employee |
Battery Exchange Station | 18.44.070(J) | Y | Independent Calculation |
Sexually Oriented Business | 18.44.070(K) | C | 3 per 1,000 sf |
Industrial Uses |
|
| |
Craft Food Production | 18.44.090(B) | Y | Independent Calculation |
Light Industry | 18.44.090(C) | Y | 0.5 per employee + 1 per company vehicle |
Heavy Industry | 18.44.090(D) | C | 0.5 per employee + 1 per company vehicle |
Disposal | 18.44.090(E) | PF | 1 per employee |
Landscape Supply Yard | 18.44.090(F) | Y | 0.5 per employee |
Transportation and Infrastructure Uses |
|
| |
Parking | 18.44.100(B) | C | n/a |
Utility Facility | 18.44.100(C) | C | 1 per employee + 1 per stored vehicle |
Sewer Facility | 18.44.100(D) | PF | 1 per employee + 1 per stored vehicle |
Wireless Telecommunications Facility | 18.44.100(E) | A/C | 1 per employee + 1 per stored vehicle |
Accessory Uses |
|
| |
Drive-Up Facility | 18.44.110(F) | A | n/a |
Battery Charging Station | 18.44.110(H) | Y | n/a |
Temporary Uses |
|
| |
Christmas Tree Sales | 18.44.120(D) | Y | 1 per 1,000 sf outdoor display area + 1 per employee |
Temporary Real Estate Sales Office | 18.44.120(E) | A | 2 |
Temporary Shelter | 18.44.120(F) | A | 2 per DU |
Temporary Gravel Processing | 18.44.120(G) | A | 1 per employee |
Y = Use allowed without use permit A = Administrative Use Permit required | |||
3. Performance Standards | |
|---|---|
Outdoor Storage | (Section 18.46.020) |
Recreational Vehicles | allowed if standards are met |
Outdoor Storage Areas and Yards | allowed if standards are met |
Shipping Containers and Compartments | prohibited except during construction |
Refuse and Recycling | (Section 18.46.030) |
Trash and recycling enclosure required | > 4 DUs and all nonresidential |
Noise | (Section 18.46.040) |
Sound level at property line (max.) | 75 dBA |
Vibration | (Section 18.46.050) |
Odors | (Section 18.46.060) |
Light and Glare | (Section 18.46.070) |
Radioactivity and Electrical Disturbances | (Section 18.46.080) |
D. Lot Standards.
1. Lot Size.
a. City Standard. No minimum lot size has been established.
b. Thurston County Standard. The City defers to the Thurston County health department to determine minimum lot size.
2. Residential Density. Residential uses are prohibited in the industrial zone.
3. Commercial and Industrial Density. Density is based on a unit volume of sewage for commercial or industrial use. The allowed density is generally based on the availability of sewers. Where sewer is not available, the city defers to the Thurston County health department to establish maximum densities.
E. Development Options and Subdivision. (Reserved).
F. Additional Zone-Specific Standards
1. Setbacks from Residential. Industrial uses must maintain a setback of at least twenty-five (25) feet from all residentially zoned property. Fencing, landscaping, or a combination of the two must be utilized in order to minimize potential adverse impacts on residential uses. (Ord. 689 § 2, 2020; Ord. 665 § 29 (part), 2017)
A. Intent. The FRL zone provides for agricultural, mineral, and forest uses and some commercial and utilities activities. The zone is primarily established in consideration of resource lands of long-term significance that are currently within the city of Rainier.
B. Physical Development. Standards applicable to physical development in the FRL zone are provided in this section. Where a cross-reference is listed, see the referenced document, division, chapter or section for additional standards.
1. Setbacks (min.) | Section 18.48.040 |
Front: | 0' |
Side: | 0' |
Rear: | 0' |
Garage/Carport: | 0' |
2. Impervious Surfaces | |
Individual Water and Septic | 5% |
Public Water and Individual Septic | 100% |
Public Water and Sewer | 100% |
3. Landscaping | Section 18.48.100 |
4. Fencing | Section 18.48.040 |
Height in any front yard (max.) | 4' |
Height in any side yard (max.) | 6' |
Height in any rear yard (max.) | 6' |
5. Building Height | Section 18.48.040 |
Maximum | n/a |
6. Environmental Standards | |
SEPA Review | Div. 4 |
Critical Area Buffers | Div. 5 |
Wetlands | 25 – 300' |
CARAs | protect water source |
Frequently Flooded Areas | 50' |
Geologically Hazardous Areas | slope ht. |
Wildlife Habitat | varies |
7. Signs | Section 18.48.130 |
8. Grading, Erosion Control, Stormwater | |
Grading and Erosion Control | Chapter 12.08 |
Stormwater Mgmt. | Chapter 12.16 |
9. Required Physical Development Permits (reserved) | |
C. Allowed Uses and Use Standards. Standards applicable to use are provided in this subsection. Where a cross-reference is listed, see the referenced division or section for additional standards. All standards in this division are applicable unless stated otherwise.
1. Allowed Uses | 2. Parking (Chapter 18.45) | ||
|---|---|---|---|
Use | Definition/ | Permit | Minimum Required |
Open Space Uses |
|
| |
Forestry | 18.44.030(B) | Y | n/a |
Agriculture | 18.44.030(C) | Y | n/a |
Residential Uses |
|
| |
Detached Single-Family Unit | 18.44.040(B) | Y | 2 per DU |
Commercial Uses |
|
| |
Nursery | 18.44.070(I) | Y | 2 per 1,000 sf + 1 per 4,000 sf outdoor display area + 1 per employee |
Transportation and Infrastructure Uses |
|
| |
Utility Facility | 18.44.100(C) | C | 1 per employee + 1 per stored vehicle |
Wireless Telecommunications Facility | 18.44.100(E) | A/C | 1 per employee + 1 per stored vehicle |
Accessory Uses |
|
| |
Accessory Dwelling Unit | 18.44.110(B) | A | 1 per DU |
Bed and Breakfast | 18.44.110(C) | Y | 0.75 per LU |
Battery Charging Station | 18.44.110(H) | Y | n/a |
Temporary Uses |
|
| |
Yard Sale | 18.44.120(B) | Y | n/a |
Christmas Tree Sales | 18.44.120(C) | Y | 1 per 1,000 sf outdoor display area + 1 per employee |
Farm Stand | 18.44.120(D) | Y | 5 per 1,000 sf display area |
Temporary Shelter | 18.44.120(F) | A | 2 per DU |
Temporary Gravel Processing | 18.44.120(G) | A | 1 per employee |
Y = Use allowed without use permit A = Administrative Use Permit required | |||
3. Performance Standards | |
|---|---|
Outdoor Storage | (Section 18.46.020) |
Recreational Vehicles | allowed if standards are met |
Outdoor Storage Areas and Yards | allowed if standards are met |
Shipping Containers and Compartments | Prohibited except during construction |
Refuse and Recycling | (Section 18.46.030) |
Trash and recycling enclosure required | > 4 DUs and all nonresidential |
Noise | (Section 18.46.040) |
Sound level at property line (max.) | 75 dBA |
Vibration | (Section 18.46.050) |
Odors | (Section 18.46.060) |
Light and Glare | (Section 18.46.070) |
Radioactivity and Electrical Disturbances | (Section 18.46.080) |
D. Lot Standards. (Reserved.)
E. Development Options and Subdivision. (Reserved.)
F. Additional Zone-Specific Standards (Reserved.) (Ord. 665 § 30 (part), 2017)
A. Intent. The P/PF zone provides for moderate- and large-scale activities relating to the purposes of state and local governmental entities and semi-public institutions by providing necessary public services. The designation allows for the specialized needs of providing public services to all areas of Rainier.
B. Physical Development. Standards applicable to physical development in the P/PF zone are provided in this section. Where a cross-reference is listed, see the referenced document, division, chapter or section for additional standards.
1. Setbacks (min.) | Section 18.48.040 |
Front: | case by case |
Side: | case by case |
Rear: | case by case |
Garage/Carport: | case by case |
2. Impervious Surfaces |
|
Individual Water and Septic | 75% |
Public Water and Individual Septic | 100% |
Public Water and Sewer | 100% |
3. Landscaping | Section 18.48.100 |
4. Fencing | Section 18.48.040 |
Height in any front yard (max.) | 4' |
Height in any side yard (max.) | 6' |
Height in any rear yard (max.) | 6' |
5. Building Height | Section 18.48.040 |
Maximum | case by case |
6. Environmental Standards |
|
SEPA Review | Div. 4 |
Critical Area Buffers | Div. 5 |
Wetlands | 25 – 300' |
CARAs | protect water source |
Frequently Flooded Areas | 50' |
Geologically Hazardous Areas | slope ht. |
Wildlife Habitat | varies |
7. Signs | Section 18.48.130 |
8. Grading, Erosion Control, Stormwater | |
Grading and Erosion Control | Chapter 12.08 |
Stormwater Mgmt. | Chapter 12.16 |
9. Required Physical Development Permits (reserved) | |
C. Allowed Uses and Use Standards. Standards applicable to use are provided in this subsection. Where a cross-reference is listed, see the referenced division or section for additional standards. All standards in this division are applicable unless stated otherwise.
1. Allowed Uses | 2. Parking (Chapter 18.45) | ||
|---|---|---|---|
Use | Definition/ | Permit | Minimum Required |
Residential Uses |
|
| |
Correctional Group Home | 18.44.040(F) | PF | 0.5 per bed |
Lodging Uses |
|
| |
Campground | 18.44.050(C) | C | 1 per campsite + 1 per 7.5 campsites |
Institutional Uses |
|
| |
Assembly | 18.44.060(B) | C | Independent Calculation |
Day Care Center | 18.44.060(C) | C | 0.5 per employee |
School | 18.44.060(D) | C | Independent Calculation |
Emergency Services | 18.44.060(E) | C | Independent Calculation |
Commercial Uses |
|
| |
Mobile Food Vendor | 18.44.070(F) | A | Independent Calculation |
Amusement and Recreation |
|
| |
Amusement | 18.44.080(B) | C | 3 per 1,000 sf |
Outdoor Recreation | 18.44.080(C) | C | Independent Calculation |
Developed Recreation | 18.44.080(D) | C | Independent Calculation |
Industrial Uses |
|
| |
Disposal | 18.44.090(E) | PF | 1 per employee + 1 per stored vehicle |
Transportation and Infrastructure Uses |
|
| |
Parking | 18.44.100(B) | C | n/a |
Utility Facility | 18.44.100(C) | C | 1 per employee + 1 per stored vehicle |
Sewer Facility | 18.44.100(D) | PF | 1 per employee + 1 per stored vehicle |
Wireless Telecommunications Facility | 18.44.100(E) | A/C | 1 per employee + 1 per stored vehicle |
Accessory Uses |
|
| |
Battery Charging Station | 18.44.110(H) | Y | n/a |
Temporary Uses |
|
| |
Temporary Shelter | 18.44.120(F) | A | 2 per DU |
Temporary Gravel Processing | 18.44.130(G) | A | 1 per employee |
Y = Use allowed without use permit A = Administrative Use Permit required | |||
3. Performance Standards | |
|---|---|
Outdoor Storage | (Section 18.46.020) |
Recreational Vehicles | allowed if standards are met |
Outdoor Storage Areas and Yards | Prohibited |
Shipping Containers and Compartments | Prohibited except during construction |
Refuse and Recycling | (Section 18.46.030) |
Trash and recycling enclosure required | > 4 DUs and all nonresidential |
Noise | (Section 18.46.040) |
Sound level at property line (max.) | 75 dBA |
Vibration | (Section 18.46.050) |
Odors | (Section 18.46.060) |
Light and Glare | (Section 18.46.070) |
Radioactivity and Electrical Disturbances | (Section 18.46.080) |
D. Lot Standards. (Reserved.)
E. Development Options and Subdivision. (Reserved.)
F. Additional Zone-Specific Standards. (Reserved.) (Ord. 665 § 30 (part), 2017)
A. Intent. T/OS/P zone contains parcels that have parks and recreational activities and their associated accessory uses. The zone is meant to continue the allowance of these uses.
B. Physical Development. Standards applicable to physical development in the T/OS/P zone are provided in this section. Where a cross-reference is listed, see the referenced document, division, chapter or section for additional standards.
1. Setbacks (min.) | Section 18.48.040 |
Front: | case by case |
Side: | case by case |
Rear: | case by case |
Garage/Carport: | case by case |
2. Impervious Surfaces | |
Individual Water and Septic | 75% |
Public Water and Individual Septic | 100% |
Public Water and Sewer | 100% |
3. Landscaping | Section 18.48.100 |
4. Fencing | Section 18.48.040 |
Height in any front yard (max.) | 4' |
Height in any side yard (max.) | 6' |
Height in any rear yard (max.) | 6' |
5. Building Height | Section 18.48.040 |
Maximum | case by case |
6. Environmental Standards | |
SEPA Review | Div. 4 |
Critical Area Buffers | Div. 5 |
Wetlands | 25 – 300' |
CARAs | protect water source |
Frequently Flooded Areas | 50' |
Geologically Hazardous Areas | slope ht. |
Wildlife Habitat | varies |
7. Signs | Section 18.48.130 |
8. Grading, Erosion Control, Stormwater | |
Grading and Erosion Control | Chapter 12.08 |
Stormwater Mgmt. | Chapter 12.16 |
9. Required Physical Development Permits (reserved) | |
C. Allowed Uses and Use Standards. Standards applicable to use are provided in this subsection. Where a cross-reference is listed, see the referenced division or section for additional standards. All standards in this division are applicable unless stated otherwise.
1. Allowed Uses | 2. Parking (Chapter 18.45) | ||
|---|---|---|---|
Use | Definition/ | Permit | Minimum Required |
Lodging Uses |
|
| |
Campground | 18.44.050(C) | C | 1 per campsite + 1 per 7.5 campsites |
Commercial Uses |
|
| |
Mobile Food Vendor | 18.44.070(F) | A | Independent Calculation |
Amusement and Recreation |
|
| |
Amusement | 18.44.080(B) | C | 3 per 1,000 sf |
Outdoor Recreation | 18.44.080(C) | C | Independent Calculation |
Developed Recreation | 18.44.080(D) | C | Independent Calculation |
Transportation and Infrastructure Uses |
|
| |
Utility Facility | 18.44.100(C) | C | 1 per employee + 1 per stored vehicle |
Wireless Telecommunications Facility | 18.44.100(E) | A/C | 1 per employee + 1 per stored vehicle |
Accessory Uses |
|
| |
Battery Charging Station | 18.44.110(H) | Y | n/a |
Temporary Uses |
|
| |
Temporary Shelter | 18.44.120(F) | A | 2 per DU |
Temporary Gravel Processing | 18.44.120(G) | A | 1 per employee |
Y = Use allowed without use permit A = Administrative Use Permit required | |||
3. Performance Standards | |
|---|---|
Outdoor Storage | (Section 18.46.020) |
Recreational Vehicles | allowed if standards are met |
Outdoor Storage Areas and Yards | allowed if standards are met |
Shipping Containers and Compartments | Prohibited except during construction |
Refuse and Recycling | (Section 18.46.030) |
Trash and recycling enclosure required | > 4 DUs and all nonresidential |
Noise | (Section 18.46.040) |
Sound level at property line (max.) | 75 dBA |
Vibration | (Section 18.46.050) |
Odors | (Section 18.46.060) |
Light and Glare | (Section 18.46.070) |
Radioactivity and Electrical Disturbances | (Section 18.46.080) |
D. Lot Standards. (Reserved.)
E. Development Options and Subdivision. (Reserved).
F. Additional Zone-Specific Standards. (Reserved). (Ord. 665 § 30 (part), 2017)
The use schedule establishes the principal, accessory, and temporary uses allowed in each zone. The definitions and standards for each use are established in Sections 18.44.030 through 18.44.120 and referenced in the table. Additional uses may be allowed in a zone as part of an allowed development option as specified in Division 6 of this title, Subdivisions and Platting. The permit required for each allowed use is designated using the following symbols:
A. “Y” denotes an allowed use that does not require a use permit. Physical development permits are still required as applicable.
B. “A” denotes an allowed use that requires an administrative use permit to be obtained pursuant to Section 18.20.030.
C. “C” denotes an allowed use that requires a conditional use permit to be obtained pursuant to Section 18.20.040. A conditional use is generally compatible with the character of a zone but requires individual review of its configuration, density, and intensity in order to mitigate effects that may be adverse to the desired character of the zone.
D. “PF” denotes an allowed use that requires a public facilities use permit to be obtained pursuant to Section 18.20.060. Public facilities uses are inherently incompatible with the character of the zone, but essential to the community; therefore, some provision must be made for their existence and operation. Public facilities uses require specified locations due to common neighborhood opposition. These locations must be determined by a comprehensive community-wide selection process designed to identify locations that best serve the special use while minimizing the negative impacts and obtrusiveness. Public facilities uses also require individual review of their configuration, density, and intensity in order to mitigate effects that are adverse to the desired character of the zone. As a use, essential public facilities are treated as listed or substantially similar to listed use types, but may require a public facilities use permit even when another permit type is listed.
USE SCHEDULE Key: Y = Use allowed without use permit A = Administrative Use Permit required C = Conditional Use Permit required PF = Public Facilities Use Permit required -- = Use not allowed * = Use legally established prior to October 9, 2012, considered a conforming use. No new uses allowed in the zone. | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
Use Category | Residential Zones | Nonresidential Zones | Special Purpose Zones | Def/Stds | |||||||
Specific Use | EN | R 6-8 | R 8-25 | CC | SC | HC | IND | FRL | P/PF | T/OS /P |
|
Open Space Uses |
|
|
| ||||||||
Forestry | -- | -- | -- | -- | -- | -- | -- | Y | -- | -- | 18.44.030(B) |
Agriculture | -- | -- | -- | -- | -- | -- | -- | Y | -- | -- | 18.44.030(C) |
Residential Uses |
|
|
| ||||||||
Detached Single-Family Unit | Y | Y | Y | -- | Y* | -- | -- | Y | -- | -- | 18.44.040(B) |
Attached Single-Family Unit | -- | Y | Y | A | A | A | -- | -- | -- | -- | 18.44.040(C) |
Apartment | -- | Y | Y | A | A | A | -- | -- | -- | -- | 18.44.040(D) |
Group Home | -- | C | A | A | A | A | -- | -- | -- | -- | 18.44.040(E) |
Correctional Group Home | -- | -- | -- | -- | -- | -- | -- | -- | PF | -- | 18.44.040(F) |
Lodging Uses |
|
|
| ||||||||
Conventional Lodging | -- | -- | -- | Y | Y | Y | -- | -- | -- | -- | 18.44.050(B) |
Campground | -- | -- | -- | -- | -- | -- | -- | -- | C | C | 18.44.050(C) |
Institutional Uses |
|
|
| ||||||||
Assembly | C | C | C | C | A | C | -- | -- | C | -- | 18.44.060(B) |
Day Care Center | -- | C | C | C | Y | Y | -- | -- | C | -- | 18.44.060(C) |
School | -- | C | C | C | C | C | -- | -- | C | -- | 18.44.060(D) |
Emergency Services | -- | C | C | C | A | A | Y | -- | C | -- | 18.44.060(E) |
Commercial Uses |
|
|
| ||||||||
Office | -- | -- | -- | Y | Y | Y | -- | -- | -- | -- | 18.44.070(B) |
Retail | -- | -- | -- | Y | Y | Y | -- | -- | -- | -- | 18.44.070(C) |
Service | -- | -- | -- | Y | Y | Y | -- | -- | -- | -- | 18.44.070(D) |
Restaurant/Bar | -- | -- | -- | A | A | Y | -- | -- | -- | -- | 18.44.070(E) |
Mobile Food Vendor | -- | -- | -- | Y | Y | Y | Y | -- | A | A | 18.44.070(F) |
Heavy Retail/Service | -- | -- | -- | C | A | Y | Y | -- | -- | -- | 18.44.070(G) |
Storage | -- | -- | -- | -- | A | -- | A | -- | -- | -- | 18.44.070(H) |
Nursery | -- | -- | -- | -- | Y | Y | Y | Y | -- | -- | 18.44.070(I) |
Battery Exchange Station | -- | -- | -- | C | Y | Y | -- | -- | -- | -- | 18.44.070(J) |
Sexually Oriented Business | -- | -- | -- | -- | -- | -- | C | -- | -- | -- | 18.44.070(K) |
Amusement and Recreation |
|
|
| ||||||||
Amusement | -- | -- | -- | A | A | A | -- | -- | C | C | 18.44.080(B) |
Outdoor Recreation | Y | Y | Y | Y | Y | Y | -- | -- | Y | Y | 18.44.080(C) |
Developed Recreation | C | C | C | A | A | A | -- | -- | A | A | 18.44.080(D) |
Industrial Uses |
|
|
| ||||||||
Craft Food Production | -- | -- | -- | A | A | A | Y | -- | -- | -- | 18.44.090(B) |
Light Industry | -- | -- | -- | C | C | A | Y | -- | -- | -- | 18.44.090(C) |
Heavy Industry | -- | -- | -- | -- | -- | -- | C | -- | -- | -- | 18.44.090(D) |
Disposal | -- | -- | -- | -- | -- | -- | PF | -- | PF | -- | 18.44.090(E) |
Landscape Supply Yard | -- | -- | -- | -- | -- | -- | Y | -- | -- | -- | 18.44.090(F) |
Transportation and Infrastructure Uses |
|
|
| ||||||||
Parking | -- | C | C | C | C | C | C | -- | C | -- | 18.44.100(B) |
Utility Facility | C | C | C | C | C | C | C | C | C | C | 18.44.100(C) |
Sewer Facility | -- | -- | -- | -- | -- | -- | PF | -- | PF | -- | 18.44.100(D) |
Wireless Telecommunications Facility | A/C | A/C | A/C | A/C | A/C | A/C | A/C | A/C | A/C | A/C | 18.44.100(E) |
Accessory Uses |
|
|
| ||||||||
Accessory Dwelling Unit | A | A | A | A | A | A | -- | A | -- | -- | 18.44.110(B) |
Bed and Breakfast | A | A | A | Y | Y | Y | Y | -- | -- | -- | 18.44.110(C) |
Home Occupation | A | A | A | A | A | A | -- | -- | -- | -- | 18.44.110(D) |
Home Business | C | C | C | C | C | C | -- | -- | -- | -- | 18.44.110(E) |
Drive-Up Facility | -- | -- | -- | C | A | A | A | -- | -- | -- | 18.44.110(F) |
Home Day Care | Y | Y | Y | Y | Y | Y | -- | -- | -- | -- | 18.44.110(G) |
Battery Charging Station | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | 18.44.110(H) |
Temporary Uses |
|
|
| ||||||||
Yard Sale | Y | Y | Y | Y | Y | Y | -- | Y | -- | -- | 18.44.120(B) |
Christmas Tree Sales | -- | -- | -- | Y | Y | Y | Y | Y | -- | -- | 18.44.120(C) |
Farm Stand | Y | Y | Y | Y | Y | Y | -- | Y | -- | -- | 18.44.120(D) |
Temporary Real Estate Sales Office | A | A | A | A | A | A | A | -- | -- | -- | 18.44.120(E) |
Temporary Shelter | A | A | A | A | A | A | A | A | A | A | 18.44.120(F) |
Temporary Gravel Processing | A | A | A | A | A | A | A | A | A | A | 18.44.120(G) |
(Ord. 689 § 3, 2020; Ord. 665 § 31 (part), 2017)
A. Definition of Use. “Use” means the purpose or activity for which land or buildings are designed, arranged, intended, divided, or occupied, maintained, rented, or leased, and includes any manner of performance of such activity with respect to the performance standards of these development standards. A use often involves the placement of structures or facilities for industry, commerce, habitation, or recreation.
B. Classification of Uses.
1. Principal Use. A “principal use” is a use that may exist as the sole use of the property. More than one principal use may exist on a property. A principal use includes all incidental uses. Principal uses are organized into ten (10) categories:
a. Open Space Uses (Section 18.44.030).
b. Residential Uses (Section 18.44.040).
c. Lodging Uses (Section 18.44.050).
d. Institutional Uses (Section 18.44.060).
e. Commercial Uses (Section 18.44.070).
f. Amusement and Recreation Uses (Section 18.44.080).
g. Industrial Uses (Section 18.44.090).
h. Transportation and Infrastructure Uses (Section 18.44.100).
i. Accessory Uses (Section 18.44.110).
j. Temporary Uses (Section 18.44.120).
2. Incidental Use. An “incidental use” is a use that is commonly integrated into the operation of a principal use, even if the incidental use would be classified as a different use if it were separated.
3. Accessory Use. An “accessory use” is a use that constitutes a minority of the use or character of the property and is secondary and subordinate to another use of the same property, but which is not an incidental use.
4. Primary Use. A “primary use” is a use to which an accessory use is secondary and subordinate.
5. Temporary Use. A “temporary use” is a use established for a fixed period of time.
C. Multiple Uses. Each use listed as a separate row in the use schedule requires a permit unless the use is incidental to a permitted use or the use is exempt from a permit.
D. Use Not Listed. If a use is not listed as a use in a zone, it must be considered to be a prohibited use. The community development director is authorized to make an interpretation pursuant to Section 18.20.020 to determine if a use not listed in this title is allowed or prohibited. If the community development director determines that a use is allowed, the community development director must also determine the zone(s) in which the use may be permitted and the type(s) of use permit required. (Ord. 665 § 31 (part), 2017)
A. All Open Space Uses.
1. Definition. An “open space use” is the enjoyment or maintenance of land that occurs predominantly outside of any structure.
B. Forestry.
1. Definition. “Forestry” is the commercial harvesting of forest products, and scientific research related to management of forestlands.
a. Includes:
i. Timber harvesting;
ii. Gathering of forest products (for example: bark, berries, mushrooms);
iii. Silviculture.
C. Agriculture.
1. Definition. “Agriculture” is the farming or ranching of land.
a. Includes:
i. Cultivation of the soil;
ii. Production of forage or crops;
iii. Growing of ornamental or landscaping plants;
iv. Greenhouses;
v. Rearing, feeding, and management of livestock. (Ord. 665 § 31 (part), 2017)
A. All Residential Uses.
1. Definition. A “residential use” is a living facility that includes permanent provision for living, sleeping, eating, cooking, and sanitation.
B. Detached Single-Family Unit.
1. Definition. A “detached single-family unit” is a single residential unit occupied by not more than one family having no roof, wall, or floor in common with any other residential unit or nonresidential unit, except as modified below.
a. Includes:
i. Single-family units attached to accessory dwelling units;
ii. Detached townhouse units;
iii. Individual manufactured homes and modular homes when sited on a permanent foundation in accordance with Rainier’s building code.
b. Does not include:
i. Mobile homes;
ii. Individual manufactured homes and modular homes when not sited on a permanent foundation;
iii. Recreational vehicles.
2. Standards.
a. A detached single-family unit must be at least fourteen (14) feet in width at the narrowest point of its first story.
b. Each entrance door of a detached single-family unit must have a finished porch or deck.
c. If the detached single-family unit is a manufactured home, the following standards apply:
i. The manufactured home must be no more than ten (10) years old on the date of installation; and
ii. Proof of title elimination must be provided prior to building occupancy.
C. Attached Single-Family Unit.
1. Definition. An “attached single-family unit” is a residential unit occupied by not more than one family, which is connected to at least one other dwelling unit or nonresidential unit by one or more common walls.
a. Includes:
i. Attached townhouse units;
ii. Condominiums.
b. Does not include:
i. Apartments;
ii. Single-family units attached to accessory dwelling units.
D. Apartment.
1. Definition. An “apartment” is a single-family unit that cannot be owned as a separate, single unit.
a. Does not include:
i. Townhouse;
ii. Condominium;
iii. Accessory dwelling unit.
E. Group Home.
1. Definition. A “group home” is a residential unit occupied by more than six unrelated individuals, which typically offers shelter, medical and mental health services, and other care-related services to residents.
a. Includes:
i. Nursing homes and assisted living facilities;
ii. Group living facilities with related sheltered care facilities;
iii. Residential facilities for the developmentally disabled including on-site training facilities;
iv. Dormitories.
b. Does not include:
i. Correctional group home.
F. Correctional Group Home.
1. Definition. “Correctional group home” means publicly or privately operated living accommodations for adults and juveniles under the jurisdiction of the criminal justice system.
a. Includes:
i. State-licensed group care homes or halfway houses for individuals that provide residence in lieu of incarceration.
ii. Halfway houses providing residence to individuals needing correction or for individuals selected to participate in state-operated work release and prerelease programs.
iii. Group homes for individuals who have been convicted of a violent crime against a person or a crime against property with a sexual motivation and charged or convicted as a sexual or assaultive violent predator.
2. Standards.
a. Separation.
i. A correctional group home must be located a minimum of six hundred (600) feet from all other correctional group homes.
ii. Correctional group homes must also be located a minimum of one thousand (1,000) feet from the following:
1. Schools, both public and private;
2. Parks and playgrounds; and
3. Day care centers.
b. Registration and Licensing. Group homes must obtain all licenses necessary for operation by state and federal agencies. (Ord. 665 § 31 (part), 2017)
A. All Lodging Uses.
1. Definition. A “lodging use” is a sleeping unit or residential unit rented such that occupancy is limited to less than thirty-one (31) days.
B. Conventional Lodging.
1. Definition. “Conventional lodging use” is any lodging use other than those specifically defined elsewhere in this section.
a. Includes:
i. Hotels;
ii. Motels;
iii. Boutique hotels and inns.
b. Does not include:
i. Short-term rental units;
ii. Campgrounds;
iii. Bed and breakfasts.
C. Campground.
1. Definition. A “campground” is an establishment providing campsites for accommodations such as tents, recreational vehicles, campers, or trailers that are brought to the campground for overnight or short-term use.
a. Includes:
i. Recreational vehicle (RV) parks;
b. Does not include:
i. Mobile home parks.
2. Standards.
a. Permanent Structures. A campground may have permanent structures that are solely for the occupants of the campground, including a management office, laundry facilities, storage facilities, sanitary facilities, outdoor or developed recreation facilities such as parks or playgrounds, and other amenities.
b. Campsite. A campground campsite consists of a gravel, paved, or grass area where a recreational vehicle, camper, trailer, or tent is parked or located, and includes associated amenities and parking.
c. Restroom and Shower Facilities. Restroom and shower facilities are required for all campgrounds based on the number of campsites and utility hookups at the campground.
Number of Sites | Toilets | Lavatories | Showers | |||
|---|---|---|---|---|---|---|
Men | Women | Men | Women | Men | Women | |
30 Full Hookup | 1 | 1 | 1 | 1 | 1 | 1 |
15 Partial Hookup or Tent | 1 | 1 | 1 | 1 | 1 | 1 |
d. Occupancy. Campsite occupancy is limited to short-term use of less than thirty-one (31) days in any ninety (90) day period. Campground employees may be permitted to occupy a campsite for longer than thirty-one (31) days.
e. Ownership. Each of the campsites located at a campground must be owned by the same entity that owns the campground. No fractional ownership, timeshares or memberships of campsites is permitted. (Ord. 665 § 31 (part), 2017)
A. All Institutional Uses.
1. Definition. An “institutional use” is the provision of a public or semi-public service by a public or private entity.
B. Assembly.
1. Definition. An “assembly use” is an institutional use typically characterized by a public or semi-public gathering area.
a. Includes:
i. Cemeteries;
ii. Churches;
iii. Community centers;
iv. Libraries;
v. Museums;
vi. Hospitals;
vii. Reception halls.
C. Day Care Center.
1. Definition. “Day care center” means the provision of care on a regular basis for a group of children or adults for periods of less than twenty-four (24) hours outside of a home setting, with no limitation as to the number of clients.
a. Does not include:
i. Family home day cares;
ii. Home day cares.
2. Standards.
a. Each day care center must meet all applicable Washington State child care licensing requirements.
D. School.
1. Definition. “School” means public or private primary, secondary, vocational, or higher educational facilities.
E. Emergency Services.
1. Definition. “Emergency services” means the use of a property for police, fire, or emergency medical aid, including private ambulance services. (Ord. 665 § 31 (part), 2017)
A. All Commercial Uses.
1. Definition. A “commercial use” is the sale of goods or services.
B. Office.
1. Definition. An “office use” is a professional service or other activity customarily provided in an office environment where appointments are scheduled.
a. Includes:
i. Legal, accounting, investment, and financial services;
ii. Medical, dental, and other health services;
iii. Engineering, architectural, and other design services;
iv. Counseling and social services;
v. Insurance and real estate;
vi. Broadcast studios for television and radio;
vii. Administrative and sales offices for business, industry, and government; provided, that only administrative, bookkeeping, and clerical types of activities are conducted on site.
C. Retail.
1. Definition. “Retail” is the sale of goods.
a. Includes:
i. Retail sale of antiques, apparel and accessories, auto parts, books, sporting goods, hardware, liquor, home furnishings, computers and electronics, and other general specialty merchandise;
ii. Food stores, delis, health food, drug stores, retail bakeries;
iii. Candy and ice cream/yogurt shops.
D. Service.
1. Definition. “Service” is the provision of a service outside of an office environment, in a typically nonscheduled environment.
a. Includes:
i. Banks, savings and loans, and credit unions;
ii. Laundry and dry cleaners, including self-service laundries;
iii. Beauty and barber shops;
iv. Tanning and massage;
v. Repair and maintenance of small appliances, TV and electronics, furniture, garments, shoes and other leather goods, including tack;
vi. Taxidermy;
vii. Mortuary/funeral home;
viii. Pet grooming, kennels and veterinary services, with indoor runs only.
E. Restaurant/Bar.
1. Definition. A “restaurant” or “bar” is an establishment oriented to the serving of food and/or beverages.
F. Mobile Food Vendor.
1. Definition. A “mobile food vendor” is a food establishment that is readily movable.
a. Includes:
i. Food trucks;
ii. Pushcarts;
iii. Trailers hauled by a licensed vehicle.
G. Heavy Retail/Service.
1. Definition. “Heavy retail/service uses” are retail or service uses that are of a greater intensity and impact than other retail or service uses and may include outdoor storage areas.
a. Includes:
i. Retail sales of lumber and building supplies and materials;
ii. Retail sales of fuels, including gasoline service stations;
iii. Feed and seed outlets;
iv. Rental and servicing of light motorized and nonmotorized tools and equipment;
v. Motorized vehicle rental, sales, service, and repair;
vi. Farm implement supplies, sales and repair;
vii. Car washes;
viii. Veterinary and other pet and livestock services;
ix. Kennels and pet breeders;
x. Landscaping services.
H. Storage.
1. Definition. “Storage” means a business engaged in the storage of items for personal and business use.
a. Includes:
i. Mini-warehousing;
ii. Vehicle and boat storage yards.
b. Does not include:
i. Vehicle impound lots.
2. Standards.
a. Business activities other than rental of storage spaces are prohibited.
b. Indoor/outdoor storage areas are limited to no more than forty thousand (40,000) square feet.
c. All buildings must be sited on a permanent foundation in accordance with Rainier’s building code.
d. Each building must be a minimum of four hundred (400) square feet in size. The community development director or designee may waive this requirement when, due to the site’s topography or shape, a building less than four hundred (400) square feet is logically justified.
I. Nursery.
1. Definition. “Nursery” means an establishment primarily engaged in the retail or wholesale sale of horticultural specialties such as flowers, shrubs and trees, intended for ornamental or landscaping purposes.
J. Battery Exchange Station (RCW 79.13.110).
1. Definition. A “battery exchange station” is a fully automated facility that enables an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process.
2. Standards.
a. Categorical Exemption from the State Environmental Policy Act. Pursuant to RCW 43.21C.410, applications for battery exchange stations are categorically exempt from review under the State Environmental Policy Act subject to the provisions in RCW 43.21C.110.
K. Sexually Oriented Business.
1. Definition. A “sexually oriented business” is a use that includes as a primary part of its business any one or more of the following: an adult entertainment facility; adult-oriented merchandise; adult retail use; panoram; or similar facility, merchandise, or entertainment.
a. Includes:
i. Adult Entertainment Facility. “Adult entertainment facility” means any establishment where the business or activity of the facility includes the following:
(A) Any exhibition, performance, dance or conduct of any type conducted in a premises where such exhibition, performance, or dance involves a person who is unclothed or in such costume, attire, or clothing as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
(B) Any exhibition, performance, dance or conduct of any type conducted in a premises where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to the following specified sexual activities:
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse or sodomy;
(3) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast; or
(4) Any exhibition, performance, dance or conduct which is intended to sexually stimulate any member of the public and which is conducted on a regular basis or as a substantial part of the activities in these premises. This includes, but is not limited to, any such exhibition, performance, dance or conduct performed for, arranged with or engaged in with fewer than all members of the public on the premises at that time, for which payment is made, either directly or indirectly, for such performance, exhibition, dance or conduct and which is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing, or similar types of performances, exhibitions, dances or conduct.
For the purposes of this title, adult entertainment activities do not include the following: plays, operas, musicals, or other dramatic works that are not obscene; classes, seminars and lectures which are held for serious scientific or educational purposes and which are not obscene; or exhibitions, performances, expressions or dances that are not obscene. These exemptions shall not apply to the sexual conduct described in RCW 7.48A.010(2)(b)(ii) and (iii).
ii. Adult-Oriented Merchandise. “Adult-oriented merchandise” means any goods, products, commodities, or other wares, including, but not limited to, videos, CD-ROMs, DVDs, magazines, books, pamphlets, posters, cards, periodicals or nonclothing novelties, which depict, describe or simulate specified anatomical areas or specified sexual activities.
iii. Adult Retail Use. “Adult retail use” means a retail establishment which, for money or any other form of consideration, either:
(A) Has, as a primary part of its business, the purpose or function of selling, exchanging, renting, loaning, trading, transferring, and/or providing for viewing or use, off the premises, any adult-oriented merchandise; or
(B) Provides for, as its substantial stock in trade, the sale, exchange, rental, loan, trade, transfer, and/or provides for viewing or use, off the premises, of any adult-oriented merchandise.
For the purposes of this subsection, a primary part of a business includes, but is not limited to, instances where a business provides or has advertising displays, merchandise, or product information reasonably visible to customers and other persons within the business facilities that shows, displays, or otherwise depicts adult-oriented merchandise or other sexually oriented business activities; provided, however, that it shall not be considered a primary part of a business if such display, merchandise, or product information is only reasonably visible from within a limited portion of the business facility screened from general view, taking up not more than twenty percent (20%) of the customer floor space, and where the access to the limited portion can be controlled to prevent accidental or incidental viewing of the display, merchandise, or product information by customers and other persons outside the limited portion of the business facilities.
Also, for the purposes of this subsection, a substantial stock in trade refers to, but is not limited to, instances where fifty percent (50%) or more of the revenue generated by the business is derived from the sale, exchange, rental, loan, trade, transfer, and/or provision of adult-oriented merchandise; fifty percent (50%) or more of the inventory of the business is adult-oriented merchandise; or fifty percent (50%) or more of the customers of the business buy, exchange, rent, borrow, trade, transfer, and/or shop for adult-oriented merchandise in or from the business.
iv. Panoram. “Panoram” means any device which, for payment of a fee, membership fee, or other charge, is used to view, exhibit, or display a film, videotape, or videodisc. All such devices are denominated in this chapter by the terms “panoram” or “panoram device.” The terms “panoram” and “panoram device” as used in this chapter do not include games which employ pictures, views, or video displays; or state-regulated gambling devices.
b. Additional Definitions. The following definitions apply throughout this title unless the context clearly requires otherwise:
i. Sensitive Receptor Areas. “Sensitive receptor area” means those uses, areas, and zoning designations where children are likely to congregate.
Example: Sensitive receptor areas include residentially zoned property, residential uses; land owned by preschool, primary, and secondary schools; child day care centers and community youth centers; religious assembly uses; bus stops; and public parks or open spaces where children are likely to congregate.
ii. Specified Anatomical Areas. “Specified anatomical areas” means any of the following:
(A) Less than completely and opaquely covered human genitals, anus, pubic region, buttock, or female breast below a point immediately above the top of the areola; or
(B) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
iii. Specified Sexual Activities. “Specified sexual activities” means any of the following:
(A) Human genitals in a state of sexual stimulation or arousal; or
(B) Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; or
(C) Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts, whether clothed or unclothed, of oneself or of one person by another; or
(D) Excretory functions as part of or in connection with any of the activities set forth in this subsection.
2. Standards.
a. Location. Sexually oriented businesses must be located at least two hundred (200) feet from sensitive receptor areas and five hundred (500) feet from any other sexually oriented business. Distances are measured as a straight line between the edge or corner of the property on which the use or sensitive receptor area is located to the nearest edge or corner of the property of a sexually oriented business.
b. Floor Area. The maximum floor area of sexually oriented businesses shall be five thousand (5,000) square feet. (Ord. 689 § 4, 2020; Ord. 665 § 31 (part), 2017)
A. All Amusement and Recreation Uses.
1. Definition. An “amusement and recreation use” is the provision of entertainment.
2. Standards.
a. A traffic study may be required to be submitted with the application for a use permit and must address the amusement and recreation use’s probable effect on the traffic volumes of abutting and nearby streets.
B. Amusement.
1. Definition. “Amusement” is the provision of nonrecreation entertainment.
a. Includes:
i. Bowling alleys;
ii. Movie theaters;
iii. Music halls;
iv. Video arcades;
v. Miniature or putt-putt golf course;
vi. Pool and billiard halls;
vii. Shooting arcades.
C. Outdoor Recreation.
1. Definition. “Outdoor recreation” is the use of land for passive or active recreational or athletic purposes that requires minimal permanent physical development relative to the open space.
a. Includes:
i. Parks;
ii. Community gardens;
iii. Arboretums;
iv. Athletic fields not in stadiums.
2. Standards.
a. Outdoor recreation facilities approved as part of a subdivision proposal do not require a use permit, regardless of the zone in which they are proposed.
D. Developed Recreation.
1. Definition. “Developed recreation” is the use of a physical development for active recreation or athletic purposes.
a. Includes:
i. Gymnasiums;
ii. Swimming pools;
iii. Tennis;
iv. Skateboarding;
v. Racetracks;
vi. Rodeos;
vii. Skating rinks;
viii. Racquetball;
ix. Handball courts;
x. Rock climbing practice facilities;
xi. Health and exercise clubs.
2. Standards.
a. Developed recreation facilities approved as part of a subdivision proposal do not require a use permit, regardless of the zone in which they are proposed. (Ord. 665 § 31 (part), 2017)
A. All Industrial Uses.
1. Definition. An “industrial use” is the manufacturing, assembly, processing, or wholesale distribution of material.
B. Craft Food Production.
1. Definition. “Craft food production” is an industrial use primarily engaged in small-scale manufacturing of food and beverage products.
a. Includes:
i. Wineries and breweries;
ii. Bakeries, chocolatiers, and creameries.
C. Light Industry.
1. Definition. “Light industry” is an industrial use where items are manufactured, assembled, processed, or distributed for the end consumer.
a. Includes:
i. Sheet metal fabrication and wood work;
ii. Building contractors and special trade contractors such as cabinetry, carpet and flooring, insulation, roofing, mechanical, and plumbing and heating;
iii. Processing and packaging of meat and game;
iv. Wholesale sales and distributors;
v. Welding and machine shops;
vi. Industrial laundries and laundry services;
vii. Food service and distribution;
viii. Cleaning and janitorial service and supply;
ix. Distilleries.
D. Heavy Industry.
1. Definition. “Heavy industry” is an industrial use where items are manufactured, assembled, processed, or distributed for intermediary users or has relatively more impact than a light industry use.
a. Includes:
i. Truck and transport terminals;
ii. Bulk storage and distribution facilities for fuels, explosives, pesticides, solvents, and corrosives;
iii. Disinfecting or pest control services;
iv. Paving, excavation, hauling and other contracting services involving heavy equipment;
v. Maintenance and repair of semis and heavy equipment;
vi. Lumber milling;
vii. Stone, clay, and glass product manufacturing.
E. Disposal.
1. Definition. “Disposal” is an operation dedicated to doing away with material.
a. Includes:
i. Sanitary landfills;
ii. Sludge disposal or storage;
iii. Resource recovery or recycling facilities;
iv. Composting operations of a commercial scale or for commercial purposes;
v. Trash compaction;
vi. Transfer stations.
b. Does not include:
i. Hazardous waste disposal.
F. Landscape Supply Yard.
1. Definition. “Landscape supply yard” means a business primarily engaged in the retail or wholesale distribution of bark, mulch, stone, gravel, soil, compost, manure, and other similar organic and inorganic landscaping materials intended for amending soil, preventing weed growth, retaining soil moisture, or otherwise covering the ground between plantings.
a. Does not include:
i. Agriculture;
ii. Forestry;
iii. Nursery;
iv. Heavy retail/service. (Ord. 689 § 5, 2020; Ord. 665 § 31 (part), 2017)
A. All Transportation and Infrastructure Uses.
1. Definition. A “transportation or infrastructure use” is the use of land or water to provide for the movement or storage of vehicles, water, sewage, power, or other utilities.
B. Parking.
1. Definition. “Parking” is the use of a property for parking of motor vehicles that is not ancillary to another use on site.
a. Includes:
i. Surface parking;
ii. Parking structure.
C. Utility Facility.
1. Definition. A “utility facility” is a central component to the provision of a public or semi-public utility that requires a structure.
a. Includes:
i. Substations for electrical, natural gas, and other similar utilities;
ii. Water supply facilities including water tanks and treatment facilities;
iii. Broadcasting towers and dish antennas for radio and TV.
b. Does not include:
i. Residential satellite dishes;
ii. Antennas used for the reception of television broadcast signals;
iii. Transformers;
iv. Junction boxes;
v. Standard underground utilities such as water, sewer, natural gas, power, and telephone lines;
vi. Booster pumps, lift stations, and other small structures appurtenant to standard underground utilities;
vii. Pedestals;
viii. Other appurtenances that do not require a structure.
