Raymond City Zoning Code
PART V
DEVELOPMENT STANDARDS
§ 15.74.005 Road standards adopted by reference.
There is hereby adopted by reference the Pacific County road standards as published by Pacific County during 1999 and a copy of that document shall be maintained on file in the city clerk's office.
(Ord. 1638 § 6, 2001)
§ 15.74.010 Purpose.
The purpose of this chapter is to define the requirements for street planning and construction to be followed in the development, review, and approval of site plans, subdivisions, short subdivisions, and new development in existing plats.
(Ord. 1593, 1998)
§ 15.74.020 Construction standards and specifications.
A.
Construction and design standards and specifications for streets are contained in the most recent edition of the document entitled Pacific County road standards, and all streets must be completed in accordance with these standards.
B.
Curbs, gutters, and sidewalks may be required in all of the city's commercial zones (GC, RC, HC, and WFC). When required, curbs, gutters, and sidewalks must be constructed according to construction and design standards and specifications for curbs, gutters, and sidewalks contained in the most recent edition of the document entitled Pacific County road standards.
C.
If a development accesses an existing street or is proposed at the end of an existing street that is not designed to accommodate the expected increase in traffic caused by the new development, then the developer must improve the existing street leading to the development up to the standards required for the expected increase in traffic (see RMC § 15.74.050(B)). Single-family homes, duplexes, and multifamily dwellings up to four units are exempt from this requirement.
(Ord. 1593, 1998)
§ 15.74.030 Approval of construction drawings required before installation.
A.
The city engineer must approve construction plans before any right-of-way improvements may be installed.
B.
The right-of-way improvement plans must be prepared by a licensed engineer on 24-inch by 36-inch size mylar reproducible sheet for approval by the city engineer before starting construction.
C.
The city engineer may require a survey before construction begins. If a survey is required, a copy of the survey must be given to the city.
(Ord. 1593, 1998)
§ 15.74.040 Inspection of public improvements required before final permits are issued.
The city engineer or his representative must inspect all public improvement work before any final land use permit or building permit is issued.
(Ord. 1593, 1998)
§ 15.74.050 Street classification.
A.
If a street is dedicated to public use, the street must be classified as provided in subsection (B) of this section. Classification will be based on the following considerations:
1.
The projected volume of traffic to be carried by the street, stated in terms of the number of trips per day;
2.
The number of dwelling units to be served by the street may be used as an indicator of the number of trips but is not conclusive;
3.
Whenever a subdivision street continues an existing street that used to end outside the subdivision, the classification of the street will be based upon the street in its entirety, both within and outside of the subdivision.
B.
The classification of streets must comply with the most current edition of the Pacific County road standards. The following are road or right-of-way classifications based on the anticipated Average Daily Traffic (ADT) 10 years hence:
(Ord. 1593, 1998)
§ 15.74.060 Street or alley in existing plat used as driveway.
A.
In some existing plats in the city, a street is being used as a driveway because all of the lots created at the time that the area was platted have not yet been built upon. In these situations in existing plats, if a street is used as a driveway, either:
1.
The property owner using the street as a driveway must at all times maintain it in accordance with the standards for a temporary half street, as outlined in RMC § 15.74.090; or
2.
The property owner using the street as a driveway must improve it to city street standards and the city will maintain it.
(Ord. 1593, 1998)
§ 15.74.070 Dedications.
A.
Required minimum street right-of-way width is according to construction standards in the Pacific County road standards.
B.
Easements must be provided for public facilities and utilities as required by the city.
C.
Additional right-of-way may be required to be dedicated as a condition of development approval. In order to conform to minimum standards where developments abut an existing public road or private right-of-way, dedications may be required for extension of the existing public streets or new streets in order to provide continuity with the circulation system.
(Ord. 1593, 1998)
§ 15.74.080 General layout of streets, blocks, and lots.
A.
All streets must be straight, whenever practicable, to the extent necessary to preserve and continue a grid system.
B.
All subdivisions and site plans must provide direct access to at least one existing improved and publicly dedicated street.
C.
Proposed streets should extend to the boundary lines of the proposed subdivision in order to provide for the future development of adjacent tracts, unless prevented by natural or manmade conditions, or unless an extension is determined to be unnecessary or undesirable by the decision-making body.
D.
Street patterns should be designed to expedite traffic movement, reduce conflicts between various types of land uses (including between automobiles and pedestrians), and coordinate the location of proposed buildings with loading and parking facilities.
E.
If possible (considering topography), blocks must have sufficient width to provide for a maximum of two tiers of lots of appropriate depths (according to zoning standards), unless existing conditions make this requirement impractical in the judgment of the decision-making body.
F.
The maximum length of residential blocks should be 600 feet, and minimum length should be 300 feet, unless existing conditions make this requirement impractical in the judgment of the decision-making body.
G.
Streets must be laid out so that the lengths, widths, and shapes of blocks adequately address the following:
1.
Provision of adequate building sites suitable to the type of use contemplated;
2.
The zoning requirements are able to be met on future building permits;
3.
The limitations and opportunities of the topography;
4.
The needs for convenient access, circulation, control and safety of vehicular and pedestrian traffic are considered.
H.
Lots to be created must comply with the following requirements:
1.
Every lot must have a minimum frontage of 50 feet on a public or privately dedicated right-of-way;
2.
Every lot must have access to allow emergency vehicles to enter and exit, as well as for all those likely to need or desire access to the property in its intended use;
3.
Lot lines must be at right angles to street lines or radial to curvilinear streets, unless a variation will result in a better street or lot plan in the opinion of the decision-making body;
4.
Dimensions of corner lots must be large enough to allow for front yard setbacks off both streets; and
5.
Corner lots must be graded to provide sufficient sight clearance at intersections.
(Ord. 1593, 1998)
§ 15.74.090 Temporary half street.
Temporary half streets (i.e., streets that have less than the full required right-of-way and pavement width) may be allowed at the discretion of the decision-making body under the following conditions:
A.
Where the street, when combined with an existing street, a street built simultaneously, or a street anticipated to be built within a reasonable time frame on property adjacent to a subdivision, creates a street that meets the right-of-way and pavement requirements of this code;
B.
Where no more than five dwelling units will use the half street;
C.
Where a temporary half street is allowed, the first half of the half street to be built must be paved, at a minimum, to a width equal to three-quarters of the ultimate paved width;
D.
Where a public right-of-way easement has been or is being dedicated to the city over those portions of the adjacent property to be used as a half street.
(Ord. 1593, 1998)
§ 15.74.100 Coordination with surrounding streets.
A.
The street system of a new subdivision or in an existing plat where new development is proposed must be coordinated with existing, proposed, and anticipated streets outside the subdivision or existing plat (hereafter referred to as "surrounding streets").
B.
Minor collector streets must intersect with surrounding major collector streets at safe and convenient locations.
C.
Access collector streets must connect with surrounding streets where necessary:
1.
To permit the convenient movement of traffic between residential neighborhoods;
2.
To facilitate access to neighborhoods by emergency service vehicles; or
3.
For other sufficient reasons, but connections will not be permitted where the effect would be to encourage the use of such streets by substantial through traffic.
D.
Whenever connections to anticipated or proposed surrounding streets are required by this section:
E.
In addition, the permit-issuing authority may require temporary turnarounds to be constructed at the end of the streets described in subsection (D) of this section, pending their extension when such turnarounds appear necessary to facilitate the flow of traffic or accommodate emergency vehicles.
F.
No temporary dead end streets in excess of 600 feet may be created unless no other practicable alternative is available.
(Ord. 1593, 1998)
§ 15.74.110 Relationship of streets to topography.
A.
Streets must be designed to facilitate drainage and stormwater runoff, and street grades must conform as closely as practicable to the original topography.
B.
The maximum grade at any point on a street must not exceed 15 percent unless no other practicable alternative is available. However, in no case may streets be constructed with grades that create a substantial danger to the public safety in the professional opinion of the city engineer.
(Ord. 1593, 1998)
§ 15.74.120 Cul-de-sacs/turnarounds.
Cul-de-sacs and turnarounds on both public and private streets must conform to the construction standards in the Pacific County road standards.
(Ord. 1593, 1998)
§ 15.74.130 Entrances to streets (driveways).
Driveway standards in new subdivisions and new development in existing lots must conform to the construction standards in the Pacific County road standards.
(Ord. 1593, 1998)
§ 15.74.140 Street intersection.
In addition to the intersection standards outlined in the Pacific County road standards, the following standards apply to new subdivisions and new development in existing lots:
A.
Streets must intersect as nearly as possible at right angles, and no two streets may intersect at less than 60 degrees.
B.
Not more than two streets may intersect at any one point, unless the city engineer certifies to the permit-issuing authority that such an intersection can be constructed with no extraordinary danger to public safety.
C.
Whenever possible, proposed intersections along one side of a street must coincide with existing or proposed intersections on the opposite side of such street. In any event, where a centerline offset (jog) must occur at an intersection, the distance between centerlines of the intersecting streets must be evaluated and designed according to accepted traffic safety standards.
(Ord. 1593, 1998)
§ 15.74.150 Public streets and private roads.
A.
Except as otherwise provided in this section, all lots created after the effective date of the ordinance codified in this title must abut a public street at least to the extent necessary to comply with the access requirement set forth in RMC § 15.74.130.
B.
For purposes of this section, the term "public street" includes a preexisting public street as well as a street created by a subdivider that meets the public street standards of this chapter and is dedicated for public use. The recording of a plat must dedicate the street.
C.
Private roads will not be allowed in subdivided developments of five or more lots.
D.
Private roads may be allowed through the short plat process only where they provide access for four or fewer lots.
E.
If a private road is used and an adjacent property is capable of being short platted with a private road, the roads must be located in such a way as to allow them to be combined into one 60-foot right-of-way in the event that the property owners wish to improve and dedicate it as a public street.
(Ord. 1593, 1998)
§ 15.74.160 Right-of-way improvements and dedication to precede development or building.
A.
Except as noted under subsection (C) of this section, no land use permit or building permit will be issued by the city unless or until the public rights-of-way upon which the subject property abuts are:
B.
The city engineer will consider subsection (A) of this section fulfilled if the circumstances listed below are met. It will be at the discretion of the city engineer, based on knowledge of upcoming projects in the vicinity, safety issues, or sound engineering judgment, as to which method will be allowed or not allowed. Improvements will be considered fully installed:
1.
Where the right-of-way are already improved to their classification standards and dedicated to the city;
2.
Where the city chooses to purchase right-of-way and install the improvements. However, under no circumstances is the city obligated to do this;
3.
Where the applicant installs the improvements himself at his own cost and offers the rights-of-way to the public;
4.
Where the applicant has dedicated the rights-of-way to the public and posted a completion security with the city engineer in accordance with RMC § 15.02.130. The completion security will guarantee the completion of road and/or drainage improvements that are required;
5.
If subsections (B)(1) through (B)(4) of this section are declared unfeasible by the city engineer, then improvements will be considered fully installed if the applicant has dedicated the rights-of-way to the public and elected to pay to the city an amount equal to the cost of installing the improvements. In such circumstances, the funds would be maintained in an account to be used specifically for improvements on that right-of-way within the general vicinity of the project;
6.
A maintenance security may be required if work is not complete at the time of the first sale of property out of the developer's possession.
C.
This section does not apply to:
1.
Building permits for additions, alterations, or repairs within any 12-month period which does not increase the gross floor space of an existing building or facility by more than 50 percent; or
2.
Building permits for residential garages, carports, or accessory structures not intended as a dwelling unit.
(Ord. 1593, 1998)
§ 15.74.170 Attention to disabled persons in street and sidewalk construction.
A.
Whenever curb and gutter construction is used on public streets (see RMC § 15.74.020(B)) wheelchair ramps for disabled persons must be provided at intersections and other major points of pedestrian flow.
B.
