This title shall be known as the Sumas Zoning Ordinance, and may be so cited and pleaded. (Ord. 1002 (Attachment A) (part), 1989)

The ordinance codified in this title is adopted pursuant to the provisions of RCW Chapter 35A.63 which empowers code cities to enact a zoning ordinance and to provide for the administration and enforcement thereof. (Ord. 1002 (Attachment A) (part), 1989)

The purpose of this title is to promote the goals of the comprehensive plan of the city and the health, safety and general welfare of the citizens of the city by guiding both public and private development of land. The objective of this title is to promote a pleasant living environment for the citizens of Sumas by establishing reasonable standards for development which will both sustain opportunities for economic growth and preserve the quality of life of our community. (Ord. 1002 (Attachment A) (part), 1989)

(a)    The provisions of this title shall apply to both public and private use of land within the corporate limits of the city.

(b)    Hereafter, no use shall be conducted, and no building, structure and appurtenance shall be erected, relocated, remodeled, reconstructed, altered or enlarged unless in compliance with the provisions of this title, and then only after securing all permits and approvals required hereby. It shall be unlawful to build or use any building or structure or to use premises in the city for any purpose or use other than one permitted by the terms of this title in the area in which the same is located.

(c)    In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for the promotion of the general public health, safety and welfare. It is not intended that the provisions of this title interfere with, abrogate or annul any easements, covenants or other agreements between private parties. However, where this ordinance imposes a greater restriction upon the use of land and/or buildings or in general requires higher standards than other ordinances, rules, or private agreements, the provisions of this title shall govern. (Ord. 1002 (Attachment A) (part), 1989)

The zoning administrator shall administer and enforce this title. He may be provided with the assistance of such other persons as the city council may direct.

If the zoning administrator finds that any of the pro visions of this title are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, building, or structures; removal of illegal buildings or structures, or of illegal additions, alterations, or structural changes; discontinuance of illegal work being done; or shall take any action authorized by this title to ensure compliance with or to prevent violations of its provisions. (Ord. 1002 (Attachment A) (part), 1989)

(a)    No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefor issued by the zoning administrator. No building permit shall be issued by the zoning administrator except in conformity with the provisions of this title, unless he receives a written order from the city council in the form of an administrative review, conditional use, or variance as provided by this title.

(b)    Building permits or other permits or approvals issued on the basis of plans and applications approved by the zoning administrator authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction.

Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this title, and punishable as provided in Chapter 20.75 hereof. (Ord. 1002 (Attachment A) (part), 1989)

The city adopts the ordinance codified in this chapter pursuant to the provisions of Chapter 36.70B RCW. (Ord. 1176 § 1 (part), 1996)

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

Administrator: The mayor of the city of Sumas or his/her designee.

“Closed record appeal” means an appeal to the Sumas city council (“council”) on the existing record following an open record hearing on the project permit application where only appeal argument is allowed.

“Development regulations” means all rules, regulations and provisions encompassed and included within the Sumas Municipal Code (SMC) relating to controls placed on development or land use activities by the city, including, but not limited to, zoning ordinances, official controls, plan unit development ordinances, subdivision ordinances and binding site plan ordinances.

“Neighboring property” means any land adjacent to:

(1)    The owner’s real property in question covered by the project permit or project application (“permit property”); or

(2)    Additional property owned by the owner of the permit property which is adjacent to the permit property.

A neighboring property owner is the equivalent to an adjacent land owner as defined under RCW 58.17.090(1)(b).

“Notice of application” means as described and defined in accordance with RCW 36.70B.110.

“Open record hearing” means a hearing, conducted by a single hearing body or officer authorized by the city to conduct such hearings, that creates the city’s record through testimony and submission of evidence and information, under the procedures described within this chapter.

“Party of records” means:

(1)    The applicant for the project permit at issue;

(2)    The owners of the property at issue;

(3)    Any person who testified or submitted written information at an open record hearing held on the application at issue, excluding persons who only signed petitions or mechanically produced form letters; or

(4)    Any person who submitted written comments concerning the application at issue during a comment period provided pursuant to this chapter, excluding persons who only signed petitions or mechanically produced form letters.

“Planned action” means one or more types of project action that:

(1)    Are designated planned actions by an ordinance or resolution adopted by the city;

(2)    Have had the significant impacts adequately addressed in an environmental impact statement prepared in conjunction with:

(A)    A comprehensive plan adopted under Chapter 36.70A RCW, or

(B)    A phased project;

(3)    Are subsequent or implementing projects for a phased project;

(4)    Are located within an urban growth area, as defined in RCW 36.70A.030;

(5)    Are not essential public facilities, as defined in RCW 36.70A.200; and

(6)    Are consistent with the city comprehensive plan adopted under Chapter 36.70A RCW.

“Project permit” or “project permit application” means any land use or environmental permit or license required from the city for a project action, including but not limited to building permits, subdivisions, binding site plans, conditional uses, variances, shoreline substantial development permits, permits or approvals required by critical area ordinances, site-specific rezones authorized by a comprehensive plan, but excluding the adoption or amendment of a comprehensive plan or development regulations except as otherwise specifically included in this subsection.

“Public meeting” means as defined under RCW 36.70B.020, which is adopted in this chapter. (Ord. 1176 § 1 (part), 1996)

Nothing in this chapter shall limit the authority of the city council to take legislative actions. The following actions are legislative and are not subject to the procedures in this chapter, unless otherwise specified:

(1)    Zoning code text amendments;

(2)    Adoption of and amendment of development regulations;

(3)    Area-wide rezones to implement new city policies;

(4)    Annexations;

(5)    Adoption of and amendment of the comprehensive plan; and

(6)    Any nonproject action categorically exempt from SEPA regulations. (Ord. 1176 § 1 (part), 1996)

The following permits or approvals are specifically excluded from the procedures set forth in this chapter:

(1)    Landmark designations;

(2)    Street vacations; and

(3)    Approvals relating to the use of public areas or facilities. (Ord. 1176 § 1 (part), 1996)

For the purpose of project permit processing, all permit applications shall be classified as one of the following: Class I, Class II, Class III, Class IV or Class V. The administrator shall determine the classification applicable to a given permit application based upon the classifications established within this section. If there is a question as to the appropriate classification, the administrator shall assign the higher procedure classification number.

(1)    Class I. Administrative permits or approvals categorically exempt from environmental review under RCW 43.21C and not requiring public notice, including, but not limited to, lot/boundary line adjustments, single-family resident building and/or construction permits accessory thereto and actions for which SEPA review has been completed in connection with other project permits that were subject to this chapter.

(2)    Class II. All actions that may require environmental review but that do not require public hearings except for purposes of appeal of the administrative decision, including, but not limited to, short subdivisions, land clearing or grading permits and revisions of shoreline management permits.

(3)    Class III. All actions that require environmental review and a public hearing prior to the issuance of the permit or approval, including, but not limited to, preliminary plats, plat vacation or alterations, binding site plan, conditional use permits, site-specific rezones, zoning variances, shoreline substantial development permits, shoreline conditional use permits, shoreline variances and similar actions.

(4)    Class IV. Final plat.

(5)    Class V. The comprehensive plan amendments, development regulation changes, additions and amendments, zoning text amendments, subdivision planning text amendments and annexations. (Ord. 1176 § 1 (part), 1996)

(a)    Applicants for all classes of actions, with the exception of Class I actions involving structures less than five thousand square feet, shall request and attend a pre-application conference. The purpose of the conference is to discuss the nature of the proposed development, application and permit requirements, fees, review process and schedule, and applicable plans, policies, and regulations.

(b)    The discussions at a conference shall not bind or prohibit the city’s future application or enforcement of all applicable law. (Ord. 1176 § 1 (part), 1996)

A project that requires two or more permits or classes of permits may be processed as a consolidated permit application. A consolidated application shall be assigned a classification equivalent to the highest-numbered of the classifications of the individual permits. The applicant may choose whether the permits shall be processed as a consolidated permit application or as a series of individually processed applications. If the permits are processed individually, the permits shall be processed in descending order of classification (i.e., the higher-classification permits prior to the lower-classification). (Ord. 1176 § 1 (part), 1996)

(a)    Applications for project permits shall be submitted upon forms provided by the administrator. An application shall contain all materials required by the applicable development regulations. The administrator may require such additional information as reasonably necessary to fully evaluate the proposed project.

(b)    An application shall contain a verified statement by the applicant that the property affected by the application is in the exclusive ownership of the applicant or that the applicant has submitted the application with the consent of all owners of the affected property; and the applicant’s declaration that the project permit application contains no known misrepresentations of fact or proposed action or design that, if completed, would result in a structure, improvement, lot or condition in violation of city law.

(c)    The application shall contain a designation by the applicant of a single person or entity to receive determinations and notices required by this chapter.

(d)    Applications for Class II or III actions shall include self-adhesive address labels, preaddressed to the latest recorded real property owners of all neighboring property (as defined in Section 20.08.020), as shown by the records of the county assessor. (Ord. 1176 § 1 (part), 1996)

(a)    Within twenty-eight days after receiving a project permit application, the city shall mail, personally serve or provide in person its written determination to the applicant stating either:

(1)    That the application is complete; or

(2)    That the application is incomplete and what is necessary to make the application complete.

(b)    The determination issued pursuant to this section shall identify, to the extent known by the city, other agencies of local, state, or federal government that may have jurisdiction over some aspect of the application.

(c)    A project permit application is complete for purposes of this section when it meets the submission requirements identified in Section 20.08.080 and is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The determination issued pursuant to this section shall not preclude the city from requesting additional information or studies either at the time of issuance or subsequently if new information is required or substantial changes in the proposed action occur.

(d)    An application shall be deemed complete under this section if the city does not provide a written determination to the applicant that the application is incomplete as provided in subsection (a)(2) of this section.

(e)    If the applicant receives a written determination that an application is incomplete as provided in subsection (a)(2) of this section, the applicant shall have ninety days following receipt of the determination to submit the necessary information to the city. If the applicant fails to submit in writing the required additional information to the city within a ninety-day period, the application shall automatically lapse.

(f)    Within fourteen days after an applicant has submitted to the city the additional information identified by the city as being necessary for a complete application, the city shall notify the applicant whether the application is complete or what additional information is necessary. If additional information is again requested, the applicant must, within the remaining part of the ninety day period, resubmit the application with the additional information necessary to complete the application. Notwithstanding the foregoing right to fourteen-day extensions based on an incomplete application, if the applicant fails to submit a complete application within the ninety-day period as set forth in subsection (e) of this section the application shall automatically lapse. (Ord. 1176 § 1 (part), 1996)

(a)    For all Class/ II and Class III applications, the administrator shall prepare and provide a notice of application, as defined hereinabove, for the public and the governmental departments and agencies affected by said application as provided in RCW 36.70B.110. If a declaration or determination of significance under Chapter 43.21C RCW has been made, the notice of application shall be combined with said determination of significance and scoping notice, if the determination of significance and/or scoping notice has not previously been issued.

(b)    The notice of application shall be provided within fourteen days after issuance of a determination of completeness pursuant to Section 20.08.090 of this chapter.

(c)    The date of the notice of application shall coincide with the date of publication of the notice as provided in subsection (f) of this section.

(d)    For all Class III applications, the notice of application shall be provided at least fifteen days prior to the open record hearing.

(e)    The notice of application shall include the following information:

(1)    The date of the application, the date of issue of the determination of completeness, and the date of the notice of application;

(2)    A description of the proposed project action, a list of the project permits included in the application, and, if applicable, a list of any studies requested under Sections 20.08.090 or 20.08.130 of this chapter;

(3)    The identification of other permits not included in the application (to the extent known by the city) that the applicant filed in connection with the project or will be required to obtain;

(4)    The identification of existing studies and/or environmental documents that evaluate the proposed project and the location where the application, said studies and environmental documents can be reviewed;

(5)    A statement of the public comment period, which shall be not less than fourteen nor more than thirty days following the date of notice of application;

(6)    A statement of the time for and right of any person to comment on the application, receive notice of any hearings, submit oral or written comments at any hearings, and request a copy of the decision once made;

(7)    A statement of any appeal rights and limitations;

(8)    The date, time, place, and type of hearing, if applicable and scheduled at the date of notice of application; and

(9)    Any other information related to the application which the city deems appropriate.

(f)    The administrator shall publish a summary of the notice of application in the newspaper of legal record and general circulation within the Sumas area and said summary to include at least:

(1)    The project location;

(2)    A brief description of the project;

(3)    The permit(s) required;

(4)    The date of the public comment period; and

(5)    The location where the complete application may be reviewed.

(g)    On or before the date of publication under subsection (f)    of this section, the administrator shall mail the notice of application to:

(1)    Other agencies with jurisdiction, to the extent such agencies are related to or affected by the project;

(2)    The latest recorded real property owners of the neighboring property (as defined in Section 20.08.020), as shown by the records of the county assessor; and

(3)    Persons requesting notice in writing.

(h)    Except for a determination of significance, the city shall not issue a threshold determination under Chapter 43.21C RCW or issue a decision or a recommendation on a project permit until the expiration of the public comment period identified in the notice of application. (Ord. 1176 § 1 (part), 1996)

(a)    Fundamental land use planning choices made in adopted comprehensive plans and adopted development regulations shall serve as the foundation for review of project permit applications. During project review, the city shall determine whether the items listed in this subsection are defined in the development regulations applicable to the proposed project or, in the absence of applicable regulations, the comprehensive plan. At a minimum, such applicable regulations or plans shall be determinative of:

(1)    Type of land use permitted at the site, including uses that may be allowed under certain circumstances, such as conditional uses, if the criteria for their approval have been satisfied;

(2)    Density of residential development, as measured in units per acre or other measures of density;

(3)    Availability and adequacy of public facilities identified in the comprehensive plan, if the plan or development regulations provide for funding of these facilities as required by Chapter 36.70A RCW.

(b)    During project review, the city shall not reexamine alternatives to or hear appeals on the factors identified in subsection (a) of this section, except for issues of code interpretation.

(c)    A project’s consistency with development regulations or, in the absence of.applicable development regulations, the comprehensive plan shall be determined by consideration of the factors identified in subsection (a) of this section and by consideration of the character of the development with reference to any adopted development standards.

(d)    Pursuant to RCW 43.21C.240, the city may deter mine that the requirements for environmental analysis and mitigation measures in development regulations and other applicable laws provide adequate mitigation for some or all of a project’s specific adverse environmental impacts to which the requirements apply.

(e)    Nothing in this section limits the authority of the city to approve, condition, or deny a project as provided in its development regulations and in its policies adopted under RCW 43.21C.060. Project review shall be used to identify specific project design and conditions relating to the character of development, such as the details of site plans, curb cuts, drainage swales, transportation demand management, or other measures to mitigate a proposal’s probable adverse environmental impacts, if applicable.

(f)    Nothing in this section requires documentation of or dictates the city’s procedures for considering consistency or limits the city from asking more specific or related questions with respect to any of the factors identified in subsection (c) of this section. (Ord. 1176 § 1 (part), 1996)

(a)    The city shall hold no more than one open record hearing in relation to a given project permit application, including a consolidated permit application.

(b)    A predecision open record hearing pertaining to a project permit application shall not occur prior to fifteen days after issuance of any threshold determination under Chapter 43.21C RCW related to the given application.

(c)    The city may combine a hearing on a project permit with a hearing that may be held by another local, state, regional, federal or other agency; provided, that the joint hearing is held within the geographic boundary of the city. The applicant may request that hearings be combined as long as the joint hearing can be held within the time periods specified in Section 20.08.140 of this chapter. In the alternative, the applicant may agree to a different schedule in the event that additional time is needed in order to combine the hearings.

(d)    At least ten days prior to a public hearing, the administrator shall:

(1)    Publish notice of the hearing in the newspaper of legal record; and

(2)    Mail notice of the hearing to the latest recorded real property owners of neighboring property (as defined in Section 20.08.020), as shown by the records of the county assessor.

(e)    Notices of public hearings under subsection (d) of this section shall include:

(1)    A brief description of the project;

(2)    The project location;

(3)    The permit(s) required;

(4)    The time, date, and place of the hearing;

(5)    The location where further information be obtained; and

(6)    A statement of the right of any person to submit oral or written comments at the hearing.

(f)    Public hearings shall be conducted in accordance with the following procedures:

(1)    The hearing body shall be subject to the code of ethics (RCW 35A.42.020), prohibitions on conflict of interest (RCW 35A.42.020 and Chapter 42.23 RCW), the open public meetings act (Chapter 42.30 RCW), and the appearance of fairness doctrine (Chapter 42.36 RCW) as the same now exist or may hereafter be amended.

(2)    The applicant bears the burden of proof and must demonstrate that the application conforms to the applicable elements of the city’s development regulations and comprehensive plan and that any significant adverse environmental impacts have been adequately addressed.

(3)    The chair shall open the public hearing and, in general, observe the following sequence of events:

(A)    Determination of disqualification(s) of members of the hearing body. A member of the hearing body who is disqualified shall be counted for purposes of forming a quorum. A disqualified member shall make full disclosure to the audience, physically leave the hearing chamber, and abstain from voting on the proposal.

(B)    Staff presentation, including submittal of any administrative reports. Members of the hearing body may ask questions of the staff.

(C)    Applicant presentation, including submittal of any materials. Members of the hearing body may ask questions of the applicant.

(D)    Testimony or comments by the public germane to the matter. Questions from the public directed to the staff or the applicant shall be posed by the chair at its discretion.

(E)    Rebuttal, response or clarifying statements by the applicant and the staff. (Ord. 1176 § 1 (part), 1996)

(a)    For all permit applications involving only Class I and Class II actions, the administrator shall provide a single report stating the decision(s) on the permit(s). The report shall serve as the permit(s). The report shall state any mitigation required under the development regulations or under the city’s authority under RCW 43.21C.060. For Class II applications, the report shall include or append a threshold determination under Chapter 43.21C RCW, if a threshold determination has not been previously issued. The report shall describe applicable deadlines for and methods of appeal. The report shall be provided to the applicant and to any person who, prior to the publication of the report, requested notice of the decision or submitted substantive comments on the application. The report shall be issued within the time limit as described in Section 20.08.140.

(b)    For all permit applications involving a Class III action, the city council shall adopt a single report stating the decision(s) on the permit(s). The report shall serve as the permit(s). The report shall state applicable findings of fact and conclusions of law. The report shall state any mitigation required under the development regulations or under the city’s authority under RCW 43.21C.060. The report shall describe applicable deadlines for and methods of appeal. The report shall be provided to the applicant and to any person who, prior to the adoption of the report, requested notice of the decision or submitted substantive comments on the application. The report shall be issued within the time limit described in Section 20.08.140.

(c)    For all permit applications involving Class II or Class III actions, the city shall publish a summary of the report of decision in the newspaper of legal record. (Ord. 1176 § 1 (part), 1996)

(a)    Except as otherwise provided in subsection (b) of this section or under RCW 58.17.140, the city shall issue a notice of final decision on a project permit application within one hundred twenty days after the city notifies the applicant that the application is complete, as provided in Section 20.08.090 of this chapter. In determining the number of days that have elapsed after the city has notified the applicant that the application is complete, the following periods shall be excluded:

(1)    Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21C RCW, if the applicant and the city in writing agree to a time period for completion of an environmental impact statement.

(2)    Any period for administrative appeals of project permits, as provided in Section 20.08.150 of this chapter.

(3)    Any extension of time mutually agreed upon by the applicant and the local government.

(4)    (A) Any period during which the applicant has been requested by the local government to correct plans, perform required studies, or provide additional required information. The period shall be calculated from the date the city notifies the applicant of the need for additional information until the earlier of the date the city determines whether the additional information satisfies the request for information or fourteen days after the date the information has been provided to the local government.