2. Standards.
a. Utilities listed in subsection (C)(1)(b) of this section do not require a use permit. The physical development associated with them is not required to meet structure or site development setbacks if the physical development is located within an easement or tract designated for the utility proposed.
b. All utility facilities shall be located and designed to minimize negative impacts on natural resources, agricultural operations, and residential development and uses. A landscaping plan designed to screen the utility as viewed from roads and habitable structures must be submitted pursuant to Section 18.48.100, Landscaping.
c. Utility facilities housing equipment shall be designed with as low a profile as possible. If the surrounding uses are residential, the building style shall be compatible with the surrounding land uses.
D. Sewer Facility.
1. Definition. A “sewer facility” is a facility that removes contaminants from wastewater.
a. Includes:
i. Sewage treatment plants and related septic dump facilities, and substations.
b. Does not include:
i. Utility facilities.
2. Standards.
a. All sewer facilities must be located and designed to minimize negative impacts on natural resources, agricultural operations, and residential development and uses.
E. Wireless Telecommunications Facility.
1. Definition. A “wireless telecommunications facility” is a wireless service facility and facilities defined in Title 47, United States Code, Chapter I, Part 24, Section 24.5, including all future amendments.
a. Includes:
i. Facilities for the transmission and reception of radio or microwave signals used for communication, telecommunication, cellular phone personal communications services, enhanced specialized mobile radio;
ii. Any other services licensed by the FCC;
iii. Any other unlicensed wireless services.
b. Does not include:
i. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the Federal Communications Commission (FCC).
ii. Antennas and related equipment, no more than three feet in length, that are being stored, shipped, or displayed for sale.
iii. Facilities used for purposes of public safety, such as, but not limited to, police, hospitals, and the regional 911 system.
iv. Wireless radios utilized for temporary emergency communications during a disaster.
v. Licensed amateur (ham) radio stations.
vi. Satellite dish antennas less than two meters in diameter, including direct-to-home satellite services, that are incidental to a primary use of the property.
vii. Wireless telecommunication facilities that existed on or prior to the adoption of Ordinance 394 on July 28, 1998, and which have not been modified.
viii. Routine maintenance or repair of a wireless telecommunication facility and related equipment (excluding structural work or changes in height or dimensions of antennas, towers, or buildings); provided, that compliance with the standards of this title is maintained.
ix. Subject to compliance with all other applicable standards of this title, a building permit application need not be filed for emergency repair or maintenance of a wireless service facility until thirty (30) days after the completion of such emergency activity.
x. Automated meter reading systems located on utility poles provided:
(A) Antennas are less than eighteen (18) inches from the structure;
(B) Pole-mounted equipment is no more than fourteen (14) inches by twelve (12) inches by twelve (12) inches in size; and
(C) Equipment and antennas are used only by the owner of the utility pole.
2. Purpose. The purpose of this subsection is to address the issues of location and appearance associated with wireless telecommunications facilities. The purpose and intent of this subsection is to:
a. Provide adequate siting opportunities through a range of locations and options;
b. Minimize safety hazards and visual impacts sometimes associated with wireless communications technology;
c. Encourage the siting of facilities on existing buildings or structures and the collocation of several
providers’ facilities on a single-support structure; and
d. Encourage visual mitigation measures that maintain neighborhood appearance and reduce visual clutter in the city.
3. Standards.
a. Required Permits.
i. Administrative Use Permit. An administrative use permit must be obtained prior to placing wireless telecommunications facility antennas on the following existing buildings and structures:
(A) Any tower currently used by a permitted wireless telecommunication facility; provided, that the tower is in full compliance with all terms and conditions of its approval.
(B) City water company water tanks; provided, that only whip or panel antennas mounted on the side of the tank and which do not extend above the top of the tank may be so located.
(C) In Commercial Zones.
(1) Existing nonresidential buildings located within one hundred (100) feet of State Route 507 and Rochester Street. The wireless telecommunications facility must be a microcell or a minor facility.
(2) Existing light standards and power poles located in the ROW that are within one hundred (100) feet of State Route 507 or Rochester Street and do not increase the height of the light standard or power pole. The wireless telecommunications facility must consist of a single whip antenna not to exceed fifteen (15) feet in height or a tubular antenna not to exceed six feet in height.
ii. Conditional Use Permit. The following must obtain a conditional use permit prior to installation:
(A) New freestanding towers, which are only permitted in the industrial and public/public facilities zones.
(B) Repair and maintenance work that is not exempted under subsection (E)(1)(b) of this section.
(C) Expansion and/or alteration of existing wireless telecommunications facilities.
(D) All other wireless telecommunications facilities not meeting the criteria for an administrative use permit.
b. Collocation. The intent of collocation is to encourage several providers to use the same structure to keep the number of wireless telecommunications facility sites to a minimum as a means to reduce the overall visual effects throughout the community. The following procedures are required to further the intent of wireless telecommunications facility collocation:
i. A permit holder shall cooperate with other wireless telecommunications facility providers in collocating additional antenna on support structures and/or on existing buildings, provided said proposed collocates have received a permit for such use at said site from the city. A permit holder shall allow other providers to collocate and share the permitted site, provided such shared use does not give rise to a substantial technical level impairment of the permitted use (as opposed to a competitive conflict or financial burden).
ii. A signed statement indicating that the applicant agrees to allow for the potential collocation of additional wireless telecommunications facility equipment by other providers on the applicant’s structure shall be submitted by the applicant as part of the permit application. If an applicant contends that future collocation is not possible on their structure, they must submit a technical study documenting why.
iii. Wireless telecommunications facilities proposed for collocation on an existing support facility that do not involve an increase in height or expansion may be permitted through an administrative use permit; provided, that the applicant can document that the existing support facility is in full compliance with the conditions of its approval.
c. General Provisions.
i. Not an Essential Public Facility. Wireless telecommunications facilities are not considered essential public facilities as defined in the Growth Management Act and shall not be regulated or permitted as essential public facilities.
ii. FCC Licensing Required. The applicant must demonstrate that it is licensed by the FCC if it is required to be licensed under FCC regulations. The applicant, if not the telecommunications service provider, shall submit proof of lease agreements with an FCC-licensed telecommunications provider if they are required to be licensed by the FCC.
iii. Compliance with Dimensional Limitations. For purposes of determining whether the installation of a wireless telecommunications facility complies with development standards, such as, but not limited to, setback and lot coverage requirements, the dimensions of the entire lot shall control, even though a wireless telecommunications facility is located on a leased parcel within that lot.
iv. Signs Prohibited. No wireless equipment shall be used for the purpose of mounting signs or message displays of any kind.
v. Lighting. Wireless telecommunications facilities shall not be artificially lighted unless required by the Federal Aviation Authority (FAA) or other applicable authority.
vi. Consideration for Visual Effects. The city shall consider the cumulative visual effects of wireless telecommunications facilities mounted on existing structures and/or located on a given permitted site in determining whether the additional permits can be granted so as to not adversely affect the visual character of the city.
vii. Compliance with Design Standards. All wireless telecommunications facility installations shall comply with all relevant provisions of the city of Rainier design standards.
viii. Stealth and Screening.
(A) Stealth. Wireless telecommunications facilities, equipment, and equipment cabinets shall be screened or camouflaged through employing the best available technology. This may be accomplished by use of compatible materials, location, color, stealth technologies such as, but not limited to, artificial trees and hollow flagpoles, and/or other tactics to achieve minimum visibility of the facility as viewed from public streets or residential properties.
(B) Equipment Enclosures. Electronics equipment enclosures shall conform to the following:
(1) Screening of wireless telecommunications facility equipment enclosures shall be provided with one or a combination of the following: underground, fencing, walls, landscaping, structures, or topography which will block the view of the equipment shelter, as much as practicable, from any street and/or adjacent properties. Screening may be located anywhere between the enclosure and the above-mentioned viewpoints. Landscaping for the purposes of screening shall be maintained in a healthy condition; and
(2) No wireless equipment reviewed under this section shall be located within required building setback areas.
ix. Security Fencing. Security fencing, if used, shall conform to the following:
(A) No fence shall exceed six feet in height;
(B) Security fencing shall be effectively screened from view through the use of appropriate landscaping materials; and
(C) Chain-link fences shall be painted or coated with a nonreflective color, and shall have a minimum three-foot-deep area to be planted with approved plant species in a manner that will completely screen the fencing.
x. Electromagnetic Field (EMF) Standards. All wireless telecommunications facilities shall be operated in compliance with the following standards:
(A) The applicant shall comply with federal standards for EMF emissions. Within six months after the issuance of its operational permit, and annually thereafter, the applicant shall submit a project implementation report which provides cumulative field measurements of radio frequency (EMF) power densities of all antennas installed at the subject site. The report shall quantify the EMF emissions and compare the results with established federal standards. Said report shall be subject to review and approval of the city for consistency with the project proposal report and the adopted federal standards. If, on review, the city finds that the wireless telecommunications facility does not meet federal standards, the city may revoke or modify the permit. The applicant shall be given a reasonable time based on the nature of the problem to comply with the federal standards. If the permit is revoked, then the facility shall be removed.
(B) The applicant shall ensure that the wireless telecommunications facility will not cause localized interference with the reception of, but not limited to, area television or radio broadcasts. If upon review of a registered complaint the city finds that the wireless telecommunications facility interferes with such reception, the city may revoke or modify the permit. The applicant shall be given a reasonable time based on the nature of the problem to correct the interference. If the permit is revoked, then the facility shall be removed.
d. Application Requirements. Applications for a wireless telecommunications facility shall be in a form prescribed by the city of Rainier and at a minimum shall contain the following information:
i. Photosimulations of the proposed facility from affected residential properties and public rights-of-way at varying distances.
ii. A site plan clearly indicating the location, type and height of the proposed wireless telecommunications facility, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower, and any other proposed structures. A site elevation and landscaping plan indicating the specific placement of the facility on the site, the location of existing structures, trees, and other significant site features, and a complete description of all measures proposed to camouflage the facility, including the type and location of plant materials used to screen the facility, and the proposed color schemes for the facility and the method of fencing.
iii. A signed statement indicating that:
(A) The applicant and landowner agree they will diligently negotiate in good faith to facilitate collocation of additional wireless service facilities by other providers on the applicant’s structure or within the same site location;
(B) The applicant and/or landlord agree to remove the facility within ninety (90) days after abandonment;
(C) A signed statement from the owner of the site accepting the ultimate responsibility for the removal of abandoned facilities.
iv. Copies of any environmental documents required by any federal agency. These shall include the environmental assessment required by FCC Paragraph 1.1307, or, in the event that an FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment.
v. Evidence of site control.
vi. A current map showing the location and service area of the proposed wireless telecommunications facility, a map showing the locations and service areas of other wireless service facilities operated by the applicant and those proposed by the applicant that are close enough to impact service within the city.
vii. Legal description of the parcel.
viii. The approximate distance between the proposed tower and the nearest residential unit or residentially zoned properties.
ix. A letter signed by the applicant stating the wireless telecommunications facility will comply with all FAA regulations and EIA standards and all other applicable federal, state and local laws and regulations.
x. Certification that the antenna usage will not interfere with other adjacent or neighboring transmission or reception functions.
xi. If the facility is proposed for location in the city right-of-way or other public property, evidence of bonding and insurance in amounts prescribed by the city.
xii. Prepare and submit a copy of an acceptable franchise agreement for those facilities permitted in city right-of-way or other public property that shall be executable prior to completion of final inspection.
xiii. The application shall include documentation demonstrating compliance with the city of Rainier surface water requirements.
xiv. If applicable, the applicant shall include documentation as to how the proposed facility meets the specific requirements of the city of Rainier design guidelines.
xv. Application for a city business license that shall be issued upon approval of the appropriate use permit, and annual renewal thereafter.
e. Fees. It is the policy of the city of Rainier that applicants pay the full cost associated with processing an application.
i. The fees are established for all wireless telecommunications facility applications based on the adopted fee schedule for the required type of application.
ii. In addition to the application fee, the applicant shall reimburse the city for costs of professional engineers and other consultants hired by the city to review and inspect the applicant’s proposal when the city is unable to do so with existing in-house staff. These professional services may include but are not limited to: engineering, technical reviews, legal, planning, environmental review, critical areas review, financial, accounting, soils, mechanical and structural engineering. In the event that a project requires special staff analysis beyond that which is included in the base fee, the applicant shall reimburse the city at the adopted fee schedule staff rate for the staff conducting the review. The city may require the applicant to deposit an amount with the city to cover anticipated costs of retaining professional consultants or performing special staff analysis.
f. Standards for Approval of an Administrative Use Permit. A wireless telecommunications facility that requires administrative use approval must meet the following additional standards:
i. The wireless telecommunications facility consists of a microcell or a minor facility;
ii. The combined antennas and supporting hardware shall not extend more than fifteen (15) feet above the roof structure, or existing light or utility poles. Antennas may be mounted to rooftop appurtenances, provided they do not extend beyond fifteen (15) feet above the roof proper; and
iii. The antennas are mounted on a building, light standard or power pole such that they are located and designed to minimize visual and aesthetic impacts to surrounding land uses and structures and shall, to the greatest extent possible, blend into the existing environment. Panel and parabolic antennas shall be completely screened.
g. Standards for Approval of a Conditional Use Permit. A wireless telecommunications facility that requires conditional use approval must meet the following additional standards:
i. The applicant shall demonstrate that the wireless telecommunications facility tower is the minimum height required to function satisfactorily. No freestanding wireless telecommunications facility shall exceed forty-five (45) feet in height from the natural grade of the site. No freestanding wireless telecommunications facility that is taller than this height shall be approved. Height shall be measured to the top of the antenna(s).
ii. Placement of a freestanding wireless telecommunications facility shall be denied if placement of the antennas, on an existing structure, can meet the applicant’s technical and network location requirements.
iii. Monopoles shall be the only freestanding structures allowed in the city.
iv. A freestanding wireless telecommunications facility, including the support structure and associated electronic equipment, shall comply with all required setbacks of the zoning district in which it is located; except when on a lot adjacent to a residential use or residentially zoned property, then the minimum setback from the property line(s) of the adjacent residential use(s) shall equal the height of the proposed facility.
v. Freestanding wireless telecommunications facilities shall be designed and placed on the site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures so as to use existing site features:
(A) To screen as much of the total wireless telecommunications facility as possible from prevalent views; and/or
(B) As a background so that the total wireless telecommunications facility blends into the background with increased sight distances.
vi. In reviewing the proposed placement of a facility on the site and any associated landscaping, the city may condition the application to supplement existing trees and mature vegetation to more effectively screen the facility.
vii. Support structures, antennas, and any associated hardware shall be painted a nonreflective color or color scheme appropriate to the background against which the wireless telecommunications facility would be viewed from a majority of points within its viewshed. Proposed color or color scheme to be approved by the city.
h. Permit Limitations. Approved permits issued by the city for wireless telecommunications facilities shall be restricted by the following permit limitations:
i. Expiration after Approval. A permit for a wireless telecommunications facility shall expire five years after the effective date of the permit approval. A permittee wishing to continue the use of a specific wireless telecommunications facility at the end of the five-year period must apply for an application to continue that use at least six months prior to its expiration. The renewal application will be under an administrative use permit; provided, that no changes, modifications or additions to the wireless telecommunications facility are proposed or that no new facilities were developed since the date of the original or renewal permit.
ii. Renewal after Approval. Renewal applications that involve any changes, modifications or additions shall be processed as a new conditional use permit application and must conform to the development standards in place at the time the renewal application is deemed to be complete.
iii. Expiration. An approved permit shall be valid for one year from the date of the city’s approval, with opportunity for a six-month extension. If not used within one year, or within the extension period, the permit shall become null and void.
i. Assignment/Sublease. No facility, site or permit may be sold, transferred, assigned or sublet without written notification of and approval by the city. This notification shall include a statement acknowledging and accepting the terms and conditions of all permits issued for the site and/or facility, and:
i. Documentation that the site/facility is currently in full compliance with its permits and applicable city ordinances.
ii. A statement assuring ongoing compliance with all permits and applicable city ordinances.
j. Removal. In instances where a wireless telecommunications facility is to be removed, the removal shall be in accordance with the following procedures:
i. The operator of a wireless telecommunications facility shall notify the city upon the discontinuance of a particular facility. The wireless telecommunications facility shall be removed by the facility owner within ninety (90) days of the date the wireless telecommunications facility is discontinued, it ceases to be operational, the permit is revoked, or if the facility falls into disrepair or is abandoned. Disrepair includes structural features, paint, landscaping, or general lack of maintenance which could result in safety or visual impacts; and
ii. If the provider fails to remove the facility upon ninety (90) days of its discontinued use, the responsibility for removal falls upon the landholder on which the facility has been located. If the landholder fails to remove the facility within ninety (90) additional days, the city may cause the facility to be removed at the owner’s expense. (Ord. 665 § 31 (part), 2017)
A. All Accessory Uses.
1. Definition. An “accessory use” is a use that constitutes a minority of the use or character of the property and is secondary and subordinate to another use of the same property, but which is not an incidental use.
2. Standards.
a. An accessory use may only be permitted in association with an active, conforming primary use designated for the accessory use.
b. An accessory use must be abandoned upon abandonment of its primary use.
c. An accessory use shall be subject to all dimensional limitations and other development standards applicable to its primary use unless otherwise provided in this section.
d. A property with an accessory use shall not be subdivided in any way that results in the accessory use being owned separately from its primary use.
B. Accessory Dwelling Unit (ADU).
1. Definition. An “accessory dwelling unit (ADU)” is a dwelling unit that is secondary to a principal use of the property. The intent is that accessory dwelling units provide workforce housing.
a. Includes:
i. Employee apartment;
ii. Caretaker’s quarters;
iii. Mother-in-law suite;
iv. Guesthouse.
2. Primary Uses.
a. All open space uses;
b. Detached single-family unit.
3. Standards.
a. Number. One ADU is allowed per lot of record.
b. Density Calculations. ADUs are not included in residential density calculations.
c. Size. The maximum size of an accessory dwelling unit is one thousand (1,000) square feet of habitable floor area.
d. Design. The accessory dwelling unit must closely match the principal use’s design, color scheme, and roof materials whether attached to or detached from the principal structure.
e. Recreational Park Trailers. A recreational park trailer (RPT) may be used for an ADU if all the following standards are met:
i. The RPT is at least ten (10) feet wide;
ii. The RPT is no more than ten (10) years old on the date of installation;
4. The roof pitch must be at least 3:12;
5. The building official has certified that the unit meets the fire and life safety standards required for a residence;
6. The unit must be permanently anchored according to the manufacturer’s installation instructions or to the design of a professional engineer or architect licensed in Washington State;
7. The unit must be skirted around its entire perimeter; and
8. The RPT must comply with the Washington State Energy Code requirements of WAC 51-11-0301 (design criteria), and 51-11-0302 (thermal design parameters); and the mechanical ventilation requirements of the Washington State Residential Code, WAC 51-51-1508 (whole house ventilation).
C. Bed and Breakfast.
1. Definition. A “bed and breakfast” is a residential unit in which bedrooms are rented as lodging units.
2. Primary Uses.
a. Detached single-family unit.
3. Standards.
a. A bed and breakfast must have no more than four lodging units (bedrooms).
b. The owner or manager must reside in the dwelling unit.
c. No more than two family-style meals may be provided per twenty-four (24) hour period. The meal must be for the guests of the bed and breakfast only.
D. Home Occupation.
1. Definition. A “home occupation” is an accessory nonresidential use conducted entirely within a residential unit or on-site structure accessory to the residential unit. The intent of a home occupation is to allow residents of a dwelling unit to operate businesses or conduct commercial activity from their residence while retaining the residential character of the dwelling and the neighborhood.
a. Includes:
i. Offices (Section 18.44.070(B));
ii. Repair and maintenance of small appliances, TVs and electronics, furniture, garments, shoes and other leather goods, including tack;
iii. Tutoring or classes;
iv. Studios (e.g., art, handcraft, music).
b. Does not include:
i. Motor vehicle, commercial truck and heavy equipment, repair, bodywork, painting, washing and/or detailing services;
ii. Storage of:
(A) Motor vehicles, commercial trucks or heavy equipment;
(B) Used vehicle parts and/or used machinery in inoperable condition.
2. Primary Uses.
a. All residential uses;
b. Accessory dwelling unit.
3. Standards.
a. A home occupation must be operated by a person residing within the dwelling.
b. No one residing off site may be employed on the site of a home occupation.
c. The area devoted to the home occupation is limited to no more than twenty-five percent (25%) of the total habitable floor area of the dwelling. For the purposes of this standard, areas within attached garages, unfinished basements, and storage buildings are not considered habitable floor area but may be used for storing goods and materials associated with the home occupation.
d. Tutoring and classes shall be limited to two students at one time.
e. More than one home occupation may be allowed on a property. Each home occupation requires a separate use permit.
f. Window displays or other public displays of material or merchandise connected with the home occupation are prohibited.
g. No more than one wall sign, not to exceed two square feet in area, may be permitted.
E. Home Business.
1. Definition. A “home business” is an accessory nonresidential use conducted in conjunction with and on the site of a residential use in which employees are employed on site. The intent of a home occupation is to give small, local businesses a place to start. Home occupations are intended to be at a residential scale; once they grow beyond a certain size they can no longer be characterized as home occupations.
a. Includes:
i. Offices (Section 18.44.070(B));
ii. Services (Section 18.44.070(D));
iii. Building contractors and special trade contractors such as cabinetry, carpet and flooring, insulation, roofing, mechanical, and plumbing and heating;
iv. Schools (music, art, other);
v. Art studios and galleries.
b. Does not include:
i. Motor vehicle, commercial truck and heavy equipment, repair, bodywork, painting, washing and/or detailing services;
ii. Storage of:
(A) Motor vehicles, commercial trucks or heavy equipment.
(B) Used vehicle parts and/or used machinery in inoperable condition.
2. Primary Uses.
a. All residential uses;
b. Accessory dwelling unit.
3. Standards.
a. A home business must be operated by a person residing within the dwelling.
b. No more than two persons residing off site may be employed on the site of a home business.
c. The area devoted to the home business is limited to no more than forty percent (40%) of the total floor area on the property or two thousand (2,000) square feet, whichever is less.
e. Only one home business may be permitted on a property at any given time.
f. No more than three deliveries per week to the residence may be made by suppliers.
g. Traffic generated by a home business must not exceed sixteen (16) round trips per day. This includes deliveries and client-related trips.
h. All vehicles and materials must be stored within buildings.
i. All parking must be provided on site, and must be located to the rear of the structure or in another location that is visually unobtrusive.
j. Window displays or other public displays of material or merchandise connected with the home occupation are prohibited.
k. No more than one wall sign, not to exceed two square feet in area, may be permitted.
F. Drive-Up.
1. Definition. A “drive-up” facility is a commercial use catering to customers in vehicles.
a. Includes:
i. Drive-through restaurants;
ii. Drive-up banking facilities;
iii. Drive-through pharmacy.
2. Primary uses:
a. Office;
b. Retail;
c. Service;
d. Restaurant.
3. Standards:
a. If abutting land is in residential use, the drive-up facility must provide a fence, wall, or evergreen hedge at least six feet in height. Structures must be set back from the property line at least five feet; and 1.5 plant units per one hundred (100) linear feet of property boundary must be provided.
b. Entrances and exits must not cause congestion in any public right-of-way.
G. Home Day Care.
1. Definition. “Home day care” means the provision of care on a regular basis in a family setting for a group of no more than twelve (12) children or adults for periods of less than twenty-four (24) hours.
a. Does not include:
i. Babysitting;
ii. Childcare cooperatives;
iii. Foster care;
iv. Group homes.
2. Primary Uses.
a. All residential uses;
b. Accessory dwelling units.
3. Standards.
a. Each home day care must meet all applicable Washington State child care licensing requirements.
b. Structural or decorative alterations that detract from the single-family character of a residential structure in a residential zone are prohibited.
c. Hours of operation must be compatible with the neighborhood during the week. If care is provided on the weekends, hours of operation must not cause disruptions in the late evening or early morning hours.
H. Battery Charging Station.
1. Definition. A “battery charging station” is an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles.
2. Standards.
a. State Environmental Policy Act. Applications for battery charging stations shall be categorically exempt from review under the State Environmental Policy Act (see RCW 43.21C.410).
b. Accessibility. Charging equipment must not block or restrict pedestrian circulation areas and must not interfere with accessibility requirements of WAC 51-50-005.
Example: A charging station is located next to a public sidewalk. The charging equipment must be located so that access to the sidewalk is not blocked. (Ord. 665 § 31 (part), 2017)
A. All Temporary Uses.
1. Definition. A “temporary use” is a use established for a fixed period of time.
2. Standards.
a. The site occupied by a temporary use must be left free of debris, litter or other evidence of temporary use upon completion or removal of the use.
b. A temporary use must not occupy or use public rights-of-way, parks or other public lands in any manner unless specifically approved by the community development director.
c. A temporary use will expire after ninety (90) days unless an alternate expiration is set through the approval of the use permit.
d. A temporary use must obtain all required city permits, licenses or other approvals prior to establishing the use.
B. Yard Sale.
1. Definition. A “yard sale” is the sale of personal property from a private residential use.
a. Includes:
i. Garage sales;
ii. Rummage sales;
iii. Estate sales.
2. Standards.
a. A maximum of four yard sales per calendar year are allowed.
C. Christmas Tree Sale.
1. Definition. A “Christmas tree sale” is the outdoor sale of evergreen trees during the Christmas holiday season.
D. Farm Stand.
1. Definition. A “farm stand” means a temporary or permanent structure or vehicle used in the sale of regional farm products such as fruits, vegetables, and juices during the time of year when such products are fresh.
2. Standards.
a. Farm stands shall not be located on sidewalks or in other areas of public rights-of-way.
E. Temporary Real Estate Sales Office.
1. Definition. “Temporary real estate sales office” means a structure placed on a development site and used as a sales office or meeting place only during an initial period of marketing a project for sale or lease.
2. Standards.
a. A temporary real estate sales office shall only be on the site of a new development and shall sell only the lots or units on the site of the development.
b. The temporary real estate sales office shall be removed when seventy-five percent (75%) of all lots or units in the new development have been sold, leased, or rented.
F. Temporary Shelter.
1. Definition. “Temporary shelter” means a mobile or manufactured home or conventional camping unit temporarily occupied while a building with a valid building permit is being constructed.
2. Standards.
a. The temporary shelter may be permitted for a period not to exceed one year. An extension may be granted by the community development director for a period not to exceed two additional years for good cause.
b. A temporary shelter may also be permitted when fire or natural disaster has rendered an existing residential unit unfit for human habitation. A building permit for rehabilitation or reconstruction must be obtained within a reasonable period of time, as determined by the city council.
G. Temporary Gravel Processing.
1. Definition. “Temporary gravel processing” is washing and screening gravel extracted from the ground in association with a permitted construction project.
2. Standards.
a. Infrastructure. Projected traffic impacts shall be addressed according to AASHTO guidelines and the cost of all improvements required, on and off site, shall be borne entirely by the applicant. A payment to compensate for the additional wear and tear on city streets, as determined by the city engineer, also may be required of the applicant.
b. Hours of Operation. Hours of operation shall occur between eight a.m. and five p.m., Monday through Friday, unless otherwise specified by the city council. The hours of operation may be reduced to mitigate adverse impacts on nearby houses or extended to expedite the completion of an operation.
c. Setbacks. A minimum three hundred (300) foot setback from all property lines shall be provided. Written permission from adjacent property owners to reduce the required setback shall be obtained if necessary.
d. Duration. Duration of the gravel processing shall be no longer than six consecutive months. If a project is phased over two or more years, then the total number of days the gravel extraction and processing activities are conducted shall be no more than one hundred eighty (180) days.
e. Health and Safety Protection. The proposed gravel processing area shall be bermed, fenced, or otherwise enclosed, where necessary, for health and safety protection.
f. Grading and Erosion Control. Grading and erosion control requirements must be consistent with Chapter 12.08. (Ord. 665 § 31 (part), 2017)
This chapter establishes parking and loading standards for uses allowed in the city. The standards are intended to lessen congestion on streets and to ensure an adequate supply of parking and loading spaces within a reasonable distance of development. (Ord. 665 § 32 (part), 2017)
A. Required Parking and Queuing.
1. Required Parking. The table below establishes the minimum required parking spaces that must be provided for each use in this title. Where a minimum requirement is not listed in the table it shall be determined by the community development director upon finding the proposed use has a need for parking. Calculations that reference floor area are based on the gross floor area. Calculations that reference employees are based on the maximum number of employees normally on duty at any one time.
Required Parking DU = dwelling unit LU = lodging unit | |
|---|---|
Use | Parking Spaces |
Open Space Uses | |
Forestry | n/a |
Agriculture | n/a |
Residential Uses | |
Detached Single-Family Unit | 2 per DU |
Attached Single-Family Unit | 1.5 per DU |
Apartment | 1.5 per DU |
Group Home | 0.5 per bed |
Correctional Group Home | 0.5 per bed |
Lodging Uses | |
Conventional Lodging | 0.6 per LU |
Campground | 1 per campsite + 1 per 7.5 campsites |
Institutional Uses | |
Assembly | Independent Calculation |
Day Care Center | 0.5 per employee |
School | Independent Calculation |
Emergency Services | Independent Calculation |
Commercial Uses | |
Office | 1.5 per 1,000 sf |
Retail | 3 per 1,000 sf |
Service | 2 per 1,000 sf |
Restaurant/Bar | 5 per 1,000 sf |
Mobile Food Vendor | Independent Calculation |
Heavy Retail/Service | 2 per 1,000 sf + 3 per repair bay + 1 per wash bay |
Storage | Independent Calculation |
Nursery | 2 per 1,000 sf + 1 per 4,000 sf outdoor display area + 1 per employee |
Battery Exchange Station | Independent Calculation |
Sexually Oriented Business | 3 per 1,000 sf |
Amusement and Recreation | |
Amusement | 3 per 1,000 sf |
Outdoor Recreation | Independent Calculation |
Developed Recreation | Independent Calculation |
Industrial Uses |
|
Craft Food Production | Independent Calculation |
Light Industry | 0.5 per employee + 1 per company vehicle |
Heavy Industry | 0.5 per employee + 1 per company vehicle |
Disposal | 1 per employee + 1 per stored vehicle |
Landscape Supply Yard | 0.5 per employee |
Transportation and Infrastructure Uses | |
Parking | n/a |
Utility Facility | 1 per employee + 1 per stored vehicle |
Sewer Facility | 1 per employee + 1 per stored vehicle |
Wireless Telecommunications Facility | 1 per employee + 1 per stored vehicle |
Accessory Uses | |
Accessory Dwelling Unit | 1 per DU |
Bed and Breakfast | 0.75 per LU |
Home Occupation | n/a |
Home Business | 1 per employee |
Drive-Up Facility | n/a |
Home Day Care | 1 per employee |
Battery Charging Station | n/a |
Temporary Uses | |
Yard Sale | n/a |
Christmas Tree Sales | 1 per 1,000 sf outdoor display area + 1 per employee |
Farm Stand | 5 per 1,000 sf display area |
Temporary Real Estate Sales Office | 2 |
Temporary Shelter | 2 per DU |
Temporary Gravel Processing | 1 per employee |
2. Administrative Variance. The community development director may establish a lesser parking requirement pursuant to the procedure for administrative variances outlined in Section 18.20.080. The community development director must find, based on information from reliable sources, that a lesser standard is workable due to anticipated parking demand and alternative transportation services available.
3. Change of Use. An application for a change of use shall only be required to additionally provide the difference between the parking requirement of the existing use and proposed use, regardless of the actual parking that exists.
B. Shared Parking. If two or more uses occupy a site or structure, the required parking, queuing and loading shall be the additive total for each individual use unless the community development director determines uses are compatible for sharing parking based on the following standards.
1. Residential and Nonresidential Uses. A percentage of the parking spaces required for nonresidential uses may be considered shared with on-site residential uses in accordance with the table below, and the extent to which:
a. The residential use provides on-site employee housing; and
b. The location and design of the development enhance the shared parking function.
Percentage of Nonresidential Parking Spaces that May Be Shared | |
|---|---|
Nonresidential Use | Residential Use |
Retail | 25% |
Office | 75% |
Restaurant/Bar | 20% |
Service | 25% |
All Industrial | 75% |
Other Nonresidential | 20% |
2. Other Compatible Uses. Notwithstanding the standard percentages established in the table above, reductions in total parking requirements between and among any uses may be granted in one or more of the following circumstances:
a. When it is intended that patrons frequent more than one use in a single trip (example: lodging and restaurant);
b. When operating hours are substantially different (example: movie theater and office);
c. When peak trip generation characteristics are substantially different (example: lodging and retail).
C. Required Disability Parking. Disability parking requirements defer to the adopted building code.
D. Required Bicycle Parking. All nonresidential uses must provide on-site parking spaces for use by nonmotorized vehicles.
1. Standard. One bicycle parking space must be provided for every ten (10) vehicle spaces required.
2. Required Facilities. Bicycle parking requirements must be fulfilled through the installation of lockers, racks, or equivalent structures in or upon which a bicycle may be locked by the user. All racks must be securely anchored to the ground or building surface. Racks must be designed to accommodate U-shaped locks.
3. Location. Bicycle parking must be located in a clearly designated, safe and convenient location. A safe parking location is defined as a location whereby activity around bicycle parking is easily observable, conveniently located to the bicyclist’s destination, and adequately separated from motor vehicles and pedestrians. Surfaces around bicycle parking facilities must be maintained and mud-free.
E. Required Loading. A structure, or a complex of structures, that contains uses requiring deliveries or shipments must provide loading facilities. The loading facilities must be designed so as not to interfere with any emergency or disability access. An application must address how the specific loading needs of the proposed use are being addressed.
F. Required Queuing Spaces.
1. Drive-Up Facility. Drive-up facilities must have at least three queuing spaces per service lane. (Ord. 689 § 6, 2020; Ord. 665 § 32 (part), 2017)
A. On Site, Off Street. Unless a shared parking agreement is approved, all parking spaces, aisles, and turning areas must be located off street and entirely within the boundaries of the land served.
B. Off Site, Off Street. Required parking may be provided off site with the approval of a shared parking agreement. The off-site parking must be within one thousand (1,000) feet of the use it serves as measured along an established pedestrian route. A deed restriction may be required to ensure the off-site parking is permanent.
C. Off Site, On Street. Required parking may be provided on the street if allowed in the zone. See the zone-specific standards found in Chapters 18.41 through 18.43 for more information.
D. Parking Areas Must Not Encroach. Off-street parking spaces, aisles, and turning areas must not encroach on any road or other public right-of-way. Parked vehicles must not encroach into any road or public right-of-way. (Ord. 665 § 32 (part), 2017)
A. General. All off-street parking and loading areas shall be maintained adequately for all-weather use and be properly drained.
B. Storage Prohibited. Off-street parking spaces shall be available for the parking of operable passenger automobiles of the residents, customers, patrons, and employees of the use for which they are required by this chapter. The storage of inoperable vehicles or materials, or the parking of delivery trucks in such spaces shall be prohibited.
C. Display of Vehicles for Sale. Vehicles shall not be displayed for sale in nonresidential parking areas except licensed bona-fide automobile dealerships, and excepting casual display by vehicle owners who are employees or patrons present on the premises at the times of such display.
D. Repair Work Prohibited. No repair work that renders the vehicle inoperable for more than twenty-four (24) hours shall be permitted on off-street parking or loading facilities. (Ord. 665 § 32 (part), 2017)
All off-street parking and loading facilities shall meet the following design standards:
A. Surface and Drainage.
1. Paving Required.
a. Outdoor, off-street parking and loading areas, aisles and access drives must be paved, except parking areas, aisles and access drives for detached single-family units, which may be gravel.
b. The community development director may approve another surface pursuant to the procedure for administrative variances outlined in Section 18.20.080. The community development director must find, based on information from reliable sources, that an alternative surface is warranted and appropriate.
2. Paving Standards. Paved parking and loading areas, aisles and access drives shall be paved with concrete, grasscrete, paving blocks, asphalt, or another all-weather surface.
3. Landscape Islands. Parking lots shall include landscaped islands to avoid large expanses of asphalt and shall be screened from off-site, or their view substantially filtered by, vegetation.
4. Compaction and Drainage. Parking and loading areas, aisles, and access drives shall be compacted and paved or surfaced in conformity with applicable specifications to provide a durable surface, shall be graded and drained so as to dispose of surface water runoff without damage to private or public land, roads, or alleys, and shall conform with any additional standards for drainage prescribed by this title, or other applicable regulations and standards.
B. Access and Circulation Standards.
1. Unobstructed Access. Each required parking space must have unobstructed access from a road or alley, or from an aisle or drive connecting with a road or alley except for approved tandem parking.
2. Tandem Parking. Tandem parking (one vehicle parking directly behind another) is not permitted, and shall not be credited toward meeting any parking requirement of this chapter except for residential uses not exceeding four units on one lot; provided, that the tandem parking spaces are assigned to the same residential unit.
3. Backing onto Roads and Public Streets Prohibited. Except for parking facilities serving detached single-family residential lots and parking facilities accommodating four or fewer vehicles, all off-street parking spaces must open directly onto a parking aisle and be designed so that they will not be necessary for vehicles to back out into any road or public street.
4. Traffic Interference Prohibited. All off-street parking and loading facilities must be designed with access to a street or alley in one or more locations that cause the least interference with traffic movements.
5. Nonresidential Use Access Drive Width. Access drives to nonresidential uses shall have a minimum width of twelve (12) feet for drives posted as one-way or twenty-four (24) feet for two-lane drives.
6. Access Drive Intersections. Intersections of parking lot aisles shall be at least forty (40) feet from a curb cut.
C. Parking Facility Dimensions.
1. Parking Space Dimensions.
a. Width.
i. Standard Parking Space. A parking space shall be nine feet in width.
ii. Compact Parking Space. A compact parking space shall be at least 8.5 feet in width.
b. Length.
i. Standard Parking Space. A standard parking space shall be eighteen (18) feet in length.
ii. Compact Parking Space. A compact parking space shall be at least fifteen (15) feet in length.
iii. Overhang with Wheel Stop. The length of parking spaces may be reduced by two feet, including the wheel stop, if an additional two feet of length is provided for the front overhang of the car. The overhang must not reduce the width of an adjacent walkway to less than four feet in width.
iv. Alley Access. Any parking space accessed directly from an alley shall have a minimum length of twenty-two (22) feet.
v. Parallel Parking Space. All parallel parking spaces shall have a minimum length of twenty-two (22) feet.
c. Vertical Clearance. Parking spaces shall have a vertical clearance of at least seven feet.
2. Parking Module Dimensions. The table below specifies the minimum widths for parking rows, aisles, and modules. The figures below illustrate the standards.
Minimum Dimensions for Parking Modules | |||||
|---|---|---|---|---|---|
| Spacing Angle | ||||
| Parallel | 30˚ | 45˚ | 60˚ | 90˚ |
Single Row of Parking |
|
|
|
|
|
Parking Space Depth | 9' | 17' | 19' | 20' | 18' |
Drive Aisle Width | 12' | 12' | 13' | 18' | 24' |
Total Module Width | 21' | 29' | 32' | 38' | 42' |
Two Rows of Parking |
|
|
|
|
|
Parking Space Depth | 9' | 17' | 19' | 20' | 18' |
Drive Aisle Width | 12' | 12' | 13' | 18' | 24' |
Total Module Width | 30' | 46' | 51' | 58' | 60' |
Single Row of Parking
Two Rows of Parking
3. Gravel Area Dimensions. The minimum size of a gravel parking area shall be ten percent (10%) larger than required of a paved area.
4. Queuing Space Design Standards. Queuing spaces shall be a minimum of twenty (20) feet in length and ten (10) feet in width. All required queuing must be contained on site, must not encroach into any public right-of-way, and must not be designed so as to block entry or exit from other on-site parking. (Ord. 665 § 32 (part), 2017)
A. Purpose and Intent. Performance standards address the operational aspects of a use or activity and its impact on other adjacent uses, the community, and the public. The intent of these performance standards is to protect public health and general welfare and minimize the adverse impacts a use or activity may have on nearby properties and uses.
B. Operator Responsibility. The operator/proprietor of a permitted use or activity is responsible for providing reasonable evidence and technical data to demonstrate that the use or activity is or will be in compliance with the standards of this chapter.
C. Compliance Required. The operator/proprietor must comply with the standards of this chapter whether or not the city requires the operator/proprietor to submit evidence and technical data demonstrating compliance. (Ord. 665 § 33 (part), 2017)
A. Recreational Vehicles. Storing or parking recreational vehicles or sporting vehicles on a residential property is allowed subject to the following standards:
1. Recreational and sporting vehicles must not be stored on a noncontiguous lot where no residential use exists.
2. No more than two recreational and/or sporting vehicles or equipment may be stored outside on residential property.
3. Recreational vehicles and equipment must be screened from view of surrounding neighbors to the maximum extent feasible.
4. Recreational and sporting vehicles must not be used as a dwelling.
5. Recreational and sporting vehicles must be stored on a parking pad or in the driveway of the residence. The vehicle must not be located within the public right-of-way.
6. The parking pad must have a durable surface.
B. Outdoor Storage Areas and Yards. Outdoor storage areas and yards may be allowed in nonresidential and special purpose zones subject to the following standards:
1. Outdoor storage areas and yards must be paved with asphalt or concrete, including contractor storage yards and areas where vehicles or heavy equipment will be parked or stored.
2. Non-vehicle storage areas such as those for materials may utilize alternative surface materials if the following standards are met:
a. A plan is submitted and approved showing paved and unpaved portions of the outdoor storage area and yard; and
b. Hazardous materials must not be stored or used in unpaved areas.
3. The storage area must be screened and fenced pursuant to Section 18.48.100, Landscaping.
C. Shipping Containers and Compartments. Shipping containers and compartments are manufactured corrugated metal containers originally designed to hold cargo on trucks, trains or ships. The containers are usually eight feet wide and twenty (20) to forty (40) feet long.
1. Temporary Construction Storage Allowed in All Zones. Shipping containers may be used for temporary storage of materials and equipment while construction of subdivision improvements or a building occurs. The shipping container must be removed prior to any required final inspection or certificate of occupancy.
2. Prohibited in Residential Zones. Placement, storage, or use of shipping containers for purposes other than temporary construction storage shall be prohibited in all residential zones.
3. Screened in Nonresidential and Special Purpose Zones. No more than one shipping container per development site may be placed, stored, or used in nonresidential and special purpose zones. The shipping container must be screened from view using Type V area screening. See Section 18.48.100, Landscaping, for landscaping requirements.
4. Setbacks Required. An approved shipping container must meet the setback requirements of the zone in which it is located. (Ord. 665 § 33 (part), 2017)
Trash and recycling enclosures shall be provided for all nonresidential uses and multifamily developments of five or more units. Enclosures must:
A. Be of similar material and color to the building;
B. Be entirely enclosed, with the side facing the street or alley to be a gate whenever feasible;
C. Provide adequate space for recycling as determined by the city; and
D. Be consolidated wherever possible. (Ord. 665 § 33 (part), 2017)
A. The provisions of Chapter 8.16, Noise Control, apply.
B. Frequent, repetitive or continuous sounds emanating from any use or facility must not exceed 75 decibels at the property line. Transportation facilities and temporary construction work are exempt from this requirement.
C. The owner and/or operator of a use or facility must provide noise reading data for noise levels at all property lines if the code enforcement officer determines or has reason to believe that noise levels are being exceeded. (Ord. 665 § 33 (part), 2017)
Vibrations that are discernible at the property line without the use of an instrument are prohibited. (Ord. 665 § 33 (part), 2017)
Emission of odorous gases or other odorous matter released from any operation or activity in such quantities so as to be obnoxious beyond the property lines is not permitted. The odor threshold is defined as the concentration in the air of a gas or vapor that evokes a response in the human olfactory system. (Ord. 665 § 33 (part), 2017)
Direct or reflected light or glare that is visible beyond the property lines or skyward shall be prohibited. (Ord. 665 § 33 (part), 2017)
The regulations of the Federal Occupational Safety and Health Administration standards apply for all radioactivity and electrical disturbances unless local codes and ordinances supersede this federal regulation. (Ord. 665 § 33 (part), 2017)
A. This section, in conjunction with other chapters and sections of the development code, provides specific minimal development standards and methodologies for applying development standards.
B. These development standards are applicable to all land development and uses, including improvements, intensifications, changes in use, or building and development permits and land use approvals and actions. (Ord. 548 § 2 (Exh. C) (part), 2007)
A. All new development, improvements, expansions, or intensifications of existing uses shall be connected, at applicant’s expense, to a primary infrastructure system to support the use.
B. If primary infrastructure is not available to the site or the existing infrastructure does not contain sufficient capacity to support the proposed development, the city may not:
1. Issue development permits which would allow for an increase in the amount of infrastructure demand generated from the site; or
2. Permit subdivision of the property that requires the increased potential development or demand for infrastructure.
C. Primary infrastructure includes, but is not limited to:
1. Stormwater;
2. Police, fire, and emergency medical service;
3. Water;
4. Transportation and transit facilities;
5. Electrical;
6. Septic systems or, when available, sanitary sewers;
7. Schools; and
8. Parks. (Ord. 548 § 2 (Exh. C) (part), 2007)
A. The maximum density of each zoning district is the maximum number of dwelling units allowed per net buildable area of an acre, and is expressed as a ratio, i.e., one dwelling unit per net buildable acre. The minimum lot size does not determine maximum density.