Wheelchair ramps and depressed curbs must be constructed in accordance with published standards of the Washington State Building Code addressing accessibility.
(Ord. 1593, 1998)
§ 15.74.180 Street names and house numbers.
§ 15.74.190 Bridges.
Bridges, whether on public roads or private roads, must be designed and constructed to meet minimum requirements set forth in the AASHTO Bridge Specifications and in accordance with the most current edition of the Pacific County road standards.
(Ord. 1593, 1998)
§ 15.74.200 Utilities.
Utilities to be located within the street right-of-way must be constructed in accordance with current franchise and permit procedures and in compliance with the most current edition of the Pacific County road standards.
(Ord. 1593, 1998)
§ 15.74.210 Vacation of public rights-of-way.
§ 15.74.220 Right-of-way permit required.
Before performing any work within a right-of-way, the person performing the work must obtain a right-of-way permit from the city engineer. The city engineer may condition the permit as necessary to protect the public health, safety, and welfare.
(Ord. 1593, 1998)
§ 15.78.010 Natural drainage system utilized to extent feasible.
A.
To the extent practicable, all development must conform to the natural contours of the land and natural and pre-existing human-made drainage ways must remain undisturbed.
B.
To the extent practicable, lot boundaries must coincide with natural and pre-existing human-made drainage ways within subdivisions to avoid the creation of lots that can be built upon only by altering such drainage ways.
(Ord. 1593, 1998)
§ 15.78.020 Developments must drain properly.
A.
All developments must be provided with a drainage system that is adequate to prevent the undue detention or retention of surface water on the development site. Surface water will not be regarded as unduly detained or retained if:
1.
The detention or retention results from a technique, practice or device deliberately installed as part of an approved sedimentation or stormwater runoff control plan; or
2.
The detention or retention is not substantially different in location or degree than that experienced by the development site in its pre-development state, unless such detention or retention presents a danger to health or safety.
B.
No surface water may be channeled or directed into a sewer line.
C.
Whenever practicable, the drainage system of a development must coordinate with and connect to the drainage systems or drainage ways on surrounding properties or streets.
D.
Construction specifications for drainage swales are contained in the most recent edition of the Pacific County road standards.
(Ord. 1593, 1998)
§ 15.78.030 Stormwater management.
All developments must be constructed and maintained so that adjacent properties are not unreasonably burdened with surface waters as a result of the developments. More specifically:
A.
No development may be constructed or maintained so that the development unreasonably impedes the natural flow of water from higher adjacent properties across the development, resulting in substantial damage to the higher adjacent properties; and
B.
No development may be constructed or maintained so that surface waters from the development are unreasonably collected and channeled onto lower adjacent properties, resulting in a volume and/or rate that is substantially greater than the predevelopment volume and/or rate.
(Ord. 1593, 1998)
§ 15.78.040 Erosion control and sedimentation.
A.
Erosion control and water quality control facilities for projects that disturb over five acres must apply to the state Department of Ecology for an NPDES permit.
B.
Erosion control plans are required as a component of the site plan for all plats and all projects which require site plan review. Erosion control plans may include practices such as using straw bales, hydroseeding, etc.
C.
Development of the land may not begin (and no building permits may be issued) until the city engineer approves the erosion control plan.
D.
For purposes of this section, "disturb" means any use of the land by any person in any development, and/or road construction and maintenance that results in a change in the natural cover or topography that may cause or contribute to sedimentation. Sedimentation occurs whenever solid particulate matter, mineral or organic, is transported by water, air, gravity, or ice from the site of its origin.
(Ord. 1593, 1998)
§ 15.78.050 Stormwater system design.
A.
Storm sewers constructed within the street will be sized by the developer's engineer and will consider all potential runoff requirements within the site and upstream of the site.
1.
The storm sewer will be sized for a 100-year design recurrence criteria for storm drainage facilities.
2.
The minimum size of storm sewers is 12 inches in diameter.
3.
Spacing of catchbasins along the street must conform to published engineering recommendations, which consider profile of the street and street width.
B.
On-site detention may be required for new development where downstream deficiencies exist or are anticipated to exist in the next five years. Development that will be less than 5,000 square feet of impervious surface is exempt from detention requirements. The square footage considers the total development of the property including the future potential impervious surface. Recommended design recurrence criteria for a commercial or residential storm drainage detention facility is a 10-year interval.
(Ord. 1593, 1998)
§ 15.78.060 Illegal discharge of materials into the stormwater system.
The discharge of any material other than stormwater into the stormwater system is prohibited.
(Ord. 1593, 1998)
§ 15.80.010 Purpose.
The purpose of this chapter is to promote proper maintenance of signs; thoughtful placement designed to fit within the different land use zones; commercial communications that recognize the need of businesses of various sizes; and creative and innovative design. These shall be done by regulation of the posting, displaying, erection, use, and maintenance of signs. The city and its staff are not empowered to decide on the beauty or attractiveness of any particular sign. Sign permits may not be denied for aesthetic reasons.
(Ord. 1879 § 1, 2018)
§ 15.80.020 Definitions.
For the purpose of this chapter, the following words and phrases are defined as follows:
means a sign remaining in place or not maintained for a period of 90 days, which no longer correctly directs or exhorts any person, or no longer advertises a bona fide business, lessor, owner, product, or activity conducted or available on or off the premises on which such sign is located.
means a sign or sign structure secured or attached by means of rope, chain, sand bags, auger and binder, or other safety means approved by the building official.
means any structure made of cloth, metal, or similar material with a frame attached to a building that may project outwards.
means any temporary sign intended to be hung, with or without framing, and possessing characters, letters, illustrations, or ornamentation applied to fabric or similar material.
means a guiding or warning signal, as a light or fire, especially one in an elevated position.
means any outdoor advertising sign containing a message, commercial or otherwise, unrelated to any use or activity on the premises on which the sign is located. Directional signs and electronic message centers shall not be included in this definition.
means a pedestrian sign that is not attached to or a part of an awning or canopy.
means a roofed and walled structure built for permanent use.
means the city employee, or other specified person, charged with the administration of this chapter.
is a surface intended for the posting of public messages, for example, to advertise items wanted or for sale, announce events, or provide information. Bulletin boards are often made of a material such as cork to facilitate addition and removal of messages, as well as a writing surface such as blackboard or whiteboard. Bulletin boards can also be entirely in the digital domain (see "electronic message center").
See "Awning."
means the city employee, or designee, charged with the enforcement of this chapter.
means a memorial plaque, plate, or tablet with engraved or cast lettering that is permanently affixed to or near the structure or object it is intended to commemorate.
means a use permitted in a particular zoning district only upon showing that such a use in a specific location will comply with all the conditions and standards for the location or operation of such use.
means a temporary sign erected and maintained on a premises undergoing construction which identifies the architects, engineers, contractors, or other individuals or firms involved with the construction of a building; announcing the character of the building or enterprise; or the purpose for which the building is intended.
means an off-premises temporary sign that contains specific directional information and no advertising information. Minor clarification of the type of business is not to be considered advertising. A directional sign may be erected in conjunction with a valid sign permit issued by the Washington State Department of Transportation.
means a sign with two faces.
means a permanent digital sign, like a community bulletin board, located off premises used to display community information. An EMC is not a digital billboard, which advertises a good or service that is located off premises.
means a permanent digital sign located on premises used to advertise goods and services provided at that location. An EMS is not a digital billboard, which advertises a good or service that is located off premises.
means the entire building front or street wall face, from grade to the top of the parapet or eaves, and the entire width of the building elevation.
means any permanent advertising sign mechanically attached and flush-mounted to a building, fence, or wall that is not an integral part of a building and does not protrude beyond 12 inches.
means a permanent sign that is self-supporting in a fixed location and not attached to a building, fence, or wall. Freestanding signs include, but are not limited to, monument signs and pole signs.
means the average elevation as measured at the surface level in the area immediately below the sign, or the center line elevation of the adjacent street, whichever is higher.
means any sign identifying or advertising a home occupation, usually in a residential zone.
means any sign internally illuminated in any manner by an artificial light source. Indirectly illuminated signs shall not be included in this definition.
means a small information sign which pertains to goods, products, services, or facilities which are available on the premises where the sign occurs and intended primarily for the convenience of the public while on the premises.
means any sign externally illuminated in any manner by an artificial light source, such as floodlighting. Illuminated signs shall not be included in this definition.
means a permanent canopy attached to and supported by the building and projecting over the entrance to the building.
means a permanent freestanding sign that is detached from a building and having a support structure that is a solid appearing base constructed of a permanent material such as concrete block or brick.
means a single structure housing more than one retail business, office, or commercial venture, but not including residential apartment buildings.
means a painted or otherwise attached or adhered image or representation on the exterior of a building that is visible from a public right-of-way or neighboring property, does not contain commercial advertisement (is noncommercial in nature), and is designed in a manner so as to serve as public art, to enhance public space, and to provide inspirations; identifying the artist and sponsor is not considered advertisement.
means any sign located within the city on the date of the adoption of the ordinance codified in this chapter which does not conform to the provisions of this chapter, but which did conform to all applicable laws in effect on the date the sign was originally erected.
means any sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located which carries identification and/or directional information.
means a communication device whose message and design relate to a business, an event, goods, profession, or service being conducted, sold, or offered at the same location as where the sign is erected. Additionally, on-premises signs may be programmed to include among its several messages, noncommercial messages and public service announcements.
means a low protective wall along the edge of a roof, bridge, or balcony.
means any sign that is a part of or attached to an awning or canopy.
means a permanent freestanding sign more than six feet in height, except home occupations which cannot exceed five feet in height, that is detached from a building and supported by one or more structural elements that are either: (1) architecturally dissimilar to the design of the sign; or (2) less than one-quarter the width of the sign face.
means any sign, poster, or bill promoting or publicizing candidates for public office or issues that are to be voted upon in a general or special election.
means any moveable sign, such as a sandwich board sign, which is capable of being moved easily and is not permanently affixed to the ground, a structure, or a building.
means the real estate on which a sign mentioned in this chapter is located.
means a sign that is attached to and projects from a structure or building facade further than 12 inches.
means a portable sign erected by the owner, or his agent, advertising the real estate upon which the sign is located for rent, lease, or sale.
means a permanent sign erected, constructed, or placed upon or over the roof of a building and which is wholly or partly attached to the roof or supported by the building or roof structure.
See "Portable sign."
means any object or structure displaying any letters or symbols which are intended to advertise, identify, display, or attract attention to any privately owned, semi-public, or public property, premises, product, or service, and which is visible from any property or right-of-way open to the public.
means the area in square feet of the entire physical portion on which the signage, including printing, logos, decorations, and borders, is to be placed. Signage on a double-faced sign does not increase the sign area. Architectural embellishments, decorative framework, and other artistic features that would be allowed as "art" shall not be considered part of the sign and thus not included in the calculation of the sign area unless it contains advertising. A sign post that has been embellished with art will not be considered part of the sign unless it contains wording or logos. A sign structure shall not be included in the calculation of the sign area. The sign area shall be calculated by multiplying the measurements of the length by the width of the perimeter of the sign area. Measurements will be taken at the widest points for signs with uneven edges. Sign area is calculated by measuring the smallest single rectangle that will enclose the combined letters and symbols.
means the vertical distance from grade to the highest point of a sign. The sign post may be higher for aesthetic value provided there is no advertising on that higher portion.
means any supporting or stabilizing feature included in the construction of a sign. These features include concrete or rock base, undecorated framework, supporting poles, posts, beams, bracing, or other supports as approved by the building official. Structures that perform a separate use, such as telephone booths, bus shelters, Goodwill containers, etc., shall not be considered a sign structure.
means a sign used to promote or provide direction to a special event.