(B)    If the city determines that the information submitted by the applicant under subsection (a)(4)(A) of this section is insufficient, it shall notify the applicant of the deficiencies and the procedures under subsection (a)(4)(A) of this section shall apply as if a new request for studies has been made.

(b)    The time limits established by subsection (a) of this section do not apply if a project permit application:

(1)    Requires an amendment to the comprehensive plan or a development regulation;

(2)    Requires approval of the siting of an essential public facility as provided in RCW 36.70A.200;

(3)    Is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete under Section 20.08.090 of this chapter; or

(4)    Is a plat covered by RCW 58.17.140.

(c)    If the city is unable to issue its final decision within the time limits provided for in this section, it shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of final decision. (Ord. 1176 § 1 (part), 1996)

(a)    All administrative interpretations under Section 20.08.170 of this chapter and all administrative decisions regarding all Class I through V permits or actions may be appealed to the city council by parties of record.

(b)    An appeal must be filed with the administrator within ten days after the date of the issuance of the oral or written decision or interpretation being appealed. The filing shall contain a concise statement identifying:

(1)    The decision or interpretation being appealed.

(2)    The name and address of the appellant and his interest(s) in the matter.

(3)    The specific reasons why the appellant believes the decision to be wrong. The appellant shall bear the burden of proving the decision was wrong.

(4)    The desired outcome or changes to the decision.

(c)    Upon filing an appeal, an appellant shall pay a fee as specified in Chapter 20.108 and shall provide self-adhesive address labels preaddressed to the latest recorded real property owners of neighboring property (as defined in Section 20.08.020), as shown by the records of the county assessor.

(d)    All appeals related to a given project permit application shall be considered by the city council in a consolidated open record public hearing conducted in accordance with the procedures outlined in Section 20.08.120 of this chapter.

(e)    Within ninety days of the filing of an appeal under this section, the city council shall adopt a single report stating the decision(s) on the appeal(s). The report shall be provided to the applicant and to any person who, prior to the adoption of the report, requested notice of the decision. The ninety-day time period may be extended upon mutual agreement of all parties to the appeal. (Ord. 1176 § 1 (part), 1996)

The procedure for judicial appeals shall be in accordance with the procedures as provided under the Land Use Petition Act, Chapter 36.70C RCW, as it now exists or as hereinafter amended. (Ord. 1176 § 1 (part), 1996)

Any project permit applicant, Sumas resident or owner of all or any portion of real properly lying within the Sumas city limits, may request an interpretation of the meaning or application of the provisions of the city’s development regulations applicable to project permit applications. A request shall be written and shall concisely identify the issue and desired interpretation. The administrator shall provide a written administrative interpretation within thirty days of receipt of the request. (Ord. 1176 § 1 (part), 1996)

Any person, including applicants, citizens, council members, city staff, and staff of other agencies, may suggest an amendment to the comprehensive plan or to a city development regulation. Suggested amendments shall be submitted to the administrator in writing. The administrator shall compile and maintain a list of suggested changes and shall ensure that the accumulated suggestions are considered by the city council once each calendar year, consistent with the provision of RCW 36.70A.130. Following consideration of the compiled list of suggested amendments, the city council shall pass a motion identifying those suggested amendments to be formally docketed for review during the annual amendment process. Only those amendments that are docketed shall be moved forward in the process, and those suggested amendments not docketed shall be removed from the list of suggested amendments unless the city council directs the administrator to keep a specific suggested amendment on the list until the following year. Application fees paid in conjunction with suggested amendments that are not docketed and are removed from the list shall be refunded to the applicant. The list of suggested changes shall at all times be available for review by the public. (Ord. 1686 § 1, 2016: Ord. 1176 § 1 (part), 1996)

(a)    Natural resource lands include agricultural resource lands, forest resource lands and mineral resource lands. No lands within the city of Sumas or the Sumas urban growth area have been designated for protection as natural resource lands of long-term commercial significance.

(b)    The following notification requirements shall apply to all development on properties located in proximity to county-designated natural resource lands of long-term commercial significance:

(1)    The city shall notify Whatcom County of any Class II or Class III development proposal on lands within three hundred feet of county-designated natural resource lands lying outside the city and the designated urban growth area. Such notification shall be provided to Whatcom County planning and development services department as part of the notice of application process required by Section 20.08.100.

(2)    The city shall require all residential subdivisions, including both long and short subdivisions, within five hundred feet of county-designated natural resource lands to record with the Whatcom County auditor’s office a notification on all recorded documents that portions of the development area may be located in proximity to natural resource lands where activities associated with agriculture, forestry or mineral extraction may occur and may reasonably be expected to occur that, at certain times, may be incompatible with residential development due to noise, odor, dust or other impact. All such notifications addressing mineral resource lands shall also indicate that mining-related activities may include mining, extraction, washing, crushing, stockpiling, blasting, transporting, and recycling of minerals.

(3)    The city shall also include the above notice language on all building permits and development permits issued for properties within five hundred feet of county-designated natural resource lands. (Ord. 1609 § 1, 2012)

The city is hereby divided into use zones or districts, as shown on the official zoning map which, together with all explanatory matter thereon, is hereby adopted and declared to be a part of this title. The district names and designations are as follows:

(Ord. 1686 § 2, 2016: Ord. 1002 (Attachment A) (part), 1989)

The official zoning map shall be identified by the signature of the mayor attested to by the town clerk, and bearing the seal of the town under the following words:

“This is to certify that this is the official zoning map referred to in Section 20.10.020 of the Sumas City Code” together with the date of the adoption of the ordinance codified in this title.

(Ord. 1002 (Attachment A) (part), 1989)

The official zoning map shall be amended at such times as the city council shall approve the reclassification of land from one zone district to another as set forth in Chapter 20.68 and such other times and for such other purposes as the city council deems necessary. Such changes shall be entered on the official map promptly after the amendment has been approved by the city council, with an entry on the official zoning map as follows:

On (date), by official action of the city council, the following change(s) was/or/were made in the official zoning map: (brief description of nature of change)

which entry shall be signed by the mayor and attested by the city clerk. No amendment to this title which involves matters portrayed in the official zoning map shall become effective until such change and entry has been made on said map. (Ord. 1002 (Attachment A) (part), 1989)

There shall be one official zoning map which shall be located in the office of the city clerk and shall be the final authority as to the current zoning status of land areas, buildings, and other structures in town. Copies of the official zoning map may be, made, as necessary, for use by the public or city officials. (Ord. 1002 (Attachment A) (part), 1989)

In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the city council may by ordinance adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map shall be identified by the signature of the mayor attested by the city clerk, and bearing the seal of the city under the following words:

This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of Ordinance number of the City of Sumas, Washington.

(Ord. 1002 (Attachment A) (part), 1989)

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(1)    Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines;

(2)    Boundaries indicated as approximately following platted lot lines shall be construed as following such lines;

(3)    Boundaries indicated as approximately following town limits shall be construed as following such town limits;

(4)    Boundaries indicated as following railroad lines shall be construed as midway between the main tracks;

(5)    Boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines;

(6)    Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (5) above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map;

(7)    Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections (1) through (6) above, the city council shall interpret the district boundaries. (Ord. 1002 (Attachment A) (part), 1989)

The regulations for each district set forth by this title shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided:

(1)    No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.

(2)    No building or other structure shall hereafter be erected or altered:

(A)    To provide for greater height or bulk;

(B)    To accommodate or house a greater number of families;

(C)    To occupy a greater percentage of lot area; or

(D)    To have narrower or smaller rear yards, front yards, side yards, or other open space;

than herein required; or in any other manner contrary to the provisions of this title.

(3)    No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this title, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.

(4)    No yard or lot existing at the time of passage of this title, shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of the ordinance codified in this title shall meet at least the minimum requirements established by this title. (Ord. 1002 (Attachment A) (part), 1989)

On a corner lot in any residential district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of two and one-half and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines fifty feet from the point of intersection. (Ord. 1002 (Attachment A) (part), 1989)

Notwithstanding other provisions of this title, fences, walls and hedges may be permitted in any required yard, or along the edge of any yard; provided, that no fence, wall, or hedge along the sides or front edge of any front yard shall be over six feet in height; and provided further, that the height restriction shall not apply to fences constructed pursuant to Section 20.56.080(6). All fences, walls and hedges shall be erected and maintained to conform with the requirements of Section 20.18.020. (Ord. 1002 (Attachment A) (part), 1989)

In any district, more than one structure housing a use permitted or conditionally permitted may be erected on a single lot; provided, that yard, lot coverage, density, and any other applicable requirements of this title shall be met for each structure as though it were on an individual lot. (Ord. 1002 (Attachment A) (part), 1989)

The height limitations contained in Chapters 20.20 through 20.48 do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. (Ord. 1002 (Attachment A) (part), 1989)

Every building hereafter erected or moved shall be on a lot adjacent to an improved public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking. (Ord. 1002 (Attachment A) (part), 1989)

Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings. (Ord. 1002 (Attachment A) (part), 1989)

Home occupations as defined by this title shall be conducted in compliance with the following provisions:

(1)    No person other than family residing on the premises shall be engaged in such occupation.

(2)    The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than twenty-five percent of the usable floor area of the dwelling unit shall be used in the conduct of the home occupation.

(3)    There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, other than one sign, not exceeding four square feet in area, nonilluminated and mounted on the property.

(4)    No traffic shall be generated by such home occupations in greater number than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this title and shall not be located in a required front yard.

(5)    No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lots, if the occupation is conducted in a single-family residence or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises. (Ord. 1176 § 20, 1996; Ord. 1002 (Attachment A) (part), 1989)

(a)    On-site hazardous waste storage and treatment facilities shall only be located in those zones where such activity is either permitted or conditionally permitted and only when in compliance with the applicable provisions of this title. All on-site hazardous waste storage and treatment facilities shall comply with the provisions of the State Hazardous Waste Management Act, Chapter 70.105 RCW, and all other state rules and regulations governing the storage and treatment of hazardous waste. No on-site hazardous waste storage and treatment facility shall be permitted to operate within the city without having first obtained an occupancy permit from the zoning administrator.

(b)    No occupancy permit shall be issued unless a valid dangerous waste permit has been issued by the state for the facility. Off-site hazardous waste storage and treatment facilities are prohibited within the city. (Ord. 1002 (Attachment A) (part), 1989)

(a)    Mobile homes are not allowed within the city except within an approved mobile home park.

(b)    A camper, camp trailer, or recreational vehicle may not be used as a sole structure, a permanent residence, or a principal residence upon any lot within the city.

(c)    A camper, camp trailer, or recreational vehicle may be used as a temporary accessory residence upon any lot within the residential zones (RS-6, RS-7, RS-10) for a period not to exceed twenty-one days within any calendar year, provided the vehicle is placed on the lot such that all other zone-specific standards are met (e.g., setbacks, lot coverage, height). (Ord. 1425 § 3, 2005: Ord. 1217 § 1, 1997: Ord. 1178 § 2, 1996: Ord. 1175 § 5, 1996)

(a)    The provisions of this section do not override any legally recorded covenants or deed restrictions of record.

(b)    Except as provided in subsection (c) of this section, a manufactured home is not allowed within the city except within a mobile home park.

(c)    A new manufactured home, as defined in Section 20.80.030, may be sited on any lot within the residential zones; provided, that the home:

(1)    Is a designated manufactured home as defined in Section 20.80.030; and

(2)    Is set upon a permanent foundation, as specified by the manufacturer, and that the space from the bottom of the home to the ground is enclosed by concrete or an approved concrete product which can be either load bearing or decorative; and

(3)    Is thermally equivalent to the state energy code; and

(4)    Is in compliance with all design standards applicable to all other homes within the residential zone within which it is to be located. (Ord. 1425 § 4, 2005)

In all residential zoning districts, residential dwellings occupied by handicapped individuals or groups shall be regulated in the same manner as dwellings occupied by families, unrelated groups and non-handicapped individuals. (Ord. 1686 § 3, 2016)

The purpose of the OS/AG district is to limit growth in those portions of the city where development opportunities are impacted by the presence of critical areas, to conserve such areas as open space, and to allow continued productive utilization. (Ord. 1686 § 5, 2016: Ord. 1002 (Attachment A) (part), 1989)

Permitted uses in the OS/AG district are as follows:

(a)    Agriculture; including farming and dairying, horticulture, floriculture, bee keeping; keeping and raising of domestic animals, poultry and livestock; and structures accessory to these activities; provided, that feed-lot operations shall not be permitted.

(b)    Open space and environmental restoration. (Ord. 1686 § 6, 2016: Ord. 1002 (Attachment A) (part), 1989)

Conditional uses in the OS/AG district are as follows:

(a)    One single-family residence per legal lot of record, except in those locations where such development would otherwise be prohibited pursuant to the ordinances of the city of Sumas.

(b)    Public and private recreational uses.

(c)    Other uses compatible with the purpose of the district. (Ord. 1686 § 7, 2016: Ord. 1519 § 1, 2008: Ord. 1002 (Attachment A) (part), 1989)

All other uses. (Ord. 1002 (Attachment A) (part), 1989)

(a)    All development on the shoreline of streams within the jurisdiction of the city shoreline program shall comply with the shoreline setback requirement of that program. Where there is a conflict between this chapter and the shoreline program the more restrictive provision shall apply.

(b)    On all other streams within the city, all structures and other development shall be set back from the ordinary high water mark a distance of no less than twenty-five feet; provided, that ground level parking lots and parking areas may be set back from the ordinary high water mark a distance of no less than fifteen feet. (Ord. 1002 (Attachment A) (part), 1989)

Land in the RS-15 district is so classified to permit suburban way of life combined with advantages of contemporary standards for single residential living. (Ord. 1002 (Attachment A) (part), 1989)

Permitted uses in the RS-15 district are as follows:

(1)    Single-family dwelling, including site-built and manufactured;

(2)    Adult daycare, subject to administrative conditions addressing hours of operation, parking, and pick-up and drop-off;

(3)    Accessory buildings such as garage, carport, greenhouse, workshop. (Ord. 1686 § 8, 2016: Ord. 1425 § 7, 2005: Ord. 1178 § 1, 1996: Ord. 1002 (Attachment A) (part), 1989)

Conditional uses in the RS-15 district are as follows:

(1)    Churches of all faiths and accessory school and residence;

(2)    Private swimming pools;

(3)    Public parks and community centers. (Ord. 1002 (Attachment A) (part), 1989)

The following uses are prohibited:

(1)    Mobile homes;

(2)    All other uses not otherwise permitted. (Ord. 1175 § 1, 1996)

Structures shall not exceed thirty-five feet in height or exceed two stories. (Ord. 1002 (Attachment A) (part), 1989)

The depth of the rear yard shall be not less than five feet as measured from the foundation line of any structure; provided, that accessory buildings may be located in the rear yard if located no closer than two feet from the rear property line. (Ord. 1002 (Attachment A) (part), 1989)

The depth of each side yard shall not be less than eight feet as measured from the foundation line of any structure. (Ord. 1002 (Attachment A) (part), 1989)

The depth of the front yard shall be not less than twenty feet as measured from the foundation line of any principal or accessory structure. (Ord. 1002 (Attachment A) (part), 1989)

(a)    All development on the shoreline of streams within the jurisdiction of the city shoreline program shall comply with the shoreline setback requirement of that program. Where there is a conflict between this chapter and the shoreline program the more restrictive provision shall apply.

(b)    On all other streams within the city, all structures and other development shall be set back from the ordinary high water mark a distance of no less than twenty-five feet; provided, that ground level parking lots and parking areas may be set back from the ordinary high water mark a distance of no less than fifteen feet. (Ord. 1002 (Attachment A) (part), 1989)

The minimum lot area shall be ten thousand eight hundred ninety square feet. The minimum lot width shall be seventy feet; provided, that cul-de-sac lots may have a minimum width at the street line of thirty feet if the lot width at the building line meets the minimum width standard of seventy feet. (Ord. 1420 § 1, 2005: Ord. 1002 (Attachment A) (part), 1989)

Signs shall be permitted as follows:

(1)    Name plates with a maximum surface of one square foot.

(2)    “For Sale” or “For Rent” signs with maximum surface of six square feet, and set back from the property line ten feet.

(3)    Church or park signs with maximum surface of twenty square feet, and set back from the property line ten feet.

(4)    Illuminated signs are not permitted except for church or park. (Ord. 1002 (Attachment A) (part), 1989)

No building or housing-type structure moved onto or constructed within this residential zoning district which is to be used as a single-family dwelling shall have less than one thousand one hundred square feet of enclosed floor space, excluding garage and/or carport areas. Each such building or housing-type structure shall have eaves with a minimum overhang of twelve inches. (Ord. 1425 § 8, 2005: Ord. 1175 § 7, 1996: Ord. 1002 (Attachment A) (part), 1989)

The purpose of the R-7 district is to permit the establishment of medium density residential uses that are primarily single-family. (Ord. 1686 § 9, 2016: Ord. 1244 § 3, 1998: Ord. 1002 (Attachment A) (part), 1989)

Permitted uses in the R-7 district are as follows:

(a)    Single-family dwelling, including site-built and manufactured;

(b)    Accessory buildings such as garage, carport, greenhouse, workshop;

(c)    Private swimming pool;

(d)    Adult daycare, subject to administrative conditions addressing hours of operation, parking, and pick-up and drop-off. (Ord. 1686 § 10, 2016: Ord. 1244 § 4, 1998: Ord. 1002 (Attachment A) (part), 1989)

(1)    Conditional uses in the R-7 district are as follows:

(a)    Churches of all faiths and accessory schools and residences;

(b)    Public schools;

(c)    Public parks, community centers and public libraries;

(d)    Duplex.

(2)    Additional conditional uses in the R-7 district are as follows:

(a)    Wireless communications facilities, including their support structures, antennas, accessory equipment structures, and appurtenances used to transmit, receive, distribute, provide or offer personal wireless communications service to the public;

(b)     Water storage reservoirs owned and operated by a public utility, water district, or water association.

In addition to being subject to the conditions set forth in Chapter 20.66 of this code, any conditional use allowed pursuant to this subsection (2) is also subject to such additional conditions and requirements as the city council may deem appropriate, including those necessary to minimize impacts and protect and promote the general health, safety, and welfare of the city of Sumas and its residents. Included among the additional conditions and requirements that the city council may impose are those set forth in Chapter 20.13 of the Whatcom County Code pertaining to wireless communications facilities. (Ord. 1686 § 11, 2016: Ord. 1330 §§ 1, 2, 2001: Ord. 1244 § 5, 1998: Ord. 1002 (Attachment A) (part), 1989)

The following uses are prohibited in the R-7 district:

(1)    Mobile homes not meeting the definition of manufactured home under the International Residential Code;

(2)    All other uses not otherwise permitted. (Ord. 1686 § 12, 2016: Ord. 1244 § 6, 1998: Ord. 1175 § 2, 1996: Ord. 1002 (Attachment A) (part), 1989)

Structures shall not exceed thirty-five feet in height or exceed two stories. (Ord. 1002 (Attachment A) (part), 1989)

The depth of the rear yard shall be not less than five feet as measured from the foundation line of any structure, provided that accessory buildings may be located in the rear yard if located no closer than two feet from the rear property line. (Ord. 1002 (Attachment A) (part), 1989)

The depth of each side yard shall be not less than eight feet as measured from the foundation line of any structure. (Ord. 1002 (Attachment A) (part), 1989)

The front yard depth shall be not less than twenty feet as measured from the foundation line of any principal or accessory structure. (Ord. 1002 (Attachment A) (part), 1989)

(a)    All development on the shoreline of streams within the jurisdiction of the city shoreline program shall comply with the shoreline setback requirement of that program.

Where there is a conflict between this chapter and the shoreline program the more restrictive provision shall apply.