B. Gross area is the total sum area of the lot. The required critical area buffers and all legally recorded private access easements shall not be subtracted from the gross area.
C. The required lot area is the buildable area of a lot remaining after public and/or private rights-of-way and critical areas/buffers are subtracted from the gross area (Figure 18.48-1 below). However, critical areas/buffers can be accredited for density purposes subject to Section 18.104.060, Transfer of development rights—Density transfer program. In addition, until a primary sewer system is operational, the public and/or private rights-of-way can be counted as though they are a portion of the required lot area for purposes of minimum lot size in the creation of lots within subdivisions or for boundary line adjustments.
Figure 18.48-1—Gross Area
(Ord. 610 § 9, 2012: Ord. 548 § 2 (Exh. C) (part), 2007)
A. Setback Measurement. The minimum required distance between any structure and a specified line such as a property line, easement, critical area and/or buffer, or an established public or private street right-of-way or any other private or public space that is required to remain free of structures unless otherwise provided herein. Setbacks are also measured from any future rights-of-way based on that road classification width.
B. Designation of Required Setbacks. All lots must contain at least one front yard setback except pipestem lots. A front yard setback shall be required abutting each right-of-way on corner lots and through lots. All lots must contain one rear yard setback except for corner, through, and pipestem lots. All other setbacks will be considered interior yard setbacks.
C. Corner Lot Exception. A lot that abuts the intersection of two or more rights-of-way is allowed to have one of the front yard setbacks reduced to ten (10) feet, provided the reduced yard does not abut a state highway or major arterial.
D. Through Lots. If a lot abuts two or more rights-of-way, the front yard setback for the frontage not providing primary access may be reduced to ten (10) feet, provided the reduced yard does not abut a state highway or major arterial.
E. Pipestem or Flag Lots. A flag lot shall have setbacks of twenty (20) feet from all property lines for both principal and accessory structures.
1. Flag lots in residential zones (LDR1/1, MDR4/1 and HDR6/1) shall have a minimum frontage of twenty (20) feet on a public road or street from which access is taken. If such frontage does not exist, an easement to a public road or street shall be a minimum of twenty (20) feet in width.
Figure 18.48-2—Required Setback Designations
2. Flag lots in nonresidential zones (MU, C-1, C-2, I, and P) shall have a minimum frontage of twenty-four (24) feet on a public road or street from which an access way is taken. If such frontage does not exist, an easement to a public road or street shall be a minimum of twenty-four (24) feet in width.
F. Front Yard Setback Averaging. Averaging may be used to reduce a front yard setback requirement when a principal building has been established on an adjacent lot within the required yard. This provision shall not apply if the adjacent lot has received a reduced setback based upon a discretionary land use approval. This exception shall be calculated as follows:
1. Averaging shall be calculated by adding the existing front yard setbacks of the adjacent lots together and dividing that figure by two.
2. In the case of a corner lot or when an adjacent lot is vacant, averaging shall be calculated by adding the front yard setback of the adjacent developed lot with the minimum front yard setback of the zone in which the construction is proposed and dividing that figure by two.
G. Slopes. If the topography of a lot is such that the minimum front yard setback line is eight feet or more above the street grade, and there is no reasonable way to construct a driveway up to the dwelling unit level, a garage/carport may be built into the bank and set at least five feet back from the right-of-way.
H. Accessory Structures—Interior Yard Exception. Detached, one-story accessory structures may occupy twenty-five percent (25%) of the total area of an interior yard and shall maintain a minimum three-foot setback, including any projections for the accessory structure (see Section 18.40.120, Accessory uses, for additional requirements).
I. Accessory Structures—Rear Yard Exception. Detached, one-story accessory structures may occupy fifty percent (50%) of the total area of a rear yard and must maintain a three-foot setback, including any projections for the accessory structure (see Section 18.40.120, Accessory use category, for additional requirements).
Figure 18.48-3—Accessory Use Setback Exception
J. Bus Shelters. Bus shelters for school district or transit authority purposes may be located within a front yard setback when located on private property if they do not exceed fifty (50) square feet of floor area and one story in height; provided, that all applicable site distance requirements of the currently adopted site development regulations are met.
K. Projection Exception. For principal buildings and ADUs, fireplace structures, bay or garden windows, enclosed stair landings, ornamental features, or similar structures may project into any setback, provided such projections are:
1. Limited to two per required yard.
2. Not wider than ten (10) feet.
3. Not more than two feet into an interior or rear yard setback.
4. Not more than three feet into a front yard setback.
5. Uncovered porches and decks which do not exceed thirty (30) inches from finished lot grade may project into any setback, provided such projections do not extend more than five feet into a front yard setback.
6. Wheelchair ramps may project into any required setback.
7. Eave overhangs may project two feet into any required setback.
L. Rear Yards—Exception.
1. In the case of triangular or otherwise irregularly shaped lots, a line ten (10) feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line, may be considered the rear lot line at the owner’s discretion (Figure 18.48-4).
Figure 18.48-4—Rear Yard Exceptions
2. For lots abutting a shoreline pursuant to the Shoreline Management Regulations, the ordinary high water mark may be considered the rear lot line for purposes of setbacks.
M. Interior Yards—Exception. Lots located in an LDR1/1 classification that are one hundred (100) feet or less in width may reduce each interior yard setback to ten percent (10%) of the lot width. In no case shall the setback be less than three feet unless a variance is approved.
N. Height Standards.
1. Building Height. The height of a building is the vertical distance from the average elevation of the finished grade on each corner of a building to the top of a flat or shed roof, or the deck level on a mansard roof, and the average distance between the bottom of the eaves to the highest point of a pitched, hipped, gambrel, or gable roof.
2. Structure Height. The height of all structures (except buildings) is the vertical distance of a structure measured from the average elevation of the finished grade surrounding the structure to the highest point of the structure. Flagpoles shall not exceed forty-five (45) feet in height from the average grade. All such poles shall be placed so as to neither obstruct nor obscure adjacent property owners’ lines of vision. Such poles shall not display more than three flags at any one time. All structures greater than six feet in height require a building permit.
Figure 18.48-5—Building Heights
3. Measurement—Height of a Fence/Retaining Wall. The height of a fence shall be measured from a point on the ground immediately adjacent to the fence to the top of the fence. The height of a fence located on a rockery, retaining wall, or berm shall be measured from the ground on the high side of the rockery, retaining wall, or berm to the top of the fence. Net fences, such as those used on golf courses and/or driving ranges shall not be higher than thirty-five (35) feet and shall meet the setbacks required for structures. The top of a fence shall include all attachments, ornamentations, and security devices such as barbed wire. All structures greater in height than six feet require a building permit. Fences are limited to no more than four feet in height beyond the front of the principal building or structure in front yards and may be built to the property lines unless otherwise provided.
Figure 18.48-6—Fence Height
4. Exceptions. Height standards shall not apply to the following:
a. Church spires, belfries, domes, chimneys, antennas, satellite dishes, ventilation stacks, or similar structures, provided the structure is set back one additional foot for every foot said structure exceeds the height limitation in the underlying zone classification.
b. Rooftop mechanical equipment. All rooftop mechanical equipment may extend ten (10) feet above the height limit of the zone, provided all equipment is set back ten (10) feet from the edge of the roof.
c. These exceptions still require a building permit.
O. Lot Width Measurement.
1. When a lot has four sides or has more than four sides and has an essentially rectangular or pie shape, the lot width shall be the horizontal distance between the side lot lines measured at right angles to the line comprising the depth of the lot at a point midway between the lot front and the lot rear line.
2. For pipestem or flag lots, the access easement or lot extension shall not be included in determining the width or depth of the lot.
3. For lots with more than four sides that are irregular in shape, lot width shall be measured at the widest portion of the lot between the side lot lines. (Ord. 548 § 2 (Exh. C) (part), 2007)
A. Residential detached accessory structures which are less than two hundred (200) square feet in size and not higher than ten (10) feet, including garden sheds or greenhouses or combination of both; children’s play equipment; arbors; and gazebos, placed in a rear half of a lot shall have a minimum three-foot setback. Attached accessory structures must meet the same setbacks as the main building.
B. In the single-family (LDR1/1, MDR4/1, and HDR6/1) zoning districts, garages or other accessory buildings greater than two hundred (200) square feet but not exceeding a total of fifty percent (50%) rear yard lot coverage or twenty-five percent (25%) side yard coverage, which do not exceed fourteen (14) feet in height, may be placed within the rear or interior yard.
1. The structure must maintain a minimum five-foot setback, unless the zoning district allows a lesser setback; and
2. Be located at least six feet from a primary structure located on an adjacent property.
C. Pools, hot tubs, and similar accessory structures may not be located in the rear or interior yard setbacks.
D. Areas for automobiles shall be designed in such a manner that adequate visibility is ensured for ingress and egress.
E. Every building hereafter erected or moved shall be on a lot adjacent to a public street or with access to an approved private street, and all structures shall be located on lots as to provide safe and convenient access for servicing and provide for required off-street parking.
F. Parking areas shall have a durable surface. If the parking area is within one hundred (100) feet of an adjacent lot, the parking area shall be concrete, asphalt or other paved or solid surface to not create a dust problem for neighbors. (Ord. 548 § 2 (Exh. C) (part), 2007)
A. Within the zoning districts established by this division, or as amended, lots, uses, and structures may exist that were lawful when established but no longer conform to the provisions and standards of the zoning district in which they are located. Nonconformities may adversely affect the development and redevelopment of the city consistent with the provisions of the comprehensive plan. This section provides for the regulation of these legally existing nonconformities and attempts to balance the rights of property owners to continue the use of their properties and the perpetuation of uses envisioned under the city’s comprehensive plan and this division. These standards specify the circumstances, conditions, and procedures under which such nonconformities are permitted to endure.
B. This section shall apply to legally existing nonconformities, except the following:
1. Nonconforming sexually oriented businesses as defined in Section 18.44.070, Sexually oriented business, which shall instead be governed by standards set forth in that section.
2. Nonconforming signs as defined in Section 18.48.130, Signs, which shall instead be governed by standards set forth in that section.
3. Nonconforming personal wireless telecommunications facilities as defined in Section 18.44.100(E), Wireless telecommunications facility, which shall instead be governed by standards set forth in that section.
4. Permit applications at the time of this division’s passage that constitute vested development shall instead be governed by existing standards. Future plans to further develop property shall not constitute a basis for nonconformity status, whether or not documented in public record, except when they constitute a vesting. Nothing in this section shall be construed to require a change in plans, construction, or intended use related to vested development, though it may thereafter be regulated as nonconformity.
5. Single-family residences within the core commercial (CC) zoning district may rebuild to no more than one hundred twenty-five percent (125%) of the home’s square footage due to damage or destruction, based on assessor records of the prior square footage. Restoration or replacement of the single-family home shall commence within one year from the date of the damage. Setbacks and other site development standards for restoration or replacement of a damaged or destroyed single-family home shall be based on criteria of Section 18.40.070, MDR4/1 zoning district.
C. The provisions of this section apply only to nonconformities that were lawful, either by right or by discretionary permit, when initially established and these provisions may not be used as an alternative to removal or cessation of activities, structures, and uses which were illegal at the time of their establishment. This provision shall not apply to dwelling units located in residential zones or in established mobile home parks, which may be reconstructed or replaced with no substantial change in floor area or other nonconforming feature.
D. The entire contiguous ownership of land shall be considered as a single parcel of land for determination of nonconformance as a consideration of development. A record of separate lot or parcel boundaries shall be disregarded. It is recognized that the dimensions of some nonconforming lots of record are so constrained that meeting some development regulations such as setbacks would render such lots essentially unbuildable. The city will consider unusual hardships in reviewing applications for such development. Pursuant to Section 18.20.080, Variances, variances may be granted in such instances based on individual circumstances and may be conditioned such that negative effects on the surrounding area are mitigated.
E. Nonconforming lots may not be altered in any way that would increase the degree of nonconformity; provided, this does not preclude acquisition or dedication of additional public rights-of-way when deemed necessary by the designee.
F. Nonconforming Uses. Nonconforming uses may continue to operate as provided below:
1. Routine maintenance and repairs may be performed on land or structures containing a nonconforming use.
2. A nonconforming use shall not be changed to another nonconforming use.
3. Nonconforming uses outside of a structure, which occupy only a portion of a lot, may not be expanded to any other portion of the property.
4. Nonconforming uses may not be materially expanded unless such expansion is required by law or a public agency in order to comply with public health, safety or welfare regulations.
5. All applicable construction permits must first be obtained for any such work.
G. Nonconforming Structures. Maintenance, minor improvements and minor alterations to nonconforming structures are allowed to prevent them from becoming blighted and having detrimental impacts on the surrounding neighborhood.
H. Nothing in this section shall be construed to prevent the strengthening or restoring to a safe condition any nonconforming structure or part thereof declared to be unsafe by the building official or other proper authority. No structure partially occupied by a nonconforming use shall be moved, altered, or enlarged in such a way as to permit the enlargement of the space occupied by the nonconforming use. Alterations or expansions of nonconforming structures which are required by law or a public agency in order to comply with public health, safety or welfare regulations are allowable, even if in conflict with other provisions of this division. All applicable construction permits must first be obtained for any such work.
I. The burden of demonstrating that nonconformity is lawful under this division rests with the property or business owner. Some examples of evidence that may indicate legal nonconforming status include: tax assessment records, construction or other permit records, personal or business income tax records, business license records, dated past advertising, dated business receipts to customers, dated rent receipts, affidavits from neighbors or tenants, testamentary documents, photographs whose date may be clearly ascertained, and other such information which is competent and factual. The city may, at its discretion, request such records from a property or business owner as a basis for determining whether nonconformity was legally established and preexisting.
J. Termination of Nonconforming Status. A nonconforming development or use shall terminate under the following conditions:
1. When the use has been abandoned for a period of six or more months.
2. When the structure, which is nonconforming, has been damaged or destroyed to an extent exceeding fifty percent (50%) or more of its fair market value as indicated by the records of the Thurston County assessor.
K. Provided, that damaged uses that are allowed to reestablish, as provided in subsection (L) of this section, shall not be considered to be terminated. Once terminated, the use shall not be reestablished, and any subsequent use must comply with the regulations of the zoning district in which it is located.
L. Damage or Destruction.
1. If a nonconforming use or structure is damaged or destroyed by any means to the extent of fifty percent (50%) or more of the last assessed value, it may not be reestablished except in compliance with the regulations of the zoning district in which it is located.
2. If a nonconforming use or structure is damaged due to an involuntary event of fire, natural disaster or other casualty, to the extent of less than fifty percent (50%) of fair market value, it may be restored to substantially the same extent of nonconformance as preexisted the damage; provided, that all applicable construction permits are obtained prior to commencement of demolition and reconstruction. This provision shall not be construed as reducing any requirements of construction standards in effect for rebuilt structures. Restoration or replacement shall commence within one year from the date of damage.
M. The transfer of ownership of a nonconforming lot, use, or structure will not alter its legal nonconforming status.
N. By their nature, nonconformities can be unique and difficult to identify and equitably regulate. If questions arise with regard to nonconforming status or replacement when abandonment, damage, or destruction has occurred, the designee is hereby empowered to issue case-by-case determinations based on individual circumstances. Such determinations will constitute administrative determinations as set forth in Section 18.20.020, Administrative interpretations, and shall be appealed pursuant to Section 18.16.090, Process II—Administrative action. (Ord. 616 § 2 (part), 2012; Ord. 575 § 12, 2009; Ord. 548 § 2 (Exh. C) (part), 2007)
A. Purpose and Intent. The purpose of these landscaping standards is to establish consistent and comprehensive landscaping provisions. The intent is to provide minimum landscaping requirements that:
1. Avoid large, unbroken expanses of concrete, asphalt, and other impervious surfaces;
2. Screen or soften parked vehicles, buildings, and structures as viewed from off site;
3. Provide attractive, pleasing streetscapes;
4. Better define and organize vehicular and pedestrian spaces; and
5. Encourage citizens and owners of business and industrial developments to participate in rejuvenating the city’s appearance.
B. Applicability. These landscaping standards apply to the following types of development:
1. Any permit to construct a single-family dwelling, multifamily development, or any nonresidential development that is not an open space use defined by Section 18.44.030.
2. Any permit to construct an addition of two hundred (200) square feet or more to a multifamily or nonresidential development.
3. Any proposal that adds five hundred (500) square feet or more of impervious surfaces.
C. Administrative Variances. Exceptions to the requirements of this section may be allowed through the administrative variance process found in Section 18.20.080. At a minimum, the applicant must provide an alternative conceptual landscape plan, supporting photographs, and a brief explanation as to how the alternative plan satisfies the purpose and intent of this section.
D. Landscape Plan. A landscape plan must be submitted for review, along with the appropriate application for a building permit or site development permit. Single-family dwellings are exempt from having to provide a landscape plan but must be landscaped in accordance with the remaining standards of this section.
1. Standards. The landscape plan must comply with the following standards.
a. Professional Preparation Requirements. For multifamily projects with five or more units and commercial developments consisting of twenty-five thousand (25,000) square feet or more of gross floor area, the landscape plan must be prepared by a landscape architect registered in the state of Washington. For all other projects, the landscape plan may be prepared by a nurseryman or landscaper. The community development director or designee may waive this requirement.
b. Landscape Plan Requirements. At a minimum, the landscape plan must include all of the following elements:
i. Existing Vegetation. A map identifying all trees six inches in diameter at breast height or greater within areas proposed for clearing and within twenty-five (25) feet of any area to be cleared. All significant trees must be clearly labeled. In addition, all trees or shrubs proposed to be retained and counted towards complying with the landscaping standards of this section must be mapped.
ii. Plant Schedule. A plant schedule, identifying symbols, quantity, size, and type of all proposed landscaping and existing vegetation proposed for credit.
iii. Planting Plan. The planting plan must indicate the location of all proposed landscaping and existing landscaping proposed for credit.
iv. Irrigation Statement. An irrigation statement describing how plant material will be irrigated for a minimum three-year period or until plant establishment.
v. Erosion Control. A description of how erosion is to be controlled on site, both permanently and during construction.
vi. Cost Estimates. Cost estimates to implement the landscape plan.
c. Approval and Bond Required. Prior to issuing a certificate of occupancy or conducting a final inspection for a site development permit that requires a landscape plan, a performance bond for completion of the approved landscape plan must be submitted to the city pursuant to Section 18.12.120, Security mechanisms.
2. Findings for Approval. A landscape plan must be approved upon finding the plan adequately:
a. Softens the visual impact of development;
b. Screens incompatible uses from surrounding residential and nonresidential development;
c. Where applicable, provides a buffer between zones; and
d. Provides an attractive, pleasing streetscape.
E. General Landscaping Requirements.
1. Vegetation Required. All landscaped areas proposed for vegetation must be planted with lawn, pasture, or native groundcover unless such vegetation is already fully established. Once landscaped, landscaped areas must be maintained to support plant life.
2. Credit for Existing Vegetation. Each existing tree or shrub retained may be credited on a two to one basis for purposes of complying with landscaping requirements. Retained vegetation must:
a. Meet the minimum requirements established in subsection (E)(7) of this section;
b. Be located in or within five feet of a required landscape buffer;
c. Be in good health; and
d. Not pose a safety risk to the community (e.g., is not diseased, dying, likely to fall into a public open space or right-of-way, obscures safe sight distance requirements, etc.).
3. Retaining Significant Trees. Property owners are encouraged to retain the existing trees and other native vegetation on site to the maximum extent possible.
a. At a minimum, twenty-five (25) percent of significant trees must be retained on a site. A significant tree is one that:
i. Is not a cottonwood, alder, poplar, or big-leaf maple;
ii. Is at least fifteen (15) inches in diameter at breast height;
iii. Is in good health; and
iv. Does not pose a safety risk to the community (e.g., is not diseased, dying, likely to fall into a public open space or right-of-way, obscures safe sight distance requirements, etc.).
b. When it is not feasible to retain required significant trees due to site constraints, each required significant tree removed must be replaced with a:
i. Transplanted or retained on-site tree four-inch caliper or larger (measured six inches above the base) that meets the definition of a “significant tree” in all manner except size; or
ii. New evergreen tree that is a minimum ten (10) feet in height or a deciduous tree that is a minimum three-inch caliper measured six inches above the base.
4. Plant Spacing. Plant spacing may be adjusted to accommodate driveways and clear vision areas.
5. Conserving Water. Design with native vegetation, drought-resistant plants, and minimal grass area is encouraged to promote water conservation.
Examples of native vegetation that require less water include:
• Deciduous trees: Douglas maple and vine maple.
• Evergreen trees: incense cedar and Western red cedar.
• Shrubs: red flowering currant, red osier dogwood, and bald hip rose.
• Groundcovers: false lily-of-the-valley and cotoneaster.
6. Irrigation.
a. Irrigation systems must be adequate to ensure survival of all retained and new plants for a period of at least three years.
b. Irrigation systems must be designed and operated to minimize runoff and overspray to non-irrigated areas.
7. Plant Standards. Where new landscaping is required, the following plant standards apply at planting:
a. Deciduous Trees. Deciduous trees must have a minimum two-inch caliper measured six inches above the base.
b. Evergreen Trees. Evergreen trees must be at least six feet tall.
c. Small Shrubs. Small shrubs must be at least eighteen (18) inches in height at the time of planting with approximately a two-gallon pot or ball and burlap.
d. Medium Shrubs. Medium shrubs must be a minimum of three feet in height at the time of planting with approximately a five-gallon pot or ball and burlap.
e. Vegetative Groundcovers. Vegetative groundcovers include grass sod and spreading groundcovers. Spreading groundcovers must be able to form a solid cover over the planting area within two years from the time of planting.
8. Maintenance. All on-site landscaping and landscaping on adjacent public rights-of-way must be maintained and meet each of the following standards. Failure to maintain required landscaping constitutes a zoning violation.
a. All landscape materials must be pruned and trimmed as necessary to maintain a healthy growing condition, to prevent primary limb failure, and to prevent limbs from becoming an impediment or hazard to vehicles or pedestrian traffic.
b. All landscape areas must be kept free of trash and weeds.
c. Landscaping must be permanently maintained in such a manner as to accomplish the purpose for which it was initially required.
d. Any plant material that dies after installation must be replaced within the spring or fall growing season, whichever comes first, following plant loss. Replacement landscaping must comply with all provisions of this section.
F. Attached and Detached Single-Family Dwelling Requirements. Attached and detached single-family units must provide one or more street trees consistent with subsection (H)(2)(c)(i) of this section.
G. Duplexes, Triplexes, and Fourplexes. Duplexes, triplexes, and fourplexes must provide the following:
1. One or more street trees consistent with subsection (H)(2)(c)(i) of this section.
2. A six-foot tall solid fence or landscaping consistent with subsection (H)(3)(d) of this section.
H. Requirements for All Other Uses. Multifamily and applicable nonresidential uses must provide landscape buffers consistent with the standards listed below. Where a landscape buffer is required, the planting requirements must be spaced at intervals along the full extent of the landscape buffer.
1. Landscape Buffers Generally. The following table identifies the type of landscape buffer required based on a property’s zoning:
Landscape Buffer Type | Residential Zones | Nonresidential Zones | Special Purpose Zones | |||||||
|---|---|---|---|---|---|---|---|---|---|---|
| R EN | R 6-8 | R 8-25 | CC | HC | SC | I | FRL | P/PF | T/OS/P |
Street | Y | Y | Y | Y | Y | Y | Y | -- | Y | Y |
Side/Rear | Y | Y | Y | -- | -- | -- | -- | -- | Y | -- |
Zoning | -- | -- | -- | Y | Y | Y | Y | -- | Y | -- |
Parking | Y | Y | Y | Y | Y | Y | Y | -- | Y | Y |
Screening | Y | Y | Y | Y | Y | Y | Y | -- | Y | Y |
2. Street Buffer. The purpose of a street buffer is to soften the appearance of development (especially parking areas), provide visual interest, and provide shade.
a. Where Required. A street buffer is required adjacent to the public or private right-of-way. Provided all required setbacks are met, buildings may encroach into the street buffer. Off-street parking areas are prohibited in the street buffer.
b. Width. The buffer must be at least eight feet wide.
c. Planting Requirements.
i. Trees.
(A) In General. Unless a street is subject to a street tree theme, one deciduous tree per twenty (20) linear feet of landscape buffer is required. At least two types of trees should be used.
(B) Street Tree Themes. The following streets have themes that dictate the type and spacing of trees:
Required Street Tree Themes | Tree Type (Required Spacing) | |||
|---|---|---|---|---|
Street | Primary Tree | Secondary Tree | Accent Tree | Utility Tree |
Binghampton Street | Scarlet Oak (40') | Autumn Purple Ash (40') | Snowgoose Cherry (30') | Snowdrift Crabapple (30') |
Centre Street North from Binghampton Street to Hubbard Road SE | Commemoration Sugar Maple (40') | Norwegian Sunset Maple (35') | Rustica Rubra Saucer Magnolia (30') | Galaxy Magnolia (30') |
Centre Street South from Binghampton Street to city limits | Patmore Ash (35') | Norwegian Sunset Maple (35') | Snowdrift Crabapple (30') | Pacific Sunset Maple (25') |
Minnesota Street North from the railroad trestle to city limits | Black Tupelo Gum (25') | Pacific Sunset Maple (25') | Paperbark Maple (30') | Autumn Brilliance Serviceberry (30') |
Minnesota Street North from Binghampton Street West to the railroad trestle | Callery Pear (25') | Redmond Linden (25') | Kousa Dogwood (30') | Trident Maple (30') |
Hubbard Street SE from Centre St. N. to city limits | October Glory Red Maple (35') | Shademaster Honeylocust (35') | Galaxy Magnolia (30') | Trident Maple (30') |
133rd Street SE from Hubbard St SE to Nieland Loop SE | Norwegian Sunset Maple (35') | Shademaster Honeylocust (35') | Prairiefire Crabapple (30') | Desert Ash (30') |
ii. Shrubs. One small shrub per three linear feet of landscape buffer is required, but grass sod may be used as a substitute.
iii. Groundcover. Where grass sod is not utilized in the landscape buffer, a spreading groundcover is required.
d. Fencing. If solid fencing is used, landscaping must be placed on the exterior of the fence.
e. Substitutions. A combination of potted trees, public art, lamp posts, planter boxes, hanging baskets or other landscaping, street furniture, or architectural features may be substituted for required street buffer landscaping subject to approval by the community development director or designee. The proposed substitution must still meet the objectives and findings of this section. At least three approved alternatives must be used to enhance the building front. For buildings that have a zero lot-line setback, an awning or similar architectural feature must be used as one of the three alternatives.
f. Right-of-Way Landscaping. Street buffer landscaping requirements may be placed in a public or private right-of-way if approval from the public works supervisor is granted.
3. Side/Rear Buffer. The purpose of a side/rear buffer is to soften the appearance of development as viewed from adjacent properties. Provided all required setbacks are met, buildings may be located within the side/rear landscaping buffer. Parking areas are prohibited in the side/rear buffer.
a. Where Required. A side/rear buffer is required adjacent to side and rear property lines for nonresidential uses and multifamily uses with five or more units.
b. Width. The buffer must be at least eight feet wide.
c. Planting Requirements. One deciduous or evergreen tree per twenty (20) linear feet of landscape strip is required. At least fifty percent (50%) of required trees must be evergreen.
d. Fencing. A six-foot-tall fence is required and may be located at the property line.
4. Zoning Buffer. The purpose of a zoning buffer is to screen and soften the appearance of development as viewed from adjacent properties. Buildings and parking areas are prohibited in the zoning buffer.
a. Where Required. A zoning buffer is required adjacent to side and rear property lines that abut residential zones.
b. Width. The buffer must be at least eight feet wide.
c. Planting requirements. One deciduous or evergreen tree per twenty (20) linear feet of landscape strip is required. At least fifty percent (50%) of required trees must be evergreen.
d. Fencing. A six-foot-tall fence is required and may be located at the property line.
5. Parking Buffer. The purpose of a parking buffer is to screen, soften, and provide visual separation between on-site parking areas and development on adjacent properties. Interior landscape islands provide shade, visual interest, and soften the impact of expansive areas of asphalt and concrete. The perimeter buffer can overlap with other required landscaping buffers, but the wider buffer and more restrictive planting requirements control.
a. Where Required. A parking buffer is required along the perimeter of a parking lot as well as the placement of interior landscape islands.
b. Perimeter Buffer.
i. Minimum Width. The perimeter buffer must be at least eight feet wide.
ii. Planting Requirements.
(A) Trees. One deciduous or evergreen tree per twenty (20) linear feet of perimeter buffer is required. At least two types of trees must be used and should primarily consist of deciduous trees.
(B) Shrubs. One small shrub per three linear feet of landscape buffer is required, but grass sod may be used as a substitute.
(C) Groundcover. Where grass sod is not utilized in the landscape buffer, a spreading groundcover is required.
c. Landscape Islands. Landscape islands are only required for parking lots with ten (10) or more spaces. No parking space may be more than five spaces/fifty (50) feet from a landscape island.
i. Minimum Area. Landscape islands must be at least one hundred (100) square feet in size.
ii. Planting Requirements. Each landscape island must contain the following:
(A) Trees. One deciduous tree per one hundred (100) square feet of landscape island.
(B) Groundcover. A spreading groundcover or mulch is required.
6. Screening Buffer. The purpose of a screening buffer is to provide a solid sight barrier between uses to create a strong impression of spatial separation.
a. Applicability. A screening buffer is required for the following uses:
i. Landscape supply yards;
ii. Storage uses;
iii. Heavy industry uses;
iv. Disposal uses;
v. Utility facilities;
vi. Sewer facilities;
vii. Wireless telecommunications facilities;
viii. Outdoor storage areas and yards (Section 18.46.020).
b. Where Required. A screening buffer is required around the perimeter of a specific use. The screening buffer can overlap with other required landscaping buffers, but the wider buffer and more restrictive planting requirements control.
c. Width. The buffer must be at least eight feet wide.
d. Planting requirements.
i. Trees. One deciduous or evergreen tree per twenty (20) linear feet of landscape strip is required. At least fifty percent (50%) of required trees must be evergreen.
ii. Shrubs. Three small shrubs and two medium shrubs per four linear feet of landscape buffer is required. At least forty percent (40%) of required shrubs must be evergreen.
iii. Groundcover. Where grass sod is not utilized in the landscape buffer, a spreading groundcover or mulch is required.
e. Fencing. A solid fence or wall is required. Landscaping must be placed on the exterior of the fence. (Ord. 690 § 1, 2020; Ord. 575 § 14, 2009; Ord. 548 § 2 (Exh. C) (part), 2007)
A. Streetscapes shall be improved as specified in Sections 18.48.140, Design standards, 18.48.100, Landscaping, and Chapter 18.45, Parking and Loading Standards.
B. The designee may modify commercial streetscape improvements requirements for structure remodeling or tenant improvements in accordance with Sections 18.48.140, Design standards, 18.48.100, Landscaping, and Chapter 18.45, Parking and Loading Standards, and the following:
1. The designee may permit modification of streetscape improvements, requirements and standards when development of the required landscaping improvement(s), in the opinion of the designee, is not practical due to physical limitations of the site which are no fault of the applicant.
2. The designee may permit modification of streetscape improvement standards where the required streetscape, in the opinion of the designee, is not roughly proportionate to the impact, type, scale, and cost of the proposed development action.
3. The streetscape design alternatives shall be documented as an administrative determination.
4. Mailing notice to adjacent property owners potentially affected by the development regulation modifications is required. (Ord. 548 § 2 (Exh. C) (part), 2007)
A. Purpose. Resource lands are of special concern to the public. In order to protect and promote public health, safety, and welfare, this section establishes noticing requirements for sites that contain or are adjacent to natural resource lands.
B. Establishment of Natural Resource Lands.
1. Natural resource lands regulated by this section include:
a. Agricultural resource lands (WAC 365-190-050; RCW 36.70A.170);
b. Mineral resource lands (WAC 365-190-070; RCW 36.70A.170);
c. Forest resource lands (WAC 365-190-060; RCW 36.70A.170).
2. Properties adjacent to natural resource lands are also subject to the standards of this section. An adjacent property is one that is on a site bordering or within five hundred (500) feet of a designated natural resource.
C. Notice Required.
1. Pursuant to RCW 36.70A.060, all final plats and short plats and permits issued for development activities on or within five hundred (500) feet of any land designated under this section must contain a note that the subject property is near agriculture, forest, or mineral resource lands of long-term commercial significance, whichever applies. The note must inform the public that a variety of commercial activities may occur that may not be compatible with residential development for certain periods of limited duration.
2. The note must also contain a statement that the ability of owners or occupants to recover damages for nuisances arising from activities on the designated mineral, agricultural or forestry land, whichever applies, may be limited.
3. The note for properties within or near designated mineral lands must also inform the public that an application might be made for mining-related activities, including mining, extraction, washing, crushing, stockpiling, blasting, transporting and recycling of minerals.
4. The resource use notice must be provided in a form and content prescribed by the city.
D. Agricultural Resource Lands. Agricultural lands are lands that are not already characterized by urban growth and have long-term significance for the commercial production of food or other agricultural products.
1. Location. The following sites have been designated as agricultural lands:
a. Rainier. There are no sites within the city designated as agricultural lands.
b. Unincorporated Thurston County. There are no sites within five hundred (500) feet of the city or its urban growth area that have been designated by Thurston County as long-term agriculture.
E. Mineral Resource Lands. Mineral resource lands are lands that are not already characterized by urban growth and have long-term significance for the extraction of minerals.
1. Location. The following sites have been designated as mineral resource lands:
a. Rainier. There are no sites within the city designated as mineral resource lands.
b. Unincorporated Thurston County. There are no sites within five hundred (500) feet of the city or its urban growth area that have been designated by Thurston County as mineral resource lands.
F. Forest Resource Lands. Forest resource lands are forestlands that are not already characterized by urban growth and have long-term significance for the commercial production of timber, including Christmas trees.
1. Location. The following sites have been designated as forest resource lands:
a. Rainier. Sites zoned as forest resource land.
b. Unincorporated Thurston County. There are no sites within five hundred (500) feet of the city or its urban growth area that have been designated by Thurston County as long-term forestry. (Ord. 659 § 13, 2017)
A. Qualified Open Space.
1. An area of land or water designated and reserved primarily for uses which require minimal buildings and impermeable surfaces and which is supplemental and in addition to any setbacks, yards, streets, vehicular access or parking areas and similar areas ordinarily associated with residential land division developments, which may include, but is not limited to, greenbelts, parks, athletic fields, recreation areas, trails, or environmentally sensitive or critical areas when dedicated to and providing at least seventy-five percent (75%) access to the general public and the entire open space be set aside in a separate land tract.
2. Payment of fees in lieu of dedication shall be based on fair market value of the net land percent requirement specified below.
3. Dedicated uses shall be for one or more of the following uses:
a. Environmental interpretation or other educational purposes;
b. Parks, recreation land, or athletic fields;
c. Off-road foot, bike, or equestrian trails; or
d. Other purposes as present by the applicant, subsequently accepted by the city.
4. Impermeable Surfaces. No more than five percent of dedicated open space may be impermeable such as buildings, roads, or parking areas, except as open space enhancements.
5. Suitability. Open space must be of such topographic, hydrological, geological or other physical characteristics to be suitable for such open space.
6. Siting. The city shall consider applicant-proposed siting of open space, and have authority to approve the final location of such open space.
7. Ownership. The provisions of Section 18.100.080(F) apply.
8. Signage. The provisions of Section 18.100.080(J) apply.
B. Open Space Requirement. All residential land division developments shall include, as a condition of approval, either the dedication of a portion of the site to be developed as qualified open space for public purposes, or the payment of a fee in lieu of dedication, or both, pursuant to this section.
C. Single-family land division developments shall provide five percent of the net built area of the proposed development and shall be qualified open space as provided in subsection (D) of this section.
D. For multifamily or combination multifamily/single-family land divisions, developments shall equal ten percent (10%) dedication of open space of the net built area. (Ord. 575 § 15, 2009; Ord. 548 § 2 (Exh. C) (part), 2007)
A. Purpose. This sign ordinance is adopted under the zoning authority of the city in furtherance of the more general purposes set forth in Section 18.48.010. The purposes of this section are to:
1. Encourage the effective use of signs as a means of communication in the city;
2. Improve the city of Rainier’s appearance, economic development, and growth;
3. Improve pedestrian and traffic safety;
4. Minimize the adverse effect of signs on nearby public and private property; and
5. Allow for fair and consistent enforcement of these sign restrictions.
B. Definitions.
1. For words and phrases that are not defined here, Chapter 18.08 general provision definitions apply.
2. All other words and phrases will be given their common, ordinary meaning, unless the context clearly requires otherwise.
3. The section headings or captions are for reference purposes only and will not be used in the interpretation of this section.
“Art” means the expression or application of human creative skill and imagination, in a visual form such as painting or sculpture, producing works to be appreciated primarily for their beauty or emotional power without the overt conveyance of any particular message.
“Banner” means any sign of lightweight fabric, or similar material, that is permanently mounted to a pole or building by a permanent frame at one or more edges. (Note: National flags, state or municipal flags, or the official flag of any institution or business are not considered banners.)
“Beacon” means any light with one or more beams that rotate or move, directed into the atmosphere, or directed at one or more points on a lot, different from the light source.
“Building face” means that portion of any exterior elevation of a building or other structure extending from grade to the top of a wall and the entire width of that particular building or structure elevation.
“Building marker” means any sign cut into a masonry surface or made of bronze or other permanent material indicating:
• The name of a building;
• The date; and
• Incidental information about its construction.
“Flag” means any fabric or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other similar entity.
“Furniture zone” means the area of sidewalk between the curb and the clear mobility area of the sidewalk.
Lot. See Section 18.144.040, “Lot” definition.
“Marquee” means any permanent roof-like structure projecting:
• Beyond a building; or
• Extending along and projecting from the wall of the building.
Note: Marquees are generally designed and constructed to provide protection from the weather.
“Message” means any wording, logo, or other representation that bears a name, direction, warning, information or advertisement.
“Mural” means a work of art painted or applied to a wall of a building or other structure.
“Pennant” means any material suspended from a rope, wire, or string and designed to move in the wind. Note: A pennant does not need to contain a message of any kind.
“Scoreboard” means a sign that is adjacent to and on the same site as an athletic field or other competition that displays information or statistics about the game or activity.
“Shielded light source” means: (1) an artificial light source directing light on a sign that is diffused or directed to eliminate glare and housed to prevent damage or danger; or (2) a light source located within a sign that is shielded with a translucent material of sufficient opacity to prevent the visibility of the light source; or (3) a light source designed to directly display a message (e.g., LED and neon lighting), that is specifically designed by its manufacturer for outdoor use.
“Sign” means a surface or object bearing a message that is displayed for public view.
“Sign, animated” means a sign or display manifesting either kinetic or illusionary motion occasioned by natural, manual, mechanical, electrical, or other means and when the message changes more than eight times per day. Animated signs include the following types (also see and note difference from changeable sign):
• Naturally Energized. Signs whose motion is activated by wind or other atmospheric impingement. Wind-driven signs include: flags, banners, pennants, streamers, spinners, metallic disks, or other similar devices designed to move in the wind.
• Mechanically Energized. Signs manifesting a repetitious preprogrammed physical movement or rotation in either one or a series of planes activated by means of mechanically based drives.
• Electrically Energized. Illuminated signs whose motions or visual impression of motion is activated primarily by electrical means. Electrically energized animated signs are of two types:
– Flashing Signs. Illuminated signs exhibiting a pre-programmed repetitious cyclical interruption of illumination from one or more sources in which the duration of the period of illumination (on phase) is either the same as or less than the duration of the period of darkness (off phase), and in which the intensity of illumination varies from zero (off) to one hundred percent (100%) (on) during the programmed cycle.
– Illusionary Movement Signs. Illuminated signs exhibiting the illusion of movement by means of a pre-programmed repetitious sequential switching action in which illuminated elements of the sign are turned on or off to visually simulate the impression of motion, characteristic of chasing, running, blinking, oscillating, twinkling, scintillating, or expanding and contracting light patterns.
Sign, Area Of.
• Projecting and Freestanding. The area shall be within a single, continuous perimeter of the sign face. The area of any double-faced signs shall be calculated by determining the area of one face or side of the sign.
• Wall Sign. The area shall be within a single, continuous perimeter composed of any rectilinear geometric figure that encloses the extreme limits of the sign.
• Changeable Copy Signs. Each side of changeable copy signs shall count as individual sign areas.
“Sign area total” means the total area allowed for all freestanding, projecting, suspended, marquee and canopy signs, and flags with messages on a project site. The sign area total is found by adding the area of each of the different signs together. Wall signs, banners, portable signs, building markers, identification signs, and integral roof signs are not subject to the sign area total, but are subject to other standards.
“Sign, building” means any sign attached to any part of a building.
“Sign, canopy” means any sign that is a part of, or attached to:
• An awning;
• Canopy; or
• Other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area.
Note: A marquee is not a canopy.
“Sign, changeable copy” means a sign with informational content of characters, letters, graphics or illustrations that can be changed or altered by manual or electric, electro-mechanical, or electronic means that can be changed or rearranged without altering the surface of the sign. Changeable copy signs include:
• Manually Activated. Sign with alphabetic, pictographic or symbolic informational content that can be changed or altered by manual means.
• Electrically Activated. Sign with alphabetic, pictographic, or symbolic informational content that can be changed or altered on a fixed display surface composed of electrically illuminated or mechanically driven changeable segments. This includes the following two types:
– Fixed Message Electronic Sign. Not an animated sign.
– Computer Controlled Variable Message Electronic Signs. Signs with informational content that can be changed or altered by means of computer driven electronic impulses. Minimum delay shall be set at two seconds.
“Sign, dynamic” means a sign or portion thereof that appears to have movement or that appears to change using any method other than a person physically removing and replacing the sign or its components. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, “digital ink” or any other method or technology that allows the sign face to present a series of images or displays.
“Sign, electrical” means a sign or sign structure in which electrical wiring, connections, or fixtures are used.
“Sign, electric awning” means an internally illuminated fixed space-frame structure with translucent, flexible, reinforced covering designed in awning form and with graphics of copy applied to the visible surface of the awning.
Sign, Flashing. (See “Sign, animated, Electrically Energized.”)
“Sign, freestanding” means any sign supported by structures or supports that are placed on, or anchored in, the ground and independent from any building or other structure.
“Sign, identification” means a sign that is used to identify the tenant of a residential building for visitors. Identification signs typically consist of an individual’s last name and have no other message. When a message other than the individual’s name is included, the sign is classified under the relevant sign type and is subject to the provisions of that sign type under this code.
“Sign, incidental” means a sign that assists visitors to a land use in matters such as parking and navigation of the site, once they are on the site of the land use. Examples include “no parking,” “entrance,” “loading only,” “telephone.”
“Sign, illuminated” means a sign or portion thereof that:
• Incorporates an artificial light source as part of the sign including, but not limited to, a sign with LED lights, neon lights or an interior light.
• A sign that has an artificial light source directed upon it.
“Sign, marquee” means any sign permanently attached to or made a part of a marquee.
“Sign, nonconforming” means any sign that does not meet the requirements of this section.
“Sign, portable” means any sign:
• Not permanently attached to the ground or other permanent structure; or
• Designed to be transported, such as:
– Signs designed to be transported by wheels (reader boards);
– Signs converted to A- or T-frames;
– Menu and sandwich board signs;
– Balloons used as signs (counts against total signage for site); and
– Umbrellas.
“Sign, projecting” means any sign attached to a building or wall where its leading edge extends more than six inches beyond the building or wall surface.
“Sign, residential” means any sign that:
• Is located in a district zoned for residential uses;
• May contain a message advertising for goods or services legally offered on the premises where the sign is located; and
• Conforms to the requirements of Title 18, Division 3—Development Standards—Zoning.
“Sign, roof” means any sign:
• Erected and constructed wholly on and over the roof of a building;
• Supported by the roof structure; and
• That extends vertically above the highest portion of the roof.
“Sign, roof, integral” means any sign erected or constructed as an integral or essentially integral part of a normal roof structure where no part of the sign:
• Extends vertically above the highest portion of the roof; and
• Is separated from the rest of the roof by more than six inches.
“Sign, snipe” means a temporary sign or poster affixed to a tree, fence, telephone pole, public bench, streetlight, public property, or public right-of-way, except government signs.
“Sign, suspended” means a sign that is:
• Suspended from the underside of a horizontal plane surface; and
• Supported by that surface.
“Sign, temporary” means any sign that is not permanently mounted and that contains a message for a particular event or happening that will render the sign obsolete upon the event or happening.
“Sign, wall” means any sign that is:
• Displaying only one sign face; and
• Supported by a wall or building where it is:
– Attached no more than six inches away from and parallel to a wall;
– Painted on the wall surface; or
– Erected and confined within the limits of an outside wall of any building or structure.
“Sign, window” means any sign, pictures, symbol, or combination of these that is:
• A message about the activity, goods, commodity, event, sale, or service on the premises;
• Placed inside a window, or on the windowpanes or glass; and
• Visible from the exterior of the window.
Streets. See Section 18.08.220, “Street” definition.
Street Frontage. See Section 18.08.090, “Frontage” definition.
C. Scope and Effect. This section applies to erecting, placing, establishing, painting, creating, or maintaining a sign in the city of Rainier. The effect of this section is to:
1. Establish a permit system to allow a variety of sign types in commercial and industrial zones, and a limited variety of signs types in other zones, subject to the standards and permit procedures of this section.