See "Banner sign."
means a public right-of-way.
means the linear frontage of a single parcel of property abutting a public street or streets.
means a device used to produce regular flashes of light.
means any sign or advertising display constructed of cloth, canvas, light fabric, paper, cardboard, or other light materials, with or without frames, intended to be displayed for a limited time only.
means illumination more than that which is reasonably necessary to make the sign reasonably visible to the average person on an adjacent street.
means permission to depart from the literal requirements of this chapter.
means any advertising sign painted onto or directly affixed with a bonding agent (such as a decal) to any surface of a building, including the roof, shall be considered a "wall sign" except where mechanical attachment is used, such as manufactured signs with cabinets, lettering, or symbols that do not protrude more than 12 inches beyond the facade (see "Flush-mounted signs").
means a sign placed upon the interior or exterior surface of a window or placed inside and within three feet of the window, which faces the outside and is intended to be seen primarily from the exterior.
(Ord. 1919 § 1, 2023)
§ 15.80.030 General provisions.
The provisions in this chapter shall apply to all signs within the city; signs not addressed may be permitted through the variance procedures outlined in this chapter. If any provision of this chapter conflicts with a law or regulation, the law or regulation shall prevail.
A.
Enforcement.
1.
Upon presentation of proper credentials, the code enforcing official may enter, at reasonable times, any building, structure, or premises to perform any duty imposed by this chapter.
2.
It is the responsibility of the property owner to remove or cause to be removed, at the owner's expense, any sign in violation of this chapter.
3.
The code enforcing official may order the removal or repair of any sign erected, installed, or otherwise in violation of this chapter by giving 30 days' written notice by certified mail to the owner of such sign, or of the building, structure, or premises on which such sign is located. A nonconforming sign, when otherwise in compliance with this chapter, shall be allowed to continue. If a nonconforming sign is to be replaced, the new sign must be in accordance with the provisions of this chapter.
4.
If the sign owner fails to comply with the written order, the code enforcing official may facilitate removal of the sign at the sign owner's expense.
5.
If, in the opinion of the code enforcing official, the condition of a sign presents an immediate hazard to the health, welfare, or safety of the public, the code enforcing official may cause the immediate removal of such sign, or other action to reduce the hazard.
6.
If a sign is found to be without a sign permit, or an off-premises sign is found to be in violation of this chapter, the code enforcing official may remove the sign without providing any notice to the sign owner.
7.
Where there is any dispute concerning the interpretation of this chapter, the decision of the code enforcing official shall prevail, subject to this chapter's appeal process.
B.
Illumination. Shall be shaded, shielded, directed, or reduced to avoid undue brightness, glare, or reflection on property in the surrounding area to avoid unreasonable distractions to pedestrians or motorists. Rays from indirect illumination for signs shall only shine upon the sign or the property within the premises and shall not spill over the property lines in any direction except by indirect reflection.
C.
Structural Requirements, Installation, and Materials.
1.
Shall be in accordance with the latest adopted edition of the Building Code, as administered by the building official.
2.
Permanent signs shall require a sign permit issued by the city and may require plans and specifications stamped by a registered engineer.
3.
Electrical sign work may require an electrical permit from the Department of Labor and Industries.
D.
State Right-of-Way. The Washington State Department of Transportation (WSDOT) controls, monitors, permits, and enforces sign regulations on SR6, SR105, and SR101 according to WSDOT's Highway Advertising Control handbook per Chapter 47.42 RCW, Scenic Vistas Act, and Chapter 468-66 WAC, Highway Advertising Control Act.
(Ord. 1879 § 1, 2018)
§ 15.80.040 Prohibited signs.
The following signs are prohibited and subject to removal under the enforcement provisions in RMC § 15.80.030:
A.
Abandoned signs.
B.
Signs within the public right-of-way, except when specifically authorized by this chapter.
C.
Signs or sign supporting structures that create a safety hazard for pedestrians or vehicles.
D.
Beacon lights and strobe lights when used in conjunction with a sign or display.
E.
Signs which are placed in a manner or position that obstructs visibility of a preexisting sign.
F.
Signs or sign structures which, by coloring, shape, working, or location, resemble or conflict with traffic control signs or devices.
H.
Signs which are secured to utility poles, other than utility warning and identification signs. Seasonal decorations may be affixed to utility poles and devices when approved by the utility company and city.
I.
Any sign mounted, attached, or painted on a trailer, boat, or motor vehicle when parked, stored, or displayed conspicuously on a private premises in a manner intended to attract attention of the public for the purpose of advertising. This provision excludes signs attached to vehicles or rolling stock that are actively used in the daily conduct of the business when such vehicles are operable and parked in a lawful or authorized manner.
J.
Signs located on roofs, other than wall signs, except that departures will be considered where signs are placed in an architectural space that is specifically incorporated into the roof design or does not project higher than the roof peak.
(Ord. 1879 § 1, 2018)
§ 15.80.050 Exempt signs.
The following signs are exempt from the requirement to obtain a sign permit. The area and number of exempt signs shall not be included in the total area and number of signs allowed per a site or use. This shall not be construed as relieving the owner of a sign from being responsible for the proper erection and maintenance of a sign or compliance with the provisions of this chapter, or any other law or regulation.
A.
Murals.
B.
Wall signs.
C.
Window signs.
D.
Incidental signs.
E.
Seasonal decorations.
F.
Gravestones and grave markers.
G.
Historic site markers or plaques, commemorative plaques, and names of buildings or dates of erection when cut into the surface or the facade of the building or when projecting not more than two inches.
H.
Flags, emblems, or insignias of a nation, or other governmental unit or nonprofit organization, subject to the guidelines concerning their use as set forth by the government or organization which they represent.
J.
Signs on structures intended for separate use such as ice machines, soda machines, cargo containers, recycling bins, etc.
K.
Lettering or symbols permanently painted, magnetically attached, or wrapped on the surface of a vehicle; and adhesive vinyl film affixed to the interior or exterior surface of a vehicle window.
L.
Signs customarily associated with residential use that are not of a commercial nature such as:
M.
Bulletin boards attached to permanent structures, limited to 60 square feet in area, when used to convey community information.
N.
Signs not intended to be viewed from, and not readable from, a public right-of-way.
O.
Point-of-purchase advertising displays, such as product dispensers.
(Ord. 1879 § 1, 2018)
§ 15.80.060 Temporary signs.
Temporary signs must be securely anchored to withstand the expected wind velocities in the area of placement. A minimum of four feet of unobstructed sidewalk shall remain clear for public use. The following temporary signs are permitted and do not require a sign permit:
A.
Sidewalk Signs and Displays.
1.
Sandwich/A-frame signs, outdoor sales displays, and other retail-oriented displays and fixtures are permitted on-premises. Such signs and displays shall be removed by the business owner from the public right-of-way during nonbusiness hours.
2.
Four signs per business, per street frontage, each not to exceed four feet in height and 12 square feet in area.
B.
Grand Opening Signs.
C.
Special Event or Promotional Signs and Displays.
1.
Signs, banners, posters, pennants, strings of lights, and balloons are permitted on-premises for a period of up to 30 days to announce the special event or promotion.
2.
One on-premises inflatable or moving sign or display is allowed per business, per street frontage, and may not exceed 16 feet in height.
3.
Shall be removed by the sponsor at the conclusion of the event, promotion, or 30-day period.
D.
Construction Signs.
1.
One on-premises sign per street frontage, each not to exceed six feet in height and 32 square feet in area.
2.
Shall be removed by a representative of the construction project within 30 days of project completion or expiration of the building permit, whichever occurs first.
3.
Up to four off-site directional signs may be placed to direct the public to the construction site, one at each intersection where a change in direction is necessary to reach the site. Directional signs may not exceed four feet in height and three square feet in area.
E.
Political Signs.
1.
May be displayed on private property with the consent of the property owner.
2.
In a residential zone a sign may not exceed four feet in height and six square feet in area.
3.
In a commercial or industrial zone, a sign may not exceed six feet in height and 32 square feet in area.
4.
Are prohibited in the public right-of-way.
5.
Must be removed by a campaign sponsor within five days following the election.
F.
Real Estate Signs.
1.
One on-premises sign per street frontage.
2.
A single-family residential real estate sign may not exceed four feet in height and six square feet in area.
3.
A commercial or industrial real estate sign may not exceed six feet in height and 32 square feet in area.
4.
Up to four off-site directional signs may be placed to direct the public to the real estate site, one at each intersection where a change in direction is necessary to reach the site. Directional signs may not exceed four feet in height and three square feet in area. The signs must be removed by the realtor or agent within five days of closing the real estate transaction.
H.
Garage, Yard, Patio, Etc., Sale Signs.
1.
One on-premises sign is allowed per street frontage, not to exceed four feet in height and six square feet in area, and shall be posted no more than three days prior to the sale and removed by the event sponsor within two days following the sale.
2.
Two off-premises directional signs may be placed within the outer edges of a public right-of-way per sale. Directional signs may not exceed four feet in height and three square feet in area and shall be posted no more than one day prior to the sale and removed by the event sponsor within two days following the sale.
(Ord. 1879 § 1, 2018)
§ 15.80.070 Maintenance of signs.
A.
No permit shall be required for nonstructural repair, cleaning, repainting, or other normal maintenance or alterations that do not change the size or structure of a sign.
B.
All signs and components shall be constantly maintained in a state of security, safety, appearance, and repair. If any sign is found not to be so maintained, or is insecurely fastened or otherwise dangerous, it shall be the duty of the owner and/or occupant of the premises on which the sign is fastened to repair or remove the sign.
C.
If, in the opinion of the code enforcing official, the condition of a sign presents an immediate hazard to the health, welfare, or safety of the public, the code enforcing official may cause the immediate removal of such sign, or other appropriate action to reduce the hazard under the sign enforcement provisions contained in RMC § 15.80.030.
(Ord. 1879 § 1, 2018)
§ 15.80.080 Conservation zone.
(Ord. 1879 § 1, 2018)
§ 15.80.090 Residential zone.
The following sign regulations apply to the residential zone:
A.
Permitted home occupations are allowed one on-premises sign not to exceed 12 square feet in area. A freestanding sign shall not exceed five feet in height.
B.
Approved conditional uses, such as but not limited to a nursing home, mobile home park, multifamily complex, municipal/civic building, community center, school, church or similar developments, are permitted one on-premises freestanding sign per street frontage not to exceed 14 feet in height and 32 square feet in area, and one of the following per street frontage:
(Ord. 1879 § 1, 2018)
§ 15.80.100 Commercial and industrial zones.
The following sign regulations apply to the commercial and industrial zoning districts:
A.
One on-premises freestanding sign is permitted per building; see Table 1 for zone requirements.
1.
One additional freestanding sign may be permitted on a parcel one acre or larger and each sign may be increased to 48 square feet in area.
2.
Freestanding signs shall be set back from the property line at least one-half the distance of the length of the sign to preclude the sign from protruding over the property line; the entire sign is to be contained within the confines of the premises on which it is installed.
3.
Service stations may install an additional 48 square feet of sign area to display fuel prices.
B.
One roof sign is permitted not to exceed 48 square feet in area. Signs located on roofs will be considered when signs are placed in an architectural space that is specifically incorporated into the roof design or does not project higher than the peak of the roof.
C.
One projecting sign is permitted not to exceed 32 square feet in area.
1.
Must be mounted at a right angle to the plane of the building facade or corner and must not extend more than six feet beyond the facade of the building.
2.
Must maintain a minimum of eight feet vertical clearance over pedestrian walkways.
3.
Angle irons, guy wires, or braces shall be at least eight feet above the pedestrian walkway.
4.
May not project to within two feet of the curb line or the street or, where no curb exists, to within two feet of the paved or graveled edge of the roadway.
D.
Flush-mounted signs are permitted.
1.
One EMS is permitted; see Table 1 for zone size requirements).
E.
One pedestrian or bracket sign is permitted not to exceed 12 square feet in area.
1.
Must be mounted at a right angle with the plane of the building facade or corner and must not extend beyond the awning, when applicable.
2.
