Use Standards
(Ord. M-4034, 2012; Ord. M-3663, 2004; Ord. M-3643, 2004)
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Purpose. The purpose of these code provisions for accessory dwelling units (ADUs) is to: (1) provide homeowners with flexibility in establishing separate living quarters within or adjacent to their homes for the purpose of caring for seniors, providing housing for their children or obtaining rental income; (2) increase the range of housing choices and the supply of accessible and affordable housing units within the community consistent with statutory requirements; and (3) ensure that the development of accessory dwelling units does not cause unanticipated impacts on the character or stability of single-family neighborhoods. (Ord. M-4517 § 3(A) (Att. A), 2025; Ord. M-4465 § 3(A) (Att. A), 2024; Ord. M-4455 § 3(A) (Att. A), 2024; Ord. M-4377 § 2(g), 2022; Ord. M-4209 § 2, 2017; Ord. M-3643, 2004)
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Accessory Dwelling Unit (ADU). One or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit within or attached to a single-family dwelling or in a detached building on the same lot as the primary dwelling unit. (Ord. M-4517 § 3(A) (Att. A), 2025; Ord. M-4465 § 3(A) (Att. A), 2024; Ord. M-4455 § 3(A) (Att. A), 2024; Ord. M-4377 § 2(g), 2022; Ord. M-4209 § 2, 2017; Ord. M-3931 § 25, 2009; Ord. M-3643, 2004)
A. Accessory dwelling unit applicability. ADUs shall be permitted outright in all residential zoning districts that contain a single-family home if in compliance with all of the development standards contained in VMC 20.810.040.
1. Repealed by M-4455.
2. Repealed by M-4455.
B. Approval process. A proposed ADU shall be reviewed by means of a Type I procedure, pursuant to VMC 20.210.040, subject to the development standards contained in VMC 20.810.040. An ADU use is not subject to site plan review. (Ord. M-4517 § 3(A) (Att. A), 2025; Ord. M-4465 § 3(A) (Att. A), 2024; Ord. M-4455 § 3(A) (Att. A), 2024; Ord. M-4377 § 2(g), 2022; Ord. M-4209 § 2, 2017)
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Development standards for accessory dwelling units. An ADU shall comply with the following standards:
A. Configuration. An ADU may be located either within, attached to, or detached from the primary structure.
B. Density. Up to two ADUs may be created in conjunction with each legal lot containing a single-family residence.
C. Minimum lot size. An ADU may be established on any legally established lot meeting applicable standards of this chapter.
D. Maximum unit size. An ADU shall not exceed 1,000 square feet of gross floor area.
E. Minimum unit size. The gross floor area of an ADU shall not be less than the requirements of the Washington State Building Code.
F. Setbacks, height and lot coverage. Additions to existing structures, or the construction of new detached structures, associated with the establishment of an ADU shall not exceed the allowable lot coverage, height or encroach into required setbacks as prescribed in the underlying zone. The applicable setbacks and height shall be the same as those prescribed for the primary structure, not those prescribed for detached accessory structures.
G. Parking. No additional on-site parking is required in conjunction with the establishment of an ADU.
H. Construction standards. The design and construction of the ADU shall conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health and any other applicable codes. (Ord. M-4517 § 3(A) (Att. A), 2025; Ord. M-4465 § 3(A) (Att. A), 2024; Ord. M-4455 § 3(A) (Att. A), 2024; Ord. M-4377 § 2(g), 2022; Ord. M-4209 § 2, 2017; Ord. M-3959 § 38, 2010; Ord. M-3701 § 24, 2005; Ord. M-3643, 2004)
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The following information shall be submitted as part of an application for review:
A. Application. Completed and signed application provided by the planning official.
B. Fee. Fee pursuant to Chapter 20.180 VMC.
C. Site plan. To-scale site plan showing the exact location of the primary residence and any accessory structures, parking, landscaping and setbacks.
D. Floor plan. Floor plan, drawn to scale, of entire house and accessory unit within the primary residence or within freestanding accessory structure.
E. Elevations. Elevations drawn to scale of the accessory unit within the primary residence or within freestanding accessory structure. (Ord. M-4517 § 3(A) (Att. A), 2025; Ord. M-4465 § 3(A) (Att. A), 2024; Ord. M-4455 § 3(A) (Att. A), 2024; Ord. M-4377 § 2(g), 2022; Ord. M-4209 § 2, 2017; Ord. M-3643, 2004)
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A. Conversions of an existing structure. An existing garage structure or other outbuilding may be converted to an ADU; provided, that the structure complies with established setback standards for a primary structure, not accessory structure, as prescribed in the underlying zone, and complies with applicable building codes, and all other standards of this section. Conversion of such garage shall not result in the elimination of the requirement of one legal on-site parking space to serve the single-family residence.