2. Provide for the enforcement of the provisions of this section.
D. Prohibited Signs. The following types of signs are prohibited in all zones:
1. Abandoned signs;
2. Search lights (except by permit for a limited time during a once per year event);
3. Pennants, festoons, balloons, and inflatable devices except as allowed in subsection (E) of this section that contain a message;
4. Signs imitating or resembling official traffic or government signs or signals;
5. Snipe signs;
6. Signs placed on vehicles or trailers which are parked or located for the primary purpose of displaying the sign unless otherwise specifically allowed by this section (this does not apply to allowed portable signs or to signs or lettering on buses, taxis, or vehicles operating during the normal course of business and excludes signs to advertise the sale of said vehicle);
7. Signs placed on a site other than the property that contains the use or activity that the sign is advertising, when this sign placement is done to circumvent the area limitations or other standards of this provision;
8. Flashing signs not conforming to subsection (J)(4) of this section;
9. Illusionary movement signs not conforming to subsection (J)(4) of this section;
10. Any sign, structure or supporting structure that is torn, damaged, defaced, or destroyed (see subsection (M) of this section);
11. Illuminated signs in residential zones, provided address signs may be illuminated;
12. Illuminated temporary signs;
13. Any signs that exceed the maximum sign quantity and size per business specified in Table 18.48-6; and
14. Signs otherwise not permitted.
E. Signs Not Requiring Permits or Exempt from this Regulation. The following types of signs are exempted from permit requirements but must be in conformance with all other requirements of this chapter:
1. Construction signs of thirty-two (32) square feet or less so long as the signs are removed within ten (10) days of project completion;
2. On-site directional/informational signs of two square feet or less in sign area;
3. Seasonal or special events decorations;
4. Works of art;
5. Nameplates of two square feet or less in sign area, which are fastened directly to the building or structure;
6. Temporary signs not to exceed sixteen (16) square feet in sign area so long as the sign is removed within ten (10) days after the event or happening;
7. Any public notice or warning sign required by a valid and applicable federal, state, or local law, regulation, or ordinance;
8. Holiday lights and decorations;
9. Window signs; provided, that they comply with the size requirements of Table 18.48-6;
10. Incidental signs;
11. Any sign not legible from more than three feet beyond the lot line of the lot or parcel where the sign is located;
12. Address identification signs with text no greater than ten (10) inches in height, or conforming to fire department regulations;
13. Historical plaques on sites designated by a governmental agency;
14. Government signs;
15. Building markers;
16. Portable signs, as long as the signage does not exceed the maximum number and size per business shown in Table 18.48-6;
17. Identification signs;
18. Signs designated by the Rainier city council as a sign of historical, community significance;
19. Flags, not containing a message. Note: Any pole over six feet in height must obtain a building permit.
F. Abandoned and Obsolete Signs.
1. Legal conforming structural supports for obsolete signs may remain if they are installed with a blank sign face and the supporting structures are maintained.
2. Signs abandoned for thirty (30) days without the installation of a blank sign face and/or the maintenance of supporting structures are not allowed. If the city notifies the owner, the owner shall have thirty (30) days to bring the sign into compliance or remove the sign and its support structure.
G. Lighting. All lighting shall be in accordance with the current edition of the National Electrical Code. Unless otherwise prohibited by this chapter, all signs may be illuminated by one of the following methods:
1. Internal lighting;
2. External direct lighting that is pointed downward when possible; and
3. Neon.
a. Signs containing neon lettering and graphics shall be limited to the same size and height limitation as other commercial signs in that zone. If a neon element is proposed to occur on a wall sign or other sign that is not subject to the sign area total, the area around the neon portion of the sign cannot exceed sixty-four (64) square feet in size.
b. Neon may be used to outline a sign or as a graphic within a sign. Lettering height shall be limited by the ability of the lettering to be contained within the sign’s size constraints.
c. Flashing or animated neon signs are not allowed.
d. Neon signs are only allowed in commercial and industrial zones.
H. Changeable Copy. Unless otherwise specified by this chapter, any sign herein allowed may use manual, automatic, electrical, or mechanical activated changeable copy. No permit is required to change copy on a legally permitted sign.
I. Signs Allowed on Private Property Subject to Permit Process.
1. Signs are allowed on private property subject to the permit approval type listed in Table 18.48-5, unless otherwise noted within this section:
Sign Type | All Residential | Institutional Uses Permitted in Residential Zones | Commercial/Industrial | Public/Semi-Public |
|---|---|---|---|---|
Banner |
|
| A | A |
Canopy |
|
| P | P |
Incidental |
| A | A | A |
Identification (Residential) | A |
| A |
|
Integral Roof |
|
| P |
|
Flag |
| P | P | P |
Freestanding |
| P | P | P |
Marquee |
|
| P | P |
Portable |
|
| A | A |
Projecting |
|
| P | P |
Residential | A |
|
|
|
Roof |
|
| P |
|
Suspended |
| P | P |
|
Temporary | A |
| P | P |
Wall |
| P | P | P |
Window |
|
| A |
|
Blank Cell = Not Allowed | A = Allowed w/o Permit | P = Permit Required | ||
Note: Column labeled “Institutional Uses Permitted in Residential Zones” applies to institutional uses as defined in Section 18.144.040. Uses may include, but are not limited to, group homes, hospice care centers, nursing homes, assisted living facilities, day care facilities, religious assembly uses, funeral homes, and cemeteries.
2. If the letter “P” appears for a sign type in a column, the sign is allowed only with prior permit approval in the zoning districts represented by that column. Special conditions may apply in some cases.
3. If the letter “A” appears for a sign type in a column, the sign is allowed without the need to obtain permit approval in the zoning districts represented by that column.
4. If cell is blank, the sign is not allowed under any circumstances in the zoning districts represented by that column.
J. Sign Permits.
1. When a sign permit is required, the property owner must secure a sign permit prior to the construction, placement, erection, or modification of the sign in accordance with subsections (K) and (L) of this section.
2. No signs will be erected in public rights-of-way except in accordance with subsection (P) of this section and the relevant permit requirements of subsection (K) of this section.
3. No sign permit of any kind will be issued for an existing or proposed sign unless the proposed sign meets the requirements of this section.
4. Prior to issuance of an illuminated sign permit, the applicant shall provide a written certification from the sign manufacturer that the light intensity has been factory preset not to exceed the levels specified in subsection (M)(4) of this section.
K. General Application Procedures. The following will govern the application for, and issuance of, all sign permits under this regulation.
1. Applications. All applications for a sign permit shall be submitted to the city in accordance with the application requirements specified by the designee.
2. Fees. Each application for a sign permit will be accompanied by applicable fees established by the most currently adopted fee schedule.
3. Permit Action. The designee will either issue a permit, request additional information, request application modification to meet requirements of this section or deny the permit.
4. Lapse of Sign Permit. A sign permit will lapse automatically if:
a. The business license for the premises lapses, is revoked, or is not renewed; or
b. The activity on the premises is discontinued for a period of one hundred eighty (180) days or more and is not renewed within thirty (30) days of a notice from the city to the last permit holder, sent to the premises, that the sign permit will lapse if the activity is not renewed.
5. Assignment of Sign Permits. A current and valid sign permit is freely assignable to a successor owner of the property or holder of a business license for the same premises. The assignment is accomplished by filing for a business license.
L. Permits to Construct or Modify Signs. Sign permits will be issued in accordance with the following requirements and procedures:
1. Permit for New Sign or for Sign Modification. The application shall include two sets of plans drawn to scale that show in sufficient detail the following:
a. The proposed location and its relationship to the other principal buildings on the lot and on adjacent properties.
b. The size and height of the sign, including any height associated with the base of the sign.
c. The elevation of the centerline of the roadway upon which the sign is oriented, when applicable.
d. The material of the sign and supporting pole or structure.
e. A drawing of any landscaping or other base upon which the sign will be placed.
f. Any other information required by the building official to accurately review the application for conformance to the code, including but not limited to a review by a certified land survey and/or professional engineer.
2. Inspection. If construction is complete and in full compliance with this section and the building and electrical codes, the sign(s) will be permitted by the city.
M. Sign Construction and Maintenance. All signs must be designed, constructed, and maintained in accordance with the following standards:
1. All signs must comply with applicable provisions of adopted building and electrical codes of the city at all times.
2. Except for banners, flags, pennants, temporary signs, and certain window signs, all signs must be constructed of permanent materials and be permanently attached to the ground, a building, or other structure by direct attachment to a rigid wall, frame, or structure.
3. All signs must be maintained in good structural condition, in compliance with all building and electrical codes, and in conformance with this code, at all times. Banners or flags with messages that have been torn, damaged, or destroyed are not considered to be in good structural condition.
4. All illuminated signs shall:
a. Have a shielded light source;
b. Not exceed a maximum light intensity of five thousand (5,000) nits (candelas per square meter) during daylight hours and a maximum light intensity of five hundred (500) nits between dusk to dawn as measured from the sign’s face at maximum brightness; and
c. Be equipped with:
i. An automatic dimmer control to produce the illumination change required by subsection (M)(4)(b) of this section; and
ii. A means to immediately turn off the display or lighting if the illuminated sign malfunctions.
N. Sign Area and Height. The following requirements apply when determining sign area and sign height:
1. Area of Individual Signs. The area of individual signs is determined using the method found in the definition “Sign, area of.”
2. Sign Height.
a. The height of a sign is determined as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade is the lower of:
i. The existing grade prior to construction; or
ii. The newly established grade after construction, exclusive of any fill, berm, mound, or excavation solely for locating the sign.
iii. When the normal grade cannot reasonably be determined, sign height must be computed by assuming the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the lot, whichever is lower.
b. For roof signs, sign height is measured from the normal grade of the building, not the roof.
O. Number, Dimensions, and Location of Signs.
1. Signs are allowed subject to the standards listed in Table 18.48-6.
Sign Type | All Residential | Institutional Uses Permitted in Residential Zones | Commercial | Industrial | Public/ Semi-Public |
|---|---|---|---|---|---|
TOTAL ALLOWED SIGN AREA PER BUSINESS—Applies to freestanding, projecting, suspended, roof, marquee and canopy signs, and flags with messages | 8(1) | 20(1) | 64(1) | 64(1) | 64(1) |
Maximum Sign Height | 5 | 10 | 20 | 12 | 12 |
STANDARDS FOR SIGNS THAT ARE NOT SUBJECT TO THE ALLOWED SIGN AREA TOTAL |
|
|
|
|
|
Banner | |||||
Maximum Sign Area (Square Feet) | 8 | 8 | 20 | 20 | 20 |
Number Permitted | |||||
Per Lot | 1 | 1 | – | – | – |
Per Feet of Street Frontage (Per Street) | – | – | 1/100 | 1/200 | 1/400 |
Building Marker | |||||
Maximum Sign Area (Square Feet) | 4 | 4 | 4 | 4 | 4 |
Number Permitted (Per Building) | 1 | 1 | 1 | 1 | 1 |
Identification | |||||
Number Permitted (Per Residence) | 3 | 3 | 3 (for residential uses) | ||
Portable | |||||
Maximum Sign Area (Square Feet) | 6 | 6 | 8 | 8 | 8 |
Number Permitted (Per Business) | 1 | 1 | 1 | 1 | 1 |
Roof, Integral | |||||
Number Permitted (Per Building) | NP | NP | 2 | 2 | 2 |
Wall | |||||
Maximum Sign Area (Square Feet) | 2 | 10 | – | – | – |
Maximum Wall Area (in Percent) | – | – | 10% | 5% | 5% |
ADDITIONAL STANDARDS | No illumination of signs in residential zones except address (per subsection (D)(11) of this section). | ||||
Note: Column labeled “Institutional Uses Permitted in Residential Zones” applies to institutional uses as defined in Section 18.144.040. Uses may include, but are not limited to, group homes, hospice care centers, nursing homes, assisted living facilities, day care facilities, religious assembly uses, funeral homes, and cemeteries.1 The percentage figure means the percentage of the area of the wall where the sign is located or where the sign is most nearly parallel.
(1) This number represents the total sign area allowed per business. This total is achieved through the addition of the area of every sign on a project site, except for those signs that are not subject to the sign area total.
2. Signs must be located to allow a clear view at every intersection between heights of three feet and ten (10) feet in a triangle formed by the corner and points on the curb thirty (30) feet from the intersection or entranceway.
P. Signs in the Public Right-of-Way. No signs will be allowed in the public right-of-way, except:
1. Permanent Signs. The following permanent signs may be allowed in the public right-of-way.
a. Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic;
b. Bus stop signs erected by a public transit company;
c. Informational signs of a public utility or franchisee regarding its poles, lines, pipes, or facilities; and
d. Awning, projecting, and suspended signs projecting over a public right-of-way meeting the requirements of Table 18.48-7. When these signs are suspended or project above a public right-of-way, the issuance and continuation of a sign permit will be conditioned on the sign owner obtaining and maintaining liability insurance of at least one million dollars ($1,000,000) per occurrence per sign.
2. Temporary Signs. A temporary sign may be placed in the right-of-way provided:
a. The sign meets the requirements of Tables 18.48-6 and 18.48-7; and
b. A portable sign in front of a business may be placed in a sidewalk’s furniture zone if it allows at least four feet in width of open sidewalk area.
3. Emergency Signs. Emergency warning signs may be allowed in the public right-of-way when they are erected by:
a. A government agency;
b. A public utility company; or
c. A contractor doing authorized or permitted work.
4. Manual for Uniform Traffic Control Devices. When applicable, signs in the right-of-way must comply with the MUTCD. No sign may be erected or maintained that interferes with autonomously operated vehicles.
5. Other Signs. Any sign installed or placed on public property, except in conformance with the requirements of this section, will be forfeited to the public and subject to confiscation. In addition to other remedies in subsection (L) of this section, the city will have the right to recover from the owner or person placing the sign the full costs of removal and disposal of the sign.
Minimum Clearance Required for Signs That Project over a Right-of-Way | |
|---|---|
Clearance required over a sidewalk | 9 feet |
Clearance required over a street | 12 feet |
Q. Signs Existing on the Effective Date. For any sign existing in the city after the adoption of this section, the sign will be considered an existing conforming or nonconforming sign.
1. Nonconforming Existing Signs. Signs will be considered a nonconforming sign when:
a. The sign was in existence on or before September 25, 2011, or on a later date when a property is annexed to the city; and
b. The sign was constructed in accordance with the ordinances and other applicable laws in effect on the date of its construction, but does not meet these requirements because of its size, height, location, design, or construction.
c. A nonconforming sign that existed on September 25, 2011, is allowed to remain in place until the sign is replaced or the cost of maintenance for the sign exceeds fifty percent (50%) of its value. The degree or extent of the nonconformity shall not be increased.
d. Any nonconforming sign will either be eliminated or made to conform to requirements of this section when any proposed change, repair, or maintenance would constitute an expense of more than fifty percent (50%) of the lesser of the original value or replacement value of the sign.
e. This section does not apply to changing information on the face of an existing nonconforming sign.
2. Conforming Existing Signs. A conforming sign that existed on September 25, 2011, and meets the requirements of this code is allowed to remain in place without a permit until the sign is replaced or the cost of maintenance for the sign exceeds fifty percent (50%) of its value. A permit is required once the maintenance of the sign exceeds this fifty percent (50%) threshold.
R. Variances.
1. Any person may apply to the designee for a variance from the requirements of this chapter. The sign variance shall be processed pursuant to Section 18.20.080 and shall also base the findings and conclusions on the following criteria:
a. The variance does not conflict with the purpose and intent of the sign regulations.
b. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon signage of other properties that have had to conform to the provisions of this chapter.
c. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that are not contemplated or provided for by this chapter.
d. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated.
e. Alternative signage concepts that comply with the provision to which the variance is requested have been evaluated, and an undue hardship would result if the strict adherence to the provision were required.
2. Conditions may be imposed upon the application as deemed necessary by the designee. No variance may be granted that would increase the number of signs allowed by this chapter or allow a type of sign that is prohibited by this section. The fee for an administrative variance is based on the adopted fee schedule.
S. Enforcement.
1. Sign Removal Required. A sign that was constructed, painted, installed, or maintained in conformance with a permit under this section will be required to be removed within thirty (30) days’ notice from the city when:
a. The permit has lapsed subject to subsection (K)(4) of this section.
b. The sign is no longer in good structural condition or in compliance with all building and electrical codes.
2. Lapse of Nonconforming Sign Status. Allowance of a nonconforming sign will lapse and become void under the same process as any other sign permit that may lapse and become void.
3. Violations. The following are violations of this section and subject to enforcement provisions of Section 18.12.130:
a. To install, create, erect, or maintain any sign:
i. Without a permit, if a permit is required; or
ii. In a way that is inconsistent with any permit governing the sign or lot where the sign is located.
b. To fail to remove any sign that:
i. Is installed, created, erected, or maintained in violation of this regulation; or
ii. Has a lapsed permit.
Each day of continued violation will be considered a separate violation for each sign installed, created, erected, or maintained when applying penalty portions of this regulation.
T. Construction.
1. Not Content Based. The city recognizes that content-based laws target speech based on its communicative content, they are presumptively unconstitutional and may be justified only if the government proves that they are narrowly tailored to serve compelling state interests. Except where a compelling state interest is involved such as the control of public safety matters, this section does not in any way deal with the content of signs other than as expressly stated.
2. Narrowly Construed. This section shall be narrowly construed so as to impose the least impingement on free speech and expression as is consistent with the exercise of the police power of the city.
3. No Criminal Activity Permitted. Nothing in this subsection shall be construed as permitting the public display of illegal pornography, the solicitation for the commission of crimes, or treason.
U. Signs of Historical Community Significance.
1. A sign may be designated by the city council as a sign of historical community significance if it meets the following criteria:
a. The sign was placed in a prominent location along Highway 507 before September 25, 2001, even if the sign was not physically sited at its location at that time; and
b. The sign was a landmark of the city of Rainier for citizens and passing motorists.
2. When a sign of historical community significance is reestablished after a period of absence, the sign shall be restored to its historic appearance, height, and width in order to be classified as historically significant. If the sign is altered, including but not limited to additional messaging that was not historically present, the sign shall not be considered historically significant. (Ord. 649 § 1, 2016: Ord. 616 § 2 (part), 2012; Ord. 598 § 1, 2011: Ord. 548 § 2 (Exh. C) (part), 2007)
(Reserved). (Ord. 548 § 2 (Exh. C) (part), 2007)
The repair, service, restoration, modification, assembly, disassembly, construction, reconstruction, or other work on a motor vehicle, recreational vehicle or a sporting vehicle on any residential premises in any zone that allows residential uses shall be subject to the following standards:
A. Work shall be limited to the noncommercial repair and maintenance of motor vehicles, recreational vehicles, sporting vehicles and vehicular equipment that is currently registered to a resident of the premises or a member of the residents’ family, which shall be limited to parents, grandparents, spouse, or children related by blood, marriage or adoption.
B. Such work is prohibited in multifamily residential complexes of three or more dwelling units on a parcel.
C. Such work shall be conducted on no more than one vehicle at any one time.
D. Assembly, disassembly or bodywork shall only be conducted within a fully enclosed garage, accessory building or by providing a six-foot solid fence or vegetative barrier. Minor service and repair work may be performed in an open accessory structure or in the driveway directly adjacent to the garage or carport. Such work shall not be performed in the public right-of-way nor shall vehicles be stored in the public right-of-way, even if the driveway is located in the public right-of-way.
E. Parts, equipment, debris, excess materials or other supplies needed for the repair of a vehicle on the premises shall be stored within a fully enclosed structure such as a garage or accessory building. No items shall be left outside overnight.
F. The performance of such work shall not create a nuisance to the neighbors.
G. Upon completion of any work allowed by this section, the property shall be cleaned of all debris, oil, grease, gasoline, cloths or rags, and all other equipment or material used in the work, and the property shall be left in such a condition that no hazard to persons or property shall remain. Storage and disposal of all hazardous materials shall be in accordance with state and local regulations.
H. Disposal of all waste products shall be in accordance with state and local regulations.
I. Painting of vehicles is prohibited. (Ord. 548 § 2 (Exh. C) (part), 2007)
A. Purpose. The purpose of this section is to regulate agricultural uses and animals, and to provide certain limitations for the placement of these uses. Minimum lot sizes, setbacks, and best management practices are used to reduce conflicts between land uses that may not be compatible and to protect environmentally sensitive areas.
B. General Standards. Agricultural uses and animals shall be subject to the following requirements:
1. Animals as a Principal Use. Animals shall be permitted subject to the following criteria:
a. Livestock. Livestock shall be permitted subject to this section and the following provisions:
i. A fence used to enclose pasture lands may be constructed on the property line.
ii. A fence constructed to permanently keep livestock out of buffers abutting streams, rivers, and wetlands shall be required pursuant to Division 5 of this title, Development Regulations—Critical Areas and Natural Resource Lands. Such fence shall be constructed before livestock is introduced to a site.
iii. Any barn, stable, riding arena, paddock, or similar enclosure shall be set back fifty (50) feet from any adjacent property line.
iv. Animals, specifically farm animals such as cows, sheep, goats, and other livestock, are permitted to be slaughtered in any zoning district (except public); provided, that if a firearm is to be used for dispatch of farm animals within the city limits, and prior to the use of a firearm, the appropriate police department shall be notified.
b. Small Animals. Small animals shall be permitted subject to the following provisions:
i. Any cage, coop or enclosure shall be set back fifty (50) feet from any adjacent property line except kennels or catteries which shall be set back seventy-five (75) feet from any adjacent property line.
c. Wild Animals and Reptiles. No person shall have, maintain, or possess any wolf, fox, chimpanzee, or other exotic, vicious, or poisonous animal or reptile except as set forth in Title 6, Animals.
C. Requirements. Agricultural uses and animals shall be permitted in all urban zoning classifications as an accessory use to a residential dwelling subject to the standards in this section. The following requirements apply to livestock and small animals kept in urban areas:
1. Livestock is not permitted on lots less than one acre.
2. On any lot from one acre to less than five acres in size, the number of livestock shall not exceed two such animals which are twelve (12) months or more of age.
3. No more than six poultry, peacocks, or rabbits and similar small animals in any combination are permitted on lots less than one acre.
4. On any lot from one acre to less than five acres in size, no more than twelve (12) poultry, peacocks, or rabbits and similar small animals in any combination are permitted per acre.
5. On any lot five acres or greater in size, there shall be no restriction on the number of animals kept subject to the other provisions in this section.
6. Any cage, barn, stable, coop or enclosure shall be set back forty-five (45) feet from any adjacent property line except kennels or catteries which shall be set back seventy-five (75) feet from any adjacent property line.
7. Dogs and Cats. Any combination of five dogs or cats that individually exceed seven months of age are permitted. Any combination of six or more dogs or cats that individually exceed seven months of age are permitted pursuant to Section 18.40.050, Agricultural use category.
D. Hobby Farms. Farm animals, agricultural activities, and associated structures may be established on any lot as a noncommercial use without an associated dwelling unit, provided:
1. The applicant completes a hobby farm agreement provided by the department. Each hobby farm agreement shall:
a. Define the type and intensity of all proposed agricultural activities.
b. Clarify that the use of the site is for private, noncommercial use.
c. Provide time frames for periodic departmental monitoring.
d. Be signed by the property owner and recorded as a title notice with the Thurston County auditor.
2. Hobby farms must comply with all other requirements of this section.
E. Farm Management Plans. The requirements in this section may be exceeded, provided the property owner completes and complies with a farm management plan. The plan must address, at a minimum, best management practices for the control of animal wastes, stormwater runoff, and erosion.
F. Also see Title 6, Animals. (Ord. 548 § 2 (Exh. C) (part), 2007)
Development Standards—Zoning
A. The classification system used in the comprehensive plan was established and mapped to implement the policies and intent of the comprehensive plan.
B. Zoning boundaries are depicted on the city’s official zoning map, which is hereby adopted by reference. The abbreviated zoning designations used in this division have the same meaning as the entire zoning district classification title as stated above.
C. Notwithstanding any provisions in this division to the contrary, the location of lot lines or setback lines at a development and construction related thereto shall be the responsibility of the applicant/owner. (Ord. 618 § 3 (part), 2013: Ord. 610 § 7 (part), 2012)
A. The location and boundaries of all zones or districts designated in this division are hereby established as shown on the map entitled, “City of Rainier Official Zoning Map,” as adopted herewith and as may be amended from time to time, and hereafter may be referred to as “the zoning map.” An original, signed copy of the zoning map containing the zoning districts designated at the time of adoption of the ordinance codified in this division shall be retained in the office of the city clerk pursuant to RCW 35.63.100, and duplicates shall be filed in the community development department for reference and public distribution. All amendments thereafter made to the zoning map shall be made by ordinance and shall be reflected on such map, and it shall be the responsibility of the community development department to ensure that an up-to-date map is maintained at all times.
B. Where questions arise concerning the location of a district boundary, the designee shall interpret the zone boundaries as a Process I land use action. (Ord. 618 § 3 (part), 2013: Ord. 610 § 7 (part), 2012)
A. Intent. The R-EN zone is characterized by neighborhoods that were platted as part of a subdivision completed within the last forty (40) years. These neighborhoods typically include single-family homes and are not anticipated to change significantly for the foreseeable future. As a result, the zone attempts to retain the characteristics of the current neighborhoods. Minimum lot sizes are established based on existing lot sizes within the neighborhood and single-family homes are intended to remain as a primary use, though accessory dwelling units are also allowed.
B. Physical Development. Standards applicable to physical development in the R-EN zone are provided on the following pages. Where a cross-reference is listed, see the referenced document, division, chapter or section for additional standards.
1. Setbacks (min.) | Section 18.48.040 |
Front: | average of adjacent properties |
Side: | 5' |
Rear: | 10' |
Garage/Carport: | 20' |
2. Impervious Surfaces |
|
Individual Water and Septic | 50% |
Public Water and Individual Septic | 50% |
Public Water and Sewer | 50% |
3. Landscaping | Section 18.48.100 |
4. Fencing | Section 18.48.040 |
Height in any front yard (max.) | 4' |
Height in any side yard (max.) | 6' |
Height in any rear yard (max.) | 6' |
5. Building Height | Section 18.48.040 |
Maximum | 35' |
6. Environmental Standards | |
SEPA Review | Div. 4 |
Critical Area Buffers | Div. 5 |
Wetlands | 25 – 300' |
CARAs | protect water source |
Frequently Flooded Areas | 50' |
Geologically Hazardous Areas | slope ht. |
Wildlife Habitat | varies |
7. Signs | Section 18.48.130 |
8. Grading, Erosion Control, Stormwater | |
Grading and Erosion Control | Chapter 12.08 |
Stormwater Mgmt. | Chapter 12.16 |
9. Required Physical Development Permits (reserved) | |
C. Allowed Uses and Use Standards. Standards applicable to use are provided in this subsection. Where a cross-reference is listed, see the referenced division, chapter, or section for additional standards. All standards in this division are applicable unless stated otherwise.
1. Allowed Uses | 2. Parking (Chapter 18.45) | ||
|---|---|---|---|
Use | Definition/ Standards | Permit | Minimum Required |
Residential Uses |
|
| |
Detached Single-Family Unit | 18.44.040(B) | Y | 2 per DU |
Institutional Uses |
|
| |
Assembly | 18.44.060(B) | C | Independent Calculation |
Amusement and Recreation |
|
| |
Outdoor Recreation | 18.44.080(C) | Y | Independent Calculation |
Developed Recreation | 18.44.080(D) | C | Independent Calculation |
Transportation and Infrastructure Uses |
|
| |
Utility Facility | 18.44.100(C) | C | 1 per employee + |
Wireless Telecommunications Facility | 18.44.100(E) | A/C | 1 per employee + |
Accessory Uses |
|
| |
Accessory Dwelling Unit | 18.44.110(B) | A | 1 per DU |
Bed and Breakfast | 18.44.110(C) | A | 0.75 per LU |
Home Occupation | 18.44.110(D) | A | n/a |
Home Business | 18.44.110(E) | C | 1 per employee |
Home Day Care | 18.44.110(G) | Y | 1 per employee |
Battery Charging Station | 18.44.110(H) | Y | n/a |
Temporary Uses |
|
| |
Yard Sale | 18.44.120(B) | Y | n/a |
Farm Stand | 18.44.120(D) | Y | 5 per 1,000 sf display area |
Temporary Real Estate Sales Office | 18.44.120(E) | A | 2 |
Temporary Shelter | 18.44.120(F) | A | 2 per DU |
Temporary Gravel Processing | 18.44.130(G) | A | 1 per employee |
Y = Use allowed without use permit A = Administrative Use Permit required | |||
3. Performance Standards | |
|---|---|
Outdoor Storage | (Section 18.46.020) |
Recreational Vehicles | allowed if standards are met |
Outdoor Storage Areas and Yards | Prohibited |
Shipping Containers and Compartments | Prohibited except during construction |
Refuse and Recycling | (Section 18.46.030) |
Trash and recycling enclosure required | > 4 DUs and all nonresidential |
Noise | (Section 18.46.040) |
Sound level at property line (max) | 75 dBA |
Vibration | (Section 18.46.050) |
Odors | (Section 18.46.060) |
Light and Glare | (Section 18.46.070) |
Radioactivity and Electrical Disturbances | (Section 18.46.080) |
D. Lot Standards.
1. Lot Size.
a. City Standard. Minimum lot size is based on the minimum lot size for the neighborhood, as identified on the city’s official zoning map.
i. Binghampton Estates: 0.25 acres.
ii. Raintree Loop: 0.25 acres.
iii. Trotter Downs: 0.25 acres.
iv. Volesky Drive: 0.25 acres.
v. Karen Court: 0.35 acres.
vi. Rainier Estates: 0.35 acres.
vii. Country Estates: 1.00 acre.
viii. Rainier Oaks: 1.00 acre.
b. Thurston County Standard. Notwithstanding the lot sizes listed in subsection (D)(1)(a) of this section, the city defers to the Thurston County Health Department to determine minimum lot size.
c. More Restrictive Lot Size Applies. Where a conflict between the city standard and the Thurston County standard exists, the more restrictive shall apply.
2. Residential Density. Density is calculated by dividing the number of units by the site area. The allowed density is generally based on the availability of sewers. Where sewer is not available, the city defers to the Thurston County Health Department to establish maximum densities.
a. Individual Water and Septic. 1 du/ac (max).
b. Public Water and Individual Septic. 2 to 3.48 dus/ac (max.).
c. Public Water and Sewer. Based on minimum lot size for neighborhood.
E. Development Options and Subdivision. (Reserved).
F. Additional Zone-Specific Standards. (Reserved). (Ord. 665 § 28 (part), 2017)
A. Intent. The R 6-8 zone is characterized by larger lots that are undeveloped or minimally developed. The area is intended to develop with primarily single-family homes, though uses such as duplexes, townhouses, and some small apartments may be appropriate, so long as the uses fall within the allowed density ranges. Where a development is sought to be constructed on septic systems, the development should be clustered to ensure that the future build out of the site meets minimum density requirements. Streets are meant to be well connected and dead-end roads are discouraged to promote a high degree of connectivity for pedestrians and vehicles.
B. Physical Development. Standards applicable to physical development in the R 6-8 zone are provided on the following pages. Where a cross-reference is listed, see the referenced document, division, chapter or section for additional standards.
1. Setbacks (min.) | Section 18.48.040 |
Front: | 10' |
Side: | 5' |
Rear: | 10' |
Garage/Carport: | 20' |
2. Impervious Surfaces | |
Individual Water and Septic | 50% |
Public Water and Individual Septic | 50% |
Public Water and Sewer | 50% |
3. Landscaping | Section 18.48.100 |
4. Fencing | Section 18.48.040 |
Height in any front yard (max.) | 4' |
Height in any side yard (max.) | 6' |
Height in any rear yard (max.) | 6' |
5. Building Height | Section 18.48.040 |
Maximum | 35' |
6. Environmental Standards | |
SEPA Review | Div. 4 |
Critical Area Buffers | Div. 5 |
Wetlands | 25 – 300' |
CARAs | protect water source |
Frequently Flooded Areas | 50' |
Geologically Hazardous Areas | slope ht. |
Wildlife Habitat | varies |
7. Signs | Section 18.48.130 |
8. Grading, Erosion Control, Stormwater | |
Grading and Erosion Control | Chapter 12.08 |
Stormwater Mgmt. | Chapter 12.16 |
9. Required Physical Development Permits (reserved) | |
C. Allowed Uses and Use Standards. Standards applicable to use are provided in this subsection. Where a cross-reference is listed, see the referenced division or section for additional standards. All standards in Division 3 are applicable unless stated otherwise.
1. Allowed Uses | 2. Parking (Chapter 18.45) | ||
|---|---|---|---|
Use | Definition/ | Permit | Minimum Required |
Residential Uses |
|
| |
Detached Single-Family Unit | 18.44.040(B) | Y | 2 per DU |
Attached Single-Family Unit | 18.44.040(C) | Y | 1.5 per DU |
Apartment | 18.44.040(D) | Y | 1.5 per DU |
Group Home | 18.44.040(E) | C | 0.5 per bed |
Institutional Uses |
|
| |
Assembly | 18.44.060(B) | C | Independent Calculation |
Day Care Center | 18.44.060(C) | C | 0.5 per employee |
School | 18.44.060(D) | C | Independent Calculation |
Emergency Services | 18.44.060(E) | C | Independent Calculation |
Amusement and Recreation |
|
| |
Outdoor Recreation | 18.44.080(C) | Y | Independent Calculation |
Developed Recreation | 18.44.080(D) | C | Independent Calculation |
Transportation and Infrastructure Uses |
|
| |
Parking | 18.44.100(B) | C | n/a |
Utility Facility | 18.44.100(C) | C | 1 per employee |
Wireless Telecommunications Facility | 18.44.100(E) | A/C | 1 per employee |
Accessory Uses |
|
| |
Accessory Dwelling Unit | 18.44.110(B) | A | 1 per DU |
Bed and Breakfast | 18.44.110(C) | A | 0.75 per LU |
Home Occupation | 18.44.110(D) | A | n/a |
Home Business | 18.44.110(E) | C | 1 per employee |
Home Day Care | 18.44.110(G) | Y | 1 per employee |
Battery Charging Station | 18.44.110(H) | Y | n/a |
Temporary Uses |
|
| |
Yard Sale | 18.44.120(B) | Y | n/a |
Farm Stand | 18.44.120(D) | Y | 5 per 1,000 sf display area |
Temporary Real Estate Sales Office | 18.44.120(E) | A | 2 |
Temporary Shelter | 18.44.120(F) | A | 2 per DU |
Temporary Gravel Processing | 18.44.130(G) | A | 1 per employee |
Y = Use allowed without use permit A = Administrative Use Permit required | |||
3. Performance Standards | |
|---|---|
Outdoor Storage | (Section 18.46.020) |
Recreational Vehicles | allowed if standards are met |
Outdoor Storage Areas and Yards | Prohibited |
Shipping Containers and Compartments | Prohibited except during construction |
Refuse and Recycling | (Section 18.46.030) |
Trash and recycling enclosure required | > 4 DUs and all nonresidential |
Noise | (Section 18.46.040) |
Sound level at property line (max.) | 75 dBA |
Vibration | (Section 18.46.050) |
Odors | (Section 18.46.060) |
Light and Glare | (Section 18.46.070) |
Radioactivity and Electrical Disturbances | (Section 18.46.080) |
D. Lot Standards.
1. Lot Size.
a. City Standard. No minimum lot size has been established.
b. Thurston County Standard. The city defers to the Thurston County Health Department to determine minimum lot size.
2. Residential Density. Density is calculated by dividing the number of units by the site area. The allowed density is generally based on the availability of sewers. Where sewer is not available, the city defers to the Thurston County Health Department to establish maximum densities.
a. Individual Water and Septic. 1 du/ac (max.).
b. Public Water and Individual Septic. 2 to 3.48 dus/ac (max.).
c. Public Water and Sewer. 6 (min.) to 8 (max.) dus/ac.
E. Development Options and Subdivision. (Reserved).
F. Additional Zone-Specific Standards. (Reserved). (Ord. 665 § 28 (part), 2017)
A. Intent. The R 8-25 zone includes neighborhoods in or near downtown Rainier that are composed primarily of single-family homes on lots that range from 3,500 square feet to over an acre in size. These lots are primarily associated with historic plats in the city of Rainier, such as the Plat of Rainier and Moore’s Addition, though some land not included in these plats is also included in the zone.
The R 8-25 zone is intended to promote higher densities of housing near the center of Rainier to encourage a highly walkable downtown. A variety of residential units are allowed, so long as the units meet the minimum density requirements for the area. Where development is sought to be constructed on septic systems, the development must be clustered to ensure that future build-out of a property meets required minimum densities.
B. Physical Development. Standards applicable to physical development in the R 8-25 zone are provided on the following pages. Where a cross-reference is listed, see the referenced document, division, chapter or section for additional standards.
1. Setbacks (min.) | Section 18.48.040 |
Front: | 10' |
Side: | 5' |
Rear: | 10' |
Garage/Carport: | 20' |
2. Impervious Surfaces | |
Individual Water and Septic | 50% |
Public Water and Individual Septic | 50% |
Public Water and Sewer | 50% |
3. Landscaping | Section 18.48.100 |
4. Fencing | Section 18.48.040 |
Height in any front yard (max.) | 4' |
Height in any side yard (max.) | 6' |
Height in any rear yard (max.) | 6' |
5. Building Height | Section 18.48.040 |
Maximum | 35' |
6. Environmental Standards | |
SEPA Review | Div. 4 |
Critical Area Buffers | Div. 5 |
Wetlands | 25 – 300' |
CARAs | protect water source |
Frequently Flooded Areas | 50' |
Geologically Hazardous Areas | slope ht. |
Wildlife Habitat | varies |
7. Signs | Section 18.48.130 |
8. Grading, Erosion Control, Stormwater | |
Grading and Erosion Control | Chapter 12.08 |
Stormwater Mgmt. | Chapter 12.16 |
9. Required Physical Development Permits (reserved) | |
C. Allowed Uses and Use Standards. Standards applicable to use are provided in this subsection. Where a cross-reference is listed, see the referenced division or section for additional standards. All standards in this division are applicable unless stated otherwise.
1. Allowed Uses | 2. Parking (Chapter 18.45) | ||
|---|---|---|---|
Use | Definition/Standards | Permit | Minimum Required |
Residential Uses |
|
| |
Detached Single-Family Unit | 18.44.040(B) | Y | 2 per DU |
Attached Single-Family Unit | 18.44.040(C) | Y | 1.5 per DU |
Apartment | 18.44.040(D) | Y | 1.5 per DU |
Group Home | 18.44.040(E) | A | 0.5 per bed |
Institutional Uses |
|
| |
Assembly | 18.44.060(B) | C | Independent Calculation |
Day Care Center | 18.44.060(C) | C | 0.5 per employee |
School | 18.44.060(D) | C | Independent Calculation |
Emergency Services | 18.44.060(E) | C | Independent Calculation |
Amusement and Recreation |
|
| |
Outdoor Recreation | 18.44.080(C) | Y | Independent Calculation |
Developed Recreation | 18.44.080(D) | C | Independent Calculation |
Transportation and Infrastructure Uses |
|
| |
Parking | 18.44.100(B) | C | n/a |
Utility Facility | 18.44.100(C) | C | 1 per employee |
Wireless Telecommunications Facility | 18.44.100(E) | A/C | 1 per employee |
Accessory Uses |
|
| |
Accessory Dwelling Unit | 18.44.110(B) | A | 1 per DU |
Bed and Breakfast | 18.44.110(C) | A | 0.75 per LU |
Home Occupation | 18.44.110(D) | A | n/a |
Home Business | 18.44.110(E) | C | 1 per employee |
Home Day Care | 18.44.110(G) | Y | 1 per employee |
Battery Charging Station | 18.44.110(H) | Y | n/a |
Temporary Uses |
|
| |
Yard Sale | 18.44.120(B) | Y | n/a |
Farm Stand | 18.44.120(D) | Y | 5 per 1,000 sf display area |
Temporary Real Estate Sales Office | 18.44.120(E) | A | 2 |
Temporary Shelter | 18.44.120(F) | A | 2 per DU |
Temporary Gravel Processing | 18.44.130(G) | A | 1 per employee |
Y = Use allowed without use permit A = Administrative Use Permit required | |||
3. Performance Standards | |
|---|---|
Outdoor Storage | (Section 18.46.020) |
Recreational Vehicles | allowed if standards are met |
Outdoor Storage Areas and Yards | Prohibited |
Shipping Containers and Compartments | Prohibited except during construction |
Refuse and Recycling | (Section 18.46.030) |
Trash and recycling enclosure required | > 4 DUs and all nonresidential |
Noise | (Section 18.46.040) |
Sound level at property line (max.) | 75 dBA |
Vibration | (Section 18.46.050) |
Odors | (Section 18.46.060) |
Light and Glare | (Section 18.46.070) |
Radioactivity and Electrical Disturbances | (Section 18.46.080) |
D. Lot Standards.
1. Lot Size.
a. City Standard. No minimum lot size has been established.
b. Thurston County Standard. The city defers to the Thurston County Health Department to determine minimum lot size.
2. Residential Density. Density is calculated by dividing the number of units by the site area. The allowed density is generally based on the availability of sewers. Where sewer is not available, the city defers to the Thurston County Health Department to establish maximum densities.
a. Individual Water and Septic. 1 (max.) du/ac.
b. Public Water and Individual Septic. 2 to 3.48 (max.) du/ac.
c. Public Water and Sewer. 8 (min.) to 25 (max.) du/ac.
E. Development Options and Subdivision. (Reserved).
F. Additional Zone-Specific Standards. (Reserved). (Ord. 665 § 28 (part), 2017)
A. Intent. The CC zone is situated in the center of Rainier, and is meant to function as the community’s pedestrian-oriented downtown. Development is meant to promote the walkable nature of this area and include buildings set at or near the front property line with uses that generate pedestrian traffic typically located on the ground floor of buildings. Residential uses are encouraged in the CC zone.
B. Physical Development. Standards applicable to physical development in the CC zone are provided in this section. Where a cross-reference is listed, see the referenced document, division, chapter or section for additional standards.
1. Setbacks (min.) | Section 18.48.040 |
Front: | 0' |
Side: | 0' |
Rear: | 0' |
Garage/Carport: | 20' |
2. Impervious Surfaces | |
Individual Water and Septic | 50% |
Public Water and Individual Septic | 100% |
Public Water and Sewer | 100% |
3. Landscaping | Section 18.48.100 |
4. Fencing | Section 18.48.040 |
Height in any front yard (max.) | 4' |
Height in any side yard (max.) | 6' |
Height in any rear yard (max.) | 6' |
5. Building Height | Section 18.48.040 |
Maximum | 40' |
6. Environmental Standards | |
SEPA Review | Div. 4 |
Critical Area Buffers | Div. 5 |
Wetlands | 25 – 300' |
CARAs | protect water source |
Frequently Flooded Areas | 50' |
Geologically Hazardous Areas | slope ht. |
Wildlife Habitat | varies |
7. Signs | Section 18.48.130 |
8. Grading, Erosion Control, Stormwater | |
Grading and Erosion Control | Chapter 12.08 |
Stormwater Mgmt. | Chapter 12.16 |
9. Required Physical Development Permits (reserved) | |
C. Allowed Uses and Use Standards. Standards applicable to use are provided in this subsection. Where a cross-reference is listed, see the referenced division or section for additional standards. All standards in this division are applicable unless stated otherwise.
1. Allowed Uses | 2. Parking (Chapter 18.45) | ||
|---|---|---|---|
Use | Definition/ | Permit | Minimum Required |
Residential Uses |
|
| |
Attached Single-Family Unit | 18.44.040(C) | A | 1.5 per DU |
Apartment | 18.44.040(D) | A | 1.5 per DU |
Group Home | 18.44.040(E) | A | 0.5 per bed |
Lodging Uses |
|
| |
Conventional Lodging | 18.44.050(B) | Y | 0.6 per LU |
Institutional Uses |
|
| |
Assembly | 18.44.060(B) | C | Independent Calculation |
Day Care Center | 18.44.060(C) | C | 0.5 per employee |
School | 18.44.060(D) | C | Independent Calculation |
Emergency Services | 18.44.060(E) | C | Independent Calculation |
Commercial Uses |
|
| |
Office | 18.44.070(B) | Y | 1.5 per 1,000 sf |
Retail | 18.44.070(C) | Y | 3 per 1,000 sf |
Service | 18.44.070(D) | Y | 2 per 1,000 sf |
Restaurant/Bar | 18.44.070(E) | A | 5 per 1,000 sf |
Mobile Food Vendor | 18.44.070(F) | Y | Independent Calculation |
Heavy Retail/Service | 18.44.070(G) | C | 2 per 1,000 sf |
Battery Exchange Station | 18.44.070(J) | C | Independent Calculation |
Amusement and Recreation |
|
| |
Amusement | 18.44.080(B) | A | 3 per 1,000 sf |
Outdoor Recreation | 18.44.080(C) | Y | Independent Calculation |
Developed Recreation | 18.44.080(D) | A | Independent Calculation |
Industrial Uses |
|
| |
Craft Food Production | 18.44.090(B) | A | Independent Calculation |
Light Industry | 18.44.090(C) | C | 0.5 per employee |
Transportation and Infrastructure Uses |
|
| |
Parking | 18.44.100(B) | C | n/a |
Utility Facility | 18.44.100(C) | C | 1 per employee |
Wireless Telecommunications Facility | 18.44.100(E) | A/C | 1 per employee |
Accessory Uses |
|
| |
Accessory Dwelling Unit | 18.44.110(B) | A | 1 per DU |
Bed and Breakfast | 18.44.110(C) | Y | 0.75 per LU |
Home Occupation | 18.44.110(D) | A | n/a |
Home Business | 18.44.110(E) | C | 1 per employee |
Drive-Up Facility | 18.44.110(F) | C | n/a |
Home Day Care | 18.44.110(G) | Y | 1 per employee |
Battery Charging Station | 18.44.110(H) | Y | n/a |
Temporary Uses |
|
| |
Yard Sale | 18.44.120(B) | Y | n/a |
Christmas Tree Sales | 18.44.120(C) | Y | 1 per 1,000 sf outdoor display area |
Farm Stand | 18.44.120(D) | Y | 5 per 1,000 sf display area |
Temporary Real Estate Sales Office | 18.44.120(E) | A | 2 |
Temporary Shelter | 18.44.120(F) | A | 2 per DU |
Temporary Gravel Processing | 18.44.130(G) | A | 1 per employee |
Y = Use allowed without use permit A = Administrative Use Permit required | |||
3. Performance Standards | |
|---|---|
Outdoor Storage | (Section 18.46.020) |
Recreational Vehicles | allowed if standards are met |
Outdoor Storage Areas and Yards | allowed if standards are met |
Shipping Containers and Compartments | Prohibited except during construction |
Refuse and Recycling | (Section 18.46.030) |
Trash and recycling enclosure required | > 4 DUs and all nonresidential |
Noise | (Section 18.46.040) |
Sound level at property line (max.) | 75 dBA |
Vibration | (Section 18.46.050) |
Odors | (Section 18.46.060) |
Light and Glare | (Section 18.46.070) |
Radioactivity and Electrical Disturbances | (Section 18.46.080) |
D. Lot Standards.
1. Lot Size.
a. City Standard. No minimum lot size has been established.
b. Thurston County Standard. The city defers to the Thurston County Health Department to determine minimum lot size.