Must maintain a minimum of eight feet vertical clearance over pedestrian walkways.
3.
Angle irons, guy wires, or braces shall be at least eight feet above the pedestrian walkway.
4.
May not project to within two feet of the curb line or the street or, where no curb exists, to within two feet of the paved or graveled edge of the roadway.
F.
In Multiple-Tenant Buildings.
1.
One freestanding sign is permitted; see Table 1 for zone requirements. An additional 12 square feet in area is permitted per each licensed tenant, not to exceed 72 square feet in additional sign area.
2.
Each business licensee may have one flush-mounted sign, or one projecting sign not to exceed 32 square feet in area, and one pedestrian or bracket sign not to exceed 12 square feet in area.
3.
A projecting, pedestrian, or bracket sign:
a.
Shall be mounted at a right angle with the plane of the building facade or corner and must not extend beyond the awning, when applicable.
b.
Must maintain a minimum of eight feet vertical clearance over pedestrian walkways.
c.
Angle irons, guy wires, or braces shall be at least eight feet above the pedestrian walkway.
d.
May not project to within two feet of the curb line or the street, or where no curb exists, to within two feet of the paved or graveled edge of the roadway.
G.
One permanent off-premises directional sign may be permitted in conjunction with a valid sign permit issued by the WSDOT to direct the public to an establishment that is not on a direct route in conjunction with a WSDOT installed sign. The directional sign may not exceed two square feet in area.
Table 1: Freestanding Signs | |||
|---|---|---|---|
Zone | Maximum Sign Height | Setback from Property Line | Maximum Sign Area |
GC | 18 feet | 1/2 of sign length | 32 square feet |
GC adjoining highway1 | 28 feet | 1/2 of sign length | 48 square feet |
RC | 18 feet | 1/2 of sign length | 32 square feet |
RC oriented towards highway2 | 28 feet | 1/2 of sign length | 48 square feet |
WFC | 18 feet | 1/2 of sign length | 32 square feet |
M-1 | 28 feet | 1/2 of sign length | 48 square feet |
M-2 | 28 feet | 1/2 of sign length | 48 square feet |
Monument1, 2 | 8 feet | 1/2 of sign length | 48 square feet |
Monument | 6 feet | 1/2 of sign length | 32 square feet |
1 | Businesses located within the GC zone which are oriented towards US101 and/or SR6 and either adjoin the highway or are not separated from the highway by a public right-of-way. |
2 | Businesses located within the RC zone which are located along Sixth Street or the vacated portion of Sixth Street and are oriented towards US101. |
(Ord. 1879 § 1, 2018)
§ 15.80.110 Submitting sign application, related materials, and application fee.
A.
Persons requesting a sign permit must submit the following to the clerk/treasurer:
1.
A sign permit application form provided by the city.
2.
A site plan (sketch, plan, or design showing the property lines, existing buildings, proposed sign location, and sign setbacks).
3.
A scaled drawing of the proposed sign, including size, height, structural and footing details, material specifications, method of attachment, illumination, front and end views, and any other information required by the building official.
4.
A registered engineer's stamp of approval, when applicable.
5.
Sign permit fee.
B.
The clerk/treasurer will forward the items in subsections (A)(1) through (A)(4) of this section to the building official.
(Ord. 1879 § 1, 2018)
§ 15.80.120 Variances.
C.
Planning Commission. Any person may apply to the planning commission for a variance from the requirements of this chapter. A variance may be granted by the city council when the literal interpretation and strict application of the provisions and requirements of this chapter would cause hardship because of unique or unusual conditions pertaining to the specific property in question. The city council may grant a variance from the provisions or the requirements of this chapter only where:
1.
The granting of the variance would not be materially detrimental to the property owners in the vicinity and the traveling public.
2.
The existence of an unusual site characteristic, such as topography, existing development, or adjacent development, which precludes an allowable sign from being effectively visible from the public roadway adjacent to the site.
3.
The requirement to remove a sign would constitute a severe or extreme economic hardship to the business or activity involved.
D.
In granting a variance, the city council may attach thereto such conditions regarding the location, size, character, and other features of the proposed sign as it may deem necessary to carry out the spirit and purpose of this chapter in the public interest.
(Ord. 1879 § 1, 2018)
§ 15.80.130 Liability.
This chapter shall not be constituted to relieve or lessen the responsibility of any person owning, building, altering, constructing, or removing or moving any sign in the city for damages to anyone injured or damaged either in person or property by any defect or action herein, nor shall the city, or any agent thereof, be held as assuming such liability by reason of permit or inspection authorized herein or a certificate of inspection issued by the city or any of its agents.
(Ord. 1879 § 1, 2018)
§ 15.80.140 Violation – Penalties.
Any person found in violation of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punishable by a fine of not more than $500.00, or by imprisonment for not more than 30 days, or both.
(Ord. 1879 § 1, 2018)
§ 15.82.010 General parking requirements.
A.
When parking areas or lots are required by this code, they must be configured so as not to functionally and visually intrude onto public sidewalks or trail corridors.
B.
Permanent parking areas must be paved and drained.
C.
Landscape areas must be protected with curbs, wheel stops, or other design methods to prevent damage from parking vehicles.
D.
An off-street parking space must be at least nine feet in width and 18 feet in length. The space must have a vertical clearance of at least seven feet. A maximum of 50 percent of the required space may be utilized as compact stalls measuring eight feet wide by 16 feet in length.
E.
Maneuvering space (to prevent backing onto streets) must be provided for all lots.
F.
Required parking spaces may not be used for the storage of vehicles or materials used in conducting the business.
(Ord. 1593, 1998)
§ 15.82.020 Parking requirements in land use districts.
H.
On-street parking is permitted in the W district.
(Ord. 1593, 1998)
§ 15.82.030 Loading and unloading areas.
A sufficient off-street loading and unloading area must be provided to accommodate the delivery or shipment operations in a safe and convenient manner whenever the normal operation of any development requires that goods, merchandise, or equipment be routinely delivered to or shipped from that development.
(Ord. 1593, 1998)
§ 15.82.040 Handicapped parking requirements.
When off-street parking is required by this code, off-street parking and access for physically handicapped persons must be provided in accordance with Chapters 19.27 and 70.92 RCW (Public Buildings – Provisions for Aged and Handicapped), which generally requires:
A.
One handicap stall for parking lots of one to 25 stalls; two handicap stalls for parking lots of 26 to 50 stalls; three handicap stalls for parking lots of 51 to 75 stalls, etc.
B.
One out of every eight handicap stalls must be sized to accommodate a handicap van-sized vehicle or provide at least one handicap van stall.
C.
The handicap stall must be 96 inches wide with a 60-inch aisle for a handicap vehicle, and 96 inches wide with a 96-inch aisle for a handicap van. Two handicap stalls may share the aisle space.
(Ord. 1593, 1998)
§ 15.84.010 Adopted.
All building and building-related codes as currently adopted, or as shall be adopted in future enactments by the state of Washington pursuant to RCW 19.27.031, together with all amendments as currently enacted, or as shall be enacted by the state of Washington, are hereby adopted as, and are herein referred to as, the building codes for the city of Raymond; provided, that all additions, deletions, and amendments as set forth in this title are also adopted.
C.
Uniform Plumbing Code, 2012 Edition, as amended by Chapters 51-56 WAC; provided, that any provisions of such code affecting fuel gas piping are not adopted.
E.
International Fuel Gas Code, 2012 Edition, except that the standards for liquefied petroleum gas installations shall be NFPA 58 (Storage and Handling of Liquefied Petroleum Gases) and ANSI Z223/NFPA 54 (National Fuel Gas Code).
F.
International Code Council Performance Code for Buildings and Facilities, 2012 Edition, published by the International Code Council.
G.
International Property Maintenance Code, 2012 Edition, published by the International Code Council.
H.
International Existing Building Code, 2012 Edition, published by the International Code Council.
J.
Uniform Code for the Abatement of Dangerous Buildings.
These codes are adopted as the building code and standards of the city of Raymond; provided, that those sections of the International Building Code set forth in RMC § 15.84.012 and those sections of the International Residential Code set forth in RMC § 15.84.014 are amended to read as set forth in said sections. |
(Ord. 1850 § 1, 2016)
§ 15.84.012 Amendments – Addition – Building code.
The following sections of the International Building Code as adopted in RMC § 15.84.010 are amended to read as follows:
Section 101.1. These regulations shall be known as the Building Code of the City of Raymond, Washington, hereinafter referred to as "this code." |
Section 101.4.1. Electrical. The provisions of RCW 19.28 as adopted by the State of Washington shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. |
Section 101.4.4. Plumbing. The provisions of the City of Raymond Plumbing Code as adopted by Raymond Municipal Code Chapter 15.84 shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the State of Washington requirements for private sewage disposal shall apply to private sewage disposal systems. |
Section 101.4.5. Property Maintenance. The provisions of the City of Raymond Property Maintenance Code adopted by Raymond Municipal Code Chapter 15.84 shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards, responsibilities of owners, operators and occupants; and occupancy of existing premises and structures. |
Section 101.4.7. Energy. The provisions of the State of Washington Energy Code adopted by City of Raymond Chapter 15.84 and the State of Washington Ventilation and Indoor Air Quality Code adopted by Raymond Municipal Code Chapter 15.84 shall apply to all matters governing the design and construction of buildings for energy efficiency. |
Section 108.3 shall have a new sentence added to the end of the paragraph as follows:
The value for commonly built structures shall be determined by using the valuation table adopted by the Building Official by policy. |
(Ord. 1691 § 2, 2005)
§ 15.84.014 Amendments – Addition – Residential code.
The following sections of the International Residential Code as adopted in RMC § 15.84.010 are amended to read as follows:
Table 1001.2(a), Climatic and Geographic Design Criteria, to be filled in as follows:
Ground Snow Load: 25 psf |
Wind Speed (mph): 100 |
Seismic Design Category: D2 |
Subject to Damage From Weathering: Moderate |
Frost Line Depth: 12" |
Termite: Slight to Moderate |
Decay: Slight to Moderate |
Winter Design Temp: 28° F |
Ice Shield Underlayment Req.: No |
Air Freezing Index: 97 |
Mean Annual Temperature: 51° F |
(Ord. 1691 § 3, 2005)
§ 15.84.020 Duties of the building inspector.
The duties of the building inspector are described in the model codes listed above.
(Ord. 1593, 1998)
§ 15.84.030 Building permit.
A.
No building or other structure may be erected, moved, added to, or structurally altered without a permit issued by the building inspector. No building permit may be issued except in conformity with the provisions of this code.
B.
When required by the building inspector, all applications for building permits must be accompanied by plans in duplicate, drawn to scale, showing:
C.
The application must include such other information as lawfully may be required by the building inspector, including:
1.
Existing or proposed building or alteration;
2.
Existing or proposed uses of the building and land;
3.
The number of families, housekeeping units, or rental units the building is designed to accommodate;
4.
Conditions existing on the lot; and
5.
Other matters as may be necessary to determine conformance with and provide for the enforcement of this code.
D.
One copy of the plans will be returned to the applicant by the building inspector after marking the copy approved or disapproved and signing the copy. The second copy of the plans will be retained by the building inspector.
E.
If work described in any building permit has not begun within 180 days from the date of issuance of the permit, the permit will expire, the permit will be canceled by the building inspector, and written notice that the permit has expired will be given to the applicant.
(Ord. 1593, 1998)
§ 15.84.040 Building permit fees.
Building permit fees are set by resolution.
(Ord. 1593, 1998)
§ 15.84.050 Side sewer permit.
No building permits for primary use structures will be issued without the applicant having first secured a side sewer permit per RMC § 15.76.110.
(Ord. 1593, 1998)
§ 15.84.060 Only construction in compliance with approved plans authorized.
A.
Building permits issued on the basis of plans and applications approved by the building inspector authorize only the construction set forth in such approved plans and application and no other construction.