(b)    On all other streams within the city, all structures and other development shall be set back from the ordinary high water mark a distance of no less than twenty-five feet; provided, that ground level parking lots and parking areas may be set back from the ordinary high water mark a distance of no less than fifteen feet. (Ord. 1002 (Attachment A) (part), 1989)

Minimum lot area shall be seven thousand two hundred square feet for a single-family residence and nine thousand square feet for a duplex. Minimum lot width shall be sixty feet; provided, that cul-de-sac lots may have a minimum width at the street line of thirty feet if the lot width at the building line meets the minimum width standard of sixty feet. (Ord. 1686 § 13, 2016: Ord. 1244 § 7, 1998: Ord. 1002 (Attachment A) (part), 1989)

Signs shall be permitted as follows:

(1)    Nameplates with a maximum surface of one square foot.

(2)    “For Sale” or “For Rent” signs with maximum surface of six square feet, and set back from property line ten feet.

(3)    Church, park or school signs with maximum surface of twenty square feet, and set back from property line ten feet.c

(4)    Illuminated signs shall:

(A)    Not glare on adjoining property;

(B)    Be of constant light intensity;

(C)    Not conflict with traffic controls; and

(D)    Not be exposed neon. (Ord. 1002 (Attachment A) (part), 1989)

No building or housing-type structure moved onto or constructed within this residential zoning district which is to be used as a single-family dwelling or duplex shall have less than one thousand one hundred square feet of enclosed floor space, excluding garage and/or carport areas. Each such building or housing-type structure shall have eaves with a minimum overhang of twelve inches. (Ord. 1686 § 14, 2016: Ord. 1425 § 6, 2005: Ord. 1208 § 1 (part), 1997; Ord. 1178 § 4 (part), 1996: Ord. 1175 § 8 (part), 1996: Ord. 1002 (Attachment A) (part), 1989)

The purpose of the R-6 district is to permit the establishment of high density residential development of both single- and multiple-family dwellings. (Ord. 1493 § 1 (part), 2007: Ord. 1002 (Attachment A) (part), 1989)

Permitted uses in the R-6 district are as follows:

(1)    Detached single-family dwellings, including site-built and manufactured;

(2)    Accessory buildings such as garage, carport, greenhouse;

(3)    Private swimming pools;

(4)    Accessory uses;

(5)    Adult daycare, subject to administrative conditions addressing hours of operation, parking, and pick-up and drop-off. (Ord. 1686 § 15, 2016: Ord. 1493 § 1 (part), 2007: Ord. 1002 (Attachment A) (part), 1989)

Conditional uses in the R-6 district are as follows:

(1)    Duplexes and multiple dwellings;

(2)    Attached single-family dwellings on two adjoining lots;

(3)    Attached single-family dwellings on up to a maximum of six adjoining lots where located within a planned development established consistent with Section 20.32.140;

(4)    Nonprofit club houses;

(5)    Churches of all faiths and accessory school and residence;

(6)    Public parks, community centers, and public libraries;

(7)    Mobile home parks. (Ord. 1493 § 1 (part), 2007: Ord. 1002 (Attachment A) (part), 1989)

The following uses are prohibited:

(1)    Mobile homes outside of a mobile home park;

(2)    Attached single-family dwellings on more than two adjoining lots, except within a planned development;

(3)    All other uses not otherwise permitted. (Ord. 1493 § 1 (part), 2007: Ord. 1175 § 3, 1996: Ord. 1002 (Attachment A) (part), 1989)

Structures shall not exceed thirty-five feet in height or exceed two stories. (Ord. 1493 § 1 (part), 2007: Ord. 1002 (Attachment A) (part), 1989)

The depth of the rear yard shall be not less than five feet as measured from the foundation line of any structure; provided, that the accessory buildings may be located in the rear yard if located no closer than two feet from the rear property line. (Ord. 1493 § 1 (part), 2007: Ord. 1002 (Attachment A) (part), 1989)

The depth of each side yard shall be not less than eight feet as measured from the foundation line of any structure; provided, that no side yard shall be required for attached single-family dwellings on the side where the two dwellings are attached. (Ord. 1493 § 1 (part), 2007: Ord. 1002 (Attachment A) (part), 1989)

The depth of the front yard shall be not less than twenty feet as measured from the foundation line of any principal or accessory structure. In older areas in which fifty percent or more of the lots in a block are developed, the front yard may be the average depth of those existing yards. (Ord. 1493 § 1 (part), 2007: Ord. 1002 (Attachment A) (part), 1989)

(a)    All the development on the shoreline of streams within the jurisdiction of the city shoreline program shall comply with the shoreline setback requirement of that program. Where there is a conflict between this chapter and the shoreline program, the more restrictive provision shall apply.

(b)    On all other streams within the city, all structures and other development shall be set back from the ordinary high water mark a distance of no less than twenty-five feet; provided, that ground level parking lots and parking areas may be set back from the ordinary high water mark a distance of no less than fifteen feet. (Ord. 1493 § 1 (part), 2007: Ord. 1002 (Attachment A) (part), 1989)

Minimum lot area for all uses except attached, single-family dwellings shall be six thousand square feet and shall be increased as required so that no more than thirty-five percent of the lot area shall be covered by buildings. Minimum lot area for attached single-family dwellings shall be three thousand square feet and shall be increased as required so that no more than thirty-five percent of the lot area of any end lot and forty-five percent of the lot area of any interior lot shall be covered by buildings. Except as provided below, the minimum lot width shall be sixty feet; provided, that cul-de-sac lots may have a minimum width at the street line of thirty feet if the lot width at the building line meets the minimum width standard of sixty feet. The minimum lot width for a lot containing or planned for an attached single-family dwelling shall be thirty feet; provided, that such lots may have a minimum width of twenty feet if the lot width at the building line meets the minimum width standard of thirty feet. (Ord. 1493 § 1 (part), 2007: Ord. 1002 (Attachment A) (part), 1989)

Signs shall be permitted as follows:

(1)    Nameplate with a maximum surface of one square foot;

(2)    “For Sale” and “For Rent” signs with maximum surface of six square feet, and set back from property line ten feet;

(3)    Church, park or school signs with maximum surface of twenty square feet, and set back from the property line ten feet;

(4)    Illuminated signs shall:

(A)    Not glare on adjoining property;

(B)    Be of constant light intensity;

(C)    Not conflict with traffic controls; and

(D)    Not be exposed neon. (Ord. 1493 § 1 (part), 2007: Ord. 1002 (Attachment A) (part), 1989)

No building or housing-type structure moved onto or constructed within this residential zoning district which is to be used as a detached single-family dwelling shall have less than one thousand one hundred square feet of enclosed floor space, excluding garage and/or carport areas. Each such building or housing-type structure shall have eaves with a minimum overhang of twelve inches. (Ord. 1493 § 1 (part), 2007: Ord. 1425 § 5, 2005: Ord. 1208 § 1 (part), 1997; Ord. 1178 § 4 (part), 1996: Ord. 1175 § 8 (part), 1996: Ord. 1002 (Attachment A) (part), 1989)

For attached single-family dwellings, the city council may waive the lot frontage requirements established under Division II of this title through the approval of a conditional use permit where a finding is made that adequate access to said lot or lots can and will be provided through use of a properly recorded easement. (Ord. 1493 § 1 (part), 2007)

(a)    Planned developments are those developments authorized in the residential high density zoning district that allow increased variation in lot coverage and dwelling types based on review and approval of a master plan submitted in conjunction with an application for approval of a preliminary plat for a long subdivision pursuant to Division II of this title.

(b)    Planned developments may only be approved for those projects located on a minimum of one acre of gross land area. Such developments are not authorized within the developed portions of the city located north of Front Street.

(c)    In addition to the information required with an application for preliminary plat approval, the master plan for a planned development shall include the following information: a description of the proposed development, including its purpose and design goals; a listing and description of the dwelling types and other uses planned, as well as their distribution throughout the development; architectural design, landscaping and parking standards proposed; a description of proposed open space and park areas; and other information necessary to allow the city council to review the proposed development.

(d)    The development of specific uses within areas approved as planned developments shall be subject to the regulations established in this chapter. (Ord. 1493 § 1 (part), 2007)

In reviewing applications for approval of duplexes, multiple dwellings, attached single-family dwellings and planned developments, the city council shall retain broad authority to approve, approve with conditions or deny a specific project application based on the unique circumstances specific to that proposal. Such authority shall be based on consideration of factors including, but not limited to, the character of the neighborhood within which the project is proposed, the development plan for the subject neighborhood as expressed in the comprehensive plan, the presence of other similar developments in the surrounding area, the proximity of the development to public services, and the availability of adequate on- and off-street parking. (Ord. 1493 § 1 (part), 2007)

This district is reserved for businesses serving the needs of travelers, and whose development may be achieved in harmony with surrounding areas. (Ord. 1002 (Attachment A) (part), 1989)

Permitted uses in the BT district are as follows:

(1)    Motels;

(2)    Drive-in restaurants;

(3)    Car washes;

(4)    Restaurants;

(5)    Convenience stores;

(6)    Electric vehicle battery charging stations. (Ord. 1686 § 16, 2016: Ord. 1002 (Attachment A) (part), 1989)

Conditional uses in the BT district are as follows:

(1)    Retail stores other than convenience stores;

(2)    Professional and business offices;

(3)    Establishments offering personal services, such as barber and beauty shops, shoe repair, dressmaking and tailoring, cleaning and pressing, coin-operated laundry and dry cleaning;

(4)    Financial institutions such as banks, savings and loan associations and finance companies;

(5)    Restaurants with cocktail lounges;

(6)    Dental and medical offices and clinics;

(7)    Schools for business, trade, art and music;

(8)    Printing and publishing establishments;

(9)    Brokerage offices;

(10)    Public libraries;

(11)    Government offices and related facilities;

(12)    Accessory use to a use permitted in subsections (1) through (11) of this section;

(13)    On-site hazardous waste treatment and storage facilities accessory to a use permitted in the district; provided, that in addition to the criteria set forth in Chapter 20.66, the facility also complies with the State Hazardous Waste Siting Standards and the requirements of the State Environmental Policy Act and local environmental standards and regulations;

(14)    Service stations; provided, that in addition to the standards for conditional uses set forth in Chapter 20.66 the city council finds that:

(A)    The proposal complies with the service station standards set forth in Section 20.36.040.

(B)    Pump islands and other structures are positioned on the site in such a manner that there is provided adequate holding and maneuvering area for vehicles to enter and leave the site with minimum disruption to traffic flow on adjoining streets.

(C)    The location and number of driveways is consistent with city traffic design standards and has been approved by the city utilities superintendent and adequate provisions have been included in the design both to clearly identify driveways and to physically prevent vehicle ingress and egress at points other than at the approved driveways. (Ord. 1002 (Attachment A) (part), 1989)

(a)    No structure on the site, including pump/gas dispenser islands and canopies, shall be located closer than five hundred feet from the property line of any property upon which a service station is presently located.

(b)    The horizontal distance between any part of the pump/gas dispenser island the vertical plane of the property line shall be no less than twenty feet.

(c)    All aboveground storage tanks shall be completely screened from neighboring uses and be installed and maintained in conformance with the applicable provisions of the Uniform Fire Code edition in effect at the time of application.

(d)    All below ground storage tanks shall be installed and maintained in conformance with the applicable provisions of the Uniform Fire Code edition in effect at the time of application, and the Federal Regulations for Underground Storage Tanks, 40 CFR 280.

(e)    At least one public restroom for each sex shall be provided. The fixtures in each restroom shall be no less than one water closet and one lavatory. Each restroom shall be accessible by the physically handicapped consistent with the criteria set forth in the State Barrier Free Standards. The restroom facilities shall be available for use by the public and accessible to the physically handicapped during all hours that the service station is open for business. (Ord. 1002 (Attachment A) (part), 1989)

All uses not otherwise permitted shall be prohibited. (Ord. 1002 (Attachment A) (part), 1989)

(a)    All development on the shoreline of streams within the jurisdiction of the city shoreline program shall comply with the shoreline setback requirement of that program. Where there is a conflict between this chapter and the shoreline program the more restrictive provision shall apply.

(b)    On all other streams within the city, all structures and other development shall be set back from the ordinary high water mark a distance of no less than twenty-five feet; provided, that ground level parking lots and parking areas may be set back from the ordinary high water mark a distance of no less than fifteen feet. (Ord. 1002 (Attachment A) (part), 1989)

This district is reserved for businesses which provide the day-to-day goods and services required by residents of the city and surrounding farms. (Ord. 1002 (Attachment A) (part), 1989)

Permitted uses in the BG district are as follows:

(1)    Retail stores;

(2)    Professional and business offices;

(3)     Establishments offering personal services, such as barber and beauty shops, shoe repair, dressmaking and tailoring, cleaning and pressing, coin-operated laundry and dry cleaning;

(4)    Financial institutions such as banks, savings and loan associations and finance companies;

(5)    Restaurants, taverns and cocktail lounges;

(6)    Hotels and motels;

(7)    Dental and medical offices and clinics;

(8)    Schools for business, trade, art and music;

(9)    Printing and publishing establishments;

(10)    Brokerage offices;

(11)    Public libraries;

(12)    Government offices and related facilities;

(13)    Electric vehicle battery charging stations;

(14)    Accessory use to a use permitted in subsections (1) through (13) of this section. (Ord. 1686 § 17, 2016: Ord. 1002 (Attachment A) (part), 1989)

Conditional uses in the BG district are as follows:

(1)    Entertainment and recreational facilities;

(2)    Dwelling units above the first story in buildings housing a primary permitted use;

(3)    On-site hazardous waste treatment and storage facilities accessory to a use permitted in the district; provided, that in addition to the criteria set forth in Chapter 20.66, the facility also complies with the State Hazardous Waste Siting Standards and the requirements of the State Environmental Policy Act and local environmental standards and regulations;

(4)    Multifamily dwellings of less than ten units per project on property located north of Front Street that do not have frontage on Cherry Street or Front Street. (Ord. 1725 § 1, 2018: Ord. 1719 § 1, 2017: Ord. 1002 (Attachment A) (part), 1989)

All uses not otherwise permitted are prohibited. (Ord. 1002 (Attachment A) (part), 1989)

No theater, as defined in Chapter 20.80, shall be permitted within one thousand feet of any church, as defined in this title, or other religious building or within one thousand feet of any establishment whose usual business or trade consists of the selling of alcoholic beverages including wine, spirits, or beer by the drink and licensed by the Washington State Liquor Control Board. (Ord. 1002 (Attachment A) (part), 1989)

(a)    All development on the shoreline of streams within the jurisdiction of the city shoreline program shall comply with the shoreline setback requirement of that program. Where there is a conflict between this chapter and the shoreline program the more restrictive provision shall apply.

(b)    On all other streams within the city, all structures and other development shall be set back from the ordinary high water mark a distance of no less than twenty-five feet; provided, that ground level parking lots and parking areas may be set back from the ordinary high water mark a distance of no less than fifteen feet. (Ord. 1002 (Attachment A) (part), 1989)

This chapter shall be known as the business district III—low impact. This district would be reserved for businesses which would provide services required by the local community and whose development would harmonize with neighboring residential areas. Businesses in this zone must be non-traffic oriented and should not generate excessive noise. (Ord. 1091 § 6, 1993)

Permitted uses in the business district III are as follows:

(1)    Single-family dwellings;

(2)    Professional and business offices;

(3)    Establishments offering personal services, such as barber and beauty shops, shoe repair, coin operated laundry, dry cleaning;

(4)    Dental and medical offices and clinics;

(5)    Public libraries and museums;

(6)    Government offices and related facilities;

(7)    Electric vehicle battery charging stations;

(8)    Accessory use to a use permitted above. (Ord. 1686 § 18, 2016: Ord. 1188 § 2, 1996)

Conditional uses in the business district III are as follows:

(1)    Financial institutions such as banks, savings and loan associations and finance companies;

(2)    Schools for business, trade, art and music;

(3)    Printing and publishing establishments;

(4)    Dwelling units above the first story in buildings housing a primary permitted use. (Ord. 1091 § 8, 1993)

All uses not otherwise permitted are prohibited. (Ord. 1091 § 9, 1993)

Same requirements as business district II. (Ord. 1091 § 10, 1996)

The setbacks for new construction in this zone shall remain the same as for the residential high density. (Ord. 1091 § 11, 1993)

The purpose of the industrial district is to encourage the development of manufacturing, wholesale and selected retail business establishments. (Ord. 1002 (Attachment A) (part), 1989)

Permitted uses in the I district, unless otherwise specifically prohibited or allowed only as a conditional use, are as follows:

(1)    Warehousing and wholesaling establishments; excluding the storage and handling of explosives, ammonia, chlorine, and any other similarly dangerous or toxic substance;

(2)    Light manufacturing and assembly of products or material, excluding any manufacturing or assembly requiring approval of a conditional use permit pursuant to Section 20.44.030;

(3)    Retail sales of products manufactured in the district when accessory to the primary use;

(4)    Offices;

(5)    Plant nurseries;

(6)    Small scale animal hospitals;

(7)    Transportation-related facilities (such as freight operations and terminals), excluding freight operations and terminals involving the storage or transport of garbage or refuse;

(8)    Construction business including contractor’s storage yards and offices;

(9)    On-site hazardous waste storage and treatment facilities accessory to a use permitted in the district; provided, that such facilities comply with the state hazardous waste siting standards and the requirements of the State Environmental Policy Act and local environmental standards and regulations;

(10)    Food processing and/or production not involving the presence of livestock, such as cattle or chickens, on site, including the manufacturing of value-added food products;

(11)    Trucking, warehousing, and parcel delivery operations not involving the storage or transport of garbage or refuse;

(12)    Light manufacturing and fabrication, including the fabrication of apparel, textile products, furniture and fixtures, leather products, stone products, glass products, electric equipment, communications equipment and other products of a similar nature and the manufacturing and fabrication of jewelry, silverware, plate ware, metal products, musical instruments and parts, toys, sports and athletic goods, recreational goods and equipment, and other similar products, but excluding any manufacturing and fabrication requiring approval of a conditional use pursuant to Section 20.44.030;

(13)    Machine shops and workshops;

(14)    Cold storage;

(15)    Vehicle and heavy equipment repair;

(16)    Boat building, excluding any boat building requiring approval of a conditional use permit based on use of materials or processes identified under Section 20.44.030(1);

(17)    Grain milling;

(18)    Business firm headquarters;

(19)    Testing laboratory;

(20)    Wood drying kilns;

(21)    Power generation plants utilizing natural gas as a single fuel that generate less than three hundred fifty megawatts per hour;

(22)    Utility and communication transmission facilities;

(23)    Electric vehicle battery charging stations. (Ord. 1686 § 19, 2016: Ord. 1619 § 1, 2013: Ord. 1520 § 1, 2008: Ord. 1002 (Attachment A) (part), 1989)

Conditional uses in the I district, unless otherwise specifically prohibited, are as follows:

(1)    Light manufacturing and assembly using significant quantities of the following materials and/or the following processes, where a “significant quantity” is defined as a barrel or more at a single time:

(A)    Acetylene;

(B)    Distilled alcohol;

(C)    Asphalt or tar, petroleum products, and petroleum by-products;

(D)    Brick, tile or terra cotta;

(E)    Chemicals such as acid, ammonia, bleach, chlorine, dye stuff, glue, gelatin or size;

(F)    Concrete, cement, lime, gypsum, or plaster of paris;

(G)    Fats, oils, and soap;

(H)    Forging or smelting of metal;

(I)    Highly flammable materials;

(J)    Lumber mills and wood planing operations within an enclosed structure;

(K)    Oilcloth, linoleum or vinyl;

(L)    Paint, shellac, turpentine, lacquer or varnish;

(M)    Paper manufacturing within an enclosed structure;

(N)    Any combustible fuel;

(O)    Storage of “significant quantities” of any of the above materials or products;

(P)    Wood fired boilers;