2. Circle Diameter. Forty-five (45) feet.
3. Residential Density. Density is calculated by dividing the number of units by the site area. The allowed density is generally based on the availability of sewers. Where sewer is not available, the city defers to the Thurston County Health Department to establish maximum densities.
a. Individual Water and Septic. One (max.) du/ac.
b. Public Water and Individual Septic. Two to 3.48 (max.) dus/ac.
c. Public Water and Sewer. Fourteen (14) (max.) dus/ac.
4. Commercial and Industrial Density. Density is based on a unit volume of sewage for commercial or industrial use. The allowed density is generally based on the availability of sewers. Where sewer is not available, the city defers to the Thurston County Health Department to establish maximum densities.
E. Development Options and Subdivision. (Reserved).
F. Additional Zone-Specific Standards.
1. Residential Uses. Residential uses may only be allowed as part of a mixed-use development.
2. Restaurants and Bars. Restaurants and bars that exclusively serve persons twenty-one (21) years or older must be at located least two hundred (200) feet from elementary and secondary education facilities.
a. Distance shall be measured along a sidewalk or public right-of-way.
b. For the purposes of this regulation, “elementary and secondary education facilities” shall mean buildings housing such uses as well as school playgrounds and playfields.
3. Craft Food Production. Craft food production establishments that exclusively serve persons twenty-one (21) years or older must be at least two hundred (200) feet away from all elementary and secondary education facilities.
a. Distance shall be measured along a sidewalk or public right-of-way.
b. For the purposes of this regulation, “elementary and secondary education facilities” shall mean buildings housing such uses as well as school playgrounds and playfields.
4. On-Street Parking. Required parking may be provided on street provided the following standards are met:
a. An on-street parking space shall have the following length of uninterrupted curb adjoining to the lot of record of the proposed use:
Uninterrupted Curb Per On-Street Parking Space | |
|---|---|
Parking Space Angle | Uninterrupted Curb |
Parallel | 22' |
45˚/60˚ | 20' |
90˚ | 9' |
b. On-street parking shall not be provided along a yellow curb or other no parking areas put in place by the city or WSDOT.
c. The on-street parking shall follow the established configuration of existing on-street parking.
d. On-street parking spaces shall be available for use by the public at all times. Signs or actions limiting public use of on-street spaces are prohibited. (Ord. 665 § 29 (part), 2017)
A. Intent. The SC zone contains parcels that are located along major roadways in Rainier that have less of an opportunity to construct large commercial centers than the highway commercial designation. The zone is meant to allow commercial development or residential development on these parcels and allow landowners some degree of flexibility in the use of their land.
B. Physical Development. Standards applicable to physical development in the SC zone are provided in this section. Where a cross-reference is listed, see the referenced document, division, chapter or section for additional standards.
1. Setbacks (min.) | Section 18.48.040 |
Front: | 0' |
Side: | 0' |
Rear: | 0' |
Garage/Carport: | 0' |
2. Impervious Surfaces | |
Individual Water and Septic | 50% |
Public Water and Individual Septic | 100% |
Public Water and Sewer | 100% |
3. Landscaping | Section 18.48.100 |
4. Fencing | Section 18.48.040 |
Height in any front yard (max.) | 4' |
Height in any side yard (max.) | 6' |
Height in any rear yard (max.) | 6' |
5. Building Height | Section 18.48.040 |
Maximum | 40' |
6. Environmental Standards | |
SEPA Review | Div. 4 |
Critical Area Buffers | Div. 5 |
Wetlands | 25' – 300' |
CARAs | protect water source |
Frequently Flooded Areas | 50' |
Geologically Hazardous Areas | slope ht. |
Wildlife Habitat | varies |
7. Signs | Section 18.48.130 |
8. Grading, Erosion Control, Stormwater | |
Grading and Erosion Control | Chapter 12.08 |
Stormwater Mgmt. | Chapter 12.16 |
9. Required Physical Development Permits (reserved) | |
C. Allowed Uses and Use Standards. Standards applicable to use are provided in this subsection. Where a cross-reference is listed, see the referenced division or section for additional standards. All standards in this division are applicable unless stated otherwise.
1. Allowed Uses | 2. Parking (Chapter 18.45) | ||
|---|---|---|---|
Use | Definition/ | Permit | Minimum Required |
Residential Uses |
|
| |
Detached Single-Family Unit | Y* | 2 per DU | |
Attached Single-Family Unit | A | 1.5 per DU | |
Apartment | A | 1.5 per DU | |
Group Home | A | 0.5 per bed | |
Lodging Uses |
|
| |
Conventional Lodging | 18.44.050(B) | Y | 0.6 per LU |
Institutional Uses |
|
| |
Assembly | 18.44.060(B) | A | Independent Calculation |
Day Care Center | 18.44.060(C) | Y | 0.5 per employee |
School | 18.44.060(D) | C | Independent Calculation |
Emergency Services | 18.44.060(E) | A | Independent Calculation |
Commercial Uses |
|
| |
Office | 18.44.070(B) | Y | 1.5 per 1,000 sf |
Retail | 18.44.070(C) | Y | 3 per 1,000 sf |
Service | 18.44.070(D) | Y | 2 per 1,000 sf |
Restaurant/Bar | A | 5 per 1,000 sf | |
Mobile Food Vendor | 18.44.070(F) | Y |
|
Heavy Retail/Service | A | 2 per 1,000 sf | |
Storage | 18.44.070(H) | A | Independent Calculation |
Nursery | 18.44.070(I) | Y | 2 per 1,000 sf |
Battery Exchange Station | 18.44.070(J) | Y | Independent Calculation |
Amusement and Recreation |
|
| |
Amusement | 18.44.080(B) | A | 3 per 1,000 sf |
Outdoor Recreation | 18.44.080(C) | Y | Independent Calculation |
Developed Recreation | 18.44.080(D) | A | Independent Calculation |
Industrial Uses |
|
| |
Craft Food Production | A | Independent Calculation | |
Light Industry | 18.44.090(C) | C | 0.5 per employee |
Transportation and Infrastructure Uses |
|
| |
Parking | 18.44.100(B) | C | n/a |
Utility Facility | 18.44.100(C) | C | 1 per employee |
Wireless Telecommunications Facility | 18.44.100(E) | A/C | 1 per employee |
Accessory Uses |
|
| |
Accessory Dwelling Unit | 18.44.110(B) | A | 1 per DU |
Bed and Breakfast | 18.44.110(C) | Y | 0.75 per LU |
Home Occupation | 18.44.110(D) | A | n/a |
Home Business | 18.44.110(E) | C | 1 per employee |
Drive-Up Facility | 18.44.110(F) | A | n/a |
Home Day Care | 18.44.110(G) | Y | 1 per employee |
Battery Charging Station | 18.44.110(H) | Y | n/a |
Temporary Uses |
|
| |
Yard Sale | 18.44.120(B) | Y | n/a |
Christmas Tree Sales | 18.44.120(C) | Y | 1 per 1,000 sf outdoor display area |
Farm Stand | 18.44.120(D) | Y | 5 per 1,000 sf display area |
Temporary Real Estate Sales Office | 18.44.120(E) | A | 2 |
Temporary Shelter | 18.44.120(F) | A | 2 per DU |
Temporary Gravel Processing | 18.44.120(G) | A | 1 per employee |
Y = Use allowed without use permit A = Administrative Use Permit required | |||
3. Performance Standards | |
|---|---|
Outdoor Storage | (Section 18.46.020) |
Recreational Vehicles | allowed if standards are met |
Outdoor Storage Areas and Yards | allowed if standards are met |
Shipping Containers and Compartments | prohibited except during construction |
Refuse and Recycling | (Section 18.46.030) |
Trash and recycling enclosure required | > 4 DUs and all nonresidential |
Noise | (Section 18.46.040) |
Sound level at property line (max.) | 75 dBA |
Vibration | (Section 18.46.050) |
Odors | (Section 18.46.060) |
Light and Glare | (Section 18.46.070) |
Radioactivity and Electrical Disturbances | (Section 18.46.080) |
D. Lot Standards.
1. Lot Size.
a. City Standard. No minimum lot size has been established.
b. Thurston County Standard. The city defers to the Thurston County health department to determine minimum lot size.
2. Circle Diameter. Twenty-four (24) feet.
3. Residential Density. Density is calculated by dividing the number of units by the site area. The allowed density is generally based on the availability of sewers. Where sewer is not available, the city defers to the Thurston County health department to establish maximum densities.
a. Individual Water and Septic. One (max.) du/ac.
b. Public Water and Individual Septic. Two to 3.48 (max.) dus/ac.
c. Public Water and Sewer. Ten (10) (max.) dus/ac.
4. Commercial and Industrial Density. Density is based on a unit volume of sewage for commercial or industrial use. The allowed density is generally based on the availability of sewers. Where sewer is not available, the city defers to the Thurston County health department to establish maximum densities.
E. Development Options and Subdivision. (Reserved).
F. Additional Zone-Specific Standards.
1. Residential Uses. Residential uses may only be allowed as part of a mixed-use development.
2. Conventional Lodging. Conventional lodging may only be allowed as part of a mixed-use development.
3. Restaurants and Bars. Restaurants and bars that exclusively serve persons twenty-one (21) years or older must be at located least two hundred (200) feet from elementary and secondary education facilities.
a. Distance shall be measured along a sidewalk or public right-of-way.
b. For the purposes of this regulation, “elementary and secondary education facilities” shall mean buildings housing such uses as well as school playgrounds and playfields.
4. Craft Food Production. Craft food production establishments that exclusively serve persons twenty-one (21) years or older must be at least two hundred (200) feet away from all elementary and secondary education facilities.
a. Distance shall be measured along a sidewalk or public right-of-way.
b. For the purposes of this regulation, “elementary and secondary education facilities” shall mean buildings housing such uses as well as school playgrounds and playfields.
5. Heavy Retail/Sales. Heavy retail and sales uses must take access from an arterial road, as identified in the comprehensive plan.
6. On-Street Parking. Required parking may be provided on street provided the following standards are met:
a. An on-street parking space shall have the following length of uninterrupted curb adjoining to the lot of record of the proposed use:
Uninterrupted Curb per On-Street Parking Space | |
Parking Space Angle | Uninterrupted Curb |
Parallel | 22' |
45˚/60˚ | 20' |
90˚ | 9' |
b. On-street parking shall not be provided along a yellow curb or other no-parking areas put in place by the city or WSDOT.
c. The on-street parking shall follow the established configuration of existing on-street parking.
d. On-street parking spaces shall be available for use by the public at all times. Signs or actions limiting public use of on-street spaces are prohibited. (Ord 689 § 1, 2020; Ord. 665 § 29 (part), 2017)
A. Intent. The HC zone is situated in large areas of continuous ownership along Highway 507 that provide the opportunity to construct commercial centers to provide goods and services for the residents of Rainier. Developments within these areas will typically include some type of anchor retailer or institution, such as a grocery store, and include a number of complementary shops that are primarily accessed by the automobile.
B. Physical Development. Standards applicable to physical development in the HC zone are provided in this section. Where a cross-reference is listed, see the referenced document, division, chapter or section for additional standards.
1. Setbacks (min.) | Section 18.48.040 |
Front: | 0' |
Side: | 0' |
Rear: | 0' |
Garage/Carport: | 0' |
2. Impervious Surfaces | |
Individual Water and Septic | 50% |
Public Water and Individual Septic | 100% |
Public Water and Sewer | 100% |
3. Landscaping | Section 18.48.100 |
4. Fencing | Section 18.48.040 |
Height in any front yard (max.) | 4' |
Height in any side yard (max.) | 6' |
Height in any rear yard (max.) | 6' |
5. Building Height | Section 18.48.040 |
Maximum | 40' |
6. Environmental Standards | |
SEPA Review | Div. 4 |
Critical Area Buffers | Div. 5 |
Wetlands | 25 – 300' |
CARAs | protect water source |
Frequently Flooded Areas | 50' |
Geologically Hazardous Areas | slope ht. |
Wildlife Habitat | varies |
7. Signs | Section 18.48.130 |
8. Grading, Erosion Control, Stormwater | |
Grading and Erosion Control | Chapter 12.08 |
Stormwater Mgmt. | Chapter 12.16 |
9. Required Physical Development Permits (reserved) | |
C. Allowed Uses and Use Standards. Standards applicable to use are provided in this subsection. Where a cross-reference is listed, see the referenced division or section for additional standards. All standards in this division are applicable unless stated otherwise.
1. Allowed Uses | 2. Parking (Chapter 18.45) | ||
|---|---|---|---|
Use | Definition/ | Permit | Minimum Required |
Residential Uses |
|
| |
Attached Single-Family Unit | A | 1.5 per DU | |
Apartment | A | 1.5 per DU | |
Group Home | A | 0.5 per bed | |
Lodging Uses |
|
| |
Conventional Lodging | 18.44.050(B) | Y | 0.6 per LU |
Institutional Uses |
|
| |
Assembly | 18.44.060(B) | C | Independent Calculation |
Day Care Center | 18.44.060(C) | Y | 0.5 per employee |
School | 18.44.060(D) | C | Independent Calculation |
Emergency Services | 18.44.060(E) | A | Independent Calculation |
Commercial Uses |
|
| |
Office | 18.44.070(B) | Y | 1.5 per 1,000 sf |
Retail | 18.44.070(C) | Y | 3 per 1,000 sf |
Service | 18.44.070(D) | Y | 2 per 1,000 sf |
Restaurant/Bar | 18.44.070(E) | Y | 5 per 1,000 sf |
Mobile Food Vendor | 18.44.070(F) | Y | Independent Calculation |
Heavy Retail/Service | 18.44.070(G) | Y | 2 per 1,000 sf + 3 per repair bay + 1 per wash bay |
Nursery | 18.44.070(I) | Y | 2 per 1,000 sf + 1 per 4,000 sf outdoor display area + 1 per employee |
Battery Exchange Station | 18.44.070(J) | Y | Independent Calculation |
Amusement and Recreation |
|
| |
Amusement | 18.44.080(B) | A | 3 per 1,000 sf |
Outdoor Recreation | 18.44.080(C) | Y | Independent Calculation |
Developed Recreation | 18.44.080(D) | A | Independent Calculation |
Industrial Uses |
|
| |
Craft Food Production | 18.44.090(B) | A | Independent Calculation |
Light Industry | 18.44.090(C) | A | 0.5 per employee + 1 per company vehicle |
Transportation and Infrastructure Uses |
|
| |
Parking | 18.44.100(B) | C | n/a |
Utility Facility | 18.44.100(C) | C | 1 per employee + 1 per stored vehicle |
Wireless Telecommunications Facility | 18.44.100(E) | A/C | 1 per employee + 1 per stored vehicle |
Accessory Uses |
| ||
Accessory Dwelling Unit | 18.44.110(B) | A | 1 per DU |
Bed and Breakfast | 18.44.110(C) | Y | 0.75 per LU |
Home Occupation | 18.44.110(D) | A | n/a |
Home Business | 18.44.110(E) | C | 1 per employee |
Drive-Up Facility | 18.44.110(F) | A | n/a |
Home Day Care | 18.44.110(G) | Y | 1 per employee |
Battery Charging Station | 18.44.110(H) | Y | n/a |
Temporary Uses |
|
| |
Yard Sale | 18.44.120(B) | Y | n/a |
Farm Stand | 18.44.120(D) | Y | 5 per 1,000 sf display area |
Temporary Real Estate Sales Office | 18.44.120(E) | A | 2 |
Temporary Shelter | 18.44.120(F) | A | 2 per DU |
Temporary Gravel Processing | 18.44.130(G) | A | 1 per employee |
Y = Use allowed without use permit A = Administrative Use Permit required | |||
3. Performance Standards | |
|---|---|
Outdoor Storage | (Section 18.46.020) |
Recreational Vehicles | allowed if standards are met |
Outdoor Storage Areas and Yards | allowed if standards are met |
Shipping Containers and Compartments | Prohibited except during construction |
Refuse and Recycling | (Section 18.46.030) |
Trash and recycling enclosure required | > 4 DUs and all nonresidential |
Noise | (Section 18.46.040) |
Sound level at property line (max.) | 75 dBA |
Vibration | (Section 18.46.050) |
Odors | (Section 18.46.060) |
Light and Glare | (Section 18.46.070) |
Radioactivity and Electrical Disturbances | (Section 18.46.080) |
D. Lot Standards.
1. Lot Size.
a. City Standard. No minimum lot size has been established.
b. Thurston County Standard. The city defers to the Thurston County health department to determine minimum lot size.
2. Circle Diameter. Forty (40) feet.
3. Residential Density. Density is calculated by dividing the number of units by the site area. The allowed density is generally based on the availability of sewers. Where sewer is not available, the city defers to the Thurston County health department to establish maximum densities.
a. Individual Water and Septic. One (max.) du/ac.
b. Public Water and Individual Septic. Two to 3.48 (max.) dus/ac.
c. Public Water and Sewer. Fourteen (14) (max.) dus/ac.
4. Commercial and Industrial Density. Density is based on a unit volume of sewage for commercial or industrial use. The allowed density is generally based on the availability of sewers. Where sewer is not available, the city defers to the Thurston County health department to establish maximum densities.
E. Development Options and Subdivision. (Reserved).
F. Additional Zone-Specific Standards.
1. Residential Uses. Residential uses may only be allowed as part of a mixed-use development.
2. On-Street Parking. Required parking may be provided on street provided the following standards are met:
a. An on-street parking space shall have the following length of uninterrupted curb adjoining to the lot of record of the proposed use:
Uninterrupted Curb Per On-Street Parking Space | |
|---|---|
Parking Space Angle | Uninterrupted Curb |
Parallel | 22' |
45˚/60˚ | 20' |
90˚ | 9' |
b. On-street parking shall not be provided along a yellow curb or other no parking areas put in place by the city or WSDOT.
c. The on-street parking shall follow the established configuration of existing on-street parking.
d. On-street parking spaces shall be available for use by the public at all times. Signs or actions limiting public use of on-street spaces are prohibited. (Ord. 665 § 29 (part), 2017)
A. Intent. The IND zone allows commercial and utility activities, as well as small- and large-scale industrial types of activities. The zone also provides an applicant the opportunity to create a master plan, subject to the provisions of Chapter 18.180, if an individual wants to develop a wider variety of commercial uses than are allowed by right within the zone.
B. Physical Development. Standards applicable to physical development in the IND zone are provided on the following pages. Where a cross-reference is listed, see the referenced document, division, chapter or section for additional standards.
1. Setbacks (min.) | Section 18.48.040 |
Front: | 0' |
Side: | 0' |
Rear: | 0' |
Garage/Carport: | 0' |
2. Impervious Surfaces | |
Individual Water and Septic | 50% |
Public Water and Individual Septic | 50% |
Public Water and Sewer | 50% |
3. Landscaping | Section 18.48.100 |
4. Fencing | Section 18.48.040 |
Height in any front yard (max.) | 4' |
Height in any side yard (max.) | 6' |
Height in any rear yard (max.) | 6' |
5. Building Height | Section 18.48.040 |
Maximum | 40' |
6. Environmental Standards | |
SEPA Review | Div. 4 |
Critical Area Buffers | Div. 5 |
Wetlands | 25' – 300' |
CARAs | protect water source |
Frequently Flooded Areas | 50' |
Geologically Hazardous Areas | slope ht. |
Wildlife Habitat | varies |
7. Signs | Section 18.48.130 |
8. Grading, Erosion Control, Stormwater | |
Grading and Erosion Control | Chapter 12.08 |
Stormwater Mgmt. | Chapter 12.16 |
9. Required Physical Development Permits (reserved) | |
C. Allowed Uses and Use Standards. Standards applicable to use are provided in this subsection. Where a cross-reference is listed, see the referenced division or section for additional standards. All standards in this division are applicable unless stated otherwise.
1. Allowed Uses | 2. Parking (Chapter 18.45) | ||
|---|---|---|---|
Use | Definition/ | Permit | Minimum Required |
Institutional Uses |
|
| |
Emergency Services | 18.44.060(E) | Y | Independent Calculation |
Commercial Uses |
|
| |
Mobile Food Vendor | 18.44.070(F) | Y | Independent Calculation |
Heavy Retail/Service | 18.44.070(G) | Y | 2 per 1,000 sf + 3 per repair bay + 1 per wash bay |
Storage | 18.44.070(H) | A | Independent Calculation |
Nursery | 18.44.070(I) | Y | 2 per 1,000 sf + 1 per 4,000 sf outdoor display area + 1 per employee |
Battery Exchange Station | 18.44.070(J) | Y | Independent Calculation |
Sexually Oriented Business | 18.44.070(K) | C | 3 per 1,000 sf |
Industrial Uses |
|
| |
Craft Food Production | 18.44.090(B) | Y | Independent Calculation |
Light Industry | 18.44.090(C) | Y | 0.5 per employee + 1 per company vehicle |
Heavy Industry | 18.44.090(D) | C | 0.5 per employee + 1 per company vehicle |
Disposal | 18.44.090(E) | PF | 1 per employee |
Landscape Supply Yard | 18.44.090(F) | Y | 0.5 per employee |
Transportation and Infrastructure Uses |
|
| |
Parking | 18.44.100(B) | C | n/a |
Utility Facility | 18.44.100(C) | C | 1 per employee + 1 per stored vehicle |
Sewer Facility | 18.44.100(D) | PF | 1 per employee + 1 per stored vehicle |
Wireless Telecommunications Facility | 18.44.100(E) | A/C | 1 per employee + 1 per stored vehicle |
Accessory Uses |
|
| |
Drive-Up Facility | 18.44.110(F) | A | n/a |
Battery Charging Station | 18.44.110(H) | Y | n/a |
Temporary Uses |
|
| |
Christmas Tree Sales | 18.44.120(D) | Y | 1 per 1,000 sf outdoor display area + 1 per employee |
Temporary Real Estate Sales Office | 18.44.120(E) | A | 2 |
Temporary Shelter | 18.44.120(F) | A | 2 per DU |
Temporary Gravel Processing | 18.44.120(G) | A | 1 per employee |
Y = Use allowed without use permit A = Administrative Use Permit required | |||
3. Performance Standards | |
|---|---|
Outdoor Storage | (Section 18.46.020) |
Recreational Vehicles | allowed if standards are met |
Outdoor Storage Areas and Yards | allowed if standards are met |
Shipping Containers and Compartments | prohibited except during construction |
Refuse and Recycling | (Section 18.46.030) |
Trash and recycling enclosure required | > 4 DUs and all nonresidential |
Noise | (Section 18.46.040) |
Sound level at property line (max.) | 75 dBA |
Vibration | (Section 18.46.050) |
Odors | (Section 18.46.060) |
Light and Glare | (Section 18.46.070) |
Radioactivity and Electrical Disturbances | (Section 18.46.080) |
D. Lot Standards.
1. Lot Size.
a. City Standard. No minimum lot size has been established.
b. Thurston County Standard. The City defers to the Thurston County health department to determine minimum lot size.
2. Residential Density. Residential uses are prohibited in the industrial zone.
3. Commercial and Industrial Density. Density is based on a unit volume of sewage for commercial or industrial use. The allowed density is generally based on the availability of sewers. Where sewer is not available, the city defers to the Thurston County health department to establish maximum densities.
E. Development Options and Subdivision. (Reserved).
F. Additional Zone-Specific Standards
1. Setbacks from Residential. Industrial uses must maintain a setback of at least twenty-five (25) feet from all residentially zoned property. Fencing, landscaping, or a combination of the two must be utilized in order to minimize potential adverse impacts on residential uses. (Ord. 689 § 2, 2020; Ord. 665 § 29 (part), 2017)
A. Intent. The FRL zone provides for agricultural, mineral, and forest uses and some commercial and utilities activities. The zone is primarily established in consideration of resource lands of long-term significance that are currently within the city of Rainier.
B. Physical Development. Standards applicable to physical development in the FRL zone are provided in this section. Where a cross-reference is listed, see the referenced document, division, chapter or section for additional standards.
1. Setbacks (min.) | Section 18.48.040 |
Front: | 0' |
Side: | 0' |
Rear: | 0' |
Garage/Carport: | 0' |
2. Impervious Surfaces | |
Individual Water and Septic | 5% |
Public Water and Individual Septic | 100% |
Public Water and Sewer | 100% |
3. Landscaping | Section 18.48.100 |
4. Fencing | Section 18.48.040 |
Height in any front yard (max.) | 4' |
Height in any side yard (max.) | 6' |
Height in any rear yard (max.) | 6' |
5. Building Height | Section 18.48.040 |
Maximum | n/a |
6. Environmental Standards | |
SEPA Review | Div. 4 |
Critical Area Buffers | Div. 5 |
Wetlands | 25 – 300' |
CARAs | protect water source |
Frequently Flooded Areas | 50' |
Geologically Hazardous Areas | slope ht. |
Wildlife Habitat | varies |
7. Signs | Section 18.48.130 |
8. Grading, Erosion Control, Stormwater | |
Grading and Erosion Control | Chapter 12.08 |
Stormwater Mgmt. | Chapter 12.16 |
9. Required Physical Development Permits (reserved) | |
C. Allowed Uses and Use Standards. Standards applicable to use are provided in this subsection. Where a cross-reference is listed, see the referenced division or section for additional standards. All standards in this division are applicable unless stated otherwise.
1. Allowed Uses | 2. Parking (Chapter 18.45) | ||
|---|---|---|---|
Use | Definition/ | Permit | Minimum Required |
Open Space Uses |
|
| |
Forestry | 18.44.030(B) | Y | n/a |
Agriculture | 18.44.030(C) | Y | n/a |
Residential Uses |
|
| |
Detached Single-Family Unit | 18.44.040(B) | Y | 2 per DU |
Commercial Uses |
|
| |
Nursery | 18.44.070(I) | Y | 2 per 1,000 sf + 1 per 4,000 sf outdoor display area + 1 per employee |
Transportation and Infrastructure Uses |
|
| |
Utility Facility | 18.44.100(C) | C | 1 per employee + 1 per stored vehicle |
Wireless Telecommunications Facility | 18.44.100(E) | A/C | 1 per employee + 1 per stored vehicle |
Accessory Uses |
|
| |
Accessory Dwelling Unit | 18.44.110(B) | A | 1 per DU |
Bed and Breakfast | 18.44.110(C) | Y | 0.75 per LU |
Battery Charging Station | 18.44.110(H) | Y | n/a |
Temporary Uses |
|
| |
Yard Sale | 18.44.120(B) | Y | n/a |
Christmas Tree Sales | 18.44.120(C) | Y | 1 per 1,000 sf outdoor display area + 1 per employee |
Farm Stand | 18.44.120(D) | Y | 5 per 1,000 sf display area |
Temporary Shelter | 18.44.120(F) | A | 2 per DU |
Temporary Gravel Processing | 18.44.120(G) | A | 1 per employee |
Y = Use allowed without use permit A = Administrative Use Permit required | |||
3. Performance Standards | |
|---|---|
Outdoor Storage | (Section 18.46.020) |
Recreational Vehicles | allowed if standards are met |
Outdoor Storage Areas and Yards | allowed if standards are met |
Shipping Containers and Compartments | Prohibited except during construction |
Refuse and Recycling | (Section 18.46.030) |
Trash and recycling enclosure required | > 4 DUs and all nonresidential |
Noise | (Section 18.46.040) |
Sound level at property line (max.) | 75 dBA |
Vibration | (Section 18.46.050) |
Odors | (Section 18.46.060) |
Light and Glare | (Section 18.46.070) |
Radioactivity and Electrical Disturbances | (Section 18.46.080) |
D. Lot Standards. (Reserved.)
E. Development Options and Subdivision. (Reserved.)
F. Additional Zone-Specific Standards (Reserved.) (Ord. 665 § 30 (part), 2017)
A. Intent. The P/PF zone provides for moderate- and large-scale activities relating to the purposes of state and local governmental entities and semi-public institutions by providing necessary public services. The designation allows for the specialized needs of providing public services to all areas of Rainier.
B. Physical Development. Standards applicable to physical development in the P/PF zone are provided in this section. Where a cross-reference is listed, see the referenced document, division, chapter or section for additional standards.
1. Setbacks (min.) | Section 18.48.040 |
Front: | case by case |
Side: | case by case |
Rear: | case by case |
Garage/Carport: | case by case |
2. Impervious Surfaces |
|
Individual Water and Septic | 75% |
Public Water and Individual Septic | 100% |
Public Water and Sewer | 100% |
3. Landscaping | Section 18.48.100 |
4. Fencing | Section 18.48.040 |
Height in any front yard (max.) | 4' |
Height in any side yard (max.) | 6' |
Height in any rear yard (max.) | 6' |
5. Building Height | Section 18.48.040 |
Maximum | case by case |
6. Environmental Standards |
|
SEPA Review | Div. 4 |
Critical Area Buffers | Div. 5 |
Wetlands | 25 – 300' |
CARAs | protect water source |
Frequently Flooded Areas | 50' |
Geologically Hazardous Areas | slope ht. |
Wildlife Habitat | varies |
7. Signs | Section 18.48.130 |
8. Grading, Erosion Control, Stormwater | |
Grading and Erosion Control | Chapter 12.08 |
Stormwater Mgmt. | Chapter 12.16 |
9. Required Physical Development Permits (reserved) | |
C. Allowed Uses and Use Standards. Standards applicable to use are provided in this subsection. Where a cross-reference is listed, see the referenced division or section for additional standards. All standards in this division are applicable unless stated otherwise.
1. Allowed Uses | 2. Parking (Chapter 18.45) | ||
|---|---|---|---|
Use | Definition/ | Permit | Minimum Required |
Residential Uses |
|
| |
Correctional Group Home | 18.44.040(F) | PF | 0.5 per bed |
Lodging Uses |
|
| |
Campground | 18.44.050(C) | C | 1 per campsite + 1 per 7.5 campsites |
Institutional Uses |
|
| |
Assembly | 18.44.060(B) | C | Independent Calculation |
Day Care Center | 18.44.060(C) | C | 0.5 per employee |
School | 18.44.060(D) | C | Independent Calculation |
Emergency Services | 18.44.060(E) | C | Independent Calculation |
Commercial Uses |
|
| |
Mobile Food Vendor | 18.44.070(F) | A | Independent Calculation |
Amusement and Recreation |
|
| |
Amusement | 18.44.080(B) | C | 3 per 1,000 sf |
Outdoor Recreation | 18.44.080(C) | C | Independent Calculation |
Developed Recreation | 18.44.080(D) | C | Independent Calculation |
Industrial Uses |
|
| |
Disposal | 18.44.090(E) | PF | 1 per employee + 1 per stored vehicle |
Transportation and Infrastructure Uses |
|
| |
Parking | 18.44.100(B) | C | n/a |
Utility Facility | 18.44.100(C) | C | 1 per employee + 1 per stored vehicle |
Sewer Facility | 18.44.100(D) | PF | 1 per employee + 1 per stored vehicle |
Wireless Telecommunications Facility | 18.44.100(E) | A/C | 1 per employee + 1 per stored vehicle |
Accessory Uses |
|
| |
Battery Charging Station | 18.44.110(H) | Y | n/a |
Temporary Uses |
|
| |
Temporary Shelter | 18.44.120(F) | A | 2 per DU |
Temporary Gravel Processing | 18.44.130(G) | A | 1 per employee |
Y = Use allowed without use permit A = Administrative Use Permit required | |||
3. Performance Standards | |
|---|---|
Outdoor Storage | (Section 18.46.020) |
Recreational Vehicles | allowed if standards are met |
Outdoor Storage Areas and Yards | Prohibited |
Shipping Containers and Compartments | Prohibited except during construction |
Refuse and Recycling | (Section 18.46.030) |
Trash and recycling enclosure required | > 4 DUs and all nonresidential |
Noise | (Section 18.46.040) |
Sound level at property line (max.) | 75 dBA |
Vibration | (Section 18.46.050) |
Odors | (Section 18.46.060) |
Light and Glare | (Section 18.46.070) |
Radioactivity and Electrical Disturbances | (Section 18.46.080) |
D. Lot Standards. (Reserved.)
E. Development Options and Subdivision. (Reserved.)
F. Additional Zone-Specific Standards. (Reserved.) (Ord. 665 § 30 (part), 2017)
A. Intent. T/OS/P zone contains parcels that have parks and recreational activities and their associated accessory uses. The zone is meant to continue the allowance of these uses.
B. Physical Development. Standards applicable to physical development in the T/OS/P zone are provided in this section. Where a cross-reference is listed, see the referenced document, division, chapter or section for additional standards.
1. Setbacks (min.) | Section 18.48.040 |
Front: | case by case |
Side: | case by case |
Rear: | case by case |
Garage/Carport: | case by case |
2. Impervious Surfaces | |
Individual Water and Septic | 75% |
Public Water and Individual Septic | 100% |
Public Water and Sewer | 100% |
3. Landscaping | Section 18.48.100 |
4. Fencing | Section 18.48.040 |
Height in any front yard (max.) | 4' |
Height in any side yard (max.) | 6' |
Height in any rear yard (max.) | 6' |
5. Building Height | Section 18.48.040 |
Maximum | case by case |
6. Environmental Standards | |
SEPA Review | Div. 4 |
Critical Area Buffers | Div. 5 |
Wetlands | 25 – 300' |
CARAs | protect water source |
Frequently Flooded Areas | 50' |
Geologically Hazardous Areas | slope ht. |
Wildlife Habitat | varies |
7. Signs | Section 18.48.130 |
8. Grading, Erosion Control, Stormwater | |
Grading and Erosion Control | Chapter 12.08 |
Stormwater Mgmt. | Chapter 12.16 |
9. Required Physical Development Permits (reserved) | |
C. Allowed Uses and Use Standards. Standards applicable to use are provided in this subsection. Where a cross-reference is listed, see the referenced division or section for additional standards. All standards in this division are applicable unless stated otherwise.
1. Allowed Uses | 2. Parking (Chapter 18.45) | ||
|---|---|---|---|
Use | Definition/ | Permit | Minimum Required |
Lodging Uses |
|
| |
Campground | 18.44.050(C) | C | 1 per campsite + 1 per 7.5 campsites |
Commercial Uses |
|
| |
Mobile Food Vendor | 18.44.070(F) | A | Independent Calculation |
Amusement and Recreation |
|
| |
Amusement | 18.44.080(B) | C | 3 per 1,000 sf |
Outdoor Recreation | 18.44.080(C) | C | Independent Calculation |
Developed Recreation | 18.44.080(D) | C | Independent Calculation |
Transportation and Infrastructure Uses |
|
| |
Utility Facility | 18.44.100(C) | C | 1 per employee + 1 per stored vehicle |
Wireless Telecommunications Facility | 18.44.100(E) | A/C | 1 per employee + 1 per stored vehicle |
Accessory Uses |
|
| |
Battery Charging Station | 18.44.110(H) | Y | n/a |
Temporary Uses |
|
| |
Temporary Shelter | 18.44.120(F) | A | 2 per DU |
Temporary Gravel Processing | 18.44.120(G) | A | 1 per employee |
Y = Use allowed without use permit A = Administrative Use Permit required | |||
3. Performance Standards | |
|---|---|
Outdoor Storage | (Section 18.46.020) |
Recreational Vehicles | allowed if standards are met |
Outdoor Storage Areas and Yards | allowed if standards are met |
Shipping Containers and Compartments | Prohibited except during construction |
Refuse and Recycling | (Section 18.46.030) |
Trash and recycling enclosure required | > 4 DUs and all nonresidential |
Noise | (Section 18.46.040) |
Sound level at property line (max.) | 75 dBA |
Vibration | (Section 18.46.050) |
Odors | (Section 18.46.060) |
Light and Glare | (Section 18.46.070) |
Radioactivity and Electrical Disturbances | (Section 18.46.080) |
D. Lot Standards. (Reserved.)
E. Development Options and Subdivision. (Reserved).
F. Additional Zone-Specific Standards. (Reserved). (Ord. 665 § 30 (part), 2017)
The use schedule establishes the principal, accessory, and temporary uses allowed in each zone. The definitions and standards for each use are established in Sections 18.44.030 through 18.44.120 and referenced in the table. Additional uses may be allowed in a zone as part of an allowed development option as specified in Division 6 of this title, Subdivisions and Platting. The permit required for each allowed use is designated using the following symbols:
A. “Y” denotes an allowed use that does not require a use permit. Physical development permits are still required as applicable.
B. “A” denotes an allowed use that requires an administrative use permit to be obtained pursuant to Section 18.20.030.
C. “C” denotes an allowed use that requires a conditional use permit to be obtained pursuant to Section 18.20.040. A conditional use is generally compatible with the character of a zone but requires individual review of its configuration, density, and intensity in order to mitigate effects that may be adverse to the desired character of the zone.
D. “PF” denotes an allowed use that requires a public facilities use permit to be obtained pursuant to Section 18.20.060. Public facilities uses are inherently incompatible with the character of the zone, but essential to the community; therefore, some provision must be made for their existence and operation. Public facilities uses require specified locations due to common neighborhood opposition. These locations must be determined by a comprehensive community-wide selection process designed to identify locations that best serve the special use while minimizing the negative impacts and obtrusiveness. Public facilities uses also require individual review of their configuration, density, and intensity in order to mitigate effects that are adverse to the desired character of the zone. As a use, essential public facilities are treated as listed or substantially similar to listed use types, but may require a public facilities use permit even when another permit type is listed.
USE SCHEDULE Key: Y = Use allowed without use permit A = Administrative Use Permit required C = Conditional Use Permit required PF = Public Facilities Use Permit required -- = Use not allowed * = Use legally established prior to October 9, 2012, considered a conforming use. No new uses allowed in the zone. | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
Use Category | Residential Zones | Nonresidential Zones | Special Purpose Zones | Def/Stds | |||||||
Specific Use | EN | R 6-8 | R 8-25 | CC | SC | HC | IND | FRL | P/PF | T/OS /P |
|
Open Space Uses |
|
|
| ||||||||
Forestry | -- | -- | -- | -- | -- | -- | -- | Y | -- | -- | 18.44.030(B) |
Agriculture | -- | -- | -- | -- | -- | -- | -- | Y | -- | -- | 18.44.030(C) |
Residential Uses |
|
|
| ||||||||
Detached Single-Family Unit | Y | Y | Y | -- | Y* | -- | -- | Y | -- | -- | 18.44.040(B) |
Attached Single-Family Unit | -- | Y | Y | A | A | A | -- | -- | -- | -- | 18.44.040(C) |
Apartment | -- | Y | Y | A | A | A | -- | -- | -- | -- | 18.44.040(D) |
Group Home | -- | C | A | A | A | A | -- | -- | -- | -- | 18.44.040(E) |
Correctional Group Home | -- | -- | -- | -- | -- | -- | -- | -- | PF | -- | 18.44.040(F) |
Lodging Uses |
|
|
| ||||||||
Conventional Lodging | -- | -- | -- | Y | Y | Y | -- | -- | -- | -- | 18.44.050(B) |
Campground | -- | -- | -- | -- | -- | -- | -- | -- | C | C | 18.44.050(C) |
Institutional Uses |
|
|
| ||||||||
Assembly | C | C | C | C | A | C | -- | -- | C | -- | 18.44.060(B) |
Day Care Center | -- | C | C | C | Y | Y | -- | -- | C | -- | 18.44.060(C) |
School | -- | C | C | C | C | C | -- | -- | C | -- | 18.44.060(D) |
Emergency Services | -- | C | C | C | A | A | Y | -- | C | -- | 18.44.060(E) |
Commercial Uses |
|
|
| ||||||||
Office | -- | -- | -- | Y | Y | Y | -- | -- | -- | -- | 18.44.070(B) |
Retail | -- | -- | -- | Y | Y | Y | -- | -- | -- | -- | 18.44.070(C) |
Service | -- | -- | -- | Y | Y | Y | -- | -- | -- | -- | 18.44.070(D) |
Restaurant/Bar | -- | -- | -- | A | A | Y | -- | -- | -- | -- | 18.44.070(E) |
Mobile Food Vendor | -- | -- | -- | Y | Y | Y | Y | -- | A | A | 18.44.070(F) |
Heavy Retail/Service | -- | -- | -- | C | A | Y | Y | -- | -- | -- | 18.44.070(G) |
Storage | -- | -- | -- | -- | A | -- | A | -- | -- | -- | 18.44.070(H) |
Nursery | -- | -- | -- | -- | Y | Y | Y | Y | -- | -- | 18.44.070(I) |
Battery Exchange Station | -- | -- | -- | C | Y | Y | -- | -- | -- | -- | 18.44.070(J) |
Sexually Oriented Business | -- | -- | -- | -- | -- | -- | C | -- | -- | -- | 18.44.070(K) |
Amusement and Recreation |
|
|
| ||||||||
Amusement | -- | -- | -- | A | A | A | -- | -- | C | C | 18.44.080(B) |
Outdoor Recreation | Y | Y | Y | Y | Y | Y | -- | -- | Y | Y | 18.44.080(C) |
Developed Recreation | C | C | C | A | A | A | -- | -- | A | A | 18.44.080(D) |
Industrial Uses |
|
|
| ||||||||
Craft Food Production | -- | -- | -- | A | A | A | Y | -- | -- | -- | 18.44.090(B) |
Light Industry | -- | -- | -- | C | C | A | Y | -- | -- | -- | 18.44.090(C) |
Heavy Industry | -- | -- | -- | -- | -- | -- | C | -- | -- | -- | 18.44.090(D) |
Disposal | -- | -- | -- | -- | -- | -- | PF | -- | PF | -- | 18.44.090(E) |
Landscape Supply Yard | -- | -- | -- | -- | -- | -- | Y | -- | -- | -- | 18.44.090(F) |
Transportation and Infrastructure Uses |
|
|
| ||||||||
Parking | -- | C | C | C | C | C | C | -- | C | -- | 18.44.100(B) |
Utility Facility | C | C | C | C | C | C | C | C | C | C | 18.44.100(C) |
Sewer Facility | -- | -- | -- | -- | -- | -- | PF | -- | PF | -- | 18.44.100(D) |
Wireless Telecommunications Facility | A/C | A/C | A/C | A/C | A/C | A/C | A/C | A/C | A/C | A/C | 18.44.100(E) |
Accessory Uses |
|
|
| ||||||||
Accessory Dwelling Unit | A | A | A | A | A | A | -- | A | -- | -- | 18.44.110(B) |
Bed and Breakfast | A | A | A | Y | Y | Y | Y | -- | -- | -- | 18.44.110(C) |
Home Occupation | A | A | A | A | A | A | -- | -- | -- | -- | 18.44.110(D) |
Home Business | C | C | C | C | C | C | -- | -- | -- | -- | 18.44.110(E) |
Drive-Up Facility | -- | -- | -- | C | A | A | A | -- | -- | -- | 18.44.110(F) |
Home Day Care | Y | Y | Y | Y | Y | Y | -- | -- | -- | -- | 18.44.110(G) |
Battery Charging Station | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | 18.44.110(H) |
Temporary Uses |
|
|
| ||||||||
Yard Sale | Y | Y | Y | Y | Y | Y | -- | Y | -- | -- | 18.44.120(B) |
Christmas Tree Sales | -- | -- | -- | Y | Y | Y | Y | Y | -- | -- | 18.44.120(C) |
Farm Stand | Y | Y | Y | Y | Y | Y | -- | Y | -- | -- | 18.44.120(D) |
Temporary Real Estate Sales Office | A | A | A | A | A | A | A | -- | -- | -- | 18.44.120(E) |
Temporary Shelter | A | A | A | A | A | A | A | A | A | A | 18.44.120(F) |
Temporary Gravel Processing | A | A | A | A | A | A | A | A | A | A | 18.44.120(G) |
(Ord. 689 § 3, 2020; Ord. 665 § 31 (part), 2017)
A. Definition of Use. “Use” means the purpose or activity for which land or buildings are designed, arranged, intended, divided, or occupied, maintained, rented, or leased, and includes any manner of performance of such activity with respect to the performance standards of these development standards. A use often involves the placement of structures or facilities for industry, commerce, habitation, or recreation.