(Ord. 1593, 1998)
§ 15.84.070 Accessory buildings.
Accessory buildings may not be constructed before construction of the main building.
(Ord. 1593, 1998)
§ 15.84.080 Fences.
§ 15.84.090 Retaining walls.
§ 15.84.100 Signs.
Sign permits are required for sign installations and must comply with the regulations of Chapter 15.80 RMC.
(Ord. 1593, 1998)
§ 15.84.110 Repairs and maintenance.
Nothing in this code prevents the strengthening or restoring to a safe condition of any building or structure declared unsafe by any official charged with protecting public safety.
(Ord. 1593, 1998)
§ 15.84.120 Inspection of improvements.
A.
Before signing off the final inspection, the building inspector will inspect all improvements installed as a requirement of this code or as a condition of permit on or adjacent to the site.
B.
Any improvements found to be damaged by the builder must be repaired before receiving final inspection sign-off.
(Ord. 1593, 1998)
§ 15.84.130 Penalties and enforcement.
A.
A person who violates the provisions of this chapter or who fails to comply with any of its requirements shall be subject to the procedures and sanctions set forth in the Infraction Rules for Courts of Limited Jurisdiction (IRLJ), or any amendments thereto. The first violation within a 12-month period shall be subject to a civil penalty of up to $1,000, of which $100.00 cannot be suspended or waived. A second violation within a 12-month period shall be subject o a civil penalty of up to $1,000, of which $150.00 cannot be suspended or waived. A third or subsequent violation within a 12-month period shall be subject to a civil penalty of up to $1,000, of which $250.00 cannot be suspended or waived.
B.
In addition to the civil penalty provisions provided in the Infraction Rules for Courts of Limited Jurisdiction or any amendments thereto, any person who violates any of the provisions of this chapter is guilty of a misdemeanor, and each day or portion thereof during which a violation is committed, continued, or not permitted shall constitute a separate offense. The penalty for each violation is a fine of not more than $1,000 or imprisonment for not more than 90 days or both. The principles of liability contained in Chapter 9A.08 RCW, including but not limited to, liability for conduct of another shall apply to the enforcement of this title as shall all judicial interpretations thereof.
C.
When a court determines that a person has committed a civil infraction under this title and the Infraction Rules for Courts of Limited Jurisdiction or any amendments thereto, the city of Raymond may collect penalties, assessments, costs, and or fines by any procedure established for the collection of debts that are owed to the city.
D.
Any disposition of a violation pursuant to this chapter and the Infraction Rules for Courts of Limited Jurisdiction or any amendments thereto shall not absolve a person from correcting or abating a violation and shall not prevent the prosecuting authority from pursuing criminal prosecution, other civil action including but not limited to, injunctive relief, license revocation, and abatement, or all of the above. If the city of Raymond prevails in a separate civil action, the court may award the city reasonable costs, including but not limited to, the costs of the responsible official's time, witness fees, attorney fees, court costs, and the costs to the city of abatement or of enforcement of an injunction, or both.
E.
Any or all of the remedies articulated in this section may be used by the city to enforce this chapter. Nothing contained in this chapter shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. 1743, 2008)
§ 15.86.010 Adopted.
There is adopted, except as amended in this chapter, that certain code known as the International Fire Code, 2003 Edition, as amended by Chapter 51-54 WAC, including those standards of the National Fire Protection Association specifically referenced in the International Fire Code; provided, that notwithstanding any wording in this code, participants in religious ceremonies shall not be precluded from carrying hand-held candles. Section 503, Fire Apparatus Access Roads, is also adopted. Finally, such adoption shall include Appendices B, C, D, E, F and G.
(Ord. 1593, 1998; Ord. 1691 § 5, 2005)
§ 15.86.020 Amendments – Additions.
The following sections of the International Fire Code as adopted in RMC § 15.86.010 are amended to read as follows:
Section 101.1 Title. These regulations shall be known as the Fire Code of the City of Raymond hereinafter referred to as "this code."
A.
Wherever the word "jurisdiction" is used in the International Fire Code, it means the city of Raymond.
B.
Wherever the term "corporate counsel" is used in the International Fire Code, it means the attorney for the city of Raymond.
C. "Fire department"
means the city of Raymond fire department.
D. "Fire chief"
means the chief of the city of Raymond fire department.
Section 506.1 Where Required. Where access to or within a structure or area is restricted because of secured openings or where immediate access is necessary for life saving or fire fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. Key boxes will be installed in approved locations on all new commercial structures and developments. The key box will be of an approved type and shall contain keys to gain necessary access as required by the fire code official. |
(Ord. 1593, 1998; Ord. 1691 § 6, 2005)
§ 15.86.030 Fire marshal approval prior to issuance of permits.
No permit subject to this chapter will receive final approval until the fire marshal has verified that the provisions of this chapter are satisfied.
(Ord. 1593, 1998)
§ 15.86.040 Hydrants to be served by city of Raymond.
All water mains and fire hydrants required by this chapter must be served by the city of Raymond water system.
(Ord. 1593, 1998)
§ 15.86.050 Hydrant standards.
Every development must include a system of fire hydrants sufficient to provide adequate fire protection for the buildings located or intended to be located within the development.
(Ord. 1593, 1998; Ord. 1691 § 7, 2005)
§ 15.86.060 Piping and flow standards.
The following standards relating to water mains, hydrant branches, and fire flow apply to all new development in the city unless waived or modified, pursuant to RMC § 15.86.090:
A.
Hydrant branches must not have a domestic supply outlet and must meet the design standards of the city (see Chapter 15.76 RMC).
B.
New or replaced water mains serving fire hydrants must meet the design standards of the city (see Chapter 15.76 RMC).
C.
Flow Requirements.
1.
Service mains supplying hydrants must be designed to provide not less than 500 GPM at 20 pounds per square inch (psi) residual pressure over and above the computed maximum daily domestic consumption for the period of time specified in the Washington Survey and Rating Bureau's Grading Schedule, Table 4.
2.
In addition, service mains supplying hydrants must provide the fire flow required to each building covered at the number of gallons per minute specified in UFC Appendix IIIA, except as to single dwellings. The fire marshal may require construction in compliance with design from a registered professional engineer in order to assure that the required fire flow will be achieved.
(Ord. 1593, 1998)
§ 15.86.070 Plan approval required.
A.
Before any new hydrants or mains serving hydrants are installed, the developer must provide plans, prepared by a licensed engineer, for review by the city.
B.
Upon completed installation and acceptance by the city, the developer must give the fire marshal two copies of the accurate and identifiable as-built drawings or plans showing the location of all mains, hydrant branches, valves, and fire hydrants installed.
(Ord. 1593, 1998)
§ 15.86.080 Plan review.
A.
The fire marshal must certify that the plans have been reviewed before a development permit for any new or substantially altered commercial building, plat development, or residential complex is issued.
B.
If the plans are in compliance with this chapter, a notice of approval for issuance of a building permit will be forwarded to the building inspector. The approval will be based on the provisions of this chapter being satisfied before the start of any construction.
(Ord. 1593, 1998)
§ 15.86.090 Waiver and modification.
§ 15.86.100 Obstruction prohibited.
§ 15.86.120 Violation – Misdemeanor.
Any person who violates any of the provisions of this chapter or the International Fire Code adopted herein or fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the city council, or by a court of competent jurisdiction, within the time fixed therein, is for each and every violation or failure to comply, guilty of a misdemeanor and subject to RMC § 15.02.140. The imposition of a criminal penalty shall not excuse the violation or permit it to continue and shall not be held to prevent the enforced removal of prohibited conditions.
(Ord. 1691 § 8, 2005)
§ 15.88.010 Definitions.
A.
General. Whenever the following words and phrases appear in this chapter, they shall be given the meaning attributed to them by this section. When not inconsistent with the context, words used in the present tense include the future; the singular shall include the plural, and plural the singular; the word "shall" is always mandatory, and the word "may" indicates a use of discretion in making decisions. The words "used"/"occupied" include the words intended, designed, or arranged to be used/occupied.
1. "Antenna"
means the surface from which wireless radio signals are sent from and received by a wireless communication facility.
2. "Carrier"
means an FCC-licensed entity that provides wireless mobile telecommunications services for hire to the general public in accordance with Parts 22 and 24 of the FCC Rules and Regulations.
3. "Co-location"
means the use of a single mount and/or site by more than one licensed wireless communication carrier. "Co-location" also means the use by one or more carriers of an existing structure as a telecommunications antenna mount such as a water tank, fire station, electrical substation, utility pole, tower, etc.
4. "Commercial mobile radio services"
means any of several technologies using radio signals at various frequencies to send and receive voice, data, and video.
5. "Concealment technology"
means the use of technology through which a wireless communication facility is designed to resemble an object which is not a wireless communication facility and which is already present in the natural environment, or designed to resemble or placed within, an existing or proposed structure.
6. "Equipment cabinet"
means an enclosed structure at the base of the mount within which are housed batteries and electrical equipment necessary for the operation of a WCF. This equipment is connected to the antenna by cable.
9. "Guyed tower"
means a monopole or lattice tower that is tied to the ground or other surface by diagonal cables.
10. "Height"
shall mean, when referring to a WCF or other structure, the distance measured from ground level to the highest point on the WCF or other structure, even if said highest point is an antenna.
11. "Lattice tower"
means a type of mount that is either self-supporting with multiple legs and cross bracing of structural steel or additionally supported with diagonal cables.
12. "Licensed carrier"
means a company authorized by the FCC to build and operate a commercial mobile radio service system.
13. "Maintenance"
means emergency or routine repairs, reconstruction of previously approved facilities, or replacement of transmitters, antennas, or other components of previously approved facilities which do not create a significant change in visual impact or an increase in approved use(s).
14. "Modification"
means the changing of any portion of a structure/use/activity from its description in a previously approved permit.
15. "Monopole"
means the type of mount that is self-supporting with a single shaft, typically of wood, steel or concrete.
17. "Review authority"
means the Raymond city council.
18. "Speculation ('spec') tower"
means a tower designed for the purpose of providing location mounts for wireless communication facilities without a binding commitment or option to lease a location upon the tower by a service provider at time of initial application.
19. "Structure"
means anything constructed, erected, or located on the ground or water, or attached to the ground or to an existing structure, including but not limited to residences, apartments, barns, stores, offices, factories, sheds, cabins, mobile and floating homes, and other buildings.
20. "Tower"
means a mast, pole, or monopole, guyed or freestanding lattice tower designed and primarily used to support antennas associated with wireless communication service. A speculation tower may consist of any one of these tower types. As part of the service, the term "tower" includes, but is not limited to, microwave towers, common carrier towers, personal communication service (PCS), and cellular telephone towers.
21. "Visually compatible"
means the relative visibility of a wireless communication facility, where that facility does not noticeably contrast with the surrounding landscape. Visibly compatible facilities may be partially visible, but not visually dominant in relation to their surroundings.
22. "Wireless communication facility (WCF)"
means an unstaffed facility owned and/or operated by a carrier for the transmission or reception of radio frequency signals, usually consisting of an equipment shelter containing electronic equipment, a support structure, antennas or other transmission and reception devices.
(Ord. 1659, 2002)
§ 15.88.020 Intent.
The intent of this chapter is to provide for the regulation of the initial construction or expansion of wireless communication facilities. The city of Raymond desires to accommodate the increasing communication needs of residents, businesses, and visitors, while protecting the public health, safety and general welfare as well as visual and aesthetic considerations. These regulations are established:
A.
To direct the location of wireless communication facilities to areas which will allow for minimal impacts within the city;
B.
To protect residential, commercial and shoreline areas and land uses from potential adverse impacts of wireless communication facilities;
C.
To accommodate the growing need for wireless communication facilities;
D.
To promote and encourage shared use/co-location of wireless communication facilities as the preferred option;
E.