(Q)    Temporary or permanent uses that typically do not require the construction of permanent buildings and that involve the use of equipment to stockpile, process, or recycle raw materials or create a product. Examples include but are not limited to asphalt batch plants; rock, sand and/or gravel storage or sorting operations; log or mineral storage operations; and similar uses;

(2)    Heavy manufacturing and assembly of any product or material not prohibited hereunder;

(3)    The following retail trade establishments:

(A)    Lumber and building materials;

(B)    Motor vehicle and heavy equipment dealers (new and used);

(C)    Boat dealers;

(D)    Heating fuel and ice dealers;

(E)    Farm supplies;

(F)    Industrial equipment and supplies;

(4)    Crematories;

(5)    Monument and stone works;

(6)    Go-kart tracks for karts with an engine displacement under two hundred fifty cubic centimeters;

(7)    Live-work combined uses where an attached, accessory dwelling unit or apartment is located within a structure occupied by a nonresidential use allowed in the industrial district; provided, that the following criteria are met at all times throughout the residential occupancy of the structure:

(A)    The accessory dwelling unit or apartment shall be occupied by the owner of the business or someone employed by the business providing the principal permitted use;

(B)    The accessory dwelling unit or apartment shall not exceed eight hundred square feet of living area;

(C)    The structure shall comply with all applicable zoning and building code requirements, including those requirements set forth in the International Building Code addressing fire suppression and minimum separations between occupancies;

(D)    Approval of the structure under this subsection shall not eliminate the requirement for the principal use to obtain approval of a conditional use permit where such approval is required pursuant to this chapter, except for the following uses:

(i)    Uses included under Sections 20.44.020 and subsection (3) or (5) of this section; or

(ii)    Equipment and vehicle repair; or

(iii)    Industrial, commercial and residential service providers; or

(iv)    Other similar uses proposed by the applicant and approved by the city council in conjunction with approval of the conditional use permit for the structure;

(E)    The structure is located within that portion of the industrial district bounded by the Burlington Northern main line, West Third Street, the Burlington Northern spur line, Bob Mitchell Way and Garfield Street, all as they are now presently located;

(F)    No more than one accessory dwelling unit or apartment shall be provided per nonresidential structure, except that in structures containing more than one non-residential use no more than one accessory dwelling unit or apartment per nonresidential use shall be provided and each residential unit or apartment shall be directly connected to the nonresidential use to which it is accessory;

(G)    The required number of parking spaces shall be as specified for each business use or type of use under Chapter 20.56; and

(H)    The city council is authorized to establish conditions addressing the live-work structure, site improvements and uses allowed in the structure through the conditional use permit approval process; and all use of a live-work structure shall be in compliance with all such conditions of approval;

(8)    Recycling centers and facilities processing recycled materials within an enclosed structure;

(9)    Power generation plants utilizing natural gas as a single fuel that generate three hundred fifty megawatts or more per hour, and all dual-fuel power generation plants;

(10)    Indoor shooting ranges;

(11)    Other uses similar to the above. (Ord. 1619 § 2, 2013: Ord. 1558 § 1, 2010: Ord. 1520 § 2, 2008: Ord. 1002 (Attachment A) (part), 1989)

In addition to reviewing a proposed conditional use for consistency with the conditional use permit criteria set forth under Section 20.66.020, the city council shall consider the following criteria when reviewing applications for conditional use permits in the I district:

(1)    The extent to which the proposed use is consistent with the purpose established under Section 20.44.010;

(2)    The benefits to the public that will result from permanent improvements associated with the proposed use that increase the city’s tax base;

(3)    The number, duration and quality of jobs that will result from establishment of the proposed use;

(4)    The extent to which potential impacts to the public and neighboring properties and resources, including to neighboring zoning districts, will be mitigated to within acceptable levels such that the use will not result in adverse impacts to private property, property values, quality of life, and community and environmental health; and

(5)    The extent to which the use will generate benefits or contribute revenue that will offset impacts to or use of public facilities. (Ord. 1619 § 3, 2013)

The following uses are prohibited in the I district:

(1)    Manufacture, compounding, processing, refining and treatment of significant quantities of the following materials, products or operations is prohibited. For the purpose of this section, “significant quantities” consist of a barrel or more at a single time:

(A)    Explosives,

(B)     Distillation of bones, rendering of inedible fat,

(C)    Disposal of dead animals,

(D)    Slaughterhouses and stockyards,

(E)    Petroleum or gas refining;

(2)    Freight operations or terminals involving the storage or transport of garbage or refuse;

(3)    Outdoor log chipping, rock crushing, and auto crushing or demolition;

(4)    Gravel pits;.

(5)    All other uses not permitted or conditionally permitted are prohibited. (Ord. 1619 § 4, 2013: Ord. 1520 § 3, 2008: Ord. 1002 (Attachment A) (part), 1989)

(a)    Front Yard. The depth of the front yard shall be not less than forty-five feet as measured from the foundation line of any principal or accessory structure.

(b)    Rear Yard. The depth of the rear yard shall be not less than [of] five feet as measured from the foundation line of any structure, provided that accessory buildings may be located in the rear yard if located no closer than two feet from the rear property line.

(c)    Side Yard. The depth of each side yard shall be not less than ten feet as measured from the foundation line of any structure.

(d)    Exemptions from Yard Requirements. The depth of yard requirement shall not apply to utility or security structures such as poles, meters, fences, guard structures and the like. (Ord. 1002 (Attachment A) (part), 1989)

(a)    All development on the shoreline of streams within the jurisdiction of the city shoreline program shall comply with the shoreline setback requirement of that program.

Where there is a conflict between this chapter and the shoreline program the more restrictive provision shall apply.

(b)    On all other streams within the city, all structures and other development shall be set back from the ordinary high water mark a distance of no less than twenty-five feet, provided, that ground level parking lots and parking areas may be set back from the ordinary high water mark a distance of no less than fifteen feet. (Ord. 1002 (Attachment A) (part), 1989)

Lot coverage by buildings and other structures shall not be more than the sixty percent of the lot area. (Ord. 1002 (Attachment A) (part), 1989)

At least fifteen percent of the parcel shall be open space devoid of structures, accessory facilities and impervious surfaces. (Ord. 1002 (Attachment A) (part), 1989)

(a)    Permanent Signs—Industrial Uses.

(1)    All signs must be an integral and coordinated part of a site design plan for the entire complex.

(2)    One free-standing sign shall be permitted at the entrance to each individual site provided that the total sign area for any one face does not exceed sixty-four square feet.

(3)    Wall signs shall be flush against the building and shall not exceed twenty-five percent of the total wall area, on which they are located less windows and doors.

(4)    Roof signs not greater than five feet above the peak of the roof and not extending beyond the roof it is located on shall be permitted.

(b)    Permanent Signs—Other Uses.

(1)    One free-standing sign not to exceed sixty-four square feet in surface area per sign face. A maximum of two sign faces shall be allowed. Height of this sign shall not exceed twenty-five feet.

(2)    Single-faced signs on walls or eaves not to exceed a cumulative total of one hundred square feet in area.

(3)    Roof mounted signs with a maximum of two faces per sign not to exceed a cumulative total of one hundred square feet in surface area per face (or faces visible from one direction). These signs shall not extend laterally beyond the roof nor more than five feet above the highest point of the roof.

(c)    Temporary Signs.

(1)    Unlighted temporary building signs not to exceed sixty-four square feet in area, with message limited to the name, address and phone number of the project, contractor, architect, and financial source shall be permitted.

(2)    Real estate signs shall be limited to one sign per street frontage, shall be unlighted and shall not exceed sixty-four square feet in area. (Ord. 1002 (Attachment A) (part), 1989)

The following improvement and performance standards shall be applicable to all permitted, accessory and conditional uses in the industrial district. The utilities superintendent shall ensure that the following standards are met prior to a new use being established and at all times through the course of operation.

(1)    Emissions of smoke, dust and other particulate matter, and of toxic and/or noxious gases and fumes shall meet or exceed standards set by the local air pollution authority (Northwest Clean Air Agency) and all Washington State and federal air quality standards.

(2)    Vibration caused by each use shall be so minimized that the ground vibration does not occur and is not detectable at any point on or beyond the exterior boundary of the industrial district.

(3)    Uses producing heat, glare and/or steam shall be carried on in such a manner that the heat, glare or steam shall not intrude beyond the boundary lines of the district within which the use is located. Building materials with high light-reflective qualities shall not be used in construction of buildings so that reflected sunlight will not result in intense glare affecting vehicles on public roadways and areas surrounding the zone. Artificial lighting shall be hooded or shaded so that direct light or high-intensity lamps will not result in glare when viewed from areas surrounding the zone.

(4)    Noise and sound levels shall not exceed levels established by noise control regulations of the Department of Labor and Industries. Maximum permissible environmental noise levels within the zone and beyond the zone boundaries shall be as established by the State of Washington Department of Ecology under WAC 173-60-040 and as adopted by the Sumas city council under Chapter 8.26.

(5)    All operational areas where authorized activities are proposed to be carried out, including areas used for storage of input materials, finished products or waste materials, shall be elevated through the placement of fill to at a minimum the base flood elevation as established on the flood insurance rate map prepared by the Federal Emergency Management Agency and adopted by the city. This provision shall not apply to areas mapped as being within the special flood risk zone or special flood corridor established pursuant to the city’s flood damage prevention ordinance, codified as Chapter 14.30, where establishment of such operational areas as described above is prohibited. The utilities superintendent is authorized to waive the requirement set forth in this provision when it is determined that the activities, operations and materials at the specific location proposed will not pose a risk to public health, safety and welfare if such area is not elevated as required herein. In cases where strict conformance to this standard would constitute a hardship, the utilities superintendent is authorized to establish alternative mitigating measures that will ensure that risks to the public health, safety and welfare will be minimized to within acceptable levels.

(6)    Access Driveways, Travel Routes and Vehicular Turn-Arounds. Where determined by the utilities superintendent to be necessary and applicable to the proposed use, access driveways, on-site vehicular travel routes and vehicular turn-arounds meeting city and fire district requirements shall be installed prior to commencing operations.

(7)    Frontage Improvements. Where determined by the utilities superintendent to be necessary and applicable to the proposed use, frontage improvements shall be completed prior to commencing operations that include driveway access aprons, roadway widening, turn lanes, sidewalks, curbs and gutters, and stormwater management facilities per the Washington Department of Ecology Stormwater Management Manual for Western Washington.

(8)    Screening. Where determined to be necessary by the utilities superintendent, screening such as fencing or landscaping shall be installed prior to commencing operations. (Ord. 1619 § 5, 2013)

The mini-warehouse zone is intended to accommodate the construction and operation of warehouses for personal and individual storage on a noncommercial basis whereby individual users, be he a person or small business user, can rent a moderate size space or compartment for the storage of nontoxic and nonhazardous substances as defined by the city. (Ord. 1002 (Attachment A) (part), 1989)

The only use permitted in this MW zone shall be ware housing providing small to medium size compartments or separate areas within a main structure whereby individuals and/or businesses may lease storage space secured and separate within itself, for storage to exclude explosives, ammonia, chlorine, and/or similar hazardous and/or dangerous toxic substances as may be determined by the city. (Ord. 1002 (Attachment A) (part), 1989)

All structures used as the mini-warehouse or in support of the mini-warehouse use shall be built and placed on the property in accordance with all other building codes, rules and regulations in the city for warehouse-type buildings, provided, however, that said structures shall not exceed one story and have a maximum height of twenty feet. (Ord. 1002 (Attachment A) (part), 1989)

(a)    All storage shall be inside, i.e., within a covered building with four closed sides.

(b)    The land specifically used for the mini-warehouse storage and the access to and from the storage, including turnaround and backing area for loading and unloading, shall be covered with asphalt (or other similar or better ground cover as may be approved by the city) together with proper drainage.

(c)    A strip of lawn or landscape gardening at least five feet in width shall be maintained around the property specifically used as the mini-warehouse.

(d)    One sign, not in excess of thirty-two square feet, shall be allowed to advertise the mini-warehouse use and all signs in excess of this amount are prohibited. (Ord. 1002 (Attachment A) (part), 1989)

(a)    The entire use area of the mini-warehouse shall be surrounded by an anti-personnel fence (or similar or better type fencing as may be approved by the city) at least eight feet in height.

(b)    The property shall have adequate security lighting which lighting plans and specifications must be approved by the appropriate city officials before construction and use.

(c)    All exterior and interior walls of the mini-warehouse structure must have at least “one-hour fire wall protection.”

(d)    All alleyways and distances between individual buildings must be at least twenty-five feet in width.

(e)    Definite business hours must be established and approved by the city for the operation of the mini-warehouse business before business may be conducted thereon, and once such hours are established they must be adhered to at all times. (Ord. 1002 (Attachment A) (part), 1989)

The purpose of this district is to establish areas within the city where recreational vehicle parks are permitted. (Ord. 1002 (Attachment A) (part), 1989)

Permitted uses in the RV district are as follows:

(a)    Public parks;

(b)    Public recreational facilities;

(c)    Accessory uses. (Ord. 1704 § 1, 2017: Ord. 1002 (Attachment A) (part), 1989)

Conditional uses in the RV district are as follows:

(a)    Recreational vehicle parks;

(b)    Recreational vehicle campgrounds;

(c)    Recreational vehicle parks including extended stay spaces authorized pursuant to Section 20.62.035; and

(d)    Other private recreational facilities. (Ord. 1704 § 2, 2017: Ord. 1002 (Attachment A) (part), 1989)

All other uses. (Ord. 1002 (Attachment A) (part), 1989)

All new recreational vehicle parks and recreational campgrounds shall comply with the standards set forth in Chapter 20.62 of this title. (Ord. 1002 (Attachment A) (part), 1989)

(a)    All development on the shoreline of streams within the jurisdiction of the city shoreline program shall comply with the shoreline setback requirement of that program.

Where there is a conflict between this chapter and the shoreline program the more restrictive provision shall apply.

(b)    On all other streams within the city, all structures and other development shall be set back from the ordinary high water mark a distance of no less than twenty-five feet, provided, that ground level parking lots and parking areas may be set back from the ordinary high water mark a distance of no less than fifteen feet. (Ord. 1002 (Attachment A) (part), 1989)

It is the purpose of this chapter to regulate the location of adult entertainment facilities and related activities to promote the health, safety, morals and welfare of the citizens of the city of Sumas, and to prevent the deleterious secondary effects of these facilities on the community. It is not the intent of this chapter to impose any limitation or restrictions on the content of any communicative materials nor to restrict nor deny access by adults to adult entertainment protected by the State or Federal Constitutions, or to deny access of the distributors and exhibitors of adult entertainment to the market. Nor is it the intent of this chapter to condone or legalize the distribution of obscene materials. (Ord. 1203 (part), 1997)

The following words and phrases, as used in this chapter, shall have the following meanings:

“Adult entertainment facilities” means any of the following:

(1)    Adult arcade: An establishment to which the public is permitted or invited where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image-producing ma chines arranged or situated for viewing of the image produced thereby by five or fewer persons each, are regularly used to show films, motion pictures, video cassettes, slides or other photographic reproductions, which are characterized by the depiction of “specified sexual activities” or “specified anatomical areas.”

(2)    Adult cabaret: A night club, bar, restaurant, theater, hall, studio, or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features persons who appear nude or live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities.”

(3)    Adult motion picture theater: A commercial establishment which does not fall within the definition of adult arcade above, where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photo graphic reproductions, which are characterized by the depiction of “specified anatomical areas” or “specified sexual activities” are regularly shown.

(4)    Adult motel: A hotel, motel, or similar commercial establishment which regularly:

(A)    Offers accommodations to the public for any form of consideration, and regularly provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions, which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas,” and has a sign visible from a public right-of-way which advertises the availability of this adult type of photographic reproductions; or

(B)    Offers a sleeping room for rent for a period of time that is less than ten hours; or

(C)    Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.

(5)    Adult bookstore: A retail establishment in which:

(A)    Five percent or more of the “stock in trade” consists of printed matter, video tapes, discs, films, pictures or other material or paraphernalia distinguished or characterized by an emphasis on matter depicted, describing or relating to “specified anatomical areas” or “specified sexual activities”; or

(B)    Any persons are excluded by virtue of age from all or any portion of the premises generally held open to the public where the books, magazines, posters, pictures, periodicals or other printed material described in the foregoing subsection are displayed or sold.

(6)    Adult video store: A retail establishment in which:

(A)    Five percent or more of the “stock in trade” consists of prerecorded video tapes, discs or similar material distinguished or characterized by predominant emphasis on matter depicting, describing or relating to “specified anatomical areas” or “specified sexual activities”; or

(B)    Any persons are excluded by virtue of age from all or any portion of the premises generally held open to the public where goods or materials described in the foregoing subsection are displayed or sold.

(7)    Adult retail store: A retail establishment in which:

(A)    Five percent or more of the “stock in trade” consists of items, products or equipment distinguished or characterized by predominant emphasis or simulation of “specified anatomical areas” or “specified sexual activities”; or

(B)    Any persons are excluded by virtue of age from all or any portion of the premises generally held open to the public where the products or equipment described in the foregoing subsection are displayed or sold.

“Nude” or “state of nudity” means the appearance of less than completely and opaquely covered human buttock, anus, pubic region, male genitals, female genitals, or the female breast below a point immediately above the top of the areolae.

“Specified anatomical areas” means any of the following:

(1)    Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or

(2)    Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

“Specified sexual activities” means any of the following:

(1)    Fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; or

(2)    Acts of human sex, actual or simulated, including intercourse, oral copulation, or sodomy; or

(3)    Human masturbation, actual or simulated; or

(4)    Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) of this definition.

Stock in Trade. For purposes of this chapter, “stock in trade” means the greater of:

(1)    The retail dollar value of all goods held for sale; or

(2)    The total volume of shelf space and display area of the establishment. (Ord. 1203 (part), 1997)

(a)    No adult entertainment facility shall be located within one thousand feet of any of the following uses or areas whether such areas or uses are located within or outside of the city limits:

(1)    Public or private primary or secondary schools or facilities owned and operated by such schools;

(2)    Day care centers, preschools, nurseries, or other child care facilities;

(3)    Public parks, including trails, vistas and other recreational facilities;

(4)    Churches, temples, synagogues and chapels;

(5)    Public facilities, including, but not limited to libraries, post offices, government offices and courthouses;

(6)    Residential, day treatment or workshop facilities primarily oriented to the physically or mentally disabled;

(7)    Senior citizens’ service centers or residential facilities with the primary emphasis oriented to senior citizens;

(8)    Historic landmarks as formerly designated by city, state or national guidelines;

(9)    Taverns or bars where alcoholic beverages are sold and consumed.

The one-thousand-foot distance shall be measured by following a straight, horizontal line between the nearest point on a boundary line upon which there is located any use identified in subsections (a)(1) through (9) of this section to the nearest point of the wall of the building or portion of the building (i.e., a tenant’s space within a multitenant building) used, or proposed to be used, for an adult entertainment facility.

(b)    No adult entertainment facility shall be located within five hundred feet of any residentially zoned property.

Such distance shall be measured by following a straight, horizontal line, measured from the nearest point of the wall of the building or portion of the building (i.e., a tenant’s space within a multitenant building) used, or proposed to be used, for an adult entertainment facility and the nearest point on the boundary line of the residentially zoned property.