B. Classification of Uses.
1. Principal Use. A “principal use” is a use that may exist as the sole use of the property. More than one principal use may exist on a property. A principal use includes all incidental uses. Principal uses are organized into ten (10) categories:
a. Open Space Uses (Section 18.44.030).
b. Residential Uses (Section 18.44.040).
c. Lodging Uses (Section 18.44.050).
d. Institutional Uses (Section 18.44.060).
e. Commercial Uses (Section 18.44.070).
f. Amusement and Recreation Uses (Section 18.44.080).
g. Industrial Uses (Section 18.44.090).
h. Transportation and Infrastructure Uses (Section 18.44.100).
i. Accessory Uses (Section 18.44.110).
j. Temporary Uses (Section 18.44.120).
2. Incidental Use. An “incidental use” is a use that is commonly integrated into the operation of a principal use, even if the incidental use would be classified as a different use if it were separated.
3. Accessory Use. An “accessory use” is a use that constitutes a minority of the use or character of the property and is secondary and subordinate to another use of the same property, but which is not an incidental use.
4. Primary Use. A “primary use” is a use to which an accessory use is secondary and subordinate.
5. Temporary Use. A “temporary use” is a use established for a fixed period of time.
C. Multiple Uses. Each use listed as a separate row in the use schedule requires a permit unless the use is incidental to a permitted use or the use is exempt from a permit.
D. Use Not Listed. If a use is not listed as a use in a zone, it must be considered to be a prohibited use. The community development director is authorized to make an interpretation pursuant to Section 18.20.020 to determine if a use not listed in this title is allowed or prohibited. If the community development director determines that a use is allowed, the community development director must also determine the zone(s) in which the use may be permitted and the type(s) of use permit required. (Ord. 665 § 31 (part), 2017)
A. All Open Space Uses.
1. Definition. An “open space use” is the enjoyment or maintenance of land that occurs predominantly outside of any structure.
B. Forestry.
1. Definition. “Forestry” is the commercial harvesting of forest products, and scientific research related to management of forestlands.
a. Includes:
i. Timber harvesting;
ii. Gathering of forest products (for example: bark, berries, mushrooms);
iii. Silviculture.
C. Agriculture.
1. Definition. “Agriculture” is the farming or ranching of land.
a. Includes:
i. Cultivation of the soil;
ii. Production of forage or crops;
iii. Growing of ornamental or landscaping plants;
iv. Greenhouses;
v. Rearing, feeding, and management of livestock. (Ord. 665 § 31 (part), 2017)
A. All Residential Uses.
1. Definition. A “residential use” is a living facility that includes permanent provision for living, sleeping, eating, cooking, and sanitation.
B. Detached Single-Family Unit.
1. Definition. A “detached single-family unit” is a single residential unit occupied by not more than one family having no roof, wall, or floor in common with any other residential unit or nonresidential unit, except as modified below.
a. Includes:
i. Single-family units attached to accessory dwelling units;
ii. Detached townhouse units;
iii. Individual manufactured homes and modular homes when sited on a permanent foundation in accordance with Rainier’s building code.
b. Does not include:
i. Mobile homes;
ii. Individual manufactured homes and modular homes when not sited on a permanent foundation;
iii. Recreational vehicles.
2. Standards.
a. A detached single-family unit must be at least fourteen (14) feet in width at the narrowest point of its first story.
b. Each entrance door of a detached single-family unit must have a finished porch or deck.
c. If the detached single-family unit is a manufactured home, the following standards apply:
i. The manufactured home must be no more than ten (10) years old on the date of installation; and
ii. Proof of title elimination must be provided prior to building occupancy.
C. Attached Single-Family Unit.
1. Definition. An “attached single-family unit” is a residential unit occupied by not more than one family, which is connected to at least one other dwelling unit or nonresidential unit by one or more common walls.
a. Includes:
i. Attached townhouse units;
ii. Condominiums.
b. Does not include:
i. Apartments;
ii. Single-family units attached to accessory dwelling units.
D. Apartment.
1. Definition. An “apartment” is a single-family unit that cannot be owned as a separate, single unit.
a. Does not include:
i. Townhouse;
ii. Condominium;
iii. Accessory dwelling unit.
E. Group Home.
1. Definition. A “group home” is a residential unit occupied by more than six unrelated individuals, which typically offers shelter, medical and mental health services, and other care-related services to residents.
a. Includes:
i. Nursing homes and assisted living facilities;
ii. Group living facilities with related sheltered care facilities;
iii. Residential facilities for the developmentally disabled including on-site training facilities;
iv. Dormitories.
b. Does not include:
i. Correctional group home.
F. Correctional Group Home.
1. Definition. “Correctional group home” means publicly or privately operated living accommodations for adults and juveniles under the jurisdiction of the criminal justice system.
a. Includes:
i. State-licensed group care homes or halfway houses for individuals that provide residence in lieu of incarceration.
ii. Halfway houses providing residence to individuals needing correction or for individuals selected to participate in state-operated work release and prerelease programs.
iii. Group homes for individuals who have been convicted of a violent crime against a person or a crime against property with a sexual motivation and charged or convicted as a sexual or assaultive violent predator.
2. Standards.
a. Separation.
i. A correctional group home must be located a minimum of six hundred (600) feet from all other correctional group homes.
ii. Correctional group homes must also be located a minimum of one thousand (1,000) feet from the following:
1. Schools, both public and private;
2. Parks and playgrounds; and
3. Day care centers.
b. Registration and Licensing. Group homes must obtain all licenses necessary for operation by state and federal agencies. (Ord. 665 § 31 (part), 2017)
A. All Lodging Uses.
1. Definition. A “lodging use” is a sleeping unit or residential unit rented such that occupancy is limited to less than thirty-one (31) days.
B. Conventional Lodging.
1. Definition. “Conventional lodging use” is any lodging use other than those specifically defined elsewhere in this section.
a. Includes:
i. Hotels;
ii. Motels;
iii. Boutique hotels and inns.
b. Does not include:
i. Short-term rental units;
ii. Campgrounds;
iii. Bed and breakfasts.
C. Campground.
1. Definition. A “campground” is an establishment providing campsites for accommodations such as tents, recreational vehicles, campers, or trailers that are brought to the campground for overnight or short-term use.
a. Includes:
i. Recreational vehicle (RV) parks;
b. Does not include:
i. Mobile home parks.
2. Standards.
a. Permanent Structures. A campground may have permanent structures that are solely for the occupants of the campground, including a management office, laundry facilities, storage facilities, sanitary facilities, outdoor or developed recreation facilities such as parks or playgrounds, and other amenities.
b. Campsite. A campground campsite consists of a gravel, paved, or grass area where a recreational vehicle, camper, trailer, or tent is parked or located, and includes associated amenities and parking.
c. Restroom and Shower Facilities. Restroom and shower facilities are required for all campgrounds based on the number of campsites and utility hookups at the campground.
Number of Sites | Toilets | Lavatories | Showers | |||
|---|---|---|---|---|---|---|
Men | Women | Men | Women | Men | Women | |
30 Full Hookup | 1 | 1 | 1 | 1 | 1 | 1 |
15 Partial Hookup or Tent | 1 | 1 | 1 | 1 | 1 | 1 |
d. Occupancy. Campsite occupancy is limited to short-term use of less than thirty-one (31) days in any ninety (90) day period. Campground employees may be permitted to occupy a campsite for longer than thirty-one (31) days.
e. Ownership. Each of the campsites located at a campground must be owned by the same entity that owns the campground. No fractional ownership, timeshares or memberships of campsites is permitted. (Ord. 665 § 31 (part), 2017)
A. All Institutional Uses.
1. Definition. An “institutional use” is the provision of a public or semi-public service by a public or private entity.
B. Assembly.
1. Definition. An “assembly use” is an institutional use typically characterized by a public or semi-public gathering area.
a. Includes:
i. Cemeteries;
ii. Churches;
iii. Community centers;
iv. Libraries;
v. Museums;
vi. Hospitals;
vii. Reception halls.
C. Day Care Center.
1. Definition. “Day care center” means the provision of care on a regular basis for a group of children or adults for periods of less than twenty-four (24) hours outside of a home setting, with no limitation as to the number of clients.
a. Does not include:
i. Family home day cares;
ii. Home day cares.
2. Standards.
a. Each day care center must meet all applicable Washington State child care licensing requirements.
D. School.
1. Definition. “School” means public or private primary, secondary, vocational, or higher educational facilities.
E. Emergency Services.
1. Definition. “Emergency services” means the use of a property for police, fire, or emergency medical aid, including private ambulance services. (Ord. 665 § 31 (part), 2017)
A. All Commercial Uses.
1. Definition. A “commercial use” is the sale of goods or services.
B. Office.
1. Definition. An “office use” is a professional service or other activity customarily provided in an office environment where appointments are scheduled.
a. Includes:
i. Legal, accounting, investment, and financial services;
ii. Medical, dental, and other health services;
iii. Engineering, architectural, and other design services;
iv. Counseling and social services;
v. Insurance and real estate;
vi. Broadcast studios for television and radio;
vii. Administrative and sales offices for business, industry, and government; provided, that only administrative, bookkeeping, and clerical types of activities are conducted on site.
C. Retail.
1. Definition. “Retail” is the sale of goods.
a. Includes:
i. Retail sale of antiques, apparel and accessories, auto parts, books, sporting goods, hardware, liquor, home furnishings, computers and electronics, and other general specialty merchandise;
ii. Food stores, delis, health food, drug stores, retail bakeries;
iii. Candy and ice cream/yogurt shops.
D. Service.
1. Definition. “Service” is the provision of a service outside of an office environment, in a typically nonscheduled environment.
a. Includes:
i. Banks, savings and loans, and credit unions;
ii. Laundry and dry cleaners, including self-service laundries;
iii. Beauty and barber shops;
iv. Tanning and massage;
v. Repair and maintenance of small appliances, TV and electronics, furniture, garments, shoes and other leather goods, including tack;
vi. Taxidermy;
vii. Mortuary/funeral home;
viii. Pet grooming, kennels and veterinary services, with indoor runs only.
E. Restaurant/Bar.
1. Definition. A “restaurant” or “bar” is an establishment oriented to the serving of food and/or beverages.
F. Mobile Food Vendor.
1. Definition. A “mobile food vendor” is a food establishment that is readily movable.
a. Includes:
i. Food trucks;
ii. Pushcarts;
iii. Trailers hauled by a licensed vehicle.
G. Heavy Retail/Service.
1. Definition. “Heavy retail/service uses” are retail or service uses that are of a greater intensity and impact than other retail or service uses and may include outdoor storage areas.
a. Includes:
i. Retail sales of lumber and building supplies and materials;
ii. Retail sales of fuels, including gasoline service stations;
iii. Feed and seed outlets;
iv. Rental and servicing of light motorized and nonmotorized tools and equipment;
v. Motorized vehicle rental, sales, service, and repair;
vi. Farm implement supplies, sales and repair;
vii. Car washes;
viii. Veterinary and other pet and livestock services;
ix. Kennels and pet breeders;
x. Landscaping services.
H. Storage.
1. Definition. “Storage” means a business engaged in the storage of items for personal and business use.
a. Includes:
i. Mini-warehousing;
ii. Vehicle and boat storage yards.
b. Does not include:
i. Vehicle impound lots.
2. Standards.
a. Business activities other than rental of storage spaces are prohibited.
b. Indoor/outdoor storage areas are limited to no more than forty thousand (40,000) square feet.
c. All buildings must be sited on a permanent foundation in accordance with Rainier’s building code.
d. Each building must be a minimum of four hundred (400) square feet in size. The community development director or designee may waive this requirement when, due to the site’s topography or shape, a building less than four hundred (400) square feet is logically justified.
I. Nursery.
1. Definition. “Nursery” means an establishment primarily engaged in the retail or wholesale sale of horticultural specialties such as flowers, shrubs and trees, intended for ornamental or landscaping purposes.
J. Battery Exchange Station (RCW 79.13.110).
1. Definition. A “battery exchange station” is a fully automated facility that enables an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process.
2. Standards.
a. Categorical Exemption from the State Environmental Policy Act. Pursuant to RCW 43.21C.410, applications for battery exchange stations are categorically exempt from review under the State Environmental Policy Act subject to the provisions in RCW 43.21C.110.
K. Sexually Oriented Business.
1. Definition. A “sexually oriented business” is a use that includes as a primary part of its business any one or more of the following: an adult entertainment facility; adult-oriented merchandise; adult retail use; panoram; or similar facility, merchandise, or entertainment.
a. Includes:
i. Adult Entertainment Facility. “Adult entertainment facility” means any establishment where the business or activity of the facility includes the following:
(A) Any exhibition, performance, dance or conduct of any type conducted in a premises where such exhibition, performance, or dance involves a person who is unclothed or in such costume, attire, or clothing as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
(B) Any exhibition, performance, dance or conduct of any type conducted in a premises where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to the following specified sexual activities:
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse or sodomy;
(3) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast; or
(4) Any exhibition, performance, dance or conduct which is intended to sexually stimulate any member of the public and which is conducted on a regular basis or as a substantial part of the activities in these premises. This includes, but is not limited to, any such exhibition, performance, dance or conduct performed for, arranged with or engaged in with fewer than all members of the public on the premises at that time, for which payment is made, either directly or indirectly, for such performance, exhibition, dance or conduct and which is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing, or similar types of performances, exhibitions, dances or conduct.
For the purposes of this title, adult entertainment activities do not include the following: plays, operas, musicals, or other dramatic works that are not obscene; classes, seminars and lectures which are held for serious scientific or educational purposes and which are not obscene; or exhibitions, performances, expressions or dances that are not obscene. These exemptions shall not apply to the sexual conduct described in RCW 7.48A.010(2)(b)(ii) and (iii).
ii. Adult-Oriented Merchandise. “Adult-oriented merchandise” means any goods, products, commodities, or other wares, including, but not limited to, videos, CD-ROMs, DVDs, magazines, books, pamphlets, posters, cards, periodicals or nonclothing novelties, which depict, describe or simulate specified anatomical areas or specified sexual activities.
iii. Adult Retail Use. “Adult retail use” means a retail establishment which, for money or any other form of consideration, either:
(A) Has, as a primary part of its business, the purpose or function of selling, exchanging, renting, loaning, trading, transferring, and/or providing for viewing or use, off the premises, any adult-oriented merchandise; or
(B) Provides for, as its substantial stock in trade, the sale, exchange, rental, loan, trade, transfer, and/or provides for viewing or use, off the premises, of any adult-oriented merchandise.
For the purposes of this subsection, a primary part of a business includes, but is not limited to, instances where a business provides or has advertising displays, merchandise, or product information reasonably visible to customers and other persons within the business facilities that shows, displays, or otherwise depicts adult-oriented merchandise or other sexually oriented business activities; provided, however, that it shall not be considered a primary part of a business if such display, merchandise, or product information is only reasonably visible from within a limited portion of the business facility screened from general view, taking up not more than twenty percent (20%) of the customer floor space, and where the access to the limited portion can be controlled to prevent accidental or incidental viewing of the display, merchandise, or product information by customers and other persons outside the limited portion of the business facilities.
Also, for the purposes of this subsection, a substantial stock in trade refers to, but is not limited to, instances where fifty percent (50%) or more of the revenue generated by the business is derived from the sale, exchange, rental, loan, trade, transfer, and/or provision of adult-oriented merchandise; fifty percent (50%) or more of the inventory of the business is adult-oriented merchandise; or fifty percent (50%) or more of the customers of the business buy, exchange, rent, borrow, trade, transfer, and/or shop for adult-oriented merchandise in or from the business.
iv. Panoram. “Panoram” means any device which, for payment of a fee, membership fee, or other charge, is used to view, exhibit, or display a film, videotape, or videodisc. All such devices are denominated in this chapter by the terms “panoram” or “panoram device.” The terms “panoram” and “panoram device” as used in this chapter do not include games which employ pictures, views, or video displays; or state-regulated gambling devices.
b. Additional Definitions. The following definitions apply throughout this title unless the context clearly requires otherwise:
i. Sensitive Receptor Areas. “Sensitive receptor area” means those uses, areas, and zoning designations where children are likely to congregate.
Example: Sensitive receptor areas include residentially zoned property, residential uses; land owned by preschool, primary, and secondary schools; child day care centers and community youth centers; religious assembly uses; bus stops; and public parks or open spaces where children are likely to congregate.
ii. Specified Anatomical Areas. “Specified anatomical areas” means any of the following:
(A) Less than completely and opaquely covered human genitals, anus, pubic region, buttock, or female breast below a point immediately above the top of the areola; or
(B) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
iii. Specified Sexual Activities. “Specified sexual activities” means any of the following:
(A) Human genitals in a state of sexual stimulation or arousal; or
(B) Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; or
(C) Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts, whether clothed or unclothed, of oneself or of one person by another; or
(D) Excretory functions as part of or in connection with any of the activities set forth in this subsection.
2. Standards.
a. Location. Sexually oriented businesses must be located at least two hundred (200) feet from sensitive receptor areas and five hundred (500) feet from any other sexually oriented business. Distances are measured as a straight line between the edge or corner of the property on which the use or sensitive receptor area is located to the nearest edge or corner of the property of a sexually oriented business.
b. Floor Area. The maximum floor area of sexually oriented businesses shall be five thousand (5,000) square feet. (Ord. 689 § 4, 2020; Ord. 665 § 31 (part), 2017)
A. All Amusement and Recreation Uses.
1. Definition. An “amusement and recreation use” is the provision of entertainment.
2. Standards.
a. A traffic study may be required to be submitted with the application for a use permit and must address the amusement and recreation use’s probable effect on the traffic volumes of abutting and nearby streets.
B. Amusement.
1. Definition. “Amusement” is the provision of nonrecreation entertainment.
a. Includes:
i. Bowling alleys;
ii. Movie theaters;
iii. Music halls;
iv. Video arcades;
v. Miniature or putt-putt golf course;
vi. Pool and billiard halls;
vii. Shooting arcades.
C. Outdoor Recreation.
1. Definition. “Outdoor recreation” is the use of land for passive or active recreational or athletic purposes that requires minimal permanent physical development relative to the open space.
a. Includes:
i. Parks;
ii. Community gardens;
iii. Arboretums;
iv. Athletic fields not in stadiums.
2. Standards.
a. Outdoor recreation facilities approved as part of a subdivision proposal do not require a use permit, regardless of the zone in which they are proposed.
D. Developed Recreation.
1. Definition. “Developed recreation” is the use of a physical development for active recreation or athletic purposes.
a. Includes:
i. Gymnasiums;
ii. Swimming pools;
iii. Tennis;
iv. Skateboarding;
v. Racetracks;
vi. Rodeos;
vii. Skating rinks;
viii. Racquetball;
ix. Handball courts;
x. Rock climbing practice facilities;
xi. Health and exercise clubs.
2. Standards.
a. Developed recreation facilities approved as part of a subdivision proposal do not require a use permit, regardless of the zone in which they are proposed. (Ord. 665 § 31 (part), 2017)
A. All Industrial Uses.
1. Definition. An “industrial use” is the manufacturing, assembly, processing, or wholesale distribution of material.
B. Craft Food Production.
1. Definition. “Craft food production” is an industrial use primarily engaged in small-scale manufacturing of food and beverage products.
a. Includes:
i. Wineries and breweries;
ii. Bakeries, chocolatiers, and creameries.
C. Light Industry.
1. Definition. “Light industry” is an industrial use where items are manufactured, assembled, processed, or distributed for the end consumer.
a. Includes:
i. Sheet metal fabrication and wood work;
ii. Building contractors and special trade contractors such as cabinetry, carpet and flooring, insulation, roofing, mechanical, and plumbing and heating;
iii. Processing and packaging of meat and game;
iv. Wholesale sales and distributors;
v. Welding and machine shops;
vi. Industrial laundries and laundry services;
vii. Food service and distribution;
viii. Cleaning and janitorial service and supply;
ix. Distilleries.
D. Heavy Industry.
1. Definition. “Heavy industry” is an industrial use where items are manufactured, assembled, processed, or distributed for intermediary users or has relatively more impact than a light industry use.
a. Includes:
i. Truck and transport terminals;
ii. Bulk storage and distribution facilities for fuels, explosives, pesticides, solvents, and corrosives;
iii. Disinfecting or pest control services;
iv. Paving, excavation, hauling and other contracting services involving heavy equipment;
v. Maintenance and repair of semis and heavy equipment;
vi. Lumber milling;
vii. Stone, clay, and glass product manufacturing.
E. Disposal.
1. Definition. “Disposal” is an operation dedicated to doing away with material.
a. Includes:
i. Sanitary landfills;
ii. Sludge disposal or storage;
iii. Resource recovery or recycling facilities;
iv. Composting operations of a commercial scale or for commercial purposes;
v. Trash compaction;
vi. Transfer stations.
b. Does not include:
i. Hazardous waste disposal.
F. Landscape Supply Yard.
1. Definition. “Landscape supply yard” means a business primarily engaged in the retail or wholesale distribution of bark, mulch, stone, gravel, soil, compost, manure, and other similar organic and inorganic landscaping materials intended for amending soil, preventing weed growth, retaining soil moisture, or otherwise covering the ground between plantings.
a. Does not include:
i. Agriculture;
ii. Forestry;
iii. Nursery;
iv. Heavy retail/service. (Ord. 689 § 5, 2020; Ord. 665 § 31 (part), 2017)
A. All Transportation and Infrastructure Uses.
1. Definition. A “transportation or infrastructure use” is the use of land or water to provide for the movement or storage of vehicles, water, sewage, power, or other utilities.
B. Parking.
1. Definition. “Parking” is the use of a property for parking of motor vehicles that is not ancillary to another use on site.
a. Includes:
i. Surface parking;
ii. Parking structure.
C. Utility Facility.
1. Definition. A “utility facility” is a central component to the provision of a public or semi-public utility that requires a structure.
a. Includes:
i. Substations for electrical, natural gas, and other similar utilities;
ii. Water supply facilities including water tanks and treatment facilities;
iii. Broadcasting towers and dish antennas for radio and TV.
b. Does not include:
i. Residential satellite dishes;
ii. Antennas used for the reception of television broadcast signals;
iii. Transformers;
iv. Junction boxes;
v. Standard underground utilities such as water, sewer, natural gas, power, and telephone lines;
vi. Booster pumps, lift stations, and other small structures appurtenant to standard underground utilities;
vii. Pedestals;
viii. Other appurtenances that do not require a structure.
2. Standards.
a. Utilities listed in subsection (C)(1)(b) of this section do not require a use permit. The physical development associated with them is not required to meet structure or site development setbacks if the physical development is located within an easement or tract designated for the utility proposed.
b. All utility facilities shall be located and designed to minimize negative impacts on natural resources, agricultural operations, and residential development and uses. A landscaping plan designed to screen the utility as viewed from roads and habitable structures must be submitted pursuant to Section 18.48.100, Landscaping.
c. Utility facilities housing equipment shall be designed with as low a profile as possible. If the surrounding uses are residential, the building style shall be compatible with the surrounding land uses.
D. Sewer Facility.
1. Definition. A “sewer facility” is a facility that removes contaminants from wastewater.
a. Includes:
i. Sewage treatment plants and related septic dump facilities, and substations.
b. Does not include:
i. Utility facilities.
2. Standards.
a. All sewer facilities must be located and designed to minimize negative impacts on natural resources, agricultural operations, and residential development and uses.
E. Wireless Telecommunications Facility.
1. Definition. A “wireless telecommunications facility” is a wireless service facility and facilities defined in Title 47, United States Code, Chapter I, Part 24, Section 24.5, including all future amendments.
a. Includes:
i. Facilities for the transmission and reception of radio or microwave signals used for communication, telecommunication, cellular phone personal communications services, enhanced specialized mobile radio;
ii. Any other services licensed by the FCC;
iii. Any other unlicensed wireless services.
b. Does not include:
i. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the Federal Communications Commission (FCC).
ii. Antennas and related equipment, no more than three feet in length, that are being stored, shipped, or displayed for sale.
iii. Facilities used for purposes of public safety, such as, but not limited to, police, hospitals, and the regional 911 system.
iv. Wireless radios utilized for temporary emergency communications during a disaster.
v. Licensed amateur (ham) radio stations.
vi. Satellite dish antennas less than two meters in diameter, including direct-to-home satellite services, that are incidental to a primary use of the property.
vii. Wireless telecommunication facilities that existed on or prior to the adoption of Ordinance 394 on July 28, 1998, and which have not been modified.
viii. Routine maintenance or repair of a wireless telecommunication facility and related equipment (excluding structural work or changes in height or dimensions of antennas, towers, or buildings); provided, that compliance with the standards of this title is maintained.
ix. Subject to compliance with all other applicable standards of this title, a building permit application need not be filed for emergency repair or maintenance of a wireless service facility until thirty (30) days after the completion of such emergency activity.
x. Automated meter reading systems located on utility poles provided:
(A) Antennas are less than eighteen (18) inches from the structure;
(B) Pole-mounted equipment is no more than fourteen (14) inches by twelve (12) inches by twelve (12) inches in size; and
(C) Equipment and antennas are used only by the owner of the utility pole.
2. Purpose. The purpose of this subsection is to address the issues of location and appearance associated with wireless telecommunications facilities. The purpose and intent of this subsection is to:
a. Provide adequate siting opportunities through a range of locations and options;
b. Minimize safety hazards and visual impacts sometimes associated with wireless communications technology;
c. Encourage the siting of facilities on existing buildings or structures and the collocation of several
providers’ facilities on a single-support structure; and
d. Encourage visual mitigation measures that maintain neighborhood appearance and reduce visual clutter in the city.
3. Standards.
a. Required Permits.
i. Administrative Use Permit. An administrative use permit must be obtained prior to placing wireless telecommunications facility antennas on the following existing buildings and structures:
(A) Any tower currently used by a permitted wireless telecommunication facility; provided, that the tower is in full compliance with all terms and conditions of its approval.
(B) City water company water tanks; provided, that only whip or panel antennas mounted on the side of the tank and which do not extend above the top of the tank may be so located.
(C) In Commercial Zones.
(1) Existing nonresidential buildings located within one hundred (100) feet of State Route 507 and Rochester Street. The wireless telecommunications facility must be a microcell or a minor facility.
(2) Existing light standards and power poles located in the ROW that are within one hundred (100) feet of State Route 507 or Rochester Street and do not increase the height of the light standard or power pole. The wireless telecommunications facility must consist of a single whip antenna not to exceed fifteen (15) feet in height or a tubular antenna not to exceed six feet in height.
ii. Conditional Use Permit. The following must obtain a conditional use permit prior to installation:
(A) New freestanding towers, which are only permitted in the industrial and public/public facilities zones.
(B) Repair and maintenance work that is not exempted under subsection (E)(1)(b) of this section.
(C) Expansion and/or alteration of existing wireless telecommunications facilities.
(D) All other wireless telecommunications facilities not meeting the criteria for an administrative use permit.
b. Collocation. The intent of collocation is to encourage several providers to use the same structure to keep the number of wireless telecommunications facility sites to a minimum as a means to reduce the overall visual effects throughout the community. The following procedures are required to further the intent of wireless telecommunications facility collocation:
i. A permit holder shall cooperate with other wireless telecommunications facility providers in collocating additional antenna on support structures and/or on existing buildings, provided said proposed collocates have received a permit for such use at said site from the city. A permit holder shall allow other providers to collocate and share the permitted site, provided such shared use does not give rise to a substantial technical level impairment of the permitted use (as opposed to a competitive conflict or financial burden).
ii. A signed statement indicating that the applicant agrees to allow for the potential collocation of additional wireless telecommunications facility equipment by other providers on the applicant’s structure shall be submitted by the applicant as part of the permit application. If an applicant contends that future collocation is not possible on their structure, they must submit a technical study documenting why.
iii. Wireless telecommunications facilities proposed for collocation on an existing support facility that do not involve an increase in height or expansion may be permitted through an administrative use permit; provided, that the applicant can document that the existing support facility is in full compliance with the conditions of its approval.
c. General Provisions.
i. Not an Essential Public Facility. Wireless telecommunications facilities are not considered essential public facilities as defined in the Growth Management Act and shall not be regulated or permitted as essential public facilities.
ii. FCC Licensing Required. The applicant must demonstrate that it is licensed by the FCC if it is required to be licensed under FCC regulations. The applicant, if not the telecommunications service provider, shall submit proof of lease agreements with an FCC-licensed telecommunications provider if they are required to be licensed by the FCC.
iii. Compliance with Dimensional Limitations. For purposes of determining whether the installation of a wireless telecommunications facility complies with development standards, such as, but not limited to, setback and lot coverage requirements, the dimensions of the entire lot shall control, even though a wireless telecommunications facility is located on a leased parcel within that lot.
iv. Signs Prohibited. No wireless equipment shall be used for the purpose of mounting signs or message displays of any kind.
v. Lighting. Wireless telecommunications facilities shall not be artificially lighted unless required by the Federal Aviation Authority (FAA) or other applicable authority.
vi. Consideration for Visual Effects. The city shall consider the cumulative visual effects of wireless telecommunications facilities mounted on existing structures and/or located on a given permitted site in determining whether the additional permits can be granted so as to not adversely affect the visual character of the city.
vii. Compliance with Design Standards. All wireless telecommunications facility installations shall comply with all relevant provisions of the city of Rainier design standards.
viii. Stealth and Screening.
(A) Stealth. Wireless telecommunications facilities, equipment, and equipment cabinets shall be screened or camouflaged through employing the best available technology. This may be accomplished by use of compatible materials, location, color, stealth technologies such as, but not limited to, artificial trees and hollow flagpoles, and/or other tactics to achieve minimum visibility of the facility as viewed from public streets or residential properties.
(B) Equipment Enclosures. Electronics equipment enclosures shall conform to the following:
(1) Screening of wireless telecommunications facility equipment enclosures shall be provided with one or a combination of the following: underground, fencing, walls, landscaping, structures, or topography which will block the view of the equipment shelter, as much as practicable, from any street and/or adjacent properties. Screening may be located anywhere between the enclosure and the above-mentioned viewpoints. Landscaping for the purposes of screening shall be maintained in a healthy condition; and
(2) No wireless equipment reviewed under this section shall be located within required building setback areas.
ix. Security Fencing. Security fencing, if used, shall conform to the following:
(A) No fence shall exceed six feet in height;
(B) Security fencing shall be effectively screened from view through the use of appropriate landscaping materials; and
(C) Chain-link fences shall be painted or coated with a nonreflective color, and shall have a minimum three-foot-deep area to be planted with approved plant species in a manner that will completely screen the fencing.
x. Electromagnetic Field (EMF) Standards. All wireless telecommunications facilities shall be operated in compliance with the following standards:
(A) The applicant shall comply with federal standards for EMF emissions. Within six months after the issuance of its operational permit, and annually thereafter, the applicant shall submit a project implementation report which provides cumulative field measurements of radio frequency (EMF) power densities of all antennas installed at the subject site. The report shall quantify the EMF emissions and compare the results with established federal standards. Said report shall be subject to review and approval of the city for consistency with the project proposal report and the adopted federal standards. If, on review, the city finds that the wireless telecommunications facility does not meet federal standards, the city may revoke or modify the permit. The applicant shall be given a reasonable time based on the nature of the problem to comply with the federal standards. If the permit is revoked, then the facility shall be removed.
(B) The applicant shall ensure that the wireless telecommunications facility will not cause localized interference with the reception of, but not limited to, area television or radio broadcasts. If upon review of a registered complaint the city finds that the wireless telecommunications facility interferes with such reception, the city may revoke or modify the permit. The applicant shall be given a reasonable time based on the nature of the problem to correct the interference. If the permit is revoked, then the facility shall be removed.
d. Application Requirements. Applications for a wireless telecommunications facility shall be in a form prescribed by the city of Rainier and at a minimum shall contain the following information:
i. Photosimulations of the proposed facility from affected residential properties and public rights-of-way at varying distances.
ii. A site plan clearly indicating the location, type and height of the proposed wireless telecommunications facility, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower, and any other proposed structures. A site elevation and landscaping plan indicating the specific placement of the facility on the site, the location of existing structures, trees, and other significant site features, and a complete description of all measures proposed to camouflage the facility, including the type and location of plant materials used to screen the facility, and the proposed color schemes for the facility and the method of fencing.
iii. A signed statement indicating that:
(A) The applicant and landowner agree they will diligently negotiate in good faith to facilitate collocation of additional wireless service facilities by other providers on the applicant’s structure or within the same site location;
(B) The applicant and/or landlord agree to remove the facility within ninety (90) days after abandonment;
(C) A signed statement from the owner of the site accepting the ultimate responsibility for the removal of abandoned facilities.
iv. Copies of any environmental documents required by any federal agency. These shall include the environmental assessment required by FCC Paragraph 1.1307, or, in the event that an FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment.
v. Evidence of site control.
vi. A current map showing the location and service area of the proposed wireless telecommunications facility, a map showing the locations and service areas of other wireless service facilities operated by the applicant and those proposed by the applicant that are close enough to impact service within the city.
vii. Legal description of the parcel.
viii. The approximate distance between the proposed tower and the nearest residential unit or residentially zoned properties.
ix. A letter signed by the applicant stating the wireless telecommunications facility will comply with all FAA regulations and EIA standards and all other applicable federal, state and local laws and regulations.
x. Certification that the antenna usage will not interfere with other adjacent or neighboring transmission or reception functions.
xi. If the facility is proposed for location in the city right-of-way or other public property, evidence of bonding and insurance in amounts prescribed by the city.
xii. Prepare and submit a copy of an acceptable franchise agreement for those facilities permitted in city right-of-way or other public property that shall be executable prior to completion of final inspection.
xiii. The application shall include documentation demonstrating compliance with the city of Rainier surface water requirements.
xiv. If applicable, the applicant shall include documentation as to how the proposed facility meets the specific requirements of the city of Rainier design guidelines.
xv. Application for a city business license that shall be issued upon approval of the appropriate use permit, and annual renewal thereafter.
e. Fees. It is the policy of the city of Rainier that applicants pay the full cost associated with processing an application.
i. The fees are established for all wireless telecommunications facility applications based on the adopted fee schedule for the required type of application.
ii. In addition to the application fee, the applicant shall reimburse the city for costs of professional engineers and other consultants hired by the city to review and inspect the applicant’s proposal when the city is unable to do so with existing in-house staff. These professional services may include but are not limited to: engineering, technical reviews, legal, planning, environmental review, critical areas review, financial, accounting, soils, mechanical and structural engineering. In the event that a project requires special staff analysis beyond that which is included in the base fee, the applicant shall reimburse the city at the adopted fee schedule staff rate for the staff conducting the review. The city may require the applicant to deposit an amount with the city to cover anticipated costs of retaining professional consultants or performing special staff analysis.
f. Standards for Approval of an Administrative Use Permit. A wireless telecommunications facility that requires administrative use approval must meet the following additional standards:
i. The wireless telecommunications facility consists of a microcell or a minor facility;
ii. The combined antennas and supporting hardware shall not extend more than fifteen (15) feet above the roof structure, or existing light or utility poles. Antennas may be mounted to rooftop appurtenances, provided they do not extend beyond fifteen (15) feet above the roof proper; and
iii. The antennas are mounted on a building, light standard or power pole such that they are located and designed to minimize visual and aesthetic impacts to surrounding land uses and structures and shall, to the greatest extent possible, blend into the existing environment. Panel and parabolic antennas shall be completely screened.
g. Standards for Approval of a Conditional Use Permit. A wireless telecommunications facility that requires conditional use approval must meet the following additional standards:
i. The applicant shall demonstrate that the wireless telecommunications facility tower is the minimum height required to function satisfactorily. No freestanding wireless telecommunications facility shall exceed forty-five (45) feet in height from the natural grade of the site. No freestanding wireless telecommunications facility that is taller than this height shall be approved. Height shall be measured to the top of the antenna(s).
ii. Placement of a freestanding wireless telecommunications facility shall be denied if placement of the antennas, on an existing structure, can meet the applicant’s technical and network location requirements.
iii. Monopoles shall be the only freestanding structures allowed in the city.
iv. A freestanding wireless telecommunications facility, including the support structure and associated electronic equipment, shall comply with all required setbacks of the zoning district in which it is located; except when on a lot adjacent to a residential use or residentially zoned property, then the minimum setback from the property line(s) of the adjacent residential use(s) shall equal the height of the proposed facility.
v. Freestanding wireless telecommunications facilities shall be designed and placed on the site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures so as to use existing site features:
(A) To screen as much of the total wireless telecommunications facility as possible from prevalent views; and/or
(B) As a background so that the total wireless telecommunications facility blends into the background with increased sight distances.
vi. In reviewing the proposed placement of a facility on the site and any associated landscaping, the city may condition the application to supplement existing trees and mature vegetation to more effectively screen the facility.
vii. Support structures, antennas, and any associated hardware shall be painted a nonreflective color or color scheme appropriate to the background against which the wireless telecommunications facility would be viewed from a majority of points within its viewshed. Proposed color or color scheme to be approved by the city.
h. Permit Limitations. Approved permits issued by the city for wireless telecommunications facilities shall be restricted by the following permit limitations:
i. Expiration after Approval. A permit for a wireless telecommunications facility shall expire five years after the effective date of the permit approval. A permittee wishing to continue the use of a specific wireless telecommunications facility at the end of the five-year period must apply for an application to continue that use at least six months prior to its expiration. The renewal application will be under an administrative use permit; provided, that no changes, modifications or additions to the wireless telecommunications facility are proposed or that no new facilities were developed since the date of the original or renewal permit.
ii. Renewal after Approval. Renewal applications that involve any changes, modifications or additions shall be processed as a new conditional use permit application and must conform to the development standards in place at the time the renewal application is deemed to be complete.
iii. Expiration. An approved permit shall be valid for one year from the date of the city’s approval, with opportunity for a six-month extension. If not used within one year, or within the extension period, the permit shall become null and void.
i. Assignment/Sublease. No facility, site or permit may be sold, transferred, assigned or sublet without written notification of and approval by the city. This notification shall include a statement acknowledging and accepting the terms and conditions of all permits issued for the site and/or facility, and:
i. Documentation that the site/facility is currently in full compliance with its permits and applicable city ordinances.
ii. A statement assuring ongoing compliance with all permits and applicable city ordinances.
j. Removal. In instances where a wireless telecommunications facility is to be removed, the removal shall be in accordance with the following procedures:
i. The operator of a wireless telecommunications facility shall notify the city upon the discontinuance of a particular facility. The wireless telecommunications facility shall be removed by the facility owner within ninety (90) days of the date the wireless telecommunications facility is discontinued, it ceases to be operational, the permit is revoked, or if the facility falls into disrepair or is abandoned. Disrepair includes structural features, paint, landscaping, or general lack of maintenance which could result in safety or visual impacts; and
ii. If the provider fails to remove the facility upon ninety (90) days of its discontinued use, the responsibility for removal falls upon the landholder on which the facility has been located. If the landholder fails to remove the facility within ninety (90) additional days, the city may cause the facility to be removed at the owner’s expense. (Ord. 665 § 31 (part), 2017)
A. All Accessory Uses.
1. Definition. An “accessory use” is a use that constitutes a minority of the use or character of the property and is secondary and subordinate to another use of the same property, but which is not an incidental use.
2. Standards.
a. An accessory use may only be permitted in association with an active, conforming primary use designated for the accessory use.
b. An accessory use must be abandoned upon abandonment of its primary use.
c. An accessory use shall be subject to all dimensional limitations and other development standards applicable to its primary use unless otherwise provided in this section.
d. A property with an accessory use shall not be subdivided in any way that results in the accessory use being owned separately from its primary use.
B. Accessory Dwelling Unit (ADU).
1. Definition. An “accessory dwelling unit (ADU)” is a dwelling unit that is secondary to a principal use of the property. The intent is that accessory dwelling units provide workforce housing.
a. Includes:
i. Employee apartment;
ii. Caretaker’s quarters;
iii. Mother-in-law suite;
iv. Guesthouse.
2. Primary Uses.
a. All open space uses;
b. Detached single-family unit.
3. Standards.
a. Number. One ADU is allowed per lot of record.
b. Density Calculations. ADUs are not included in residential density calculations.
c. Size. The maximum size of an accessory dwelling unit is one thousand (1,000) square feet of habitable floor area.
d. Design. The accessory dwelling unit must closely match the principal use’s design, color scheme, and roof materials whether attached to or detached from the principal structure.
e. Recreational Park Trailers. A recreational park trailer (RPT) may be used for an ADU if all the following standards are met:
i. The RPT is at least ten (10) feet wide;
ii. The RPT is no more than ten (10) years old on the date of installation;
4. The roof pitch must be at least 3:12;
5. The building official has certified that the unit meets the fire and life safety standards required for a residence;
6. The unit must be permanently anchored according to the manufacturer’s installation instructions or to the design of a professional engineer or architect licensed in Washington State;
7. The unit must be skirted around its entire perimeter; and
8. The RPT must comply with the Washington State Energy Code requirements of WAC 51-11-0301 (design criteria), and 51-11-0302 (thermal design parameters); and the mechanical ventilation requirements of the Washington State Residential Code, WAC 51-51-1508 (whole house ventilation).
C. Bed and Breakfast.
1. Definition. A “bed and breakfast” is a residential unit in which bedrooms are rented as lodging units.
2. Primary Uses.
a. Detached single-family unit.
3. Standards.
a. A bed and breakfast must have no more than four lodging units (bedrooms).
b. The owner or manager must reside in the dwelling unit.
c. No more than two family-style meals may be provided per twenty-four (24) hour period. The meal must be for the guests of the bed and breakfast only.
D. Home Occupation.
1. Definition. A “home occupation” is an accessory nonresidential use conducted entirely within a residential unit or on-site structure accessory to the residential unit. The intent of a home occupation is to allow residents of a dwelling unit to operate businesses or conduct commercial activity from their residence while retaining the residential character of the dwelling and the neighborhood.
a. Includes:
i. Offices (Section 18.44.070(B));
ii. Repair and maintenance of small appliances, TVs and electronics, furniture, garments, shoes and other leather goods, including tack;
iii. Tutoring or classes;
iv. Studios (e.g., art, handcraft, music).
b. Does not include:
i. Motor vehicle, commercial truck and heavy equipment, repair, bodywork, painting, washing and/or detailing services;
ii. Storage of:
(A) Motor vehicles, commercial trucks or heavy equipment;
(B) Used vehicle parts and/or used machinery in inoperable condition.
2. Primary Uses.
a. All residential uses;
b. Accessory dwelling unit.
3. Standards.
a. A home occupation must be operated by a person residing within the dwelling.
b. No one residing off site may be employed on the site of a home occupation.
c. The area devoted to the home occupation is limited to no more than twenty-five percent (25%) of the total habitable floor area of the dwelling. For the purposes of this standard, areas within attached garages, unfinished basements, and storage buildings are not considered habitable floor area but may be used for storing goods and materials associated with the home occupation.
d. Tutoring and classes shall be limited to two students at one time.
e. More than one home occupation may be allowed on a property. Each home occupation requires a separate use permit.
f. Window displays or other public displays of material or merchandise connected with the home occupation are prohibited.
g. No more than one wall sign, not to exceed two square feet in area, may be permitted.
E. Home Business.
1. Definition. A “home business” is an accessory nonresidential use conducted in conjunction with and on the site of a residential use in which employees are employed on site. The intent of a home occupation is to give small, local businesses a place to start. Home occupations are intended to be at a residential scale; once they grow beyond a certain size they can no longer be characterized as home occupations.
a. Includes:
i. Offices (Section 18.44.070(B));
ii. Services (Section 18.44.070(D));
iii. Building contractors and special trade contractors such as cabinetry, carpet and flooring, insulation, roofing, mechanical, and plumbing and heating;
iv. Schools (music, art, other);
v. Art studios and galleries.
b. Does not include:
i. Motor vehicle, commercial truck and heavy equipment, repair, bodywork, painting, washing and/or detailing services;
ii. Storage of:
(A) Motor vehicles, commercial trucks or heavy equipment.
(B) Used vehicle parts and/or used machinery in inoperable condition.
2. Primary Uses.
a. All residential uses;
b. Accessory dwelling unit.
3. Standards.
a. A home business must be operated by a person residing within the dwelling.
b. No more than two persons residing off site may be employed on the site of a home business.
c. The area devoted to the home business is limited to no more than forty percent (40%) of the total floor area on the property or two thousand (2,000) square feet, whichever is less.
e. Only one home business may be permitted on a property at any given time.
f. No more than three deliveries per week to the residence may be made by suppliers.
g. Traffic generated by a home business must not exceed sixteen (16) round trips per day. This includes deliveries and client-related trips.
h. All vehicles and materials must be stored within buildings.
i. All parking must be provided on site, and must be located to the rear of the structure or in another location that is visually unobtrusive.
j. Window displays or other public displays of material or merchandise connected with the home occupation are prohibited.
k. No more than one wall sign, not to exceed two square feet in area, may be permitted.
F. Drive-Up.
1. Definition. A “drive-up” facility is a commercial use catering to customers in vehicles.
a. Includes:
i. Drive-through restaurants;
ii. Drive-up banking facilities;
iii. Drive-through pharmacy.
2. Primary uses:
a. Office;
b. Retail;
c. Service;
d. Restaurant.
3. Standards:
a. If abutting land is in residential use, the drive-up facility must provide a fence, wall, or evergreen hedge at least six feet in height. Structures must be set back from the property line at least five feet; and 1.5 plant units per one hundred (100) linear feet of property boundary must be provided.
b. Entrances and exits must not cause congestion in any public right-of-way.