To avoid or minimize potential damage to adjacent properties from tower failure through engineering and careful siting of wireless communication facilities;
F.
To provide a process and uniform comprehensive standards for the development and regulation of personal wireless communication facilities;
G.
To enhance the ability to provide communications services to residents, businesses and visitors; and
H.
To protect the city's natural resources, and historical resources by minimizing adverse visual and aesthetic impacts of wireless communication facilities through careful design, siting, landscape screening and innovative aesthetic mitigation.
(Ord. 1659, 2002)
§ 15.88.030 Consistency statement.
These regulations pertaining to wireless communication facilities shall be construed to be consistent with any federal or state standards regulating wireless service facilities which preempt or take precedence over the regulations herein. In the event that either the federal or state government adopt regulations pertaining to wireless communication facilities more stringent than those described herein, the most stringent regulations shall govern.
(Ord. 1659, 2002)
§ 15.88.040 Applicability.
All wireless communication facilities located within the city of Raymond, whether upon private, public, or city owned lands, shall be subject to this chapter, unless exempted under RMC § 15.88.050.
(Ord. 1659, 2002)
§ 15.88.050 Exclusions.
The following uses and activities shall be exempt from the regulations contained in this chapter:
A.
Emergency or routine repairs, reconstruction, or routine maintenance of previously approved facilities, or replacement of transmitters, antennas, or other components of previously approved facilities which do not create a significant change in visual impact;
B.
Ham radio, amateur sole source emitters, citizen band transmitters and accessory structures including antennas;
C.
Two-way communication transmitters used on a temporary basis by "911" emergency services, including fire, police, and emergency aid or ambulance services;
D.
Radio transceivers normally hand-held or installed in moving vehicles, such as automobiles, trucks, watercraft, or aircraft. This includes cellular phones;
E.
Military and civilian radar, operating within the regulated frequency ranges, for the purpose of defense or aircraft safety;
F.
Machines and equipment that are designed and marketed as consumer products such as TV satellite dishes, microwave ovens, and remote control toys;
G.
Two-way broadband antenna(s) smaller than one meter in any dimension operating at less than seven watts effective radiated power (ERP) for use by a dwelling unit occupant for personal use or home occupation; and
H.
Government and public utility communications facilities.
(Ord. 1659, 2002)
§ 15.88.060 General requirements.
A.
No WCF shall be constructed or operated within the city of Raymond until all necessary approvals and permits have been secured.
B.
An application for a WCF shall include both the licensed carrier and the landowner of the subject property.
C.
A conditional use development permit application approval shall be required for the construction and operation of all WCFs.
E.
A new conditional use development permit shall be required for all modifications, not constituting maintenance, to an approved WCF permit.
F.
If co-location or concealment technology is not feasible, the applicant shall demonstrate that such locations or concealment technology designs are unworkable for the carrier's coverage plan.
G.
All approvals for a WCF shall become null, void, and nonrenewable if the facility is not constructed and placed into service within two years of the date of final approval from the city of Raymond, or superseding administrative or court decision.
H.
The applicant, co-applicant, or tenant shall notify the city engineer of all changes in applicant and/or co-applicants or tenants of a previously permitted WCF permitted under this section within 90 days of the change. Failure to provide appropriate notice shall constitute a violation of the original permit approval.
I.
All WCFs must comply with all applicable city of Raymond regulations and the permit conditions authorizing the WCF. Violators shall be subjected to the sanctions listed in Chapter 15.02 RMC.
J.
No on-premises storage of material or equipment shall be allowed other than that used in the operation and maintenance of the WCF site.
K.
Speculation towers are not permitted.
L.
The city engineer may require independent verification of the analysis provided by the applicant at the applicant's expense.
(Ord. 1659, 2002)
§ 15.88.070 Registration of wireless communication carriers and providers.
Upon the request of the city engineer, all wireless communication carriers and providers that offer or provide to the public any wireless communication services for a fee within the city of Raymond, shall register each WCF with the Raymond city clerk/treasurer.
(Ord. 1659, 2002)
§ 15.88.080 Application submittal requirements.
All WCF installations require a conditional use development permit. The following information must be submitted together with the application form provided by the city:
A.
An accurate and to-scale site plan showing the location of the tower, guy anchors (if any), antennas, equipment cabinet and other uses accessory to the communication tower or antenna. The site plan shall include a description of the proposed tower including use of concealment technology if applicable.
B.
A visual study containing, at a minimum, a graphic simulation showing the appearance of the proposed tower antennas, and ancillary facilities from at least three points within a two mile radius. Such points shall include views from public places including but not limited to parks, rights-of-way, and waterways and chosen by the city of Raymond at a pre-application conference, to ensure that various potential views are represented.
C.
The distance from the nearest WCF and nearest potential co-location site.
D.
A report/analysis from a Washington State licensed professional engineer documenting the following:
1.
The feasibility of co-location;
2.
How the application meets the requirements of RMC § 15.88.090(B)(4) and (B)(5) (if applicable);
3.
The reason why the WCF must be constructed at the proposed height (if applicable);
4.
Tower height and design, including technical, engineering, economic, and other pertinent factors governing selection of the proposed design such as, but not limited to, an explanation of the failure to employ concealment technology;
5.
Total anticipated capacity of the structure, including number and types of antennas, which can be accommodated;
6.
Evidence of structural integrity of the tower structure as required by the building official under Raymond Municipal Code;
7.
Failure characteristics of the tower; and
8.
Ice hazards, seismic and wind load survivability, and mitigation measures, which can be employed.
E.
Documentation demonstrating compliance with nonionizing electromagnetic radiation (NIER) emissions standards set forth by the Federal Communication Commission as outlined in "A Local Government Official's Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance" or a subsequent FCC publication delineating required radio frequency performance standards.
F.
A signed agreement, stating that the applicant will allow co-location with other users, with competitive rates comparable within the region, provided all safety, structural, and technological requirements are met. This agreement shall also state that all future owners or operators will allow co-location on the tower.
G.
A statement documenting any binding commitment to lease or option to lease an antenna mount upon the proposed tower by a service provider.
H.
A landscape plan drawn to scale showing the proposed and existing landscaping, including type, spacing, and size.
I.
Plans showing the connection to utilities/right-of-way cuts required, ownership of utilities and easements required.
J.
Documents demonstrating that any necessary easements have been obtained.
K.
Plans showing how vehicle access will be provided.
L.
A notarized signature of the property owner(s) on the application form or a statement from the property owner(s) granting authorization to proceed with building permit and land use processes.
M.
Documentation that the ancillary facilities will not produce sound levels in excess of those standards specified in RMC § 15.88.090(A)(3).
N.
A map of Pacific County showing the approximate geographic limits of the "cell" to be created by the facility. This map shall include the same information for all other facilities owned or operated by the applicant within the city, or extending within the city from a distant location, and any existing detached WCF of another provider within one mile of the proposed site.
O.
Documentation demonstrating that the FAA and Washington State Aeronautics Commission have reviewed and approved the proposal, or determined that such review and approval is not required. The city engineer shall notify the Washington State Department of Transportation of all such documentation received.
(Ord. 1659, 2002)
§ 15.88.090 Approval criteria.
To be approved, all applications for a wireless communication facility (WCF) shall demonstrate compliance with the following:
A.
General and Operating Requirements.
1.
The service provider of the WCF and its successors and assigns shall agree to:
a.
Respond in a timely, comprehensive manner to a request for information from a potential co-location applicant, in exchange for a reasonable fee not in excess of the actual cost of preparing a response;
b.
Negotiate in good faith for shared use of the WCF by third parties; and
c.
Allow shared use of the WCF if an applicant agrees in writing to pay reasonable charges for co-location.
2.
Radio Frequency Standards. The applicant shall comply with all applicable FCC RF emissions standards (FCC Guidelines).
3.
Noise. Noise levels shall not exceed five dBA above ambient levels or 55 dBA sound pressure level (SPL), whichever is greater, on adjacent properties. Operation of a back-up generator in the event of power failure or the testing of a back-up generator between 8:00 a.m. and 8:00 p.m. are exempt from this standard. No testing of back-up power generators shall occur between the hours of 8:00 p.m. and 8:00 a.m.
4.
Environmental Resource Protection. All wireless communication facilities shall be sited so as to minimize the effect on environmental resources. Alteration or disturbance of native vegetation and topography shall be minimized.
5.
A WCF shall make available unutilized space for co-location of other telecommunication facilities, including space for these entities providing similar competing services.
B.
Siting Requirements.
1.
A proposal for a new wireless communication service tower shall not be approved unless the review authority finds that the wireless communication equipment for the proposed tower cannot be accommodated on an existing or approved tower or structure due to one or more of the following four reasons:
a.
The wireless communication equipment would exceed the structural capacity of the existing or approved tower or structure, as documented by a Washington State licensed professional engineer, and the existing or approved tower/structure cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost;
b.
The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or structure as documented by a Washington State licensed professional engineer and the interference cannot be prevented at a reasonable cost;
c.
Existing or approved towers and structures within the applicant's search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a licensed professional engineer; and
d.
The radio frequency coverage objective cannot be adequately met.
Additionally, the review authority may choose to waive this co-location requirement if clear and convincing evidence is presented which shows that the amortized cost of constructing the proposed WCF (using a reasonable interest rate and a reasonably projected useful life of the proposed WCF) is at least 10 percent less than the projected amortized cost (using a reasonable interest rate) of renting space on an existing WCF for the reasonably projected useful life of the proposed WCF.
2.
All co-located and multiple-user WCFs shall be designed to promote facility and site sharing.
3.
Existing sites for potential co-location, may include but are not limited to buildings, water towers, existing WCFs, utility poles and towers, and related facilities; provided, that such installation preserves the character and integrity of those sites. In particular, applicants are urged to consider use of existing telephone and electrical utility structures as sites for their WCF.
4.
If co-location is not feasible, the preferred order for locating proposed WCFs shall be based on the following zoning designations:
a.
Heavy Manufacturing (M-2), outside of shoreline management jurisdiction;
b.
Light Manufacturing (M-1), outside of shoreline management jurisdiction;
c.
Heavy Manufacturing (M-2), within shoreline management jurisdiction;
d.
Light Manufacturing (M-1), within shoreline management jurisdiction.
[Note: Priorities "(a)" through "(d)" refer to areas designated in the city of Raymond comprehensive plan.]
The review authority shall not allow a WCF to be sited in a particular area designated in the city of Raymond comprehensive plan unless the applicant demonstrates with clear and convincing evidence that the applicant's objectives cannot be met by placing the project in an area with a higher preference (e.g., before a WCF can be placed in a Light Manufacturing area, the applicant must show that his/her objectives cannot be met by placing the project in an area designated as Heavy Manufacturing). |
5.
Visual Compatibility. In addition to satisfying the preferred order for location under subsection (B)(4) of this section, the applicant also shall demonstrate that the proposed WCF will be visually compatible. To the extent practicable, the applicant shall use concealment technology and/or vegetatively, topographically, or structurally screen the WCF to minimize visual impacts. Existing trees or significant vegetation should be retained to the greatest possible degree in order to help conceal a facility or tower. Vegetation of a similar species and a size acceptable to the approval authority shall be planted immediately following the loss of any vegetation used to conceal a facility or tower. Vegetation used to demonstrate visual compatibility shall be under the control of the applicant/co-applicant or tenant.
6.
Any proposed commercial wireless telecommunication service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional facilities if the tower is over 100 feet in height or for at least one additional facility if the tower is between 60 and 100 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.
7.
Towers/monopoles shall not be sited in locations where there is no vegetative, structural, or topographic screening available.
8.
The city engineer may require independent verification of the analysis provided by the applicant at the applicant's expense.
9.
Height. The review authority shall not approve a tower exceeding 60 feet in height unless the applicant demonstrates with clear and convincing evidence that the applicants objectives cannot be met with a tower of lesser height. In no case shall a tower in excess of 120 feet be approved.