(c)    No adult entertainment facility shall be allowed to locate within five hundred feet of an existing adult entertainment facility measured by a straight, horizontal line, from the nearest point of the wall of the building or portion of the building (i.e., a tenant’s space within a multitenant building) proposed to be used for an adult entertainment facility to the same point of another adult entertainment facility. (Ord. 1203 (part), 1997)

The following sign and display regulations apply to all adult entertainment facilities:

Each adult entertainment facility shall be limited to one sign, flush against the wall of the building, not to exceed one hundred square feet. There shall be no pictorial or graphic symbols on the sign, on any portion of the building, or in any window display visible to the public. Revolving, moving and flashing signs are prohibited. Inflatable signs, banners, private flags, streamers, twirlers, balloons, advertising search lights and flares are prohibited. Signs placed on vehicles or trailers which are parked or located for the primary purpose of displaying the sign are prohibited. No signs shall extend higher than the top of the wall or parapet of the building and shall not be higher than twenty-five feet. Roof signs are prohibited. Informational material on the outside of the building and in the window displays visible to the public, including the sign, is limited to the name and address of the business, identification of the establishment as an adult entertainment establishment, and the days and hours of operation. (Ord. 1203 (part), 1997)

The provisions of this chapter are in addition to all other regulations, statutes and ordinances, whether now existing or hereafter adopted. Any adult entertainment facility shall be required to comply with the provisions of this code and all other laws applicable to such an establishment. (Ord. 1203 (part), 1997)

If any portion of this chapter, or its application to any person or circumstance, is held invalid, the validity of the chapter as a whole, or any other portion thereof, and its application to any other persons or circumstances, shall not be affected. (Ord. 1203 (part), 1997)

1.    “Marijuana” or “marihuana” means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than three-tenths percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

2.    “Marijuana-infused products” means products that contain marijuana or marijuana extracts, are intended for human use, and have a THC concentration greater than three-tenths percent and no greater than sixty percent. The term “marijuana-infused products” does not include useable marijuana or marijuana concentrates.

3.    “Marijuana processing” or “marijuana processor” means a person or business, processing marijuana into useable marijuana and/or marijuana-infused products, and/or packaging and labeling useable marijuana and/or marijuana-infused products for sale in retail outlets, and/or selling useable marijuana and marijuana-infused products at wholesale to marijuana retailers.

4.    “Marijuana producing” or “marijuana producer” means a person or business producing and/or selling marijuana at wholesale to marijuana processors and other marijuana producers.

5.    “Marijuana retailing” or “marijuana retailer” means a person or business, selling useable marijuana, marijuana concentrates, and/or marijuana-infused products in a retail outlet.

6.    “Marijuana, useable” or “useable marijuana” means dried marijuana flowers. The term “marijuana, useable” does not include either marijuana concentrates or marijuana-infused products.

7.    “Medical marijuana collective garden” means the growing of medical cannabis by qualifying patients as provided in Chapter 69.51A RCW, now or hereafter amended, and subject to the provisions of this chapter. A collective garden may also include ancillary processing and distribution of medical cannabis to support the collective garden. Medical marijuana collective gardens are a prohibited land use in the city. In addition, a location used solely for processing or distributing medical cannabis, or not meeting the requirements of this chapter, shall not be considered a collective garden and is prohibited.

8.    “Medical marijuana cooperative” means a cooperative formed by qualifying patients or designated providers that share responsibility for acquiring and supplying the resources needed to produce and process marijuana only for the medical use of members of the cooperative pursuant to session law, 2015 c 70 § 26. (Ord. 1743 § 1 (part), 2019)

A.    The production, processing and retail sales of marijuana and marijuana-infused products, all as defined in Initiative Measure No. 502, as codified in RCW Title 69, and implementing regulations in Chapter 314-55 WAC, and the operation of medical marijuana collective gardens and medical marijuana cooperatives are each prohibited and not allowed in any zone in the city of Sumas. Marijuana processing, marijuana producing, marijuana retailing, and the operation thereof, and medical marijuana collective gardens and medical marijuana cooperatives are each individually considered a prohibited use in all zones in the city. This prohibition is supplemental to and in no way limits the scope or effect of subsection B or C of this section.

B.    No person holding, or claiming to hold, a license from any state regulatory agency or county regulatory agency to produce, process, sell or distribute marijuana, marijuana-infused products, or any derivatives or resin-based derivatives of the Cannabis plant, including but not limited to licenses issued pursuant to Chapter 69.50 RCW and Chapter 314-55 WAC and Chapter 69.51A RCW, shall operate, maintain, cause or allow to exist any marijuana-based business or a medical marijuana collective garden or a medical marijuana cooperative in any zoning district within the city. This prohibition is supplemental to and in no way limits the scope or effect of subsection A or C of this section.

C.    No use that is illegal under, or contrary to, any city, state or federal law or statute shall be allowed in any zoning district within the city of Sumas, unless otherwise specifically and expressly allowed for in the Sumas Municipal Code. This prohibition is supplemental to and in no way limits the scope or effect of subsection A or B of this section. (Ord. 1743 § 1 (part), 2019)

The purpose of the regulations set forth in this chapter is:

(a)    To establish appropriate regulations to allow short-term rentals primarily within residential zoning districts;

(b)    To minimize the disruption that short-term rentals may have on residential neighborhoods; and

(c)    To promote economic activity, including tourism. (Ord. 1744 § 1 (part), 2019)

The regulations set forth in this chapter shall apply to all activities undertaken or proposed within the city that meet the definition of “short-term rental” established under Section 20.80.030. (Ord. 1744 § 1 (part), 2019)

Short-term rental uses that are not consistent with the regulations set forth in this chapter are prohibited. Short-term rental uses that are established and maintained consistent with the regulations set forth in this chapter shall be allowed as either a permitted use or a conditionally permitted use as established under Section 20.52.040. (Ord. 1744 § 1 (part), 2019)

(a)    Short-term rental of one or more bedrooms in a multi-bedroom, single-family dwelling or duplex where the single-family dwelling or duplex is the applicant’s primary place of residence is allowed as a permitted use where consistent with all requirements set forth in this chapter.

(b)    Short-term rental of a portion of a single-family dwelling or an entire single-family dwelling where the applicant’s primary place of residence is on the same property is allowed as a permitted use where consistent with all requirements set forth in this chapter.

(c)    Short-term rental of any portion of a structure or property containing three or more dwelling units shall require approval of a conditional use permit.

(d)    Short-term rental of any portion of a dwelling or an entire dwelling where the applicant does not have their primary place of residence on the same property shall require approval of a conditional use permit.

(e)    Short-term rental of any portion of a dwelling unit located in a zone where a single-family residence is not allowed as a permitted use shall require approval of a conditional use permit. (Ord. 1744 § 1 (part), 2019)

(a)    An application for short-term rental use of an eligible dwelling unit or portion thereof shall be completed on forms prepared by the city and be submitted to the city for review. Short-term rentals requiring approval of a conditional use permit shall also require submittal of a conditional use permit application.

(b)    An application for a short-term rental use may be submitted by the property owner residing within the dwelling unit, the property owner residing on the same property, the property owner not residing on the same property, or by a tenant residing within the subject dwelling who is leasing the dwelling for a minimum of a one-year period.

(c)    If the applicant for approval of a short-term rental use is not the owner of the subject property, then the application shall be accompanied by a signed statement from the owner authorizing the lessee to submit an application for approval of a short-term rental use.

(d)    The application shall be accompanied by payment of the applicable fee(s) set forth in the fee schedule as established under Chapter 3.30.

(e)    If compliance with the provisions of this chapter is demonstrated, an approval for a short-term rental use will be issued by the city. A business license for a short-term rental business will not be issued by the city until approval for a short-term rental use of the dwelling has been issued. (Ord. 1744 § 1 (part), 2019)

The following criteria shall be met in order for the city to approve a short-term rental use:

(a)    Occupancy. Maximum occupancy of the rental shall be based on the International Code Council Building Code standards. The applicant shall be responsible for ensuring that the dwelling unit is used in conformance with its maximum occupancy.

(b)    Parking. At least one additional off-street parking space shall be provided for the short-term rental use, in addition to all other parking required for the dwelling. Parking on site along the front property line shall not exceed sixty percent of the front-yard frontage. The number of vehicles parked at a short-term rental residence shall not at any time exceed the number of available parking spaces on the subject property; provided, that the city may reduce the off-street parking requirement if it is determined that sufficient on-street parking is available in close proximity to the subject property.

(c)    Signage. No outdoor advertising signs related to the short-term rental use shall be allowed on the site.

(d)    Solid Waste Collection. Solid waste collection is required at all short-term rentals consistent with city solid waste collection requirements.

(e)    Local Property Representative. Where the applicant does not reside full-time on the subject property or within ten miles driving distance of Sumas, a local property manager shall be designated. The local property manager shall reside full-time within ten miles driving distance from Sumas. The applicant or, where applicable, the local representative shall be responsible for responding to complaints about the rental. The name, address, and telephone contact number of the property owner, applicant and local representative shall be kept on file at the city. Additionally, the applicant shall mail a notice to all property owners within one hundred fifty feet of the short-term rental property that states the name, address, and telephone number of the applicant and local representative. If the local representative changes, the applicant shall be required to send out new notices to all property owners within one hundred fifty feet of the subject property.

(f)    Informational Sign. A sign shall be posted conspicuously inside the dwelling to provide information on maximum occupancy, location of off-street parking, contact information for the applicant or local representative, evacuation routes, and the short-term renter’s responsibility not to trespass on private property or to create disturbances.

(g)    Annual Fire Safety Inspection. All short-term rental uses shall require annual fire safety inspections to ensure public safety. Required inspections shall be completed prior to approval of the initial permit and each year within one month following the anniversary date of the initial permit approval. All costs for such inspections shall be borne solely by the applicant.

(h)    Other Standards. The short-term rental dwelling shall meet all applicable requirements of the zone in which it is located, including but not limited to setbacks, maximum height, and lot coverage standards. (Ord. 1744 § 1 (part), 2019)

The zoning administrator or city council, as appropriate, shall have the authority to waive compliance with Sections 20.52.060(b) (Parking), (c) (Signage), and (e) (Local Property Representative) if there are circumstances unique to the subject property that make compliance extremely difficult. A written waiver shall only be issued if it will not result in the harm of adjacent properties. Otherwise, variances from the provisions set forth in Section 20.52.060 shall only be granted where consistent with the requirements set forth in Chapter 20.64. (Ord. 1744 § 1 (part), 2019)

Short-term rental uses shall meet all local and state regulations. This shall include, but not be limited to, those regulations pertaining to obtaining city and state business and health department licenses, and paying applicable state and local taxes. (Ord. 1744 § 1 (part), 2019)

A city approved short-term rental use shall be in compliance with the standards of Sections 20.52.060 and 20.52.080 at all times, or have been issued a written waiver in accordance with Section 20.52.070; otherwise, the use shall be subject to the enforcement provisions of Section 20.52.110. (Ord. 1744 § 1 (part), 2019)

A short-term rental use approval is issued to a specific party, being either the property owner or authorized tenant residing at the dwelling. If the property owner sells or transfers the real property or the authorized tenant ceases to lease the premises, any new owner or tenant shall be required to apply for and must receive approval of a short-term rental use from the city before using the dwelling as a short-term rental. (Ord. 1744 § 1 (part), 2019)

This chapter may be enforced by any authorized representative of the city including, but not limited to, the chief of police, building inspector, code enforcement officer, zoning administrator, or designee. The city may press charges against the property owner, owner’s agent, authorized tenant, and/or the designated property manager. The first violation of this chapter (per property) shall be punishable by a two hundred fifty dollar fine. The second violation of this chapter (per property) within a twelve-month period shall be punishable as a criminal misdemeanor. Penalties under this section shall be deemed to be separate from any other applicable penalty provisions, including license and tax penalties. (Ord. 1744 § 1 (part), 2019)

Where a lawful use of land exists at the effective date of adoption or amendment of the ordinance codified in this title, which would not be permitted by the regulations imposed by this title, or amendment thereto, the use may be continued so long as it is lawful, subject to the following provisions:

(a)    Expansion of a nonconforming use of land onto other areas of the property may be permitted as a conditional use. The expansion must be on the parcel as it existed at the time the use becomes nonconforming and not onto other parcels.

(b)    If any such nonconforming use of land without buildings is discontinued for a period of more than one year, any subsequent use of such land shall conform to the regulations specified by this title for the district in which such land is located.

(c)    No additional structure not conforming to the requirements of this title shall be erected in connection with such nonconforming use of land. (Ord. 1715 § 1, 2017: Ord. 1002 (Attachment A) (part), 1989)

Where a lawful structure exists at the effective date of adoption or amendment of the ordinance codified in this title that could not be built under the terms of this title by reason of restrictions on area, lot coverage, height, yards, its location on the lot, bulk, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(a)    No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

(b)    Should such nonconforming stricture or nonconforming portion of such structure be damaged or destroyed by any means to the extent that the cost of repairs or reconstruction exceeds sixty percent of the cost of replacement of the structure with new materials, the structure shall not be reconstructed or repaired except in conformity with the provisions of this title.

(c)    Should such structure be damaged to the extent that the cost of repairs is less than or equal to sixty percent of the cost of replacement of the structure using new materials, the structure may be rebuilt to its original configuration and dimensions as that which lawfully existed at the time the damage occurred. Such repair or reconstruction shall commence within one year of the date the structure was damaged.

(d)    Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved. (Ord. 1002 (Attachment A) (part), 1989)

Where a lawful use of individual structures or of a structure and premises combined exists at the effective date of adoption or amendment of this title which would not be permitted by regulations imposed by this title or amendment thereto, the use may be continued so long as it remains otherwise lawful, and subject to the following provisions:

(1)    Existing structures housing a nonconforming use may be enlarged, extended, constructed, reconstructed, moved, or structurally altered for the purpose of changing the use of the structure or a portion thereof to a use permitted in the district in which it is located; provided, that the proposed alterations comply with all other applicable regulations. If only a portion of the structure or premises is to be converted to a permitted use and the remainder will remain as a nonconforming use then any change or alteration to the structure or premises to accommodate the new permitted use will require a conditional use permit.

(2)    Public schools and churches which are or become nonconforming uses are not subject to the restrictions of subsection (1) of this section and enlargement by extension or by construction of additional buildings on the premises for the same purpose is permitted; provided, that all other applicable city regulations are met.

(3)    Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of the ordinance codified in this section. Approval to expand or enlarge a nonconforming use, including the structure housing the use, may be granted by the city council by conditional use permit; provided, that a finding of consistency with the comprehensive plan under Section 20.66.020(1) shall not be required; and provided further, that the city council may require such conditions and safeguards as they deem necessary to diminish the impact of the expansion on the surrounding neighborhood. Any such expansion authorized under this section shall be limited to an expansion on the parcel as it existed on the date the use became nonconforming. Expansion of a nonconforming use onto another parcel(s) is not permitted.

(4)    If no structural alterations are made, any nonconforming use of a structure may, as a conditional use, be changed to another nonconforming use; provided, that the city council shall find that the proposed use is equally appropriate or more appropriate in the district than the existing nonconforming use. In permitting such change, the city council may require such conditions and safeguards as they deem necessary to diminish the impact of the change in use on the surrounding properties.

(5)    Any structure, or structures and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.

(6)    When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for more than one year, the structure or structure and premises in combination shall not thereafter be used except in conformity with the regulations of the district in which it is located.

(7)    When a structure housing a nonconforming residential use is damaged or destroyed by whatever cause, the structure may be repaired or reconstructed to house the use that lawfully existed at the time the damage or destruction occurred; provided, that where the cost of such repair or reconstruction exceeds sixty percent of the cost of replacing the structure using new materials, such repair or reconstruction shall be commenced through filing of a building permit application within one year of the date the structure was damaged or destroyed.

(8)    When a structure housing a nonconforming nonresidential use is damaged or destroyed to the extent that the cost of repair or reconstruction is less than or equal to sixty percent of the cost of replacing the structure using new materials, the structure may be repaired or reconstructed if such repair or reconstruction is commenced through filing of a building permit application within one year of the date of damage or destruction. When a structure housing a nonconforming nonresidential use is damaged or destroyed to the extent that the cost of repair or reconstruction exceeds sixty percent of the cost of replacing the structure using new materials, the structure may only be repaired or reconstructed following approval of a conditional use permit by the city council and where the application for said conditional use permit is submitted to the city within one year of the date of damage or destruction. Notwithstanding any other provision of this chapter, the approval of a conditional use permit under this subsection allowing repair or reconstruction of a structure housing a nonconforming nonresidential use shall not affect the nonconforming status of said nonconforming use.

(9)    Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land unless the structure is reconstructed consistent with the requirements set forth in this section. (Ord. 1715 § 2, 2017: Ord. 1002 (Attachment A) (part), 1989)

On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing; provided, that the cubic content existing when it became nonconforming shall not be increased nor shall such repairs in any way increase its nonconformity. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. (Ord. 1002 (Attachment A) (part), 1989)

Lots of record legally created and existing at the time of adoption of the ordinance codified in this title or amendment thereto that do not meet the minimum area or width requirements of the zone district may be developed with permitted or conditionally permitted uses; provided:

(1)    That the area of the lot is no less than eighty percent of the minimum lot area permitted in the zone district; and

(2)    All other district standards are met; and

(3)    The lot(s) or parcels were created pursuant to applicable state and local subdivision regulations at the time of segregation. (Ord. 1002 (Attachment A) (part), 1989)

Any use which is permitted as a conditional use in a district under the terms of this title shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use. (Ord. 1002 (Attachment A) (part), 1989)

Off-street automobile parking areas and off-street loading areas as hereinafter set forth shall be provided and maintained:

(1)    For any new building or structure erected;

(2)    For additional seating capacity, floor area, or guest rooms or dwelling units added to any existing building or structure. (Ord. 1002 (Attachment A) (part), 1989)

Off-street parking and loading areas which existed on the effective date of the ordinance codified in this chapter or which subsequent thereto are provided for the purpose of complying with the provisions of this code shall be retained and maintained or the equivalent parking and loading areas provided. (Ord. 1002 (Attachment A) (part), 1989)

Off-street parking and loading areas shall be provided on the same lot with the main building or structure or use unless approved in compliance with the provisions of Section 20.56.040 or 20.56.050 (Ord. 1002 (Attachment A) (part), 1989)

The location of off-site facilities in relation to the use served shall be governed by the following provisions:

(1)    Residential Uses. Parking facilities required for dwelling units shall be located on the same property as the use served. Spaces required for other uses allowed in residential zones such as churches may be located on a lot adjacent to or directly across the street or alley from the plot occupied by the use served; but in no case at a distance in excess of three hundred feet from such use;

(2)    Nonresidential Uses. No more than twenty-five percent of the parking spaces required for nonresidential uses may be located on other than the same property as the use to be served (off-site) if a conditional use permit is obtained pursuant to the provisions of Chapter 20.66 and the following standards are met:

(A)    All required parking spaces will be within five hundred feet of the property to be served.

(B)    Off-site parking facilities shall be and remain in the same possession and ownership as the property occupied by the use or building for which the parking facilities are required unless such facilities are shared facilities as provided in Section 20.56.050.

(C)    Nonresidential off-site parking facilities may be located in a residential district, provided all other standards are met.

(3)    The city council in granting a conditional use for a nonresidential off-site parking facility may require a higher standard of screening and landscaping than that required by Section 20.56.080. (Ord. 1002 (Attachment A) (part), 1989)

A parking area may be used for a loading area during those times when the parking area is not needed or used.

The automobile parking space provided by churches, schools and similar places may be made available as a public or private parking lot when the use thereof is not required by the church, school or similar place for which such parking was provided, regardless of the district wherein located, provided the lot is developed as prescribed in this title.

(1)    A parking area may be used for a loading area during those times when the parking area is not needed or used.

(2)    Churches, schools, community centers, and other similar places may share their parking areas with other uses; provided, that:

(A)    The hours of operation of the two or more activities which will be using shared parking do not overlap.

(B)    The number of shared parking spaces does not exceed twenty-five percent of the total number of required parking spaces for the use and the applicant acknowledges in writing that a failure to continuously maintain the total number of spaces required will compel the immediate reduction of the intensity of the use served to the extent necessary to bring it into full conformance with the parking requirements of this chapter.