G. Home Day Care.
1. Definition. “Home day care” means the provision of care on a regular basis in a family setting for a group of no more than twelve (12) children or adults for periods of less than twenty-four (24) hours.
a. Does not include:
i. Babysitting;
ii. Childcare cooperatives;
iii. Foster care;
iv. Group homes.
2. Primary Uses.
a. All residential uses;
b. Accessory dwelling units.
3. Standards.
a. Each home day care must meet all applicable Washington State child care licensing requirements.
b. Structural or decorative alterations that detract from the single-family character of a residential structure in a residential zone are prohibited.
c. Hours of operation must be compatible with the neighborhood during the week. If care is provided on the weekends, hours of operation must not cause disruptions in the late evening or early morning hours.
H. Battery Charging Station.
1. Definition. A “battery charging station” is an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles.
2. Standards.
a. State Environmental Policy Act. Applications for battery charging stations shall be categorically exempt from review under the State Environmental Policy Act (see RCW 43.21C.410).
b. Accessibility. Charging equipment must not block or restrict pedestrian circulation areas and must not interfere with accessibility requirements of WAC 51-50-005.
Example: A charging station is located next to a public sidewalk. The charging equipment must be located so that access to the sidewalk is not blocked. (Ord. 665 § 31 (part), 2017)
A. All Temporary Uses.
1. Definition. A “temporary use” is a use established for a fixed period of time.
2. Standards.
a. The site occupied by a temporary use must be left free of debris, litter or other evidence of temporary use upon completion or removal of the use.
b. A temporary use must not occupy or use public rights-of-way, parks or other public lands in any manner unless specifically approved by the community development director.
c. A temporary use will expire after ninety (90) days unless an alternate expiration is set through the approval of the use permit.
d. A temporary use must obtain all required city permits, licenses or other approvals prior to establishing the use.
B. Yard Sale.
1. Definition. A “yard sale” is the sale of personal property from a private residential use.
a. Includes:
i. Garage sales;
ii. Rummage sales;
iii. Estate sales.
2. Standards.
a. A maximum of four yard sales per calendar year are allowed.
C. Christmas Tree Sale.
1. Definition. A “Christmas tree sale” is the outdoor sale of evergreen trees during the Christmas holiday season.
D. Farm Stand.
1. Definition. A “farm stand” means a temporary or permanent structure or vehicle used in the sale of regional farm products such as fruits, vegetables, and juices during the time of year when such products are fresh.
2. Standards.
a. Farm stands shall not be located on sidewalks or in other areas of public rights-of-way.
E. Temporary Real Estate Sales Office.
1. Definition. “Temporary real estate sales office” means a structure placed on a development site and used as a sales office or meeting place only during an initial period of marketing a project for sale or lease.
2. Standards.
a. A temporary real estate sales office shall only be on the site of a new development and shall sell only the lots or units on the site of the development.
b. The temporary real estate sales office shall be removed when seventy-five percent (75%) of all lots or units in the new development have been sold, leased, or rented.
F. Temporary Shelter.
1. Definition. “Temporary shelter” means a mobile or manufactured home or conventional camping unit temporarily occupied while a building with a valid building permit is being constructed.
2. Standards.
a. The temporary shelter may be permitted for a period not to exceed one year. An extension may be granted by the community development director for a period not to exceed two additional years for good cause.
b. A temporary shelter may also be permitted when fire or natural disaster has rendered an existing residential unit unfit for human habitation. A building permit for rehabilitation or reconstruction must be obtained within a reasonable period of time, as determined by the city council.
G. Temporary Gravel Processing.
1. Definition. “Temporary gravel processing” is washing and screening gravel extracted from the ground in association with a permitted construction project.
2. Standards.
a. Infrastructure. Projected traffic impacts shall be addressed according to AASHTO guidelines and the cost of all improvements required, on and off site, shall be borne entirely by the applicant. A payment to compensate for the additional wear and tear on city streets, as determined by the city engineer, also may be required of the applicant.
b. Hours of Operation. Hours of operation shall occur between eight a.m. and five p.m., Monday through Friday, unless otherwise specified by the city council. The hours of operation may be reduced to mitigate adverse impacts on nearby houses or extended to expedite the completion of an operation.
c. Setbacks. A minimum three hundred (300) foot setback from all property lines shall be provided. Written permission from adjacent property owners to reduce the required setback shall be obtained if necessary.
d. Duration. Duration of the gravel processing shall be no longer than six consecutive months. If a project is phased over two or more years, then the total number of days the gravel extraction and processing activities are conducted shall be no more than one hundred eighty (180) days.
e. Health and Safety Protection. The proposed gravel processing area shall be bermed, fenced, or otherwise enclosed, where necessary, for health and safety protection.
f. Grading and Erosion Control. Grading and erosion control requirements must be consistent with Chapter 12.08. (Ord. 665 § 31 (part), 2017)
This chapter establishes parking and loading standards for uses allowed in the city. The standards are intended to lessen congestion on streets and to ensure an adequate supply of parking and loading spaces within a reasonable distance of development. (Ord. 665 § 32 (part), 2017)
A. Required Parking and Queuing.
1. Required Parking. The table below establishes the minimum required parking spaces that must be provided for each use in this title. Where a minimum requirement is not listed in the table it shall be determined by the community development director upon finding the proposed use has a need for parking. Calculations that reference floor area are based on the gross floor area. Calculations that reference employees are based on the maximum number of employees normally on duty at any one time.
Required Parking DU = dwelling unit LU = lodging unit | |
|---|---|
Use | Parking Spaces |
Open Space Uses | |
Forestry | n/a |
Agriculture | n/a |
Residential Uses | |
Detached Single-Family Unit | 2 per DU |
Attached Single-Family Unit | 1.5 per DU |
Apartment | 1.5 per DU |
Group Home | 0.5 per bed |
Correctional Group Home | 0.5 per bed |
Lodging Uses | |
Conventional Lodging | 0.6 per LU |
Campground | 1 per campsite + 1 per 7.5 campsites |
Institutional Uses | |
Assembly | Independent Calculation |
Day Care Center | 0.5 per employee |
School | Independent Calculation |
Emergency Services | Independent Calculation |
Commercial Uses | |
Office | 1.5 per 1,000 sf |
Retail | 3 per 1,000 sf |
Service | 2 per 1,000 sf |
Restaurant/Bar | 5 per 1,000 sf |
Mobile Food Vendor | Independent Calculation |
Heavy Retail/Service | 2 per 1,000 sf + 3 per repair bay + 1 per wash bay |
Storage | Independent Calculation |
Nursery | 2 per 1,000 sf + 1 per 4,000 sf outdoor display area + 1 per employee |
Battery Exchange Station | Independent Calculation |
Sexually Oriented Business | 3 per 1,000 sf |
Amusement and Recreation | |
Amusement | 3 per 1,000 sf |
Outdoor Recreation | Independent Calculation |
Developed Recreation | Independent Calculation |
Industrial Uses |
|
Craft Food Production | Independent Calculation |
Light Industry | 0.5 per employee + 1 per company vehicle |
Heavy Industry | 0.5 per employee + 1 per company vehicle |
Disposal | 1 per employee + 1 per stored vehicle |
Landscape Supply Yard | 0.5 per employee |
Transportation and Infrastructure Uses | |
Parking | n/a |
Utility Facility | 1 per employee + 1 per stored vehicle |
Sewer Facility | 1 per employee + 1 per stored vehicle |
Wireless Telecommunications Facility | 1 per employee + 1 per stored vehicle |
Accessory Uses | |
Accessory Dwelling Unit | 1 per DU |
Bed and Breakfast | 0.75 per LU |
Home Occupation | n/a |
Home Business | 1 per employee |
Drive-Up Facility | n/a |
Home Day Care | 1 per employee |
Battery Charging Station | n/a |
Temporary Uses | |
Yard Sale | n/a |
Christmas Tree Sales | 1 per 1,000 sf outdoor display area + 1 per employee |
Farm Stand | 5 per 1,000 sf display area |
Temporary Real Estate Sales Office | 2 |
Temporary Shelter | 2 per DU |
Temporary Gravel Processing | 1 per employee |
2. Administrative Variance. The community development director may establish a lesser parking requirement pursuant to the procedure for administrative variances outlined in Section 18.20.080. The community development director must find, based on information from reliable sources, that a lesser standard is workable due to anticipated parking demand and alternative transportation services available.
3. Change of Use. An application for a change of use shall only be required to additionally provide the difference between the parking requirement of the existing use and proposed use, regardless of the actual parking that exists.
B. Shared Parking. If two or more uses occupy a site or structure, the required parking, queuing and loading shall be the additive total for each individual use unless the community development director determines uses are compatible for sharing parking based on the following standards.
1. Residential and Nonresidential Uses. A percentage of the parking spaces required for nonresidential uses may be considered shared with on-site residential uses in accordance with the table below, and the extent to which:
a. The residential use provides on-site employee housing; and
b. The location and design of the development enhance the shared parking function.
Percentage of Nonresidential Parking Spaces that May Be Shared | |
|---|---|
Nonresidential Use | Residential Use |
Retail | 25% |
Office | 75% |
Restaurant/Bar | 20% |
Service | 25% |
All Industrial | 75% |
Other Nonresidential | 20% |
2. Other Compatible Uses. Notwithstanding the standard percentages established in the table above, reductions in total parking requirements between and among any uses may be granted in one or more of the following circumstances:
a. When it is intended that patrons frequent more than one use in a single trip (example: lodging and restaurant);
b. When operating hours are substantially different (example: movie theater and office);
c. When peak trip generation characteristics are substantially different (example: lodging and retail).
C. Required Disability Parking. Disability parking requirements defer to the adopted building code.
D. Required Bicycle Parking. All nonresidential uses must provide on-site parking spaces for use by nonmotorized vehicles.
1. Standard. One bicycle parking space must be provided for every ten (10) vehicle spaces required.
2. Required Facilities. Bicycle parking requirements must be fulfilled through the installation of lockers, racks, or equivalent structures in or upon which a bicycle may be locked by the user. All racks must be securely anchored to the ground or building surface. Racks must be designed to accommodate U-shaped locks.
3. Location. Bicycle parking must be located in a clearly designated, safe and convenient location. A safe parking location is defined as a location whereby activity around bicycle parking is easily observable, conveniently located to the bicyclist’s destination, and adequately separated from motor vehicles and pedestrians. Surfaces around bicycle parking facilities must be maintained and mud-free.
E. Required Loading. A structure, or a complex of structures, that contains uses requiring deliveries or shipments must provide loading facilities. The loading facilities must be designed so as not to interfere with any emergency or disability access. An application must address how the specific loading needs of the proposed use are being addressed.
F. Required Queuing Spaces.
1. Drive-Up Facility. Drive-up facilities must have at least three queuing spaces per service lane. (Ord. 689 § 6, 2020; Ord. 665 § 32 (part), 2017)
A. On Site, Off Street. Unless a shared parking agreement is approved, all parking spaces, aisles, and turning areas must be located off street and entirely within the boundaries of the land served.
B. Off Site, Off Street. Required parking may be provided off site with the approval of a shared parking agreement. The off-site parking must be within one thousand (1,000) feet of the use it serves as measured along an established pedestrian route. A deed restriction may be required to ensure the off-site parking is permanent.
C. Off Site, On Street. Required parking may be provided on the street if allowed in the zone. See the zone-specific standards found in Chapters 18.41 through 18.43 for more information.
D. Parking Areas Must Not Encroach. Off-street parking spaces, aisles, and turning areas must not encroach on any road or other public right-of-way. Parked vehicles must not encroach into any road or public right-of-way. (Ord. 665 § 32 (part), 2017)
A. General. All off-street parking and loading areas shall be maintained adequately for all-weather use and be properly drained.
B. Storage Prohibited. Off-street parking spaces shall be available for the parking of operable passenger automobiles of the residents, customers, patrons, and employees of the use for which they are required by this chapter. The storage of inoperable vehicles or materials, or the parking of delivery trucks in such spaces shall be prohibited.
C. Display of Vehicles for Sale. Vehicles shall not be displayed for sale in nonresidential parking areas except licensed bona-fide automobile dealerships, and excepting casual display by vehicle owners who are employees or patrons present on the premises at the times of such display.
D. Repair Work Prohibited. No repair work that renders the vehicle inoperable for more than twenty-four (24) hours shall be permitted on off-street parking or loading facilities. (Ord. 665 § 32 (part), 2017)
All off-street parking and loading facilities shall meet the following design standards:
A. Surface and Drainage.
1. Paving Required.
a. Outdoor, off-street parking and loading areas, aisles and access drives must be paved, except parking areas, aisles and access drives for detached single-family units, which may be gravel.
b. The community development director may approve another surface pursuant to the procedure for administrative variances outlined in Section 18.20.080. The community development director must find, based on information from reliable sources, that an alternative surface is warranted and appropriate.
2. Paving Standards. Paved parking and loading areas, aisles and access drives shall be paved with concrete, grasscrete, paving blocks, asphalt, or another all-weather surface.
3. Landscape Islands. Parking lots shall include landscaped islands to avoid large expanses of asphalt and shall be screened from off-site, or their view substantially filtered by, vegetation.
4. Compaction and Drainage. Parking and loading areas, aisles, and access drives shall be compacted and paved or surfaced in conformity with applicable specifications to provide a durable surface, shall be graded and drained so as to dispose of surface water runoff without damage to private or public land, roads, or alleys, and shall conform with any additional standards for drainage prescribed by this title, or other applicable regulations and standards.
B. Access and Circulation Standards.
1. Unobstructed Access. Each required parking space must have unobstructed access from a road or alley, or from an aisle or drive connecting with a road or alley except for approved tandem parking.
2. Tandem Parking. Tandem parking (one vehicle parking directly behind another) is not permitted, and shall not be credited toward meeting any parking requirement of this chapter except for residential uses not exceeding four units on one lot; provided, that the tandem parking spaces are assigned to the same residential unit.
3. Backing onto Roads and Public Streets Prohibited. Except for parking facilities serving detached single-family residential lots and parking facilities accommodating four or fewer vehicles, all off-street parking spaces must open directly onto a parking aisle and be designed so that they will not be necessary for vehicles to back out into any road or public street.
4. Traffic Interference Prohibited. All off-street parking and loading facilities must be designed with access to a street or alley in one or more locations that cause the least interference with traffic movements.
5. Nonresidential Use Access Drive Width. Access drives to nonresidential uses shall have a minimum width of twelve (12) feet for drives posted as one-way or twenty-four (24) feet for two-lane drives.
6. Access Drive Intersections. Intersections of parking lot aisles shall be at least forty (40) feet from a curb cut.
C. Parking Facility Dimensions.
1. Parking Space Dimensions.
a. Width.
i. Standard Parking Space. A parking space shall be nine feet in width.
ii. Compact Parking Space. A compact parking space shall be at least 8.5 feet in width.
b. Length.
i. Standard Parking Space. A standard parking space shall be eighteen (18) feet in length.
ii. Compact Parking Space. A compact parking space shall be at least fifteen (15) feet in length.
iii. Overhang with Wheel Stop. The length of parking spaces may be reduced by two feet, including the wheel stop, if an additional two feet of length is provided for the front overhang of the car. The overhang must not reduce the width of an adjacent walkway to less than four feet in width.
iv. Alley Access. Any parking space accessed directly from an alley shall have a minimum length of twenty-two (22) feet.
v. Parallel Parking Space. All parallel parking spaces shall have a minimum length of twenty-two (22) feet.
c. Vertical Clearance. Parking spaces shall have a vertical clearance of at least seven feet.
2. Parking Module Dimensions. The table below specifies the minimum widths for parking rows, aisles, and modules. The figures below illustrate the standards.
Minimum Dimensions for Parking Modules | |||||
|---|---|---|---|---|---|
| Spacing Angle | ||||
| Parallel | 30˚ | 45˚ | 60˚ | 90˚ |
Single Row of Parking |
|
|
|
|
|
Parking Space Depth | 9' | 17' | 19' | 20' | 18' |
Drive Aisle Width | 12' | 12' | 13' | 18' | 24' |
Total Module Width | 21' | 29' | 32' | 38' | 42' |
Two Rows of Parking |
|
|
|
|
|
Parking Space Depth | 9' | 17' | 19' | 20' | 18' |
Drive Aisle Width | 12' | 12' | 13' | 18' | 24' |
Total Module Width | 30' | 46' | 51' | 58' | 60' |
Single Row of Parking
Two Rows of Parking
3. Gravel Area Dimensions. The minimum size of a gravel parking area shall be ten percent (10%) larger than required of a paved area.
4. Queuing Space Design Standards. Queuing spaces shall be a minimum of twenty (20) feet in length and ten (10) feet in width. All required queuing must be contained on site, must not encroach into any public right-of-way, and must not be designed so as to block entry or exit from other on-site parking. (Ord. 665 § 32 (part), 2017)
A. Purpose and Intent. Performance standards address the operational aspects of a use or activity and its impact on other adjacent uses, the community, and the public. The intent of these performance standards is to protect public health and general welfare and minimize the adverse impacts a use or activity may have on nearby properties and uses.
B. Operator Responsibility. The operator/proprietor of a permitted use or activity is responsible for providing reasonable evidence and technical data to demonstrate that the use or activity is or will be in compliance with the standards of this chapter.
C. Compliance Required. The operator/proprietor must comply with the standards of this chapter whether or not the city requires the operator/proprietor to submit evidence and technical data demonstrating compliance. (Ord. 665 § 33 (part), 2017)
A. Recreational Vehicles. Storing or parking recreational vehicles or sporting vehicles on a residential property is allowed subject to the following standards:
1. Recreational and sporting vehicles must not be stored on a noncontiguous lot where no residential use exists.
2. No more than two recreational and/or sporting vehicles or equipment may be stored outside on residential property.
3. Recreational vehicles and equipment must be screened from view of surrounding neighbors to the maximum extent feasible.
4. Recreational and sporting vehicles must not be used as a dwelling.
5. Recreational and sporting vehicles must be stored on a parking pad or in the driveway of the residence. The vehicle must not be located within the public right-of-way.
6. The parking pad must have a durable surface.
B. Outdoor Storage Areas and Yards. Outdoor storage areas and yards may be allowed in nonresidential and special purpose zones subject to the following standards:
1. Outdoor storage areas and yards must be paved with asphalt or concrete, including contractor storage yards and areas where vehicles or heavy equipment will be parked or stored.
2. Non-vehicle storage areas such as those for materials may utilize alternative surface materials if the following standards are met:
a. A plan is submitted and approved showing paved and unpaved portions of the outdoor storage area and yard; and
b. Hazardous materials must not be stored or used in unpaved areas.
3. The storage area must be screened and fenced pursuant to Section 18.48.100, Landscaping.
C. Shipping Containers and Compartments. Shipping containers and compartments are manufactured corrugated metal containers originally designed to hold cargo on trucks, trains or ships. The containers are usually eight feet wide and twenty (20) to forty (40) feet long.
1. Temporary Construction Storage Allowed in All Zones. Shipping containers may be used for temporary storage of materials and equipment while construction of subdivision improvements or a building occurs. The shipping container must be removed prior to any required final inspection or certificate of occupancy.
2. Prohibited in Residential Zones. Placement, storage, or use of shipping containers for purposes other than temporary construction storage shall be prohibited in all residential zones.
3. Screened in Nonresidential and Special Purpose Zones. No more than one shipping container per development site may be placed, stored, or used in nonresidential and special purpose zones. The shipping container must be screened from view using Type V area screening. See Section 18.48.100, Landscaping, for landscaping requirements.
4. Setbacks Required. An approved shipping container must meet the setback requirements of the zone in which it is located. (Ord. 665 § 33 (part), 2017)
Trash and recycling enclosures shall be provided for all nonresidential uses and multifamily developments of five or more units. Enclosures must:
A. Be of similar material and color to the building;
B. Be entirely enclosed, with the side facing the street or alley to be a gate whenever feasible;
C. Provide adequate space for recycling as determined by the city; and
D. Be consolidated wherever possible. (Ord. 665 § 33 (part), 2017)
A. The provisions of Chapter 8.16, Noise Control, apply.
B. Frequent, repetitive or continuous sounds emanating from any use or facility must not exceed 75 decibels at the property line. Transportation facilities and temporary construction work are exempt from this requirement.
C. The owner and/or operator of a use or facility must provide noise reading data for noise levels at all property lines if the code enforcement officer determines or has reason to believe that noise levels are being exceeded. (Ord. 665 § 33 (part), 2017)
Vibrations that are discernible at the property line without the use of an instrument are prohibited. (Ord. 665 § 33 (part), 2017)
Emission of odorous gases or other odorous matter released from any operation or activity in such quantities so as to be obnoxious beyond the property lines is not permitted. The odor threshold is defined as the concentration in the air of a gas or vapor that evokes a response in the human olfactory system. (Ord. 665 § 33 (part), 2017)
Direct or reflected light or glare that is visible beyond the property lines or skyward shall be prohibited. (Ord. 665 § 33 (part), 2017)
The regulations of the Federal Occupational Safety and Health Administration standards apply for all radioactivity and electrical disturbances unless local codes and ordinances supersede this federal regulation. (Ord. 665 § 33 (part), 2017)
A. This section, in conjunction with other chapters and sections of the development code, provides specific minimal development standards and methodologies for applying development standards.
B. These development standards are applicable to all land development and uses, including improvements, intensifications, changes in use, or building and development permits and land use approvals and actions. (Ord. 548 § 2 (Exh. C) (part), 2007)
A. All new development, improvements, expansions, or intensifications of existing uses shall be connected, at applicant’s expense, to a primary infrastructure system to support the use.
B. If primary infrastructure is not available to the site or the existing infrastructure does not contain sufficient capacity to support the proposed development, the city may not:
1. Issue development permits which would allow for an increase in the amount of infrastructure demand generated from the site; or
2. Permit subdivision of the property that requires the increased potential development or demand for infrastructure.
C. Primary infrastructure includes, but is not limited to:
1. Stormwater;
2. Police, fire, and emergency medical service;
3. Water;
4. Transportation and transit facilities;
5. Electrical;
6. Septic systems or, when available, sanitary sewers;
7. Schools; and
8. Parks. (Ord. 548 § 2 (Exh. C) (part), 2007)
A. The maximum density of each zoning district is the maximum number of dwelling units allowed per net buildable area of an acre, and is expressed as a ratio, i.e., one dwelling unit per net buildable acre. The minimum lot size does not determine maximum density.
B. Gross area is the total sum area of the lot. The required critical area buffers and all legally recorded private access easements shall not be subtracted from the gross area.
C. The required lot area is the buildable area of a lot remaining after public and/or private rights-of-way and critical areas/buffers are subtracted from the gross area (Figure 18.48-1 below). However, critical areas/buffers can be accredited for density purposes subject to Section 18.104.060, Transfer of development rights—Density transfer program. In addition, until a primary sewer system is operational, the public and/or private rights-of-way can be counted as though they are a portion of the required lot area for purposes of minimum lot size in the creation of lots within subdivisions or for boundary line adjustments.
Figure 18.48-1—Gross Area
(Ord. 610 § 9, 2012: Ord. 548 § 2 (Exh. C) (part), 2007)
A. Setback Measurement. The minimum required distance between any structure and a specified line such as a property line, easement, critical area and/or buffer, or an established public or private street right-of-way or any other private or public space that is required to remain free of structures unless otherwise provided herein. Setbacks are also measured from any future rights-of-way based on that road classification width.
B. Designation of Required Setbacks. All lots must contain at least one front yard setback except pipestem lots. A front yard setback shall be required abutting each right-of-way on corner lots and through lots. All lots must contain one rear yard setback except for corner, through, and pipestem lots. All other setbacks will be considered interior yard setbacks.
C. Corner Lot Exception. A lot that abuts the intersection of two or more rights-of-way is allowed to have one of the front yard setbacks reduced to ten (10) feet, provided the reduced yard does not abut a state highway or major arterial.
D. Through Lots. If a lot abuts two or more rights-of-way, the front yard setback for the frontage not providing primary access may be reduced to ten (10) feet, provided the reduced yard does not abut a state highway or major arterial.
E. Pipestem or Flag Lots. A flag lot shall have setbacks of twenty (20) feet from all property lines for both principal and accessory structures.
1. Flag lots in residential zones (LDR1/1, MDR4/1 and HDR6/1) shall have a minimum frontage of twenty (20) feet on a public road or street from which access is taken. If such frontage does not exist, an easement to a public road or street shall be a minimum of twenty (20) feet in width.
Figure 18.48-2—Required Setback Designations
2. Flag lots in nonresidential zones (MU, C-1, C-2, I, and P) shall have a minimum frontage of twenty-four (24) feet on a public road or street from which an access way is taken. If such frontage does not exist, an easement to a public road or street shall be a minimum of twenty-four (24) feet in width.
F. Front Yard Setback Averaging. Averaging may be used to reduce a front yard setback requirement when a principal building has been established on an adjacent lot within the required yard. This provision shall not apply if the adjacent lot has received a reduced setback based upon a discretionary land use approval. This exception shall be calculated as follows:
1. Averaging shall be calculated by adding the existing front yard setbacks of the adjacent lots together and dividing that figure by two.
2. In the case of a corner lot or when an adjacent lot is vacant, averaging shall be calculated by adding the front yard setback of the adjacent developed lot with the minimum front yard setback of the zone in which the construction is proposed and dividing that figure by two.
G. Slopes. If the topography of a lot is such that the minimum front yard setback line is eight feet or more above the street grade, and there is no reasonable way to construct a driveway up to the dwelling unit level, a garage/carport may be built into the bank and set at least five feet back from the right-of-way.
H. Accessory Structures—Interior Yard Exception. Detached, one-story accessory structures may occupy twenty-five percent (25%) of the total area of an interior yard and shall maintain a minimum three-foot setback, including any projections for the accessory structure (see Section 18.40.120, Accessory uses, for additional requirements).
I. Accessory Structures—Rear Yard Exception. Detached, one-story accessory structures may occupy fifty percent (50%) of the total area of a rear yard and must maintain a three-foot setback, including any projections for the accessory structure (see Section 18.40.120, Accessory use category, for additional requirements).
Figure 18.48-3—Accessory Use Setback Exception
J. Bus Shelters. Bus shelters for school district or transit authority purposes may be located within a front yard setback when located on private property if they do not exceed fifty (50) square feet of floor area and one story in height; provided, that all applicable site distance requirements of the currently adopted site development regulations are met.
K. Projection Exception. For principal buildings and ADUs, fireplace structures, bay or garden windows, enclosed stair landings, ornamental features, or similar structures may project into any setback, provided such projections are:
1. Limited to two per required yard.
2. Not wider than ten (10) feet.
3. Not more than two feet into an interior or rear yard setback.
4. Not more than three feet into a front yard setback.
5. Uncovered porches and decks which do not exceed thirty (30) inches from finished lot grade may project into any setback, provided such projections do not extend more than five feet into a front yard setback.
6. Wheelchair ramps may project into any required setback.
7. Eave overhangs may project two feet into any required setback.
L. Rear Yards—Exception.
1. In the case of triangular or otherwise irregularly shaped lots, a line ten (10) feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line, may be considered the rear lot line at the owner’s discretion (Figure 18.48-4).
Figure 18.48-4—Rear Yard Exceptions
2. For lots abutting a shoreline pursuant to the Shoreline Management Regulations, the ordinary high water mark may be considered the rear lot line for purposes of setbacks.
M. Interior Yards—Exception. Lots located in an LDR1/1 classification that are one hundred (100) feet or less in width may reduce each interior yard setback to ten percent (10%) of the lot width. In no case shall the setback be less than three feet unless a variance is approved.
N. Height Standards.
1. Building Height. The height of a building is the vertical distance from the average elevation of the finished grade on each corner of a building to the top of a flat or shed roof, or the deck level on a mansard roof, and the average distance between the bottom of the eaves to the highest point of a pitched, hipped, gambrel, or gable roof.
2. Structure Height. The height of all structures (except buildings) is the vertical distance of a structure measured from the average elevation of the finished grade surrounding the structure to the highest point of the structure. Flagpoles shall not exceed forty-five (45) feet in height from the average grade. All such poles shall be placed so as to neither obstruct nor obscure adjacent property owners’ lines of vision. Such poles shall not display more than three flags at any one time. All structures greater than six feet in height require a building permit.
Figure 18.48-5—Building Heights
3. Measurement—Height of a Fence/Retaining Wall. The height of a fence shall be measured from a point on the ground immediately adjacent to the fence to the top of the fence. The height of a fence located on a rockery, retaining wall, or berm shall be measured from the ground on the high side of the rockery, retaining wall, or berm to the top of the fence. Net fences, such as those used on golf courses and/or driving ranges shall not be higher than thirty-five (35) feet and shall meet the setbacks required for structures. The top of a fence shall include all attachments, ornamentations, and security devices such as barbed wire. All structures greater in height than six feet require a building permit. Fences are limited to no more than four feet in height beyond the front of the principal building or structure in front yards and may be built to the property lines unless otherwise provided.
Figure 18.48-6—Fence Height
4. Exceptions. Height standards shall not apply to the following:
a. Church spires, belfries, domes, chimneys, antennas, satellite dishes, ventilation stacks, or similar structures, provided the structure is set back one additional foot for every foot said structure exceeds the height limitation in the underlying zone classification.
b. Rooftop mechanical equipment. All rooftop mechanical equipment may extend ten (10) feet above the height limit of the zone, provided all equipment is set back ten (10) feet from the edge of the roof.
c. These exceptions still require a building permit.
O. Lot Width Measurement.
1. When a lot has four sides or has more than four sides and has an essentially rectangular or pie shape, the lot width shall be the horizontal distance between the side lot lines measured at right angles to the line comprising the depth of the lot at a point midway between the lot front and the lot rear line.
2. For pipestem or flag lots, the access easement or lot extension shall not be included in determining the width or depth of the lot.
3. For lots with more than four sides that are irregular in shape, lot width shall be measured at the widest portion of the lot between the side lot lines. (Ord. 548 § 2 (Exh. C) (part), 2007)
A. Residential detached accessory structures which are less than two hundred (200) square feet in size and not higher than ten (10) feet, including garden sheds or greenhouses or combination of both; children’s play equipment; arbors; and gazebos, placed in a rear half of a lot shall have a minimum three-foot setback. Attached accessory structures must meet the same setbacks as the main building.
B. In the single-family (LDR1/1, MDR4/1, and HDR6/1) zoning districts, garages or other accessory buildings greater than two hundred (200) square feet but not exceeding a total of fifty percent (50%) rear yard lot coverage or twenty-five percent (25%) side yard coverage, which do not exceed fourteen (14) feet in height, may be placed within the rear or interior yard.
1. The structure must maintain a minimum five-foot setback, unless the zoning district allows a lesser setback; and
2. Be located at least six feet from a primary structure located on an adjacent property.
C. Pools, hot tubs, and similar accessory structures may not be located in the rear or interior yard setbacks.
D. Areas for automobiles shall be designed in such a manner that adequate visibility is ensured for ingress and egress.
E. Every building hereafter erected or moved shall be on a lot adjacent to a public street or with access to an approved private street, and all structures shall be located on lots as to provide safe and convenient access for servicing and provide for required off-street parking.
F. Parking areas shall have a durable surface. If the parking area is within one hundred (100) feet of an adjacent lot, the parking area shall be concrete, asphalt or other paved or solid surface to not create a dust problem for neighbors. (Ord. 548 § 2 (Exh. C) (part), 2007)
A. Within the zoning districts established by this division, or as amended, lots, uses, and structures may exist that were lawful when established but no longer conform to the provisions and standards of the zoning district in which they are located. Nonconformities may adversely affect the development and redevelopment of the city consistent with the provisions of the comprehensive plan. This section provides for the regulation of these legally existing nonconformities and attempts to balance the rights of property owners to continue the use of their properties and the perpetuation of uses envisioned under the city’s comprehensive plan and this division. These standards specify the circumstances, conditions, and procedures under which such nonconformities are permitted to endure.
B. This section shall apply to legally existing nonconformities, except the following:
1. Nonconforming sexually oriented businesses as defined in Section 18.44.070, Sexually oriented business, which shall instead be governed by standards set forth in that section.
2. Nonconforming signs as defined in Section 18.48.130, Signs, which shall instead be governed by standards set forth in that section.
3. Nonconforming personal wireless telecommunications facilities as defined in Section 18.44.100(E), Wireless telecommunications facility, which shall instead be governed by standards set forth in that section.
4. Permit applications at the time of this division’s passage that constitute vested development shall instead be governed by existing standards. Future plans to further develop property shall not constitute a basis for nonconformity status, whether or not documented in public record, except when they constitute a vesting. Nothing in this section shall be construed to require a change in plans, construction, or intended use related to vested development, though it may thereafter be regulated as nonconformity.
5. Single-family residences within the core commercial (CC) zoning district may rebuild to no more than one hundred twenty-five percent (125%) of the home’s square footage due to damage or destruction, based on assessor records of the prior square footage. Restoration or replacement of the single-family home shall commence within one year from the date of the damage. Setbacks and other site development standards for restoration or replacement of a damaged or destroyed single-family home shall be based on criteria of Section 18.40.070, MDR4/1 zoning district.
C. The provisions of this section apply only to nonconformities that were lawful, either by right or by discretionary permit, when initially established and these provisions may not be used as an alternative to removal or cessation of activities, structures, and uses which were illegal at the time of their establishment. This provision shall not apply to dwelling units located in residential zones or in established mobile home parks, which may be reconstructed or replaced with no substantial change in floor area or other nonconforming feature.
D. The entire contiguous ownership of land shall be considered as a single parcel of land for determination of nonconformance as a consideration of development. A record of separate lot or parcel boundaries shall be disregarded. It is recognized that the dimensions of some nonconforming lots of record are so constrained that meeting some development regulations such as setbacks would render such lots essentially unbuildable. The city will consider unusual hardships in reviewing applications for such development. Pursuant to Section 18.20.080, Variances, variances may be granted in such instances based on individual circumstances and may be conditioned such that negative effects on the surrounding area are mitigated.
E. Nonconforming lots may not be altered in any way that would increase the degree of nonconformity; provided, this does not preclude acquisition or dedication of additional public rights-of-way when deemed necessary by the designee.
F. Nonconforming Uses. Nonconforming uses may continue to operate as provided below:
1. Routine maintenance and repairs may be performed on land or structures containing a nonconforming use.
2. A nonconforming use shall not be changed to another nonconforming use.
3. Nonconforming uses outside of a structure, which occupy only a portion of a lot, may not be expanded to any other portion of the property.
4. Nonconforming uses may not be materially expanded unless such expansion is required by law or a public agency in order to comply with public health, safety or welfare regulations.
5. All applicable construction permits must first be obtained for any such work.
G. Nonconforming Structures. Maintenance, minor improvements and minor alterations to nonconforming structures are allowed to prevent them from becoming blighted and having detrimental impacts on the surrounding neighborhood.
H. Nothing in this section shall be construed to prevent the strengthening or restoring to a safe condition any nonconforming structure or part thereof declared to be unsafe by the building official or other proper authority. No structure partially occupied by a nonconforming use shall be moved, altered, or enlarged in such a way as to permit the enlargement of the space occupied by the nonconforming use. Alterations or expansions of nonconforming structures which are required by law or a public agency in order to comply with public health, safety or welfare regulations are allowable, even if in conflict with other provisions of this division. All applicable construction permits must first be obtained for any such work.
I. The burden of demonstrating that nonconformity is lawful under this division rests with the property or business owner. Some examples of evidence that may indicate legal nonconforming status include: tax assessment records, construction or other permit records, personal or business income tax records, business license records, dated past advertising, dated business receipts to customers, dated rent receipts, affidavits from neighbors or tenants, testamentary documents, photographs whose date may be clearly ascertained, and other such information which is competent and factual. The city may, at its discretion, request such records from a property or business owner as a basis for determining whether nonconformity was legally established and preexisting.
J. Termination of Nonconforming Status. A nonconforming development or use shall terminate under the following conditions:
1. When the use has been abandoned for a period of six or more months.
2. When the structure, which is nonconforming, has been damaged or destroyed to an extent exceeding fifty percent (50%) or more of its fair market value as indicated by the records of the Thurston County assessor.
K. Provided, that damaged uses that are allowed to reestablish, as provided in subsection (L) of this section, shall not be considered to be terminated. Once terminated, the use shall not be reestablished, and any subsequent use must comply with the regulations of the zoning district in which it is located.
L. Damage or Destruction.
1. If a nonconforming use or structure is damaged or destroyed by any means to the extent of fifty percent (50%) or more of the last assessed value, it may not be reestablished except in compliance with the regulations of the zoning district in which it is located.
2. If a nonconforming use or structure is damaged due to an involuntary event of fire, natural disaster or other casualty, to the extent of less than fifty percent (50%) of fair market value, it may be restored to substantially the same extent of nonconformance as preexisted the damage; provided, that all applicable construction permits are obtained prior to commencement of demolition and reconstruction. This provision shall not be construed as reducing any requirements of construction standards in effect for rebuilt structures. Restoration or replacement shall commence within one year from the date of damage.
M. The transfer of ownership of a nonconforming lot, use, or structure will not alter its legal nonconforming status.
N. By their nature, nonconformities can be unique and difficult to identify and equitably regulate. If questions arise with regard to nonconforming status or replacement when abandonment, damage, or destruction has occurred, the designee is hereby empowered to issue case-by-case determinations based on individual circumstances. Such determinations will constitute administrative determinations as set forth in Section 18.20.020, Administrative interpretations, and shall be appealed pursuant to Section 18.16.090, Process II—Administrative action. (Ord. 616 § 2 (part), 2012; Ord. 575 § 12, 2009; Ord. 548 § 2 (Exh. C) (part), 2007)
A. Purpose and Intent. The purpose of these landscaping standards is to establish consistent and comprehensive landscaping provisions. The intent is to provide minimum landscaping requirements that:
1. Avoid large, unbroken expanses of concrete, asphalt, and other impervious surfaces;
2. Screen or soften parked vehicles, buildings, and structures as viewed from off site;
3. Provide attractive, pleasing streetscapes;
4. Better define and organize vehicular and pedestrian spaces; and
5. Encourage citizens and owners of business and industrial developments to participate in rejuvenating the city’s appearance.
B. Applicability. These landscaping standards apply to the following types of development:
1. Any permit to construct a single-family dwelling, multifamily development, or any nonresidential development that is not an open space use defined by Section 18.44.030.
2. Any permit to construct an addition of two hundred (200) square feet or more to a multifamily or nonresidential development.
3. Any proposal that adds five hundred (500) square feet or more of impervious surfaces.
C. Administrative Variances. Exceptions to the requirements of this section may be allowed through the administrative variance process found in Section 18.20.080. At a minimum, the applicant must provide an alternative conceptual landscape plan, supporting photographs, and a brief explanation as to how the alternative plan satisfies the purpose and intent of this section.
D. Landscape Plan. A landscape plan must be submitted for review, along with the appropriate application for a building permit or site development permit. Single-family dwellings are exempt from having to provide a landscape plan but must be landscaped in accordance with the remaining standards of this section.
1. Standards. The landscape plan must comply with the following standards.
a. Professional Preparation Requirements. For multifamily projects with five or more units and commercial developments consisting of twenty-five thousand (25,000) square feet or more of gross floor area, the landscape plan must be prepared by a landscape architect registered in the state of Washington. For all other projects, the landscape plan may be prepared by a nurseryman or landscaper. The community development director or designee may waive this requirement.
b. Landscape Plan Requirements. At a minimum, the landscape plan must include all of the following elements:
i. Existing Vegetation. A map identifying all trees six inches in diameter at breast height or greater within areas proposed for clearing and within twenty-five (25) feet of any area to be cleared. All significant trees must be clearly labeled. In addition, all trees or shrubs proposed to be retained and counted towards complying with the landscaping standards of this section must be mapped.
ii. Plant Schedule. A plant schedule, identifying symbols, quantity, size, and type of all proposed landscaping and existing vegetation proposed for credit.
iii. Planting Plan. The planting plan must indicate the location of all proposed landscaping and existing landscaping proposed for credit.
iv. Irrigation Statement. An irrigation statement describing how plant material will be irrigated for a minimum three-year period or until plant establishment.
v. Erosion Control. A description of how erosion is to be controlled on site, both permanently and during construction.
vi. Cost Estimates. Cost estimates to implement the landscape plan.
c. Approval and Bond Required. Prior to issuing a certificate of occupancy or conducting a final inspection for a site development permit that requires a landscape plan, a performance bond for completion of the approved landscape plan must be submitted to the city pursuant to Section 18.12.120, Security mechanisms.
2. Findings for Approval. A landscape plan must be approved upon finding the plan adequately:
a. Softens the visual impact of development;
b. Screens incompatible uses from surrounding residential and nonresidential development;
c. Where applicable, provides a buffer between zones; and
d. Provides an attractive, pleasing streetscape.
E. General Landscaping Requirements.
1. Vegetation Required. All landscaped areas proposed for vegetation must be planted with lawn, pasture, or native groundcover unless such vegetation is already fully established. Once landscaped, landscaped areas must be maintained to support plant life.
2. Credit for Existing Vegetation. Each existing tree or shrub retained may be credited on a two to one basis for purposes of complying with landscaping requirements. Retained vegetation must:
a. Meet the minimum requirements established in subsection (E)(7) of this section;
b. Be located in or within five feet of a required landscape buffer;
c. Be in good health; and
d. Not pose a safety risk to the community (e.g., is not diseased, dying, likely to fall into a public open space or right-of-way, obscures safe sight distance requirements, etc.).
3. Retaining Significant Trees. Property owners are encouraged to retain the existing trees and other native vegetation on site to the maximum extent possible.
a. At a minimum, twenty-five (25) percent of significant trees must be retained on a site. A significant tree is one that:
i. Is not a cottonwood, alder, poplar, or big-leaf maple;
ii. Is at least fifteen (15) inches in diameter at breast height;
iii. Is in good health; and
iv. Does not pose a safety risk to the community (e.g., is not diseased, dying, likely to fall into a public open space or right-of-way, obscures safe sight distance requirements, etc.).
b. When it is not feasible to retain required significant trees due to site constraints, each required significant tree removed must be replaced with a:
i. Transplanted or retained on-site tree four-inch caliper or larger (measured six inches above the base) that meets the definition of a “significant tree” in all manner except size; or
ii. New evergreen tree that is a minimum ten (10) feet in height or a deciduous tree that is a minimum three-inch caliper measured six inches above the base.
4. Plant Spacing. Plant spacing may be adjusted to accommodate driveways and clear vision areas.
5. Conserving Water. Design with native vegetation, drought-resistant plants, and minimal grass area is encouraged to promote water conservation.
Examples of native vegetation that require less water include:
• Deciduous trees: Douglas maple and vine maple.
• Evergreen trees: incense cedar and Western red cedar.
• Shrubs: red flowering currant, red osier dogwood, and bald hip rose.
• Groundcovers: false lily-of-the-valley and cotoneaster.
6. Irrigation.
a. Irrigation systems must be adequate to ensure survival of all retained and new plants for a period of at least three years.
b. Irrigation systems must be designed and operated to minimize runoff and overspray to non-irrigated areas.
7. Plant Standards. Where new landscaping is required, the following plant standards apply at planting:
a. Deciduous Trees. Deciduous trees must have a minimum two-inch caliper measured six inches above the base.
b. Evergreen Trees. Evergreen trees must be at least six feet tall.
c. Small Shrubs. Small shrubs must be at least eighteen (18) inches in height at the time of planting with approximately a two-gallon pot or ball and burlap.
d. Medium Shrubs. Medium shrubs must be a minimum of three feet in height at the time of planting with approximately a five-gallon pot or ball and burlap.
e. Vegetative Groundcovers. Vegetative groundcovers include grass sod and spreading groundcovers. Spreading groundcovers must be able to form a solid cover over the planting area within two years from the time of planting.
8. Maintenance. All on-site landscaping and landscaping on adjacent public rights-of-way must be maintained and meet each of the following standards. Failure to maintain required landscaping constitutes a zoning violation.
a. All landscape materials must be pruned and trimmed as necessary to maintain a healthy growing condition, to prevent primary limb failure, and to prevent limbs from becoming an impediment or hazard to vehicles or pedestrian traffic.
b. All landscape areas must be kept free of trash and weeds.
c. Landscaping must be permanently maintained in such a manner as to accomplish the purpose for which it was initially required.
d. Any plant material that dies after installation must be replaced within the spring or fall growing season, whichever comes first, following plant loss. Replacement landscaping must comply with all provisions of this section.
F. Attached and Detached Single-Family Dwelling Requirements. Attached and detached single-family units must provide one or more street trees consistent with subsection (H)(2)(c)(i) of this section.
G. Duplexes, Triplexes, and Fourplexes. Duplexes, triplexes, and fourplexes must provide the following:
1. One or more street trees consistent with subsection (H)(2)(c)(i) of this section.
2. A six-foot tall solid fence or landscaping consistent with subsection (H)(3)(d) of this section.
H. Requirements for All Other Uses. Multifamily and applicable nonresidential uses must provide landscape buffers consistent with the standards listed below. Where a landscape buffer is required, the planting requirements must be spaced at intervals along the full extent of the landscape buffer.