Wireless communication facilities shall comply with the following requirements:
a.
Ground-mounted WCFs in the following areas shall not exceed the following height restrictions:
i.
Heavy/Light Manufacturing Zones Outside Shoreline Management Jurisdiction. WCFs located in Heavy or Light Manufacturing zones may be a maximum height of 120 feet may be approved with conditional use permit.
ii.
Heavy/Light Manufacturing Zones within Shoreline Jurisdiction. WCFs located in Heavy or Light Manufacturing zones within the shoreline management jurisdiction may be permitted up to 35 feet in height. WCFs up to a maximum of 60 feet may be permitted with a conditional use and a shoreline management variance permit.
WCFs located within the city's shoreline management jurisdiction must comply with the permitting requirements of the city's shoreline management master program.
b.
WCFs attached to existing structures or natural objects shall not exceed the height limitation for the area listed above.
10.
Setback/Yard Requirements. Setback requirements shall be measured from the outside edge of a WCF/accessory structure(s).
a.
No structure on the subject property shall be closer to a ground-mounted facility than a distance equal to the total height of the WCF measured from finished grade.
b.
All ground-mounted towers shall be setback from any property line a minimum distance equal to the total height of the tower.
The review authority may waive the setback requirements in this subsection if clear and convincing evidence is presented which shows that placing the proposed WCF/accessory structure(s) within a setback area would make the proposal more visually compatible.
11.
Storage.
a.
Wireless communication storage facilities (i.e., vaults, equipment rooms, utilities, and equipment cabinets or enclosures) shall be constructed of nonreflective materials (exterior surfaces only). The placement of equipment in underground vaults is encouraged.
b.
Wireless communication storage facilities shall be no taller than one story (15 feet) in height and shall be treated to look like a building or facility typically found in the areas.
12.
Color and Materials. All buildings, poles, towers, antenna supports, antennas, and other components of each wireless communication site shall initially be colored with "flat" muted tones. The color selected shall be one that in the opinion of the approval authority minimizes visibility of the WCF to the greatest extent feasible.
13.
Fences.
a.
A security fence with a minimum height of six feet shall be installed around the perimeter of all WCF sites. The fence shall be posted with appropriate warning signs. Vegetative screening shall be planted around the fence in accordance with subsection (B)(7) of this section. Security is the responsibility of the applicant/owner.
b.
A sight-obscuring fence shall be installed and maintained around the perimeter of the lease area of a ground-mounted facility not employing concealment technology. The sight-obscuring fence shall surround the tower and the equipment shelter.
c.
A ground-mounted facility located in a public right-of-way must be exempted from fencing requirements.
d.
Chain link fences shall be painted or coated with a nonreflective color.
14.
Security. In the event a fence is required, WCFs shall insure that sufficient anti-climbing measures have been incorporated into the facility, as needed, to reduce potential for trespass and injury.
16.
Signs. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.
17.
Landscape and Screening. All WCFs shall be improved in such a manner so as to maintain and enhance existing native vegetation and suitable landscaping installed to screen the base of the tower and all accessory equipment, where necessary. To this end, all of the following measures shall be implemented for all ground-mounted WCFs including accessory structures.
a.
A landscape plan shall be submitted indicating all existing vegetation, landscaping that is to be retained within the leased area on the site, and any additional vegetation that is needed to satisfactorily screen the facility from adjacent land and public view areas. Planted vegetation shall be of the evergreen variety and placed outside of the fence. All trees, larger than four inches in diameter and four and a half feet high shall be identified in the landscape plan by species type, and whether it is to be retained or removed with project development;
b.
Existing trees and other screening vegetation in the vicinity of the facility and along the access drive and any power/telecommunication line routes involved shall be protected from damage, during the construction period;
c.
The review authority may waive landscaping and screening requirements if he or she finds that the waiver of these requirements will not engender any significant visual or aesthetic impacts.
(Ord. 1659, 2002)
§ 15.88.100 Insurance.
The applicant shall maintain public liability insurance and submit proof of insurance to the city.
(Ord. 1659, 2002)
§ 15.88.110 Maintenance.
A.
The applicant/co-applicant or tenant shall maintain the WCF. Such maintenance shall include, but shall not be limited to, painting, maintaining structural integrity, and landscaping.
B.
In the event the applicant/co-applicant or tenant/carrier fails to maintain the facility in accordance with permit conditions regarding visual impacts or public safety, the city of Raymond may undertake the maintenance at the expense of the applicant or co-applicant landowner.
(Ord. 1659, 2002)
§ 15.88.120 Abandonment.
A.
At such time that a carrier plans to abandon or discontinue, or is required to discontinue, the operation of a WCF, such carrier will notify the city of Raymond public works department in writing of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations.
B.
In the event that a carrier fails to give such notice, the WCF shall be considered abandoned if the antenna or tower is not operated for a continuous period of 12 months, unless the owner of said tower provides proof of continued maintenance on a quarterly basis.
C.
Upon abandonment or discontinuation of use, the person who constructed the facility, the person who operated the facility, carrier, or the property owner shall physically remove the WCF within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to:
1.
Removal of the antenna(s), mounts, equipment cabinets, security barriers, and foundations down to three feet below ground surface;
2.
Transportation of the antenna(s), mount, equipment cabinets, and security barriers to an appropriate disposal site; and
3.
Restoring the site of the WCF to its preconstruction condition, except any remaining landscaping and grading.
The owner of the facility shall pay all site reclamation costs deemed necessary and reasonable to return the site to its preconstruction condition.
D.
If a party fails to remove a WCF in accordance with subsection (C) of this section, the city of Raymond shall have the authority to enter the subject property and physically remove the facility. Costs for the removal of the WCF shall be charged to the landowner of record in the event the city of Raymond removes the facility.
(Ord. 1659, 2002)
§ 15.89.010 Purpose and intent.
The purpose of this chapter is to establish zoning regulations that provide for state licensed recreational marijuana businesses allowed under RCW Title 69, and subject to requirements of Chapter 314-55 WAC, with additional local standards to address potential public health, safety, and welfare considerations.
(Ord. 1854 § 1, 2016)
§ 15.89.020 Locations.
A.
A marijuana retail, processing, and/or production business licensed by the Washington State Liquor and Cannabis Board (LCB) may be sited utilizing the minimum buffer requirements stipulated in RCW 69.50.331(8)(b), currently set at 100 feet. This buffer reduction will not negatively impact civil regulatory enforcement, criminal law enforcement, public safety, or public health.
B.
A marijuana retail business is a permitted use in the General Commercial (GC), Downtown Waterfront Commercial (WFC), Retail Core (RC), Light Industrial (M-1), and Heavy Industrial (M-2) districts.
C.
Marijuana production and/or processing businesses are a permitted use in the Light Industrial (M-1) and Heavy Industrial (M-2) districts.
(Ord. 1854 § 1, 2016)
§ 15.89.030 Special regulations.
A.
To operate within the city, each marijuana business is required to have a current license issued by the LCB under the provisions of Chapter 314-55 WAC and a current city business license issued under the provisions of Chapter 5.04 RMC. No application for a business license for a marijuana business shall be accepted unless the applicant has a current license issued under Chapter 314-55 WAC.
B.
For signage, marijuana retail, processing, and production businesses shall be subject to the substantive requirements of WAC 314-55-155 and Chapter 15.80 RMC, whichever is more restrictive.
(Ord. 1854 § 1, 2016)
§ 15.89.040 Conflicting codes.
Any code in conflict with this code is overruled.
(Ord. 1854 § 1, 2016)
§ 15.89.050 Indemnification.
The city indemnifies and holds personally harmless all of its elected and appointed officials, employees, and agents for any action, claim, or proceeding instituted against said individual arising out of the performance, purported performance, or failure of performance, in good faith, of the duties for, or the enjoyment with, the city. The city holds said individuals harmless from any expenses connected with the defense, settlement, or monetary judgments from such actions, claims, or proceedings.
(Ord. 1854 § 1, 2016)
§ 15.89.060 Violations.
Violations of this chapter shall be subject to enforcement action as provided in the Uniform Controlled Substances Act, RCW Title 69, as well as subject to enforcement actions for violations of the City of Raymond Municipal Code.
(Ord. 1854 § 1, 2016)
§ 15.76.010 Utility ownership and easement rights.
When a developer installs or causes the installation of water, sewer, electrical power, telephone, cable television, or other types of utility facilities and intends that the facilities will be owned, operated, or maintained by a public utility or other entity, the developer must transfer to the utility or other entity the necessary ownership or easement rights to enable the utility or entity to operate and maintain the facilities.
(Ord. 1593, 1998)
§ 15.76.020 Right-of-way permit required.
§ 15.76.030 Plan approval required.
§ 15.76.040 As-built drawings required.
A.
Whenever a developer installs or causes to be installed any utility line within the city, or connects to existing facilities within the city, the developer must furnish the city with a copy of a drawing that shows the exact location of such utility lines as soon as practicable after installation is complete, and before acceptance of any utility line.
B.
The drawings must be verified as accurate by the utility service provider.
C.
Compliance with this requirement is a condition of the continued validity of the permit authorizing the development.
(Ord. 1593, 1998)
§ 15.76.050 Utilities to be consistent with internal and external development.
A.
Whenever it can reasonably be anticipated that utility facilities constructed in one development will be extended to serve other adjacent or nearby developments, the utility facilities (e.g., water or sewer lines) must be located and constructed so that extensions can be made conveniently and without undue burden or expense or unnecessary duplication of service. In all cases, utility lines must extend to the common property line(s) of the subject property and the property(ies) where future development is anticipated.
(Ord. 1593, 1998)
§ 15.76.060 Construction standards and specifications.
§ 15.76.070 Serving lots with sewage disposal systems.
A.
If a lot is higher or equal in elevation to the nearest city sewer line, then the property owner or developer must install a connecting line to the city sewer line.
B.
If a lot is lower in elevation than the nearest city sewer line, then the property owner or developer may elect to:
C.
If a lot is not connected to a city sewer line or served by an approved on-site septic system, then no use requiring sewage disposal can be made of the lot.
(Ord. 1593, 1998)
§ 15.76.080 Sewage disposal facilities required before construction is complete.
A building or structure requiring sewage disposal must be connected to a city sewer line or approved on-site septic system before the completion of the construction of a building or structure.
(Ord. 1593, 1998)
§ 15.76.090 Compliance with standards.
§ 15.76.100 Conveyance of facilities to the city.
A.
The following criteria must be met, unless otherwise waived by the city engineer, before sewer facilities are conveyed to the city:
1.
A public utility easement of adequate dimensions must be concurrently granted to the city;
2.
The facilities must be inspected for conformance with the standards specified in the latest addition of the APWA Standard Specifications for public sewer facilities. The city engineer may require any test to demonstrate conformance. Tests may include, but are not limited to, infiltration, exfiltration, air tests, or a combination of tests. The applicant must notify the city engineer when the sewer facility is ready for inspection;
3.
The applicant must pay all required fees;
B.
If a maintenance security is required by the city engineer, the applicant must deposit with the city a maintenance bond or other acceptable surety to cover the cost of replacing or repairing any or all required improvements and to warrant against defects in labor and material, and against any damage or defects caused by construction activity on the site, for a period of two years from acceptance of improvements by the city. The maintenance security must be one of the following:
1.
A surety bond executed by a surety company authorized to transact business in the state of Washington in a form approved by the city attorney;
2.
A personal bond approved by the city attorney co-signed by at least one additional person together with evidence of financial responsibility and resources of those signing the bond sufficient to provide reasonable assurance of ability to proceed in accordance with the agreement;
3.
Cash;
4.
A letter of credit approved by the city attorney from a financial institution stating that the money is held for the purposes of development of the stated project.
C.
The bond or other approved surety will be for 20 percent of the estimated value of all the required improvements as determined by the city engineer.
D.