(C)    An agreement in writing approved by the administrator is executed by the parties and recorded with the county auditor stipulating, at a minimum, the conditions under which the parking is to be shared, the term of the agreement, the conditions under which the agreement can be terminated and a provision for notifying the city in the event of such termination.

(D)    A conditional use permit shall be required pursuant to the provisions of Section 20.56.040, for shared off-street parking facilities which are intended to serve as off-site parking for a nonresidential use. (Ord. 1002 (Attachment A) (part), 1989)

Off-street automobile parking having dimensions not less than as set forth in Figure 1 in Section 20.56.080 for each automobile shall be provided and approved by the zoning administrator in the amounts not less than those listed below:

(Ord. 1733 § 1, 2018: Ord. 1002 (Attachment A) (part), 1989)

Off-street loading space shall be provided in the size and amounts listed below:

(1)    Loading space size of twelve feet wide, twenty feet long, and fourteen feet high minimum dimensions.

(2)    Loading space size of twelve feet wide, thirty feet long and fourteen feet high minimum dimensions.

(Ord. 1002 (Attachment A) (part), 1989)

All parking and loading areas except those for single-family dwellings shall be developed and maintained as follows; provided, that single-family dwellings shall confirm to the surfacing and dimensional requirements established in this section:

(1)    Location on Site. The required yard areas adjacent to a street shall not be used for parking or loading areas and the yards shall be the same as is required for the main building in the district in which the parking area is to be located and such yard area adjacent to a street shall be landscaped with trees, shrubs, grass or evergreen ground cover and maintained in a neat and well-appearing manner; provided, that required front yard areas adjacent to a street may be used for parking for a duplex. The side and rear yards, other than those adjacent to a street, may be used for parking and loading areas when such areas have been developed and are maintained as required by this title.

(2)    Surfacing. All driveways, parking and loading areas shall be paved with asphalt or concrete surfacing and shall be adequately designed, graded and drained as required by the zoning administrator; provided, that in the industrial district gravel parking surfaces may be authorized by the zoning administrator.

(3)    Bumper Guards or Wheel Barriers. Bumper guards and wheel barriers shall be so installed that no portion of a vehicle will project into a public right-of-way or over adjoining property. The area beyond the wheel barriers or bumper guards shall be paved or covered with evergreen ground cover.

(4)    Size of Parking Spaces and Driveways. The parking area, each parking space and driveway shall be of sufficient size and all curves and corners of sufficient radius to permit the safe operation of a standard sized automobile, to-wit:

1.    Parking space: see Figure 1;

2.    Maximum eight percent grade for driveways;

3.    Directional signs and pavement marking shall be used to control vehicle movement in the parking lot.

(5)    Access. All parking or loading areas shall be served with either separate ingress and egress driveways or with an adequate turnaround which is always available and usable. All entrances and exits onto a public right-of-way shall first have the approval of the zoning administrator.

(6)    Fences, Walls and Hedges.

(A)    When the parking or loading area is within any of the residential districts, such area shall be enclosed with a sight-obscuring ornamental fence, wall or hedge, except along an alley;

(B)    When the parking or loading area is adjacent to any of the residential districts, there shall be a sight-obscuring ornamental fence, wall, or hedge between the parking or loading area and the residential district, except along an alley;

(C)    The ornamental fence or wall shall be erected and maintained at a height of at least four feet but not more than seven feet; a compact evergreen hedge shall be not less than three feet. Fences, walls or hedges shall set back from all streets and vision clearance areas the same as if it were a one-story building in the district in which such parking or loading area is located. In yard areas other than those adjacent to a street, the fence may be located on the property line.

(7)    Lighting. Any lighting use to illuminate a parking or loading area shall be so arranged as to be directed entirely onto the loading or parking area, shall be deflected away from any residential use and shall not cast a glare or reflection onto moving vehicles on public right-of-way.

(8)    Plans and Permits. Plans at a workable scale shall be submitted to the zoning administrator for his approval prior to his issuing a permit for a parking or loading area.

Figure 1

*    For two-way circulation the minimum aisle width shall be twenty feet; adequate ingress, egress and turnaround space shall be provided.

No portion of a parking space or aisle shall be located in a required landscaped yard.

(Ord. 1733 § 2, 2018: Ord. 1002 (Attachment A) (part), 1989)

Exemptions from the standard off-street parking requirements set forth in this chapter for developed commercial properties located in the downtown commercial area may be approved by the city council where consistent with the following:

(1)    This section establishes an exemption from the off-street automobile parking space requirements established under Section 20.56.060 and/or the off-street loading space requirements established under Section 20.56.070.

(2)    Exemptions under this section are limited to those properties either fronting on Cherry Street between Boundary Street and Columbia Street or fronting on Garfield Street between Cherry Street and Sumas Avenue that contain an existing primary commercial structure as of the effective date of the ordinance codified in this section.

(3)    Applications for such exemptions shall be submitted and processed as conditional use permit applications pursuant to Chapter 20.66. Such applications shall be submitted using the forms prepared by the city and shall be subject to payment of the application fees established in Chapter 20.108.

(4)    Approval of such an application shall be granted only where the city council finds that the criteria set forth under Section 20.66.020 are met and where the conditions set forth in subsections (5) through (8) of this section are also met.

(5)    The parking exemption shall not apply to properties that do not contain at the time of application a primary commercial structure that was existing as of the effective date of the ordinance codified in this section.

(6)    The parking exemption shall only apply to use of an existing primary structure and shall not apply to the expansion of such structure, such as the expansion of the building footprint or the addition of a second story.

(7)    The parking exemption shall not be applicable to a property where an off-site parking agreement is in place unless the city council specifically authorizes the termination or amendment of said off-site parking agreement.

(8)    The applicant shall demonstrate that the parking exemption is necessitated by a proposed change of use of an existing structure where sufficient space to meet standard parking requirements on the site is not available because the footprint of the structure occupies all or nearly all of the subject property, thereby leaving insufficient additional area available for development of required on-site, off-street parking.

(9)    The city council may establish conditions in relation to any such application to provide mitigation or compensation for all or a portion of the on-site parking that would otherwise be required. (Ord. 1582 § 1, 2011)

The purposes for which the regulations codified in this chapter are adopted include the following:

A.    To enhance the community’s aesthetic character;

B.    To ensure high quality landscaping is utilized throughout the city;

C.    To reduce negative impacts between incompatible uses and districts, especially the impacts on single-family residential uses and districts;

D.    To provide visual screening for necessary and sometimes unsightly elements, such as trash and utility facilities. (Ord. 1745 § 1 (part), 2019)

The requirements set forth in this chapter shall be applicable to all new multifamily developments and to substantial remodeling of any such structure where the cost of the work exceeds fifty percent of the assessed value of the structure. (Ord. 1745 § 1 (part), 2019)

A.    All multifamily development shall provide and maintain landscaping consistent with the requirements set forth in this chapter.

B.    All conditional use permit applications for multifamily development subject to the requirements set forth in this chapter shall include a conceptual landscaping plan substantially in conformance with the requirements set forth herein. The city council may establish conditions of approval related to landscaping as part of the conditional use permit review and approval process.

C.    All building permit applications for structures subject to this chapter shall include a landscaping site plan that conforms to the requirements set forth in this chapter and that incorporates all conditions of approval related to landscaping established by the city council in conjunction with conditional use permit review and approval. The landscaping site plan shall be reviewed by the city building official to ensure conformance with the requirements set forth in this chapter.

D.    Prior to issuance of a certificate of occupancy or prior to final inspection approval if no certificate is required, all landscaping included in the approved landscaping site plan shall be installed to the satisfaction of the building official or bonded at one hundred fifty percent of the estimated cost of all uncompleted work. Any such bond shall be for a maximum period of one year.

E.    Existing trees which will be saved and which meet the minimum specifications herein specified shall count toward meeting the requirements herein, provided they are of an acceptable species as to their location.

F.    The maintenance of all required landscaping shall be a continuing obligation. (Ord. 1745 § 1 (part), 2019)

A.    Professional Quality. All conceptual landscaping plans and landscaping site plans shall be of professional quality and be prepared by a qualified professional unless otherwise allowed by the building official.

B.    Planting Map. All plans shall be drawn to scale and clearly show the location, size, spacing and species of all proposed plantings in relation to the existing and proposed improvements on the site.

C.    Plant Species. Proposed plantings shall include those trees, shrubs and ground covers that are native to the area or that are recognized as being well adapted to survival in this climate.

D.    All landscaping site plans shall include specifications addressing proper planting, irrigation and maintenance.

E.    All plans shall include details regarding proposed site grading and changes to existing topography. (Ord. 1745 § 1 (part), 2019)

A.    Street Trees. One street tree shall be provided for every fifty feet of street frontage abutting the property. Said trees shall be installed adjacent to the right-of-way within the property lines or within the right-of-way subject to the approval of the utilities superintendent.

B.    Front and Side Yards. Landscaping that includes a combination of trees, shrubs and ground covers shall be provided within the front and side yards adjacent to the primary structure to enhance the visual appearance of the site. This may include landscape beds immediately adjacent to the structure, landscape beds separated from the structure, and individual trees planted throughout the yard areas. The city building official shall review all landscape site plans to ensure they will achieve the purpose set forth in this chapter.

C.    Bare ground (areas not covered by buildings, parking areas, landscaping beds, grass or other ornamental landscape features, such as rockeries) shall be avoided.

D.    Sites Adjacent to Single-Family Residence. Any site that directly abuts a property containing a single-family residence shall provide a landscaped buffer along the abutting property line that has a width of three feet to provide screening from the adjacent property.

E.    Sites Adjacent to Single-Family Residential Zones. Any site that directly abuts a property located in a residential zone other than the residential, high-density zone shall provide a landscaped buffer along the abutting property line that has a width of three feet to provide screening from the adjacent property.

F.    Parking Areas. Screening adjacent to required parking areas shall be provided consistent with Chapter 20.56.

G.    Sight Obstructions. Landscaping shall not obstruct clear vision at street corners or driveway entrances.

H.    Refuse and Outdoor Storage Areas. Garbage and recycling receptacle areas shall be screened on at least two sides, including being screened from the adjacent public street. Such screening may be provided through a combination of landscaping or other enclosure. Screening shall also be provided adjacent to outdoor storage areas. (Ord. 1745 § 1 (part), 2019)

A.    Street trees shall be a minimum of six feet in height at the time of planting and shall include those species that are acceptable to the utilities superintendent.

B.    Other landscape trees shall be a minimum of four feet in height at the time of planting.

C.    Staking. All trees over eight feet high should be securely staked or guyed until the roots become established but in no case less than one year.

D.    Mulching. All planting areas shall be mulched at the time of planting.

E.    Irrigation and Drainage. Provisions should be taken to ensure that all landscape beds have proper irrigation and drainage. (Ord. 1745 § 1 (part), 2019)

In addition to standards for sign placement found in the district regulations the following standards shall apply to the placement of signs in the city. (Ord. 1002 (Attachment A) (part), 1989)

It is illegal for a property owner, within the city limits, to locate or allow the location of any sign whatsoever upon the real property owned by such property owner, which sign does not relate directly or indirectly to the needs or business of the real property upon which the sign is located. (Ord. 1002 (Attachment A) (part), 1989)

Political signs may be erected by a property owner upon the property owner’s real property. Such sign shall be allowed until seven days after the final election. The city shall retain all right of removal as set by Section 20.58.050. (Ord. 1002 (Attachment A) (part), 1989)

Sandwich board signs may be erected in front of commercial establishments as long as they meet the following criteria:

(1)    Sandwich board signs will be allowed on eight foot or larger sidewalks only;

(2)    The maximum allowable size will be thirty inches wide by forty-eight inches tall;

(3)    The signs will not be out near the curbs, but rather kept as close as possible to the buildings. (Ord. 1002 (Attachment A) (part), 1989)

Any property owner who erects or allows the erection of a sign upon such property owner’s real property in violation of this chapter shall, within fifteen days of written notice inform the appropriate city official of violation of this chapter, remove said sign. If a property owner, in violation of this chapter fails to remove the sign within the fifteen-day period, the city is authorized to enter upon the property owner’s property and remove the sign, and shall charge the violating property owner a reasonable cost incurred by the city in removing the sign, and the city shall be authorized to dispose of the sign in such a manner that the city deems appropriate. The right of removal of the city encompassed herein shall include the right of the city to destroy the sign. (Ord. 1002 (Attachment A) (part), 1989)

The provisions of this chapter shall apply to the development of all mobile home parks in the city and shall be in addition to any standards of the zone district in which the park is to be located. Where the standards of the underlying zone district conflict with these standards, the more restrictive shall apply. (Ord. 1002 (Attachment A) (part), 1989)

Notwithstanding any other provision of this title, mobile home parks may only be authorized as a conditional use in the manner set forth in Chapter 20.66 and only in these districts where the use is so designated. (Ord. 1002 (Attachment A) (part), 1989)

Mobile home parks shall meet and comply with the following general standards and regulations:

(1)    Density. Mobile home parks shall not exceed a maximum density of seven mobile homes per gross acre.

(2)    Yards. Mobile homes or accessory buildings shall be located no closer than thirty-five feet from the front property lines, nor closer than twenty feet from the side or rear property line. However, if the side or rear property line abuts an arterial street, the minimum side or rear yard shall be thirty-five feet in width.

(3)    Streets. The design and construction of the interior street system shall be sufficient to adequately serve the size and density of the development and shall comply with the following standards:

(A)    All streets shall be paved with asphaltic material or concrete to a width of not less than twenty feet.

(B)    The design and construction of the interior street system shall be approved by the city utilities superintendent.

(C)    If the interior streets are to be named and street addresses assigned to the individual mobile home spaces, the street names and addresses shall be assigned in accordance with the city street name and numbering system.

(D)    Parking on interior streets shall not be permitted unless the pavement width is thirty-five feet minimum.

(4)    Walkways. Hard-surfaced, well-drained walkways of not less than thirty inches in width shall be provided such that each mobile home space has access to service buildings and recreation areas via the walkway system.

Sidewalks along the interior roads meeting the width and surfacing requirements of this section qualify as walkways.

(5)    Recreation and Open Space. At least ten percent of the gross land area of the mobile home park shall be reserved for recreational and open space uses. This figure shall be in addition to any open space requirement of yards or any other provisions of this chapter. A portion of the open space not less than a contiguous two thousand five hundred square feet shall be set aside and separated from streets, driveways and parking areas as a play area suitable for the use of children.

(6)    Buffering and Screening. A landscaped buffer area shall be maintained around the outer boundaries of the mobile home park. The buffer area shall be not less than twenty feet in width and shall be located along all park boundaries. Existing vegetation may be incorporated into the landscape scheme if appropriate. The amount and types of plant material shall be approved by the city council.

In addition to the landscaped buffer, the city council may require that a fence or wall be constructed along any or all sides of the park to mitigate the impact of the development on surrounding properties and uses.

(7)    Signs. One sign per main entrance not more than four feet in height is permitted. The sign may be indirectly lit and shall be erected on private property in the mobile home park near the main entrance(s) The message shall be limited to the name of the mobile home park and whether there is space available to rent.

(8)    Park Use. Mobile home parks shall accommodate only mobile homes and not vacation trailers unless the zone district in which the park is to be located also allows recreational vehicle parks. In that event, the city council may authorize mixed mobile home/recreational vehicle use of the park. (Ord. 1002 (Attachment A) (part), 1989)

Each lot or space for a mobile home within a mobile home park shall conform to the requirements of this section.

(1)    Minimum Area. Mobile home lots shall not be less than two thousand five hundred square feet in area. The average area of all mobile home lots shall be three thousand square feet. No yard area, driveway, street, play area, service area or other area required by this title shall be considered as providing any part of the required mobile home space.

(2)    Minimum Width and Depth. The minimum width of each mobile home lot shall be thirty feet and the mini mum depth shall be eighty feet. The minimum width on corner lots shall be fifty feet.

(3)    Minimum Clearances. Exclusive of trailer tongues, which shall not project beyond the mobile home space, the minimum clearances between a mobile home and:

(A)    Any other mobile home shall be fifteen feet;

(B)    Any building, except when attached to the mobile home, shall be ten feet;

(C)    Any exterior property line shall be twenty feet;

(D)    Any public street shall be thirty-five feet;

(E)    Any common driveway or common walk shall be five feet.

(4)    Parking. Each mobile home space shall be provided with a driveway to accommodate off-street parking for two vehicles.

(5)    Coverage. Not more than forty percent of a mobile home space may be covered by a mobile home and any other structures used in conjunction with the mobile home whether or not they are attached.

(6)    Patio. Each mobile home space shall have a slab or patio of concrete, asphalt or flagstone or similar sub stance not less than twenty feet in length and six feet in width adjacent to each mobile home parking site.

(7)    Boundaries of Space. The boundaries of each mobile home space shall be clearly defined and marked by a fence, planting or other suitable means approved by the city council; or by clearly visible, permanent markers at each corner of the space.

(8)    Addition to Mobile Homes. Carports, and all other structures which are situated upon a mobile home space, shall conform to the requirements of city building code and Whatcom County health department regulations. Such additions and structures shall be considered as a portion of the mobile home for determining the extent of lot coverage, setback lines and all other requirements for mobile homes in like manner as if such additions and structures were a part of such mobile home. (Ord. 1002 (Attachment A) (part), 1989)

Mobile home park utility services and other services shall conform with the following requirements:

(1)    Water Service. A water supply and distribution system shall be installed and maintained in conformance with the Whatcom County health department standards. Each mobile home space shall be served by this system and each mobile home shall be connected to the system.

(2)    Sewage Disposal System A sewage disposal system shall be installed and maintained in conformance with the Whatcom County health department standards. Each mobile home space shall be served by this system and each mobile home shall be connected to the system.

Storm Drainage. Within each mobile home park storm drainage shall be provided in accordance with the following requirements:

(A)    All areas of a mobile home park shall be graded in a manner so that there will be no areas of standing water at any time during the year unless such area is identified in the drainage plan as part of the on-site drainage system. Grading shall not obstruct the natural drainage of surrounding properties.

(B)    Open drainage ditches are prohibited. All drainage systems shall be designed in accordance with city standards and approved by the utilities superintendent.

(3)    Electrical Supply System. An underground electrical supply system shall be installed and maintained in conformance with applicable local and state regulations. Electrical service shall be available to every space.

(4)    Lighting. All interior roadways and walkways shall be adequately lit at night.

(5)    Other Utility Services. Other utility service such as natural gas, television cable, or telephone if provided shall be installed and maintained in conformance with all applicable local and state regulations. Such utilities shall be installed underground unless otherwise approved by the city council. (Ord. 1002 (Attachment A) (part), 1989)

The expansion or alteration of existing mobile home parks may be authorized as a conditional use whether or not the park is a conforming use at its present location. Application shall be made and processed in the manner set forth for conditional uses in Chapter 20.66. The city council in granting approval of the conditional use for the expansion or alteration may require that any or all of those portions of the existing park which do not meet the mini mum standards of this chapter, or any other applicable standards of this title, be made to comply with those standards. (Ord. 1002 (Attachment A) (part), 1989)

A mobile home park shall not be less than five acres in size, nor be of such a scale and/or design to be a predominant view from surrounding properties. (Ord. 1175 § 4, 1996)

The provisions of this chapter shall apply to all recreational vehicle parks and recreational vehicle campgrounds in the city and shall be in addition to any standards of the zone district in which such facility is to be located. Where the standards of the underlying zone district are in conflict with these standards, the more restrictive shall apply. (Ord. 1002 (Attachment A) (part), 1989)

Notwithstanding any other provision of this title, recreational vehicle parks and recreational vehicle campgrounds may only be authorized as a conditional use in the manner set forth in Chapter 20.66 and only in those districts where the use is so designated. (Ord. 1002 (Attachment A) (part), 1989)

All recreational vehicle parks and recreational vehicle campgrounds, unless otherwise noted, shall comply with the following standards and regulations:

(1)    Minimum Area. The minimum area of recreational vehicle parks and recreational vehicle campgrounds shall be fifty thousand square feet.