1. Landscape Buffers Generally. The following table identifies the type of landscape buffer required based on a property’s zoning:
Landscape Buffer Type | Residential Zones | Nonresidential Zones | Special Purpose Zones | |||||||
|---|---|---|---|---|---|---|---|---|---|---|
| R EN | R 6-8 | R 8-25 | CC | HC | SC | I | FRL | P/PF | T/OS/P |
Street | Y | Y | Y | Y | Y | Y | Y | -- | Y | Y |
Side/Rear | Y | Y | Y | -- | -- | -- | -- | -- | Y | -- |
Zoning | -- | -- | -- | Y | Y | Y | Y | -- | Y | -- |
Parking | Y | Y | Y | Y | Y | Y | Y | -- | Y | Y |
Screening | Y | Y | Y | Y | Y | Y | Y | -- | Y | Y |
2. Street Buffer. The purpose of a street buffer is to soften the appearance of development (especially parking areas), provide visual interest, and provide shade.
a. Where Required. A street buffer is required adjacent to the public or private right-of-way. Provided all required setbacks are met, buildings may encroach into the street buffer. Off-street parking areas are prohibited in the street buffer.
b. Width. The buffer must be at least eight feet wide.
c. Planting Requirements.
i. Trees.
(A) In General. Unless a street is subject to a street tree theme, one deciduous tree per twenty (20) linear feet of landscape buffer is required. At least two types of trees should be used.
(B) Street Tree Themes. The following streets have themes that dictate the type and spacing of trees:
Required Street Tree Themes | Tree Type (Required Spacing) | |||
|---|---|---|---|---|
Street | Primary Tree | Secondary Tree | Accent Tree | Utility Tree |
Binghampton Street | Scarlet Oak (40') | Autumn Purple Ash (40') | Snowgoose Cherry (30') | Snowdrift Crabapple (30') |
Centre Street North from Binghampton Street to Hubbard Road SE | Commemoration Sugar Maple (40') | Norwegian Sunset Maple (35') | Rustica Rubra Saucer Magnolia (30') | Galaxy Magnolia (30') |
Centre Street South from Binghampton Street to city limits | Patmore Ash (35') | Norwegian Sunset Maple (35') | Snowdrift Crabapple (30') | Pacific Sunset Maple (25') |
Minnesota Street North from the railroad trestle to city limits | Black Tupelo Gum (25') | Pacific Sunset Maple (25') | Paperbark Maple (30') | Autumn Brilliance Serviceberry (30') |
Minnesota Street North from Binghampton Street West to the railroad trestle | Callery Pear (25') | Redmond Linden (25') | Kousa Dogwood (30') | Trident Maple (30') |
Hubbard Street SE from Centre St. N. to city limits | October Glory Red Maple (35') | Shademaster Honeylocust (35') | Galaxy Magnolia (30') | Trident Maple (30') |
133rd Street SE from Hubbard St SE to Nieland Loop SE | Norwegian Sunset Maple (35') | Shademaster Honeylocust (35') | Prairiefire Crabapple (30') | Desert Ash (30') |
ii. Shrubs. One small shrub per three linear feet of landscape buffer is required, but grass sod may be used as a substitute.
iii. Groundcover. Where grass sod is not utilized in the landscape buffer, a spreading groundcover is required.
d. Fencing. If solid fencing is used, landscaping must be placed on the exterior of the fence.
e. Substitutions. A combination of potted trees, public art, lamp posts, planter boxes, hanging baskets or other landscaping, street furniture, or architectural features may be substituted for required street buffer landscaping subject to approval by the community development director or designee. The proposed substitution must still meet the objectives and findings of this section. At least three approved alternatives must be used to enhance the building front. For buildings that have a zero lot-line setback, an awning or similar architectural feature must be used as one of the three alternatives.
f. Right-of-Way Landscaping. Street buffer landscaping requirements may be placed in a public or private right-of-way if approval from the public works supervisor is granted.
3. Side/Rear Buffer. The purpose of a side/rear buffer is to soften the appearance of development as viewed from adjacent properties. Provided all required setbacks are met, buildings may be located within the side/rear landscaping buffer. Parking areas are prohibited in the side/rear buffer.
a. Where Required. A side/rear buffer is required adjacent to side and rear property lines for nonresidential uses and multifamily uses with five or more units.
b. Width. The buffer must be at least eight feet wide.
c. Planting Requirements. One deciduous or evergreen tree per twenty (20) linear feet of landscape strip is required. At least fifty percent (50%) of required trees must be evergreen.
d. Fencing. A six-foot-tall fence is required and may be located at the property line.
4. Zoning Buffer. The purpose of a zoning buffer is to screen and soften the appearance of development as viewed from adjacent properties. Buildings and parking areas are prohibited in the zoning buffer.
a. Where Required. A zoning buffer is required adjacent to side and rear property lines that abut residential zones.
b. Width. The buffer must be at least eight feet wide.
c. Planting requirements. One deciduous or evergreen tree per twenty (20) linear feet of landscape strip is required. At least fifty percent (50%) of required trees must be evergreen.
d. Fencing. A six-foot-tall fence is required and may be located at the property line.
5. Parking Buffer. The purpose of a parking buffer is to screen, soften, and provide visual separation between on-site parking areas and development on adjacent properties. Interior landscape islands provide shade, visual interest, and soften the impact of expansive areas of asphalt and concrete. The perimeter buffer can overlap with other required landscaping buffers, but the wider buffer and more restrictive planting requirements control.
a. Where Required. A parking buffer is required along the perimeter of a parking lot as well as the placement of interior landscape islands.
b. Perimeter Buffer.
i. Minimum Width. The perimeter buffer must be at least eight feet wide.
ii. Planting Requirements.
(A) Trees. One deciduous or evergreen tree per twenty (20) linear feet of perimeter buffer is required. At least two types of trees must be used and should primarily consist of deciduous trees.
(B) Shrubs. One small shrub per three linear feet of landscape buffer is required, but grass sod may be used as a substitute.
(C) Groundcover. Where grass sod is not utilized in the landscape buffer, a spreading groundcover is required.
c. Landscape Islands. Landscape islands are only required for parking lots with ten (10) or more spaces. No parking space may be more than five spaces/fifty (50) feet from a landscape island.
i. Minimum Area. Landscape islands must be at least one hundred (100) square feet in size.
ii. Planting Requirements. Each landscape island must contain the following:
(A) Trees. One deciduous tree per one hundred (100) square feet of landscape island.
(B) Groundcover. A spreading groundcover or mulch is required.
6. Screening Buffer. The purpose of a screening buffer is to provide a solid sight barrier between uses to create a strong impression of spatial separation.
a. Applicability. A screening buffer is required for the following uses:
i. Landscape supply yards;
ii. Storage uses;
iii. Heavy industry uses;
iv. Disposal uses;
v. Utility facilities;
vi. Sewer facilities;
vii. Wireless telecommunications facilities;
viii. Outdoor storage areas and yards (Section 18.46.020).
b. Where Required. A screening buffer is required around the perimeter of a specific use. The screening buffer can overlap with other required landscaping buffers, but the wider buffer and more restrictive planting requirements control.
c. Width. The buffer must be at least eight feet wide.
d. Planting requirements.
i. Trees. One deciduous or evergreen tree per twenty (20) linear feet of landscape strip is required. At least fifty percent (50%) of required trees must be evergreen.
ii. Shrubs. Three small shrubs and two medium shrubs per four linear feet of landscape buffer is required. At least forty percent (40%) of required shrubs must be evergreen.
iii. Groundcover. Where grass sod is not utilized in the landscape buffer, a spreading groundcover or mulch is required.
e. Fencing. A solid fence or wall is required. Landscaping must be placed on the exterior of the fence. (Ord. 690 § 1, 2020; Ord. 575 § 14, 2009; Ord. 548 § 2 (Exh. C) (part), 2007)
A. Streetscapes shall be improved as specified in Sections 18.48.140, Design standards, 18.48.100, Landscaping, and Chapter 18.45, Parking and Loading Standards.
B. The designee may modify commercial streetscape improvements requirements for structure remodeling or tenant improvements in accordance with Sections 18.48.140, Design standards, 18.48.100, Landscaping, and Chapter 18.45, Parking and Loading Standards, and the following:
1. The designee may permit modification of streetscape improvements, requirements and standards when development of the required landscaping improvement(s), in the opinion of the designee, is not practical due to physical limitations of the site which are no fault of the applicant.
2. The designee may permit modification of streetscape improvement standards where the required streetscape, in the opinion of the designee, is not roughly proportionate to the impact, type, scale, and cost of the proposed development action.
3. The streetscape design alternatives shall be documented as an administrative determination.
4. Mailing notice to adjacent property owners potentially affected by the development regulation modifications is required. (Ord. 548 § 2 (Exh. C) (part), 2007)
A. Purpose. Resource lands are of special concern to the public. In order to protect and promote public health, safety, and welfare, this section establishes noticing requirements for sites that contain or are adjacent to natural resource lands.
B. Establishment of Natural Resource Lands.
1. Natural resource lands regulated by this section include:
a. Agricultural resource lands (WAC 365-190-050; RCW 36.70A.170);
b. Mineral resource lands (WAC 365-190-070; RCW 36.70A.170);
c. Forest resource lands (WAC 365-190-060; RCW 36.70A.170).
2. Properties adjacent to natural resource lands are also subject to the standards of this section. An adjacent property is one that is on a site bordering or within five hundred (500) feet of a designated natural resource.
C. Notice Required.
1. Pursuant to RCW 36.70A.060, all final plats and short plats and permits issued for development activities on or within five hundred (500) feet of any land designated under this section must contain a note that the subject property is near agriculture, forest, or mineral resource lands of long-term commercial significance, whichever applies. The note must inform the public that a variety of commercial activities may occur that may not be compatible with residential development for certain periods of limited duration.
2. The note must also contain a statement that the ability of owners or occupants to recover damages for nuisances arising from activities on the designated mineral, agricultural or forestry land, whichever applies, may be limited.
3. The note for properties within or near designated mineral lands must also inform the public that an application might be made for mining-related activities, including mining, extraction, washing, crushing, stockpiling, blasting, transporting and recycling of minerals.
4. The resource use notice must be provided in a form and content prescribed by the city.
D. Agricultural Resource Lands. Agricultural lands are lands that are not already characterized by urban growth and have long-term significance for the commercial production of food or other agricultural products.
1. Location. The following sites have been designated as agricultural lands:
a. Rainier. There are no sites within the city designated as agricultural lands.
b. Unincorporated Thurston County. There are no sites within five hundred (500) feet of the city or its urban growth area that have been designated by Thurston County as long-term agriculture.
E. Mineral Resource Lands. Mineral resource lands are lands that are not already characterized by urban growth and have long-term significance for the extraction of minerals.
1. Location. The following sites have been designated as mineral resource lands:
a. Rainier. There are no sites within the city designated as mineral resource lands.
b. Unincorporated Thurston County. There are no sites within five hundred (500) feet of the city or its urban growth area that have been designated by Thurston County as mineral resource lands.
F. Forest Resource Lands. Forest resource lands are forestlands that are not already characterized by urban growth and have long-term significance for the commercial production of timber, including Christmas trees.
1. Location. The following sites have been designated as forest resource lands:
a. Rainier. Sites zoned as forest resource land.
b. Unincorporated Thurston County. There are no sites within five hundred (500) feet of the city or its urban growth area that have been designated by Thurston County as long-term forestry. (Ord. 659 § 13, 2017)
A. Qualified Open Space.
1. An area of land or water designated and reserved primarily for uses which require minimal buildings and impermeable surfaces and which is supplemental and in addition to any setbacks, yards, streets, vehicular access or parking areas and similar areas ordinarily associated with residential land division developments, which may include, but is not limited to, greenbelts, parks, athletic fields, recreation areas, trails, or environmentally sensitive or critical areas when dedicated to and providing at least seventy-five percent (75%) access to the general public and the entire open space be set aside in a separate land tract.
2. Payment of fees in lieu of dedication shall be based on fair market value of the net land percent requirement specified below.
3. Dedicated uses shall be for one or more of the following uses:
a. Environmental interpretation or other educational purposes;
b. Parks, recreation land, or athletic fields;
c. Off-road foot, bike, or equestrian trails; or
d. Other purposes as present by the applicant, subsequently accepted by the city.
4. Impermeable Surfaces. No more than five percent of dedicated open space may be impermeable such as buildings, roads, or parking areas, except as open space enhancements.
5. Suitability. Open space must be of such topographic, hydrological, geological or other physical characteristics to be suitable for such open space.
6. Siting. The city shall consider applicant-proposed siting of open space, and have authority to approve the final location of such open space.
7. Ownership. The provisions of Section 18.100.080(F) apply.
8. Signage. The provisions of Section 18.100.080(J) apply.
B. Open Space Requirement. All residential land division developments shall include, as a condition of approval, either the dedication of a portion of the site to be developed as qualified open space for public purposes, or the payment of a fee in lieu of dedication, or both, pursuant to this section.
C. Single-family land division developments shall provide five percent of the net built area of the proposed development and shall be qualified open space as provided in subsection (D) of this section.
D. For multifamily or combination multifamily/single-family land divisions, developments shall equal ten percent (10%) dedication of open space of the net built area. (Ord. 575 § 15, 2009; Ord. 548 § 2 (Exh. C) (part), 2007)
A. Purpose. This sign ordinance is adopted under the zoning authority of the city in furtherance of the more general purposes set forth in Section 18.48.010. The purposes of this section are to:
1. Encourage the effective use of signs as a means of communication in the city;
2. Improve the city of Rainier’s appearance, economic development, and growth;
3. Improve pedestrian and traffic safety;
4. Minimize the adverse effect of signs on nearby public and private property; and
5. Allow for fair and consistent enforcement of these sign restrictions.
B. Definitions.
1. For words and phrases that are not defined here, Chapter 18.08 general provision definitions apply.
2. All other words and phrases will be given their common, ordinary meaning, unless the context clearly requires otherwise.
3. The section headings or captions are for reference purposes only and will not be used in the interpretation of this section.
“Art” means the expression or application of human creative skill and imagination, in a visual form such as painting or sculpture, producing works to be appreciated primarily for their beauty or emotional power without the overt conveyance of any particular message.
“Banner” means any sign of lightweight fabric, or similar material, that is permanently mounted to a pole or building by a permanent frame at one or more edges. (Note: National flags, state or municipal flags, or the official flag of any institution or business are not considered banners.)
“Beacon” means any light with one or more beams that rotate or move, directed into the atmosphere, or directed at one or more points on a lot, different from the light source.
“Building face” means that portion of any exterior elevation of a building or other structure extending from grade to the top of a wall and the entire width of that particular building or structure elevation.
“Building marker” means any sign cut into a masonry surface or made of bronze or other permanent material indicating:
• The name of a building;
• The date; and
• Incidental information about its construction.
“Flag” means any fabric or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other similar entity.
“Furniture zone” means the area of sidewalk between the curb and the clear mobility area of the sidewalk.
Lot. See Section 18.144.040, “Lot” definition.
“Marquee” means any permanent roof-like structure projecting:
• Beyond a building; or
• Extending along and projecting from the wall of the building.
Note: Marquees are generally designed and constructed to provide protection from the weather.
“Message” means any wording, logo, or other representation that bears a name, direction, warning, information or advertisement.
“Mural” means a work of art painted or applied to a wall of a building or other structure.
“Pennant” means any material suspended from a rope, wire, or string and designed to move in the wind. Note: A pennant does not need to contain a message of any kind.
“Scoreboard” means a sign that is adjacent to and on the same site as an athletic field or other competition that displays information or statistics about the game or activity.
“Shielded light source” means: (1) an artificial light source directing light on a sign that is diffused or directed to eliminate glare and housed to prevent damage or danger; or (2) a light source located within a sign that is shielded with a translucent material of sufficient opacity to prevent the visibility of the light source; or (3) a light source designed to directly display a message (e.g., LED and neon lighting), that is specifically designed by its manufacturer for outdoor use.
“Sign” means a surface or object bearing a message that is displayed for public view.
“Sign, animated” means a sign or display manifesting either kinetic or illusionary motion occasioned by natural, manual, mechanical, electrical, or other means and when the message changes more than eight times per day. Animated signs include the following types (also see and note difference from changeable sign):
• Naturally Energized. Signs whose motion is activated by wind or other atmospheric impingement. Wind-driven signs include: flags, banners, pennants, streamers, spinners, metallic disks, or other similar devices designed to move in the wind.
• Mechanically Energized. Signs manifesting a repetitious preprogrammed physical movement or rotation in either one or a series of planes activated by means of mechanically based drives.
• Electrically Energized. Illuminated signs whose motions or visual impression of motion is activated primarily by electrical means. Electrically energized animated signs are of two types:
– Flashing Signs. Illuminated signs exhibiting a pre-programmed repetitious cyclical interruption of illumination from one or more sources in which the duration of the period of illumination (on phase) is either the same as or less than the duration of the period of darkness (off phase), and in which the intensity of illumination varies from zero (off) to one hundred percent (100%) (on) during the programmed cycle.
– Illusionary Movement Signs. Illuminated signs exhibiting the illusion of movement by means of a pre-programmed repetitious sequential switching action in which illuminated elements of the sign are turned on or off to visually simulate the impression of motion, characteristic of chasing, running, blinking, oscillating, twinkling, scintillating, or expanding and contracting light patterns.
Sign, Area Of.
• Projecting and Freestanding. The area shall be within a single, continuous perimeter of the sign face. The area of any double-faced signs shall be calculated by determining the area of one face or side of the sign.
• Wall Sign. The area shall be within a single, continuous perimeter composed of any rectilinear geometric figure that encloses the extreme limits of the sign.
• Changeable Copy Signs. Each side of changeable copy signs shall count as individual sign areas.
“Sign area total” means the total area allowed for all freestanding, projecting, suspended, marquee and canopy signs, and flags with messages on a project site. The sign area total is found by adding the area of each of the different signs together. Wall signs, banners, portable signs, building markers, identification signs, and integral roof signs are not subject to the sign area total, but are subject to other standards.
“Sign, building” means any sign attached to any part of a building.
“Sign, canopy” means any sign that is a part of, or attached to:
• An awning;
• Canopy; or
• Other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area.
Note: A marquee is not a canopy.
“Sign, changeable copy” means a sign with informational content of characters, letters, graphics or illustrations that can be changed or altered by manual or electric, electro-mechanical, or electronic means that can be changed or rearranged without altering the surface of the sign. Changeable copy signs include:
• Manually Activated. Sign with alphabetic, pictographic or symbolic informational content that can be changed or altered by manual means.
• Electrically Activated. Sign with alphabetic, pictographic, or symbolic informational content that can be changed or altered on a fixed display surface composed of electrically illuminated or mechanically driven changeable segments. This includes the following two types:
– Fixed Message Electronic Sign. Not an animated sign.
– Computer Controlled Variable Message Electronic Signs. Signs with informational content that can be changed or altered by means of computer driven electronic impulses. Minimum delay shall be set at two seconds.
“Sign, dynamic” means a sign or portion thereof that appears to have movement or that appears to change using any method other than a person physically removing and replacing the sign or its components. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, “digital ink” or any other method or technology that allows the sign face to present a series of images or displays.
“Sign, electrical” means a sign or sign structure in which electrical wiring, connections, or fixtures are used.
“Sign, electric awning” means an internally illuminated fixed space-frame structure with translucent, flexible, reinforced covering designed in awning form and with graphics of copy applied to the visible surface of the awning.
Sign, Flashing. (See “Sign, animated, Electrically Energized.”)
“Sign, freestanding” means any sign supported by structures or supports that are placed on, or anchored in, the ground and independent from any building or other structure.
“Sign, identification” means a sign that is used to identify the tenant of a residential building for visitors. Identification signs typically consist of an individual’s last name and have no other message. When a message other than the individual’s name is included, the sign is classified under the relevant sign type and is subject to the provisions of that sign type under this code.
“Sign, incidental” means a sign that assists visitors to a land use in matters such as parking and navigation of the site, once they are on the site of the land use. Examples include “no parking,” “entrance,” “loading only,” “telephone.”
“Sign, illuminated” means a sign or portion thereof that:
• Incorporates an artificial light source as part of the sign including, but not limited to, a sign with LED lights, neon lights or an interior light.
• A sign that has an artificial light source directed upon it.
“Sign, marquee” means any sign permanently attached to or made a part of a marquee.
“Sign, nonconforming” means any sign that does not meet the requirements of this section.
“Sign, portable” means any sign:
• Not permanently attached to the ground or other permanent structure; or
• Designed to be transported, such as:
– Signs designed to be transported by wheels (reader boards);
– Signs converted to A- or T-frames;
– Menu and sandwich board signs;
– Balloons used as signs (counts against total signage for site); and
– Umbrellas.
“Sign, projecting” means any sign attached to a building or wall where its leading edge extends more than six inches beyond the building or wall surface.
“Sign, residential” means any sign that:
• Is located in a district zoned for residential uses;
• May contain a message advertising for goods or services legally offered on the premises where the sign is located; and
• Conforms to the requirements of Title 18, Division 3—Development Standards—Zoning.
“Sign, roof” means any sign:
• Erected and constructed wholly on and over the roof of a building;
• Supported by the roof structure; and
• That extends vertically above the highest portion of the roof.
“Sign, roof, integral” means any sign erected or constructed as an integral or essentially integral part of a normal roof structure where no part of the sign:
• Extends vertically above the highest portion of the roof; and
• Is separated from the rest of the roof by more than six inches.
“Sign, snipe” means a temporary sign or poster affixed to a tree, fence, telephone pole, public bench, streetlight, public property, or public right-of-way, except government signs.
“Sign, suspended” means a sign that is:
• Suspended from the underside of a horizontal plane surface; and
• Supported by that surface.
“Sign, temporary” means any sign that is not permanently mounted and that contains a message for a particular event or happening that will render the sign obsolete upon the event or happening.
“Sign, wall” means any sign that is:
• Displaying only one sign face; and
• Supported by a wall or building where it is:
– Attached no more than six inches away from and parallel to a wall;
– Painted on the wall surface; or
– Erected and confined within the limits of an outside wall of any building or structure.
“Sign, window” means any sign, pictures, symbol, or combination of these that is:
• A message about the activity, goods, commodity, event, sale, or service on the premises;
• Placed inside a window, or on the windowpanes or glass; and
• Visible from the exterior of the window.
Streets. See Section 18.08.220, “Street” definition.
Street Frontage. See Section 18.08.090, “Frontage” definition.
C. Scope and Effect. This section applies to erecting, placing, establishing, painting, creating, or maintaining a sign in the city of Rainier. The effect of this section is to:
1. Establish a permit system to allow a variety of sign types in commercial and industrial zones, and a limited variety of signs types in other zones, subject to the standards and permit procedures of this section.
2. Provide for the enforcement of the provisions of this section.
D. Prohibited Signs. The following types of signs are prohibited in all zones:
1. Abandoned signs;
2. Search lights (except by permit for a limited time during a once per year event);
3. Pennants, festoons, balloons, and inflatable devices except as allowed in subsection (E) of this section that contain a message;
4. Signs imitating or resembling official traffic or government signs or signals;
5. Snipe signs;
6. Signs placed on vehicles or trailers which are parked or located for the primary purpose of displaying the sign unless otherwise specifically allowed by this section (this does not apply to allowed portable signs or to signs or lettering on buses, taxis, or vehicles operating during the normal course of business and excludes signs to advertise the sale of said vehicle);
7. Signs placed on a site other than the property that contains the use or activity that the sign is advertising, when this sign placement is done to circumvent the area limitations or other standards of this provision;
8. Flashing signs not conforming to subsection (J)(4) of this section;
9. Illusionary movement signs not conforming to subsection (J)(4) of this section;
10. Any sign, structure or supporting structure that is torn, damaged, defaced, or destroyed (see subsection (M) of this section);
11. Illuminated signs in residential zones, provided address signs may be illuminated;
12. Illuminated temporary signs;
13. Any signs that exceed the maximum sign quantity and size per business specified in Table 18.48-6; and
14. Signs otherwise not permitted.
E. Signs Not Requiring Permits or Exempt from this Regulation. The following types of signs are exempted from permit requirements but must be in conformance with all other requirements of this chapter:
1. Construction signs of thirty-two (32) square feet or less so long as the signs are removed within ten (10) days of project completion;
2. On-site directional/informational signs of two square feet or less in sign area;
3. Seasonal or special events decorations;
4. Works of art;
5. Nameplates of two square feet or less in sign area, which are fastened directly to the building or structure;
6. Temporary signs not to exceed sixteen (16) square feet in sign area so long as the sign is removed within ten (10) days after the event or happening;
7. Any public notice or warning sign required by a valid and applicable federal, state, or local law, regulation, or ordinance;
8. Holiday lights and decorations;
9. Window signs; provided, that they comply with the size requirements of Table 18.48-6;
10. Incidental signs;
11. Any sign not legible from more than three feet beyond the lot line of the lot or parcel where the sign is located;
12. Address identification signs with text no greater than ten (10) inches in height, or conforming to fire department regulations;
13. Historical plaques on sites designated by a governmental agency;
14. Government signs;
15. Building markers;
16. Portable signs, as long as the signage does not exceed the maximum number and size per business shown in Table 18.48-6;
17. Identification signs;
18. Signs designated by the Rainier city council as a sign of historical, community significance;
19. Flags, not containing a message. Note: Any pole over six feet in height must obtain a building permit.
F. Abandoned and Obsolete Signs.
1. Legal conforming structural supports for obsolete signs may remain if they are installed with a blank sign face and the supporting structures are maintained.
2. Signs abandoned for thirty (30) days without the installation of a blank sign face and/or the maintenance of supporting structures are not allowed. If the city notifies the owner, the owner shall have thirty (30) days to bring the sign into compliance or remove the sign and its support structure.
G. Lighting. All lighting shall be in accordance with the current edition of the National Electrical Code. Unless otherwise prohibited by this chapter, all signs may be illuminated by one of the following methods:
1. Internal lighting;
2. External direct lighting that is pointed downward when possible; and
3. Neon.
a. Signs containing neon lettering and graphics shall be limited to the same size and height limitation as other commercial signs in that zone. If a neon element is proposed to occur on a wall sign or other sign that is not subject to the sign area total, the area around the neon portion of the sign cannot exceed sixty-four (64) square feet in size.
b. Neon may be used to outline a sign or as a graphic within a sign. Lettering height shall be limited by the ability of the lettering to be contained within the sign’s size constraints.
c. Flashing or animated neon signs are not allowed.
d. Neon signs are only allowed in commercial and industrial zones.
H. Changeable Copy. Unless otherwise specified by this chapter, any sign herein allowed may use manual, automatic, electrical, or mechanical activated changeable copy. No permit is required to change copy on a legally permitted sign.
I. Signs Allowed on Private Property Subject to Permit Process.
1. Signs are allowed on private property subject to the permit approval type listed in Table 18.48-5, unless otherwise noted within this section:
Sign Type | All Residential | Institutional Uses Permitted in Residential Zones | Commercial/Industrial | Public/Semi-Public |
|---|---|---|---|---|
Banner |
|
| A | A |
Canopy |
|
| P | P |
Incidental |
| A | A | A |
Identification (Residential) | A |
| A |
|
Integral Roof |
|
| P |
|
Flag |
| P | P | P |
Freestanding |
| P | P | P |
Marquee |
|
| P | P |
Portable |
|
| A | A |
Projecting |
|
| P | P |
Residential | A |
|
|
|
Roof |
|
| P |
|
Suspended |
| P | P |
|
Temporary | A |
| P | P |
Wall |
| P | P | P |
Window |
|
| A |
|
Blank Cell = Not Allowed | A = Allowed w/o Permit | P = Permit Required | ||
Note: Column labeled “Institutional Uses Permitted in Residential Zones” applies to institutional uses as defined in Section 18.144.040. Uses may include, but are not limited to, group homes, hospice care centers, nursing homes, assisted living facilities, day care facilities, religious assembly uses, funeral homes, and cemeteries.
2. If the letter “P” appears for a sign type in a column, the sign is allowed only with prior permit approval in the zoning districts represented by that column. Special conditions may apply in some cases.
3. If the letter “A” appears for a sign type in a column, the sign is allowed without the need to obtain permit approval in the zoning districts represented by that column.
4. If cell is blank, the sign is not allowed under any circumstances in the zoning districts represented by that column.
J. Sign Permits.
1. When a sign permit is required, the property owner must secure a sign permit prior to the construction, placement, erection, or modification of the sign in accordance with subsections (K) and (L) of this section.
2. No signs will be erected in public rights-of-way except in accordance with subsection (P) of this section and the relevant permit requirements of subsection (K) of this section.
3. No sign permit of any kind will be issued for an existing or proposed sign unless the proposed sign meets the requirements of this section.
4. Prior to issuance of an illuminated sign permit, the applicant shall provide a written certification from the sign manufacturer that the light intensity has been factory preset not to exceed the levels specified in subsection (M)(4) of this section.
K. General Application Procedures. The following will govern the application for, and issuance of, all sign permits under this regulation.
1. Applications. All applications for a sign permit shall be submitted to the city in accordance with the application requirements specified by the designee.
2. Fees. Each application for a sign permit will be accompanied by applicable fees established by the most currently adopted fee schedule.
3. Permit Action. The designee will either issue a permit, request additional information, request application modification to meet requirements of this section or deny the permit.
4. Lapse of Sign Permit. A sign permit will lapse automatically if:
a. The business license for the premises lapses, is revoked, or is not renewed; or
b. The activity on the premises is discontinued for a period of one hundred eighty (180) days or more and is not renewed within thirty (30) days of a notice from the city to the last permit holder, sent to the premises, that the sign permit will lapse if the activity is not renewed.
5. Assignment of Sign Permits. A current and valid sign permit is freely assignable to a successor owner of the property or holder of a business license for the same premises. The assignment is accomplished by filing for a business license.
L. Permits to Construct or Modify Signs. Sign permits will be issued in accordance with the following requirements and procedures:
1. Permit for New Sign or for Sign Modification. The application shall include two sets of plans drawn to scale that show in sufficient detail the following:
a. The proposed location and its relationship to the other principal buildings on the lot and on adjacent properties.
b. The size and height of the sign, including any height associated with the base of the sign.
c. The elevation of the centerline of the roadway upon which the sign is oriented, when applicable.
d. The material of the sign and supporting pole or structure.
e. A drawing of any landscaping or other base upon which the sign will be placed.
f. Any other information required by the building official to accurately review the application for conformance to the code, including but not limited to a review by a certified land survey and/or professional engineer.
2. Inspection. If construction is complete and in full compliance with this section and the building and electrical codes, the sign(s) will be permitted by the city.
M. Sign Construction and Maintenance. All signs must be designed, constructed, and maintained in accordance with the following standards:
1. All signs must comply with applicable provisions of adopted building and electrical codes of the city at all times.
2. Except for banners, flags, pennants, temporary signs, and certain window signs, all signs must be constructed of permanent materials and be permanently attached to the ground, a building, or other structure by direct attachment to a rigid wall, frame, or structure.
3. All signs must be maintained in good structural condition, in compliance with all building and electrical codes, and in conformance with this code, at all times. Banners or flags with messages that have been torn, damaged, or destroyed are not considered to be in good structural condition.
4. All illuminated signs shall:
a. Have a shielded light source;
b. Not exceed a maximum light intensity of five thousand (5,000) nits (candelas per square meter) during daylight hours and a maximum light intensity of five hundred (500) nits between dusk to dawn as measured from the sign’s face at maximum brightness; and
c. Be equipped with:
i. An automatic dimmer control to produce the illumination change required by subsection (M)(4)(b) of this section; and
ii. A means to immediately turn off the display or lighting if the illuminated sign malfunctions.
N. Sign Area and Height. The following requirements apply when determining sign area and sign height:
1. Area of Individual Signs. The area of individual signs is determined using the method found in the definition “Sign, area of.”
2. Sign Height.
a. The height of a sign is determined as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade is the lower of:
i. The existing grade prior to construction; or
ii. The newly established grade after construction, exclusive of any fill, berm, mound, or excavation solely for locating the sign.
iii. When the normal grade cannot reasonably be determined, sign height must be computed by assuming the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the lot, whichever is lower.
b. For roof signs, sign height is measured from the normal grade of the building, not the roof.
O. Number, Dimensions, and Location of Signs.
1. Signs are allowed subject to the standards listed in Table 18.48-6.
Sign Type | All Residential | Institutional Uses Permitted in Residential Zones | Commercial | Industrial | Public/ Semi-Public |
|---|---|---|---|---|---|
TOTAL ALLOWED SIGN AREA PER BUSINESS—Applies to freestanding, projecting, suspended, roof, marquee and canopy signs, and flags with messages | 8(1) | 20(1) | 64(1) | 64(1) | 64(1) |
Maximum Sign Height | 5 | 10 | 20 | 12 | 12 |
STANDARDS FOR SIGNS THAT ARE NOT SUBJECT TO THE ALLOWED SIGN AREA TOTAL |
|
|
|
|
|
Banner | |||||
Maximum Sign Area (Square Feet) | 8 | 8 | 20 | 20 | 20 |
Number Permitted | |||||
Per Lot | 1 | 1 | – | – | – |
Per Feet of Street Frontage (Per Street) | – | – | 1/100 | 1/200 | 1/400 |
Building Marker | |||||
Maximum Sign Area (Square Feet) | 4 | 4 | 4 | 4 | 4 |
Number Permitted (Per Building) | 1 | 1 | 1 | 1 | 1 |
Identification | |||||
Number Permitted (Per Residence) | 3 | 3 | 3 (for residential uses) | ||
Portable | |||||
Maximum Sign Area (Square Feet) | 6 | 6 | 8 | 8 | 8 |
Number Permitted (Per Business) | 1 | 1 | 1 | 1 | 1 |
Roof, Integral | |||||
Number Permitted (Per Building) | NP | NP | 2 | 2 | 2 |
Wall | |||||
Maximum Sign Area (Square Feet) | 2 | 10 | – | – | – |
Maximum Wall Area (in Percent) | – | – | 10% | 5% | 5% |
ADDITIONAL STANDARDS | No illumination of signs in residential zones except address (per subsection (D)(11) of this section). | ||||
Note: Column labeled “Institutional Uses Permitted in Residential Zones” applies to institutional uses as defined in Section 18.144.040. Uses may include, but are not limited to, group homes, hospice care centers, nursing homes, assisted living facilities, day care facilities, religious assembly uses, funeral homes, and cemeteries.1 The percentage figure means the percentage of the area of the wall where the sign is located or where the sign is most nearly parallel.
(1) This number represents the total sign area allowed per business. This total is achieved through the addition of the area of every sign on a project site, except for those signs that are not subject to the sign area total.
2. Signs must be located to allow a clear view at every intersection between heights of three feet and ten (10) feet in a triangle formed by the corner and points on the curb thirty (30) feet from the intersection or entranceway.
P. Signs in the Public Right-of-Way. No signs will be allowed in the public right-of-way, except:
1. Permanent Signs. The following permanent signs may be allowed in the public right-of-way.
a. Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic;
b. Bus stop signs erected by a public transit company;
c. Informational signs of a public utility or franchisee regarding its poles, lines, pipes, or facilities; and
d. Awning, projecting, and suspended signs projecting over a public right-of-way meeting the requirements of Table 18.48-7. When these signs are suspended or project above a public right-of-way, the issuance and continuation of a sign permit will be conditioned on the sign owner obtaining and maintaining liability insurance of at least one million dollars ($1,000,000) per occurrence per sign.
2. Temporary Signs. A temporary sign may be placed in the right-of-way provided:
a. The sign meets the requirements of Tables 18.48-6 and 18.48-7; and
b. A portable sign in front of a business may be placed in a sidewalk’s furniture zone if it allows at least four feet in width of open sidewalk area.
3. Emergency Signs. Emergency warning signs may be allowed in the public right-of-way when they are erected by:
a. A government agency;
b. A public utility company; or
c. A contractor doing authorized or permitted work.
4. Manual for Uniform Traffic Control Devices. When applicable, signs in the right-of-way must comply with the MUTCD. No sign may be erected or maintained that interferes with autonomously operated vehicles.
5. Other Signs. Any sign installed or placed on public property, except in conformance with the requirements of this section, will be forfeited to the public and subject to confiscation. In addition to other remedies in subsection (L) of this section, the city will have the right to recover from the owner or person placing the sign the full costs of removal and disposal of the sign.
Minimum Clearance Required for Signs That Project over a Right-of-Way | |
|---|---|
Clearance required over a sidewalk | 9 feet |
Clearance required over a street | 12 feet |
Q. Signs Existing on the Effective Date. For any sign existing in the city after the adoption of this section, the sign will be considered an existing conforming or nonconforming sign.
1. Nonconforming Existing Signs. Signs will be considered a nonconforming sign when:
a. The sign was in existence on or before September 25, 2011, or on a later date when a property is annexed to the city; and
b. The sign was constructed in accordance with the ordinances and other applicable laws in effect on the date of its construction, but does not meet these requirements because of its size, height, location, design, or construction.
c. A nonconforming sign that existed on September 25, 2011, is allowed to remain in place until the sign is replaced or the cost of maintenance for the sign exceeds fifty percent (50%) of its value. The degree or extent of the nonconformity shall not be increased.
d. Any nonconforming sign will either be eliminated or made to conform to requirements of this section when any proposed change, repair, or maintenance would constitute an expense of more than fifty percent (50%) of the lesser of the original value or replacement value of the sign.
e. This section does not apply to changing information on the face of an existing nonconforming sign.
2. Conforming Existing Signs. A conforming sign that existed on September 25, 2011, and meets the requirements of this code is allowed to remain in place without a permit until the sign is replaced or the cost of maintenance for the sign exceeds fifty percent (50%) of its value. A permit is required once the maintenance of the sign exceeds this fifty percent (50%) threshold.
R. Variances.
1. Any person may apply to the designee for a variance from the requirements of this chapter. The sign variance shall be processed pursuant to Section 18.20.080 and shall also base the findings and conclusions on the following criteria:
a. The variance does not conflict with the purpose and intent of the sign regulations.
b. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon signage of other properties that have had to conform to the provisions of this chapter.
c. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that are not contemplated or provided for by this chapter.
d. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated.
e. Alternative signage concepts that comply with the provision to which the variance is requested have been evaluated, and an undue hardship would result if the strict adherence to the provision were required.
2. Conditions may be imposed upon the application as deemed necessary by the designee. No variance may be granted that would increase the number of signs allowed by this chapter or allow a type of sign that is prohibited by this section. The fee for an administrative variance is based on the adopted fee schedule.
S. Enforcement.
1. Sign Removal Required. A sign that was constructed, painted, installed, or maintained in conformance with a permit under this section will be required to be removed within thirty (30) days’ notice from the city when:
a. The permit has lapsed subject to subsection (K)(4) of this section.
b. The sign is no longer in good structural condition or in compliance with all building and electrical codes.
2. Lapse of Nonconforming Sign Status. Allowance of a nonconforming sign will lapse and become void under the same process as any other sign permit that may lapse and become void.
3. Violations. The following are violations of this section and subject to enforcement provisions of Section 18.12.130:
a. To install, create, erect, or maintain any sign:
i. Without a permit, if a permit is required; or
ii. In a way that is inconsistent with any permit governing the sign or lot where the sign is located.
b. To fail to remove any sign that:
i. Is installed, created, erected, or maintained in violation of this regulation; or
ii. Has a lapsed permit.
Each day of continued violation will be considered a separate violation for each sign installed, created, erected, or maintained when applying penalty portions of this regulation.
T. Construction.
1. Not Content Based. The city recognizes that content-based laws target speech based on its communicative content, they are presumptively unconstitutional and may be justified only if the government proves that they are narrowly tailored to serve compelling state interests. Except where a compelling state interest is involved such as the control of public safety matters, this section does not in any way deal with the content of signs other than as expressly stated.
2. Narrowly Construed. This section shall be narrowly construed so as to impose the least impingement on free speech and expression as is consistent with the exercise of the police power of the city.
3. No Criminal Activity Permitted. Nothing in this subsection shall be construed as permitting the public display of illegal pornography, the solicitation for the commission of crimes, or treason.
U. Signs of Historical Community Significance.
1. A sign may be designated by the city council as a sign of historical community significance if it meets the following criteria:
a. The sign was placed in a prominent location along Highway 507 before September 25, 2001, even if the sign was not physically sited at its location at that time; and
b. The sign was a landmark of the city of Rainier for citizens and passing motorists.
2. When a sign of historical community significance is reestablished after a period of absence, the sign shall be restored to its historic appearance, height, and width in order to be classified as historically significant. If the sign is altered, including but not limited to additional messaging that was not historically present, the sign shall not be considered historically significant. (Ord. 649 § 1, 2016: Ord. 616 § 2 (part), 2012; Ord. 598 § 1, 2011: Ord. 548 § 2 (Exh. C) (part), 2007)
(Reserved). (Ord. 548 § 2 (Exh. C) (part), 2007)
The repair, service, restoration, modification, assembly, disassembly, construction, reconstruction, or other work on a motor vehicle, recreational vehicle or a sporting vehicle on any residential premises in any zone that allows residential uses shall be subject to the following standards:
A. Work shall be limited to the noncommercial repair and maintenance of motor vehicles, recreational vehicles, sporting vehicles and vehicular equipment that is currently registered to a resident of the premises or a member of the residents’ family, which shall be limited to parents, grandparents, spouse, or children related by blood, marriage or adoption.
B. Such work is prohibited in multifamily residential complexes of three or more dwelling units on a parcel.
C. Such work shall be conducted on no more than one vehicle at any one time.
D. Assembly, disassembly or bodywork shall only be conducted within a fully enclosed garage, accessory building or by providing a six-foot solid fence or vegetative barrier. Minor service and repair work may be performed in an open accessory structure or in the driveway directly adjacent to the garage or carport. Such work shall not be performed in the public right-of-way nor shall vehicles be stored in the public right-of-way, even if the driveway is located in the public right-of-way.
E. Parts, equipment, debris, excess materials or other supplies needed for the repair of a vehicle on the premises shall be stored within a fully enclosed structure such as a garage or accessory building. No items shall be left outside overnight.
F. The performance of such work shall not create a nuisance to the neighbors.
G. Upon completion of any work allowed by this section, the property shall be cleaned of all debris, oil, grease, gasoline, cloths or rags, and all other equipment or material used in the work, and the property shall be left in such a condition that no hazard to persons or property shall remain. Storage and disposal of all hazardous materials shall be in accordance with state and local regulations.
H. Disposal of all waste products shall be in accordance with state and local regulations.
I. Painting of vehicles is prohibited. (Ord. 548 § 2 (Exh. C) (part), 2007)
A. Purpose. The purpose of this section is to regulate agricultural uses and animals, and to provide certain limitations for the placement of these uses. Minimum lot sizes, setbacks, and best management practices are used to reduce conflicts between land uses that may not be compatible and to protect environmentally sensitive areas.
B. General Standards. Agricultural uses and animals shall be subject to the following requirements:
1. Animals as a Principal Use. Animals shall be permitted subject to the following criteria:
a. Livestock. Livestock shall be permitted subject to this section and the following provisions:
i. A fence used to enclose pasture lands may be constructed on the property line.
ii. A fence constructed to permanently keep livestock out of buffers abutting streams, rivers, and wetlands shall be required pursuant to Division 5 of this title, Development Regulations—Critical Areas and Natural Resource Lands. Such fence shall be constructed before livestock is introduced to a site.
iii. Any barn, stable, riding arena, paddock, or similar enclosure shall be set back fifty (50) feet from any adjacent property line.
iv. Animals, specifically farm animals such as cows, sheep, goats, and other livestock, are permitted to be slaughtered in any zoning district (except public); provided, that if a firearm is to be used for dispatch of farm animals within the city limits, and prior to the use of a firearm, the appropriate police department shall be notified.
b. Small Animals. Small animals shall be permitted subject to the following provisions:
i. Any cage, coop or enclosure shall be set back fifty (50) feet from any adjacent property line except kennels or catteries which shall be set back seventy-five (75) feet from any adjacent property line.
c. Wild Animals and Reptiles. No person shall have, maintain, or possess any wolf, fox, chimpanzee, or other exotic, vicious, or poisonous animal or reptile except as set forth in Title 6, Animals.
C. Requirements. Agricultural uses and animals shall be permitted in all urban zoning classifications as an accessory use to a residential dwelling subject to the standards in this section. The following requirements apply to livestock and small animals kept in urban areas:
1. Livestock is not permitted on lots less than one acre.
2. On any lot from one acre to less than five acres in size, the number of livestock shall not exceed two such animals which are twelve (12) months or more of age.
3. No more than six poultry, peacocks, or rabbits and similar small animals in any combination are permitted on lots less than one acre.
4. On any lot from one acre to less than five acres in size, no more than twelve (12) poultry, peacocks, or rabbits and similar small animals in any combination are permitted per acre.
5. On any lot five acres or greater in size, there shall be no restriction on the number of animals kept subject to the other provisions in this section.
6. Any cage, barn, stable, coop or enclosure shall be set back forty-five (45) feet from any adjacent property line except kennels or catteries which shall be set back seventy-five (75) feet from any adjacent property line.
7. Dogs and Cats. Any combination of five dogs or cats that individually exceed seven months of age are permitted. Any combination of six or more dogs or cats that individually exceed seven months of age are permitted pursuant to Section 18.40.050, Agricultural use category.
D. Hobby Farms. Farm animals, agricultural activities, and associated structures may be established on any lot as a noncommercial use without an associated dwelling unit, provided:
1. The applicant completes a hobby farm agreement provided by the department. Each hobby farm agreement shall:
a. Define the type and intensity of all proposed agricultural activities.
b. Clarify that the use of the site is for private, noncommercial use.
c. Provide time frames for periodic departmental monitoring.
d. Be signed by the property owner and recorded as a title notice with the Thurston County auditor.
2. Hobby farms must comply with all other requirements of this section.
E. Farm Management Plans. The requirements in this section may be exceeded, provided the property owner completes and complies with a farm management plan. The plan must address, at a minimum, best management practices for the control of animal wastes, stormwater runoff, and erosion.
F. Also see Title 6, Animals. (Ord. 548 § 2 (Exh. C) (part), 2007)