Before the warranty period ends, and upon restoration of the improvements to successful operation and the repair of any defects or damage in the improvements, the city engineer will authorize the release of the maintenance bond.
E.
The city engineer may withhold release of the bond or surety up to one year from the date of any restoration or repairs to ensure that the restoration or repairs were adequate.
F.
The city council and the applicant must sign a notarized security agreement, approved in form by the city attorney, in accordance with RMC § 15.02.130.
G.
When sewer facilities are accepted by the city, the developer must provide the city engineer with as-built drawings of the sewer facilities, signed by a licensed engineer.
(Ord. 1593, 1998)
§ 15.76.110 Side sewer permits required.
A.
A developer must obtain a side sewer permit for any connection to the city sewer system.
B.
A permit which includes side sewer work in a public area or the connection with or opening into any public sewer other than through the normal connection point of a "Y," "T," or stub, will only be issued to a registered side sewer contractor or qualified city employee.
C.
A permit which includes side sewer work on private property will only be issued to:
1.
The owner of the property (but such permit does not allow the owner to connect the side sewer to a public sewer except through the normal opening of a "Y," "T," or stub under the supervision of the city engineer or his representative);
2.
A registered sewer contractor; or
3.
A qualified city employee.
D.
Side sewer permits are not transferable. No authorized person, including any sewer contractor or qualified city employee, may lay any pipe pursuant to any other person's permit.
E.
No permit will be issued for side sewer connection before the main sewer is accepted by the city.
(Ord. 1593, 1998)
§ 15.76.120 Costs of side sewer borne by owner.
§ 15.76.130 Side sewer permitting process.
A.
Side sewer permits will be issued by the city engineer.
B.
The applicant for a side sewer permit must supply the city engineer with the following information, on a form provided by the city:
1.
Owner's name;
2.
Address of property to be served;
3.
Owner's mailing address;
4.
Name and address to which bills must be sent;
5.
Registered side sewer contractor's or qualified city employee's name and proof of qualification;
6.
Legal description of the property to be served;
7.
All outside dimensions of building to be served;
8.
Location of buildings on property to be served;
9.
Purpose of building; and
10.
Alignment of the proposed side sewer.
C.
All required fees must be paid before any side sewer permit is issued. Such fees may include, but are not limited to: permit fees, stub fees, general facilities connection charges, in-lieu-of-assessment charges, reconnection charges, and/or any other charges (outstanding or otherwise) associated with the permit or the property.
D.
The permit card must be posted on the job before starting the work and must be readily accessible to the city engineer.
E.
The installer of the side sewer must meet with the inspector on the job whenever so directed.
F.
No side sewer may be backfilled before approval of the city engineer.
(Ord. 1593, 1998)
§ 15.76.140 Side sewer contractor registration required.
A.
To assure safe and quality construction of side sewers, and safe and quality connection of side sewers to the public sewers of the city, no person, other than the owner of the property involved, may construct, install, repair, reconstruct, excavate, or connect to the public sewers of the city any side sewer, unless he is:
B.
All such registered side sewer contractors and/or qualified city employees:
1.
Must adhere at all times to the then-current requirements of the city relating to side sewers, connections to public sewers, and side sewer contractors, including reasonable requirements of the city engineer relating to construction, installation, reconstruction and repair of side sewers; and
2.
Will be liable for all damage to the public sewers and sewage treatment plant of the city.
(Ord. 1593, 1998)
§ 15.76.150 Each side sewer to have individual side sewer connection, unless exception granted.
A.
Not more than one primary structure may be connected to the sewer system by a single connection unless an exception is granted by the city engineer before the construction of such connection.
B.
If more than one primary structure is connected to the public sewer system by a single connection, a mutually beneficial easement must be granted to the respective properties over the shared portions of the connection, thus assuring that all properties involved will have perpetual use of the side sewer. Provisions must also be made for maintenance and access for repair. The property owner must:
(Ord. 1593, 1998)
§ 15.76.160 Protection of excavations – Restoration of public property.
A.
All excavations for side sewer installations must be adequately guarded with barricades and lights so as to protect the public from hazard.
B.
Streets, sidewalks, parkways, and other public property disturbed in the course of the work must be restored in a manner satisfactory to the city.
C.
Any trench settlement within public right-of-way must be repaired by the property owner upon notification by the city. If the property owner fails to repair the trench, the city will make repairs and bill the property owner for the cost of the repairs.
(Ord. 1593, 1998)
§ 15.76.170 Construction standards and specifications.
§ 15.76.180 Water system required.
§ 15.76.190 Compliance with standards.
A.
All proposed developments must comply with standards and specifications of the city and must meet the intent of the most recent edition of the city's comprehensive water plan. The city engineer must certify to the city that the proposed water system meets the city's requirements and will be accepted by the city.
B.
Approval by the state Department of Health may also be required before connecting to the city's water system.
(Ord. 1593, 1998)
§ 15.76.200 Conveyance of facilities to the city.
A.
The following criteria must be met, unless otherwise waived by the city engineer, before water facilities are conveyed to the city:
1.
A public utility easement of adequate dimensions must be concurrently granted to the city.
2.
The facilities must be inspected for conformance with the standards specified in the most current edition of the APWWA Standard Specifications for public water facilities. The city engineer may require any test to demonstrate conformance. The applicant must notify the city engineer when the water lines are ready for inspection.
3.
The applicant must pay all required fees.
B.
If a maintenance security is required by the city engineer, the applicant must deposit with the city a maintenance bond or other acceptable surety to cover the cost of replacing or repairing any or all required improvements and to warrant against defects in labor and material, and against any damage or defects caused by construction activity on the site, for a period of two years from acceptance of improvements by the city. The maintenance security must be one of the following:
1.
A surety bond executed by a surety company authorized to transact business in the state of Washington in a form approved by the city attorney;
2.
A personal bond approved by the city attorney co-signed by at least one additional person together with evidence of financial responsibility and resources of those signing the bond sufficient to provide reasonable assurance of ability to proceed in accordance with the agreement;
3.
Cash;
4.
A letter of credit approved by the city attorney from a financial institution stating that the money is held for the purposes of development of the stated project.
C.
The bond or other approved surety will be for 20 percent of the estimated value of all the required improvements as determined by the city engineer.
D.
When the warranty period ends, and upon restoration of the improvements to successful operation and the repair of any defects or damage in the improvements, the city engineer will authorize the release of the maintenance bond.
E.
The city engineer may withhold release of the bond or surety up to one year from the date of any restoration or repairs to insure that the restoration or repairs were adequate.
F.
The city council and the applicant must sign a notarized security agreement, approved in form by the city attorney, in accordance with RMC § 15.02.130.
G.
When water facilities are accepted by the city, the developer must provide the city engineer with as-built drawings of the water facilities, signed by an engineer.
(Ord. 1593, 1998)
§ 15.76.210 Licensed plumber required to make connections.
All water line connections must be made by a licensed plumber.
(Ord. 1593, 1998)
§ 15.76.220 Costs borne by owner.
§ 15.76.230 Make application to connect to city water system.
§ 15.76.240 Each lot to have individual water connection, unless exception granted.
A.
Not more than one primary structure may be connected to the water system by a single connection unless an exception is granted by the city engineer before the construction of such connection.
B.
If more than one primary structure is connected to the public water system by a single connection, a mutually beneficial easement must be granted to the respective properties over the shared portions of the connection, thus assuring that all properties involved will have perpetual use of the water line. Provisions must also be made for maintenance and access for repair. The applicant must:
(Ord. 1593, 1998)
§ 15.76.250 Protection of excavations – Restoration of public property.
A.
All excavations for water line installations must be adequately guarded with barricades and lights so as to protect the public from hazard.
B.
Streets, sidewalks, parkways, and other public property disturbed in the course of the work must be restored in a manner satisfactory to the city.
C.
Any trench settlement within public right-of-way will be repaired by the property owner upon notification by the city. If the property owner fails to repair the trench, the city will make repairs and bill the property owner for the repairs.
(Ord. 1593, 1998)
§ 15.76.260 Construction standards and specifications.
Construction and design standards and specifications for the components of utilities other than sewer and water are to be constructed in accordance with current franchise and permit procedures and in compliance with the most recent edition of the Pacific County road standards.
(Ord. 1593, 1998)
§ 15.76.270 Lighting requirements.
A.
Subject to subsection (B) of this section, all public streets, sidewalks, and other common areas or facilities in subdivisions created after the effective date of the ordinance codified in this chapter must be sufficiently illuminated to ensure the security of property and the safety of persons using such streets, sidewalks, and other common areas or facilities.
B.
All entrances and exits in substantial buildings used for nonresidential purposes and in multifamily residential developments must be adequately lighted to ensure the safety of persons and the security of the buildings.
C.
All outdoor lights must be low sodium or similar lamp type and be downshielded to prevent light pollution.
D.
Lighting within any lot that unnecessarily illuminates any other lot or public right-of-way and substantially interferes with the use or enjoyment of such other lot or public right-of-way is prohibited.
E.
Lighting for automated teller machines or night deposit facilities must be provided in accordance with RCW 19.174.050.
(Ord. 1593, 1998)
§ 15.76.280 Electric power.
Every principal use and every lot within a subdivision or existing plat must have available to it a source of electric power adequate to accommodate the reasonable needs of the use or lot.
(Ord. 1593, 1998)
§ 15.76.290 Telephone services.
Every principal use and every lot within a subdivision or existing plat must have available to it a telephone service cable adequate to accommodate the reasonable needs of the use or lot.
(Ord. 1593, 1998)
§ 15.76.300 Underground utilities.
A.
Except as noted in subsections (D) through (F) of this section, all new electric power lines (not to include transformers or enclosures containing electrical equipment including, but not limited to, switches, meters, or capacitors which may be pad mounted), telephone, cable television, and other communication lines installed must be placed underground in accordance with the specifications and policies of the respective utility service providers.
B.
Utilities within the right-of-way on new roads must be installed in accordance with the most recent edition of the Pacific County road standards. If the distribution line originates from a point opposite any public roadway from the new construction, the service lines must be placed under the roadway by means of boring or surface excavation across the roadway.
C.
For new development in existing plats or for infill development, utilities may be installed above ground, with the approval of the city engineer and the respective utility service provider.
D.
If the respective utility provider determines that an underground system cannot reasonably be installed according to accepted engineering practices, the requirements of this section may be waived upon receipt of a written notice from the city engineer. The waiver must be noted in the permit or it will be considered as not being granted. If undergrounding is not determined to be feasible, the applicant must either sign a concomitant agreement or a no protest agreement of the formation of an LID for future undergrounding. Determination of which form of promissory will be used is at the discretion of the city engineer.
E.
Nothing in this section nor any other section in relation to underground utilities applies to power lines carrying a voltage of 15 kV or more.
F.
Nothing in this section nor any other section in relation to underground utilities prohibits the placement of mounted transformers, terminal pedestal, or other electrical and communications devices above ground, as determined by the appropriate service utility provider involved.
(Ord. 1593, 1998)
§ 15.76.310 Sites for and screening of dumpsters.
A.
Every development which is or will be required to provide one or more dumpsters for solid waste collection under the city's solid waste collection policies must provide sites for such dumpsters that are:
1.
Located so as to facilitate collection and minimize any negative impact on persons occupying the development site, neighboring properties, or public rights-of-way; and
2.
Constructed according to specifications established by the city engineer to allow for collection without damage to the development site or the collection vehicle.
B.
All dumpsters must be screened if and to the extent that, in the absence of screening, they would be clearly visible to:
1.
Persons in any dwelling unit on residential property other than that where the dumpster is located; or
2.
Occupants or customers in any building on nonresidential property other than that where the dumpster is located, unless the other property is used primarily for purposes permitted exclusively in a Heavy Industrial district; or
3.
Persons traveling on any public street, sidewalk or other public way.
(Ord. 1593, 1998)