(2)    Maximum Density. The maximum gross density allowed shall be one recreational vehicle space per one thousand square feet of land area for recreational vehicle parks and one recreational vehicle space per one thousand square feet of land area for recreational vehicle campgrounds.

(3)    Yards and Setbacks. All recreational vehicles or accessory buildings shall be located no closer than thirty-five feet from the front property line, nor closer than twenty feet from the side or rear property line. Recreational vehicles shall be set back five feet from interior roads.

(4)    Streets. Interior private streets shall observe the following minimums:

(A)    Twelve feet of width per each travel lane and eight feet of width per each parking lane.

(B)    Improvement with bituminous surface treatment (BST) in accordance with the specifications of the city engineer. In addition, all streets shall be well-drained, well lighted, and continuously maintained in operable condition.

(5)    Walkways. Where determined to be necessary by the city council, pedestrian walkways meeting ADA standards shall be provided from the recreational vehicle spaces to all service buildings and facilities, refuse collection area, and recreation areas. The walkways shall be hard-surfaced, well-drained and well lighted.

(6)    Recreation Facilities. No less than eight percent of the total site area shall be provided as defined recreational space. The recreational space shall be easily accessible and shall be improved and maintained in such a manner so as to provide adequate recreational facilities for the residents of the recreational vehicle park or recreational vehicle campground; provided, that the city council may waive the recreational space requirement for recreational vehicle campgrounds if it is determined that recreational facilities located adjacent or in close proximity to the site of the proposed recreational vehicle campground provide sufficient recreational opportunities for the campground patrons.

(7)    Landscaping and Buffering. A landscaped buffer area shall be maintained around the outer boundaries of recreational vehicle parks and recreational vehicle campgrounds. The buffer area shall be not less than twenty feet in width and shall be located along all park boundaries.

Existing vegetation may be incorporated into the landscape scheme if appropriate. The amount and types of plant material shall be approved by the city council. In addition to the landscaped buffer, the city council may require that a fence or wall be constructed along any or all sides of the facility to mitigate the impact of the development on surrounding properties and uses. A landscape plan for the interior grounds of the facility shall be submitted and approved by the city council.

(8)    Signs. One sign per main entrance not more than fourteen feet in height is permitted. The sign may be indirectly lit and shall be erected on the premises near the main entrance(s). The message shall be limited to the name of the facility and whether there are spaces available.

(9)    Limits of Stay. Limits on the length of stay in facilities subject to the provisions of this title are as follows:

(A)    Except where allowed pursuant to subsection (9)(C) of this section, no recreational vehicle shall remain in a recreational vehicle park for more than a total of one hundred twenty days in any one-year period.

(B)    No recreational vehicle or tent shall remain in a recreational vehicle campground for more than a total of twenty-one days in any one-year period.

(C)    At any given time, no more than two-thirds of the total number of recreational vehicle spaces in a recreational vehicle park may be utilized for extended stays where a recreational vehicle may remain in place beyond the time limit established under subsection (9)(A) of this section. Authorization to allow extended stay spaces shall require approval of a conditional use permit pursuant to Section 20.48.030 and compliance with Section 20.62.035.

(10)    Campfires. Campfires shall be allowed only in recreational vehicle campgrounds; provided, that the campfire sites and/or structures for the containment of the campfire shall be approved in advance by the city fire marshal.

(11)    Licensing. All recreational vehicles staying within a recreational vehicle park and recreational vehicle campground shall be maintained in fully operable driving condition, shall have a current vehicle registration and shall be validly licensed for operation upon the highways of this state.

(12)    Registry Log. The owner of each recreational vehicle park and each recreational vehicle campground shall maintain a daily registry log specifically identifying each recreational vehicle and tent in the park or campground and documenting the dates each recreational vehicle or tent remains therein. In addition to any other purpose, this registry log is intended to assist the city in monitoring the length of stay of each recreational vehicle or tent located in a recreational vehicle park or recreational vehicle campground. A true and accurate copy of the registry log shall be submitted to the city on or before the tenth day of each month for the preceding month.

(13)    Subletting Prohibited. The owner of each recreational vehicle park and each recreational vehicle campground shall contract directly with the occupants and/or tenants staying in the park or campground. Occupants and/or tenants shall not assign or sublet any right or interest they have for the use of any portion of a recreational vehicle park or recreational vehicle campground and shall not assign or sublet any portion of any space they are renting, leasing or that they otherwise have the use of. (Ord. 1704 § 3, 2017: Ord. 1002 (Attachment A) (part), 1989)

Where authorized through approval of a conditional use permit, recreational vehicle parks including extended stay spaces as allowed under Section 20.62.030(9)(C) shall only be authorized where the owner or manager of the recreational vehicle park complies with the following standards and requirements:

(1)    Maximum Number of Extended Stay Spaces. At any given time, no more than two-thirds of the total number of spaces in a recreational vehicle park may be utilized for extended stays.

(2)    Extended Stay Log. In addition to the information to be included in the registry log as required by Section 20.62.030(12), the registry log shall identify the total number of days each recreational vehicle has remained in place in each space within the preceding one-year period, the specific spaces that are being utilized for extended stays, and the total number of spaces being used for extended stays. Said log shall be accompanied by a map showing the locations of all spaces being utilized for extended stays.

(3)    Reporting. On a monthly basis and within the first ten days of each month, the owner or manager of the recreational vehicle park shall provide a true and accurate copy of the registry log, including the additional information required by this section, to the city.

(4)    Compliance. If at any time the city determines that the number of spaces in the recreational vehicle park being utilized for extended stays exceeds the number allowed by this chapter, the city shall provide written notification of noncompliance to the park owner or manager or both. The owner or manager of the park shall bring the park into compliance with the extended stay requirements set forth in this chapter within thirty days of receipt of the notification of noncompliance from the city.

(5)    Enforcement. If the owner or manager of the recreational vehicle park does not bring the park into compliance with the extended stay requirements set forth in this chapter within the time frame set forth herein, the city may take enforcement action, which may include, but is not limited to, revocation of the park’s conditional use permit, enactment of civil penalties, or other action allowed by law. (Ord. 1704 § 4, 2017)

Individual recreational vehicle/tent spaces in recreational vehicle parks and recreational vehicle campgrounds shall comply with the following standards and restrictions:

(1)    Minimum Width. Each recreational vehicle space in a recreational vehicle park shall have a minimum width of twenty feet. Each recreational vehicle space in a recreational campground shall have a minimum width of twenty feet.

(2)    Minimum Clearances. There shall be a minimum side-to-side clearance of eight feet between units and a minimum end-to-end clearance of ten feet between units.

(3)    Off-street Parking. A minimum of one off-street parking space shall be required for each recreational vehicle space. It shall be located within the recreational vehicle space. In addition, one off-street parking space per each three recreational vehicle spaces shall be required for guest parking. The guest parking spaces shall be grouped and distributed evenly throughout the park.

(4)    Space Identification. All recreational vehicle spaces shall be well-marked and numbered. (Ord. 1002 (Attachment A) (part), 1989)

The following requirements for utilities shall apply:

(1)    Water Supply. A water supply system shall be provided in the recreational vehicle park for each recreational vehicle space designed to accommodate the park user occupying a self-contained recreational vehicle or a dependent recreational vehicle and shall be connected to a public water supply system. The water system for a recreational vehicle park shall be constructed and maintained in accordance with all applicable state and local codes and regulations.

(2)    Watering Stations. Each recreational vehicle park shall be provided with two easily accessible water supply outlets for filling recreational vehicle water storage tanks.

(3)    Sewage Disposal System. An adequate and safe sewage disposal system shall be provided in a recreational vehicle park for each recreational vehicle space designed to accommodate the park user occupying a self-contained recreational vehicle or a dependent recreational vehicle and shall be connected to public sewerage system. The sewage disposal system in a recreational vehicle park shall be constructed and maintained in accordance with all applicable state and local codes and regulations.

(4)    Sanitary Stations. Each recreational vehicle park shall be provided with sanitary dumping stations in the ratio of one for every one hundred recreational vehicle spaces or fractional part thereof. Sanitary stations shall consist of at least a trapped four-inch sewer riser pipe connected to the sewage disposal system and surrounded at the inlet end by a concrete apron sloped to the drain and provided with a suitable hinged cover; and a water outlet with the necessary appurtenance connected to the water supply system to permit periodic washdown of the immediate adjacent areas. A sign shall be posted near the water outlet indicating that this water is for flushing and cleaning purposes only. Sanitary stations shall be screened from other activities by a visual barrier such as fences, walls, or natural growth and shall be separated from any recreational vehicle space by a distance of not less than fifty feet.

(5)    Electrical Supply System. Each recreational vehicle park shall be provided with an underground electrical system which shall be installed and maintained in accordance with all applicable state and local codes and regulations.

(6)    Other Utility Systems. If other utility systems such as natural gas, television cable, or telephone are installed in a recreational vehicle park, such installation shall be in accordance with state and local codes and regulations.

(7)    Solid Waste Disposal. The storage, collection and disposal of solid waste in recreational vehicle parks shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, or accident of fire hazards.

Individual or grouped refuse containers must be screened from view except on collection day. (Ord. 1002 (Attachment A) (part), 1989)

The following requirements for utilities shall apply in recreational vehicle campgrounds:

(1)    Water Supply System. An accessible, adequate, safe and potable water supply system shall be provided in the recreational vehicle campground and it shall be designed so as to accommodate convenient use by campground users.

Connections shall be made to a public water supply system. If individual water service connections are not provided to each recreational vehicle space, then water shall be available within two hundred feet of every recreational vehicle space.

(2)    Watering Stations. Each recreational vehicle campground shall be provided with two or more easily accessible water supply outlets for filling recreational vehicle water storage tanks.

(3)    Sewage Disposal System. An adequate and safe sewage disposal system shall be provided in the recreational vehicle campground and it shall be designed to accommodate convenient use by the campground users. Where possible, the sewage disposal system shall be connected to a public sewerage system. If connection to a public sewerage system is not feasible, then a sewage disposal system for the recreational campground shall be constructed and maintained in accordance with all applicable state and local codes and regulations.

(4)    Wastewater Disposal Facilities. A wastewater disposal facility shall be provided within one hundred feet of all recreational vehicle spaces which do not have individual sewer connections.

(5)    Sanitary Stations. Each recreational vehicle campground shall be provided with sanitary dumping stations in the ratio of one for every one hundred recreational vehicle spaces or fractional part thereof. Sanitary stations shall consist of at least a trapped four-inch riser pipe connected to the sewage disposal system and surrounded at the inlet and by a concrete apron sloped to the drain and provided with a suitable hinged cover; and a water outlet with the necessary appurtenance connected to the water supply system to permit periodic washdown of the immediate adjacent areas. A sign shall be posted near the water outlet indicating that this water is for flushing and cleaning purposes only. Sanitary stations shall be screened from other activities by a visual barrier such as fences, walls or natural growth and shall be separated from any recreational vehicle space by a distance of not less than fifty feet.

(6)    Electrical Supply System. Each recreational vehicle campground shall be provided with an electrical supply system adequate to supply electricity to provide lighting to all streets, walkways, and service buildings within the campground. If electrical service is provided to individual recreational vehicle spaces, the electrical supply system shall be installed and maintained in accordance with all applicable state and local codes and regulations.

(7)    Other Utility Systems. If other utility systems such as natural gas, television cable, or telephone are installed in a recreational vehicle campground, such installation shall be in accordance with state and local codes and regulations.

(8)    Solid Waste Disposal. The storage, collection and disposal of solid waste in recreational vehicle campgrounds shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, or accident of fire hazards. Individual or grouped refuse containers must be screened from view except on collection day. (Ord. 1704 § 5, 2017: Ord. 1002 (Attachment A) (part), 1989)

Notwithstanding any other provision of this title, all recreational vehicle parks and recreational vehicle camp grounds shall comply with rules and regulations of the Washington State Board of Health. Where the provisions of this title conflict with Health Board rules and regulations, the more restrictive provision shall apply. (Ord. 1002 (Attachment A) (part), 1989)

The expansion or alteration of existing recreational vehicle parks and recreational vehicle campgrounds may be authorized as a conditional use whether or not the park or campground is a conforming use at its present location. Application shall be made and processed in the manner set forth for conditional uses in Chapter 20.66. The city council in granting approval of the conditional use for the expansion and/or alteration may require that any or all of those portions of the existing park or campground which do not meet the minimum standards of this chapter, or other applicable standards of this title, be made to comply with those standards. (Ord. 1002 (Attachment A) (part), 1989)

(a)    The city council shall have authority to grant a variance from the provisions of this title when the council finds that the variance request satisfies the criteria set forth in Section 20.64.020.

(b)    An application for a variance may be submitted for modification of any term or requirement of this title except for the following:

(1)    To allow a use not generally permitted or conditionally permitted in the district in which the property is located.

(2)    To authorize a permitted use upon less site area than what is specified as the minimum site area.

(3)    Modification of any of the definitions contained in this title. (Ord. 1002 (Attachment A) (part), 1989)

Before any variance may be granted, the city council shall find that the following criteria are satisfied:

(a)    That approval of the variance will not constitute a grant of special privilege, be based upon reasons of hardship caused by previous actions of the property owner, nor be granted for pecuniary reasons alone;

(b)    That because of special circumstances applicable to the subject property, including size, shape, topography, location or surrounding, the strict application of the zoning ordinance is found to cause a hardship and deprive the subject property of a use or improvement otherwise allowed in the identical zone classification. Aesthetical considerations or design preferences without reference to restrictions based upon the physical characteristics of the property do not constitute hardship under this section;

(c)    That the approval of the variance will not be materially detrimental to the public welfare, or injurious to the property or improvements in the vicinity and zone in which the subject property is situated. (Ord. 1002 (Attachment A) (part), 1989)

(a)    The city council shall prescribe the form to be used for variance requests. The council may prepare or cause to be prepared, application forms for such purpose and prescribe the type of information to be provided. Thereafter all applications shall be made using the prescribed form.

(b)    A filing fee as established in Chapter 20.108 is to be paid to the city clerk-treasurer at the time of application. The fee is nonrefundable.

(c)    A complete application consists of the following:

(1)    An application. form with all required information;

(2)    Payment of filing fee.

No application shall be accepted unless it is complete. (Ord. 1176 § 63, 1996; Ord. 1002 (Attachment A) (part), 1989)

An application for a variance shall be processed as a Class III action pursuant to the provisions of Chapter 20.08 of this code. (Ord. 1176 § 21, 1996: Ord. 1002 (Attachment A) (part), 1989)

After receiving all testimony concerning the variance request, the city council shall render a decision based on the criteria set forth in Section 20.64.020. As a condition of approval, the council may impose such conditions as it deems appropriate and necessary for the protection of the surrounding properties of the neighborhood or general welfare of the public.

An authorized variance shall be void after the expiration of one year from the date of authorization unless either construction has been completed or there is a valid building permit in force in conformance with the variance as authorized. (Ord. 1002 (Attachment A) (part), 1989)

Any person aggrieved by an action of the city council in granting or rescinding a variance may seek review by a court of record of such decision in the manner provided by the laws of the state of Washington. (Ord. 1002 (Attachment A) (part), 1989)

(a)    The city council shall have the authority to grant a conditional use permit for uses classified as conditional uses by this title when the council finds that the conditional use permit request satisfies the criteria set forth in Section 20.66.020.

(b)    The city council shall also have the authority to grant a conditional use permit to change one nonconforming use to another, as authorized by Section 20.54.030(3), when the council finds, that in addition to the criteria set forth in Section 20.54.030(3), the conditional use permit request satisfies all the criteria set forth in Section 20.66.020 with the exception of subdivision (1) relating to conformance with the comprehensive plan.

(c)    In granting a conditional use permit, the council shall not waive or reduce the minimum requirements of this ordinance or any other ordinance of the city, unless upon proper variance petition.

(d)    Any conditional use permit that is issued, shall certify the location, nature, and extent of the use, together with all conditions that are imposed and any other information deemed necessary for the issuance of the permit. A copy of this permit shall be kept on file and if at any time after implementation of the permit it is found that the property no longer complies with conditions therein specified, then the owner shall be declared in violation of this title and shall be subject to its penalties.

(e)    Conditional use permits shall expire twelve months after the issuance of such permit unless construction or establishment of the use has commenced. The council may extend the expiration date by twelve months if the applicant can clearly demonstrate that the permit will be activated in that time.

(f)    An application for a conditional use permit at a particular location and site which has been denied in whole or part shall not be resubmitted for a period of two years from the date of such denial. Provided, a conditional use application may be resubmitted if it is “sufficiently different” from the original application.

A resubmitted application is “sufficiently different” when one of the following occurs:

(1)    The application is for a different use on the same site or for the same use on a different site provided that the site is not in the immediate vicinity of the previous site unless one of the other criteria apply;

(2)    The site area on a square foot basis has enlarged or decreased by at least fifty percent;

(3)    If the use has remained the same; when the floor area on a square foot basis of all structures on the site has decreased by at least fifty percent;

(4)    The application satisfactorily addresses concerns identified by the city council at the public hearing(s) preceding the denial of the permit in whole or in part. (Ord. 1176 § 22,1996; Ord. 1002 (Attachment A) (part), 1989)

Before approving a conditional use permit, the city council shall find that the applicable standards of the use district are met by the proposal and shall also find that the proposed conditional use at the location specified in the application will:

(1)    Be harmonious and in accordance with the general policies and specific objectives of the city comprehensive plan; .

(2)    Be designed to be compatible with the essential character of the neighborhood and not be hazardous or disturbing to persons, property or existing neighboring uses;

(3)    Be adequately served by public facilities and utilities including drainage facilities;

(4)    Not create excessive vehicular congestion on neighborhood collector or residential access streets;

(5)    Not create conditions substantially detrimental to persons, property or neighboring uses by reason of the production of excessive amounts of traffic, noise, smoke, fumes, glare, electrical interference, mechanical vibration or odor;

(6)    Not result in the destruction, loss, or damage to any natural, scenic, or historic feature of major consequence. (Ord. 1002 (Attachment A) (part), 1989)

(a)    The city council shall prescribe the form to be used for conditional use applications. The council may prepare or cause to be prepared application forms for such purpose and prescribe the type of information and plans to be provided. Thereafter all applications shall be made using the prescribed application form.

(b)    An application fee as established in Chapter 20.108 is to be paid to the city clerk-treasurer at the time of application. The fee is nonrefundable.

(c)    A completed SEPA checklist must accompany all conditional use applications.

(d)    A complete application submittal consists of the following:

(1)    Application form with required information and plans;

(2)    SEPA checklist;

(3)    Fee payment.

No application shall be accepted unless it is complete and complies with all submittal requirements. (Ord. 1176 § 62, 1996; Ord. 1002 (Attachment A) (part), 1989)

An application for a conditional use permit shall be processed as a Class III action pursuant to the provisions of Chapter 20.08 of this code. (Ord. 1176 § 23, 1996: Ord. 1002 (Attachment A) (part), 1989)

After receiving all testimony concerning the proposed conditional use, the city council shall render a decision based on the criteria set forth in Section 20.66.020 and such other criteria as may apply. As a condition of approval, the council may impose such conditions as it deems appropriate and necessary for the protection of the surrounding properties of the neighborhood or general welfare of the public. (Ord. 1002 (Attachment A) (part), 1989)

Any person aggrieved by an action of the city council in granting, denying, or rescinding a conditional use permit may seek review by a court of record of such decision in the manner proved by the laws of the state of Washington. (Ord. 1002 (Attachment A) (part), 1989)

The city council may by ordinance, after receipt of a recommendation by the planning commission, and subject to the procedure set forth herein, amend, supplement, change or repeal the regulations, restrictions, and boundaries or classification of property. (Ord. 1002 (Attachment A) (part), 1989)

(a)    The city council may by resolution, initiate the procedure to amend this tide. Amendments so initiated may be for the purpose of amending, supplementing, changing or repealing any provisions of this title including the bound aries of the zone districts and the zone classification of any property within the city; provided, however, that changes to the zone classification of property and to the boundaries of zone districts shall only be initiated on an area-wide basis to implement new city policies.

(b)    Upon the adoption of a resolution by the city council to initiate an amendment, the resolution shall be referred to the planning commission who shall schedule a public hearing in the manner set forth in Section 20.08.120 for the purpose of receiving public comment on the proposed amendment(s).

(c)    After the public hearing(s) have been concluded, the planning commission shall make a recommendation to the city council which may be a recommendation for approval, denial or approval with modifications. (Ord. 1176 § 24, 1996: Ord. 1002 (Attachment A) (part), 1989)

(a)    The planning commission may by motion, initiate the procedure to amend this title. Amendments so initiated may be for the purpose of amending, supplementing, changing or repealing any provisions of this title including the boundaries of the zone districts and the zone classification of any property within the city; provided, however, that changes to the zone classification of property and to the boundaries of zone districts shall only be initiated on an area-wide basis to implement new city policies.

(b)    Upon approval of the motion, the planning commission shall schedule a public hearing in the manner set forth in Section 20.08.120 for the purpose of receiving public comment of the proposed amendment(s).

(c)    After the public hearing(s) has been concluded, the planning commission may submit the proposed zone change to the city council together with their recommendation. (Ord. 1176 § 25, 1996: Ord. 1002 (Attachment A) (part), 1989)

(a)    Property owners or persons purchasing property under contract, when they state in writing that they are purchasing the property under contract, may file an application to change the zoning classification of property or properties owned or being purchased by them. Amendments initiated by application shall be limited to amendments whose purpose is to change the zone designation of property from one classification to another and to those text amendments, if any, that are necessary to accomplish the change in classification.

If a text amendment, other than that necessary as part of a zoning reclassification, is desired, it shall be processed pursuant to the provisions of Section 20.08.180.

(b)    An application for a zone change under this section shall be processed as a Class III action pursuant to the provisions of Chapter 20.08 of this code.

(c)    The planning commission shall review each owner initiated application for zone change and shall prepare a report setting forth a summary of the facts and conditions involved in the zone change request and shall submit the same, together with its recommendation, to the city council. The recommendation to the city council on the proposed zone change may be for approval, denial, or approval with modifications. The report and recommendation shall be provided to the city council prior to any public hearing held by the city council. (Ord. 1176 § 26, 1996: Ord. 1002 (Attachment A) (part), 1989)

(a)    All applications for a zone change amendment shall be submitted in writing and contain the following information:

(1)    Name, address, and phone number of applicant;

(2)    Description of the proposed zone change including present use, present zone district classification, proposed use and proposed zone district classification;

(3)    A vicinity map at a scale approved by the administrator showing the affected area, and property lines, streets, existing and proposed zoning and such other items as the administrator may require;

(4)    A petition signed by the owners of at least fifty percent of the area proposed for the zone change showing the percentage of the area owned by each signator; and

(5)    A statement on how the proposed amendment relates to the comprehensive plan.

(b)    An application fee as established in Chapter 20.108 is to be paid to the city clerk-treasurer at the time of application. The fee is nonrefundable.

(c)    A completed SEPA checklist must accompany the zone change application.

(d)    A complete application consists of the following:

(1)    Application with required information including vicinity map and petition;

(2)    SEPA checklist;

(3)    Fee payment. (Ord. 1176 §§ 27, 61, 1996; Ord. 1002 (Attachment A) (part), 1989)

The city council may hold a public hearing on any proposed amendments to this title. The hearing shall be held in the manner provided by Section 20.08.120. All amendments to this title including changes in zone classification shall be by ordinance. A denial by the city council shall be by resolution. Whenever any premises are reclassified as to zone district or a new zone district is established or the boundaries of a zone district changed, the official zoning map shall be changed as provided in Section 20.10.030. (Ord. 1176 § 28,1996: Ord. 1002 (Attachment A) (part), 1989)

Upon a finding by the city council that the public health, safety, welfare, or peace is at risk and that an emergency exists, the city council may enact an emergency amendment to this title, without public hearing, in the manner set forth for ordinances not requiring a public hearing; provided that any emergency amendment so enacted shall expire no later than one hundred eighty days after its effective date unless adopted in the manner set forth in this chapter. (Ord. 1002 (Attachment A) (part), 1989)

It is the intent of this title that all questions of interpretation and enforcement shall be first presented to the zoning administrator, and that such questions shall be presented to the city council only on appeal from the decision of the zoning administrator, pursuant to the provisions of Section 20.08.150. Recourse from the decision of the city council shall be to the courts as provided under Section 20.08.160. (Ord. 1176 § 30,1996: Ord. 1002 (Attachment A) (part), 1989)

(a)    Violation of the provisions of this title or failure to comply with any of its requirements shall constitute a misdemeanor. Any person who violates this title or fails to comply with any of its requirements shall upon conviction thereof be fined not more than five hundred dollars or imprisonment for not more than six months, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.

(b)    The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

(c)    Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 1002 (Attachment A) (part), 1989)

When consistent with the context, words used in the present tense shall include the future; the singular shall include the plural, and the plural the singular. (Ord. 1002 (Attachment A) (part), 1989)

(a)    The word “shall” means mandatory.

(b)    The word “should” means that which is recommended but not absolutely required.

(c)    The word “may” is permissive.

(d)    The word “building” includes “structure.” (Ord. 1002 (Attachment A) (part), 1989)

For the purposes of this title, certain words and terms shall be interpreted as follows:

“Accessory building” means a separate and subordinate structure the use of which is incidental to that of the main building located on the same lot.

“Accessory use” means a use accessory to any permitted use and customarily a part of such use, which use is clearly incidental, subordinate and secondary to the permitted use and which does not change the character thereof.

Affected Area. As applied to petitions, applications, or proceedings for a reclassification of property from one district to another “affected area” shall be deemed to include the area bounded by lines three hundred feet from and parallel to the boundaries of the area to be reclassified including the width of all streets and alleys in such affected area; however, in the event that all of the property within a single ownership is not included in the area to be changed, the boundary of the affected area shall be measured from the property line and not from the boundary to be changed. The affected area shall also include the premises to be reclassified.

Alteration, Structural. “Structural alteration” means any change or repair which would affect or materially change a supporting member of a building such as a bearing wall, column, beam, or girder.

“Average grade” means the average of the natural existing topography of the portion of the lot or parcel of a tract of real property which will be directly under the proposed building or structure. Calculation of the average grade shall be made by averaging the elevations at the center of all exterior walls of the proposed building or structure.

“Boarding house” means a building or portion thereof used for the purpose of providing meals or meals and lodging for pay or compensation of any kind to persons other than members of the family occupying such dwelling.

“Building” means any structure designed or intended for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind, but excluding all forms of vehicles even though immobilized.

“Camper” means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreational and vacation use.

“Camping trailer” means a folding structure mounted on wheels and designed for travel, recreational and vacation uses.

“Carport” means a stationary structure consisting of a roof with its supports and not more than one wall, or storage cabinet substituting for a wall, and used for sheltering a motor vehicle.

“Church” means a building used primarily for religious worship.

“Convenience store” means a food store designed and intended to serve the daily or frequent needs of the residential population living primarily within one mile of the shop. The sale of nonfood items such as household supplies, drugs and items for personal hygiene may also occur on the premises. A convenience store that dispenses, sells or otherwise provides gasoline or other types of motor vehicle fuel in addition to food items shall be deemed to be a service station for the purposes of this title.

“Coordinated local zoning for off-site hazardous waste facilities” means zoning which permits off-site hazardous waste treatment and storage facilities in a jurisdiction to serve the off-site facility needs of other jurisdictions, provided the coordinated zoning is documented by signing agreements between all affected jurisdictions.

“Council” means the legislative body of the city of Sumas.

Dwelling, Multifamily. “Multifamily dwelling” means a building consisting of three or more dwelling units including condominiums with varying arrangements of entrances and party walls.

Dwelling, Single-Family. “Single-family dwelling” means a building for use as a residence for one family with a minimum coverage and enclosed floor space, excluding garage and/or carport, of at least one thousand one hundred square feet.

Dwelling, Two-Family (Duplex). “Two-family dwelling” (“duplex”) means a building consisting of two dwelling units which may be either attached side by side or one above the other, and each unit having a separate or combined entrance or entrances.

“Dwelling unit” means one or more habitable rooms which are occupied or which are intended or designed to be occupied by one family with facilities for living, sleeping, cooking and eating.

“Family” means an individual or two or more persons related by blood or marriage, or a group of not more than five persons not related by blood or marriage, living together in a dwelling unit.

“Fence” means an unroofed barrier or an unroofed enclosing structure such as masonry, ornamental iron, woven wire, wood pickets or solid wood or any other material used as an unroofed barrier to light, sight, air or passage.

“Grade” (“ground level”) means the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet distant from said wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and the property line if it is less than five feet in distance from said wall. In case walls are parallel to and within five feet of a public sidewalk, alley or public way, the grade shall be the elevation of the sidewalk, alley or public way.

“Hazardous waste” means all dangerous waste (DW) and extremely hazardous waste (EHW) as defined in RCW 70.105.010.

“Hazardous waste storage” means the holding of dangerous waste for a temporary period as regulated by the State of Washington Dangerous Waste Regulations, Chapter 173-303 WAC.

“Hazardous waste treatment” means the physical, chemical or biological processing of dangerous waste to make wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume.

“Height of building” means the vertical distance from the average grade to the highest point of the coping of a flat roof or the deck line of a mansard roof or to the average height of the highest gable of pitch or hip roof.

“Home occupation” means an occupation which is clearly incidental to, or secondary to, the residential use of a dwelling unit, and is carried on within a dwelling unit or accessory building by one or more occupants of such dwelling unit consistent with the provisions of Section 20.18.080.

“Kennel” means any lot or premises on which four or more dogs and/or cats over the age of six months are kept for lease, boarding or racing.

“Loading space, off-street” means an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley, or other appropriate means of access.

“Lot” means a parcel of land of sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of:

(1)    A single lot of record;

(2)    A portion of a lot of record, legally created;

(3)    A combination of adjacent and contiguous lots of record and/or parcels of land legally divided or consolidated.

“Lot area” means the total area measured on a horizontal plane within the lines of a lot.

“Lot depth” means the horizontal distance between the front lot line and the rear lot line measured at a point halfway between the side lot lines.

Lot, Interior. “Interior lot” means a lot other than a corner lot.

“Lot line” means the line bounding a lot as defined herein.

Lot Line, Front. “Front lot line,” in the case of an interior lot, means a line separating the lot from the street; and in the case of a corner lot, a line separating the lot from the street on which the improvement or contemplated improvement will face.

Lot Line, Rear. “Rear lot line” means a lot line which is opposite and most distant from the front lot line. In the case of a triangular-shaped lot, the rear lot line, for building purposes, shall be assumed to be a line ten feet in length within the lot parallel to and at a maximum distance from the front lot line.

Lot Line, Side. “Side lot line” means any lot line which is not a front or rear lot line.

“Lot of record” means a lot which is part of a subdivision recorded in the office of the county auditor, or a lot or parcel described by metes and bounds, which has been so recorded.

“Lot width” means the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

“Manufactured home” is a single-family dwelling constructed after June 15, 1976, in accordance with the United States Department of Housing and Urban Development Manufactured Home Construction and Safety Standards Act of 1974, which is a national preemptive building code codified at 42 U.S.C. 5401 et seq. A structure which met this definition at the time of manufacture is still considered to meet this definition notwithstanding that it is no longer transportable.

Manufactured Home, Designated. A “designated manufactured home” is a manufactured home which: (a) is comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long; (b) was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of nominal 3:12 pitch; and (c) has exterior siding similar in appearance to siding materials commonly used on conventional site-built Uniform Building Code single-family residences.

Manufactured Home, New. A “new manufactured home” is a manufactured home required to be titled under RCW Title 46 which has not been previously titled to a retail purchaser and is not a “used mobile home” as defined in RCW 82.45.032(2).

Manufacturing, Heavy. “Heavy manufacturing” means manufacturing, processing, assembling, storing, testing, and similar industrial uses which are generally major operations and extensive in character; require large sites, open storage and service areas, extensive services and facilities, and ready access to regional transportation; and normally generate some nuisances such as smoke, noise, vibration, dust, and glare, but not beyond district boundaries.

Manufacturing, Light. “Light manufacturing” means manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet, and free of objectionable or hazardous elements such as smoke, noise, odor, or dust; generating little industrial traffic and no nuisances.

“Mobile home” means a transportable dwelling unit designed and manufactured after July 1, 1968, and before June 15, 1976, bearing an insignia of the Washington State Department of Labor and Industries. All mobile homes without such insignia are nonconforming structures.

“Mobile home park” means any parcel or adjacent parcels of land having a common ownership consisting of five or more acres, which parcel is utilized for two or more mobile or manufactured homes. The term “mobile home park” shall not be construed to mean campgrounds, recreational vehicle parks, trailer parks or tourist facilities for camping.

“Motel” means a group of attached or detached buildings containing three or more individual sleeping units with or without cooking facilities, with at least one parking space for each unit convenient to that unit and on the same premises, all for temporary use as transient accommodations.

“Motor home” means a portable, temporary dwelling to be used for travel, recreational or vacation use constructed as an integral part of a self-propelled vehicle.

“Nonconforming lot” means a lot which does not meet the area or width requirements of the district in which it is located.

“Nonconforming structure” means a building or structure or portion thereof which does not conform to the setbacks or maximum lot coverage or other provisions herein established for the district.

“Nonconforming use” means a use of a building or land lawfully existing at the time of enactment of the ordinance codified in this title or amendment thereto and which does not conform with the use regulations of the district in which it is located.

“Off-site treatment and storage facilities” means off-site facilities which treat and store hazardous wastes from generators on properties other than those on which the off-site facilities are located. Off-site facilities require an interim or final status dangerous waste permit from the Department of Ecology under the Dangerous Waste Regulations, Chapter 173-303 WAC.

“On-site treatment and storage facility” means on-site facilities which treat and store hazardous wastes generated on the same parcel of property where the on-site facility or facilities are located and require an interim or final status dangerous waste permit from the Department of Ecology under the Dangerous Waste Regulations, Chapter 173-303 WAC.

“Recreational vehicle” means a vehicular-type unit designed for temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle and which has a body width of no more than eight feet and a body length of no more than thirty-five feet when factory-equipped for the road. This term shall include but not be limited to travel trailer, camper, motor home, and camping trailer.

“Recreational vehicle campground” means a lot or parcel of land occupied or intended for occupancy by recreational vehicles or tents for travel, recreational or vacation usage for short periods of stay subject to the provisions of this title.

“Recreational vehicle lot” means a designated and defined parcel of land within a mobile home or recreational vehicle park intended for temporary location of a recreational vehicle as a dwelling unit.

“Recreational vehicle park” means a recreational park or portion thereof designated for exclusive occupancy by recreational vehicles.

“Sanitary station” or “sanitary dumping station” means a facility used for removing and disposing of wastes from recreational vehicle sewage holding tanks.

School, Elementary, Junior High or High. “Elementary, junior high, or high school” means an institution, public or parochial, offering instruction in the several branches of learning and study, in accordance with the rules and regulations of the State Department of Education.

“Service station(s)” means a premises used as a whole or in part for the supplying, dispensing or otherwise providing directly to the consumer at retail, gasoline and/or other motor vehicle fuels, oil, minor accessories and services for motor vehicles. The terms “service station(s)” and “automobile service station(s)” shall be considered synonymous for the purpose of this definition. (Also see definition of “Convenience store.”)

“Short-term rental” means rental of a room, rooms, apartment or whole house for a period of less than thirty consecutive days. The term includes bed and breakfasts, Airbnb, vacation rental by owner, and other similar short-term rentals.

“Sign” means any placard, billboard, display message, design, letters, symbol, light fixture, illustration, set of pennants, or other device intended to identify, inform, advertise or attract attention to any private or public premises, and placed mainly outdoors so as to be seen from any public or quasi-public place. Excluded from this definition are official traffic, directional or warning devices; other official public notices; signs required by law; or flag of a government or other noncommercial institution.

“Street” means a way of travel more than twenty feet wide which has been improved, dedicated or deeded to the public for public use.

“Structure” means that which is built, constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, regardless of whether it is wholly or partly above or below grade.

“Theater” means any edifice used for the purpose of dramatic or operatic or other representations, plays or performances, whether live or by moving picture, for admission to which money is received, but not including halls rented or used occasionally for concerts and theatrical representation.

“Travel trailer” means a vehicular, portable structure built on a chassis and drawn by a motorized vehicle and which is designed to be used as a temporary dwelling for travel, recreational and vacation use.

“Vehicle” means all instrumentalities capable of movement by means of circular wheels, skids or runners of any kind, along roadways or paths or other ways of any kind, specifically including, but not limited to, all forms of automotive vehicles, buses, trucks, cars and vans, all forms of trailers or mobile homes of any size whether capable of supplying their own motive power or not, without regard to whether the primary purpose of which instrumentality is or is not the conveyance of persons or objects, and specifically including all such automobiles, buses, trucks, cars, vans, trailers and mobile homes even though they may be at any time immobilized in any way and for any period of time of whatever duration.

Yard, Front. “Front yard” means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and line parallel thereto at the nearest point of the foundation of the main building.

Yard, Rear. “Rear yard” means a yard extending across the full width of the lot between the most rear main building and the rear lot line; but for determining the depth of the required rear yard, it shall be measured horizontally from the nearest point of the rear lot line toward the nearest part of the foundation of the main building.

Yard, Side. “Side yard” means a yard, between the main building and the side lot line, extending from the front yard to the rear yard; the width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the foundation of the building.

“Zoning administrator” means the utilities superintendent of the city of Sumas, or his designee. (Ord. 1744 § 2, 2019: Ord. 1425 §§ 1, 2, 2005; Ord. 1178 § 3, 1996; Ord. 1175 § 6, 1996; Ord. 1002 (Attachment A) (part), 1989)

Any development or redevelopment that increases the demand and need for capital facilities as defined in this section shall be subject to the following:

a.    Development and redevelopment activities subject to this section shall not receive approvals from the city until the zoning administrator makes a determination that all required capital facilities meeting adopted level of service or other standards will be available to serve the proposed development at the time the development is established.

b.    For the purposes of this section, capital facilities shall include the following whether provided by the city or other governmental agency: domestic water, sanitary sewer, storm sewer, streets and other transportation facilities, park and recreation facilities, law enforcement, fire protection, and schools.

c.    In the event that the zoning administrator makes a determination that one or more capital facilities will not be available as required by this section, then the administrator shall identify the capital improvements necessary to ensure compliance with this section. Said improvements shall be provided to the applicant in writing and may be included as conditions of approval attached to required permits.

d.    Except as noted below, all required capital improvements shall be completed prior to completion of authorized development activities in conformance with established conditions of approval; otherwise, final approval of permitted activities shall be withheld until all such improvements have been completed.

e.    Where found to be reasonable and appropriate by the administrator, permits may be issued by the city based on the posting of a performance bond, in a form acceptable to the city attorney, in an amount equal to one hundred fifty percent of the estimated cost of required improvements not completed prior to permit issuance. The estimated cost for all such improvements utilized in calculating the dollar amount of the bond shall be based on the cost for the city to complete said improvements while meeting governmental prevailing wage and other requirements under municipal contracts.

f.    Following completion of all required improvements, the administrator shall make a written finding that the development has met the concurrency requirements established in this section. (Ord. 1686 § 20, 2016)