B. Conversion of existing garages located in non-conforming setbacks. Garages constructed before January 1, 2021, that are legally nonconforming as to side or rear yard setback may be eligible to be converted or replaced at their current location; provided, that all applicable ADU, building, and other standards are met.
C. Off-street parking requirements. The off-street parking requirements for the primary residence shall be provided for elsewhere on the site in conformance with the setback, paving and other development standards described in Chapter 20.945 VMC, Parking and Loading. (Ord. M-4517 § 3(A) (Att. A), 2025; Ord. M-4465 § 3(A) (Att. A), 2024; Ord. M-4455 § 3(A) (Att. A), 2024; Ord. M-4377 § 2(g), 2022; Ord. M-4209 § 2, 2017; Ord. M-3701 § 25, 2005; Ord. M-3663 § 20, 2004; Ord. M-3643, 2004)
These standards are intended to allow smaller unit size apartments with shared kitchen and/or bathroom facilities in multifamily zoning districts. (Ord. M-4377 § 2(f), 2022)
A. Use Classification. Micro housing units are included under the residential use type of household living.
B. Zoning. Micro housing units are allowed by right in R-18, R-22, R-30, R-35, R-50 or as part of a mixed-use development in the CC, CG and CH zones. (Ord. M-4377 § 2(f), 2022)
A. Kitchen Facilities. One or more of the following options shall be provided to ensure residents have access to facilities for cooking, refrigeration, and washing utensils:
1. A community kitchen facility on each floor available for shared use by the residents of that floor; or
2. Individual kitchens for the private use of the residents of the unit; or a combination of private and community kitchen facilities.
B. Maximum Number of Bedrooms. Each living unit may have up to one bedroom that is separate from the remainder of living facilities within the unit.
C. Unit Size. Units shall be between 120 and 400 square feet in size.
D. Unit Density. Micro housing project densities shall be as allowed by underlying zoning designations. Micro housing may not be eligible for affordable housing density bonuses.
E. Bathrooms. A unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility means includes a toilet and sink; a full facility includes a toilet, sink, and bathtub or shower, or bathtub/shower combination. If a full bathroom facility is not provided in each room, common bathroom facilities must be provided that meet the standards of the Building Code for congregate residences with at least one full bathroom per floor.
F. Parking. Micro housing units require one parking space per two dwelling units. (Ord. M-4377 § 2(f), 2022)
Purpose. The purpose of these regulations is to separate certain uses from the secondary effects of adult entertainment businesses by establishing criteria to adequately separate such establishments from neighborhoods, schools, permanent religious institutions, licensed daycare facilities and parks. (Ord. M-3643, 2004)
A. Applicability. Adult entertainment business as defined in VMC 20.160.020 (C)(3)(a) shall be allowed as a limited use in the CG, IL and IH districts subject to a Type II review. The use shall be subject to the following development standards:
1. Distance restrictions. It shall be unlawful for anyone to establish an adult entertainment business or to relocate an adult entertainment business within 1,000' measured in a straight line without regard to intervening structures or objects, of any existing adult business or public park; child care facility licensed by the State of Washington; preschool; permanent religious institution; and/or public or private elementary, middle, junior high or high school.
2. Distance restrictions from a residential district. It shall further be unlawful to locate or relocate any adult entertainment business within 500' of any residential district.
B. Non-conforming status. The location of a newly-established public park, licensed child care facility, permanent religious institution, preschool or school within 1,000' or the establishment of a residential district within 500' of an existing adult entertainment business shall not cause the existing adult entertainment business to be deemed a nonconforming use. (Ord. M-3643, 2004)
(Ord. M-3643, 2004)
Enforcement of violations. Anyone convicted of violating this Chapter shall be subject to enforcement actions as contained in VMC 20.140 Enforcement. If subject to an enforcement action, the applicant shall be sentenced to a maximum 30 calendar days in jail, or fined a maximum $500 per such violation. (Ord. M-3643, 2004)
Purpose. The regulations are intended to allow for a more efficient use of large, older houses for a use that has been found to be compatible with residential uses. Through these regulations, the proprietor can take advantage of the scale and often the architectural and historical significance of a residence and provide an alternative form of lodging for visitors who prefer a residential setting. (Ord. M-3643, 2004)
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A. Conditional uses. A 3-6 bedroom bed-and-breakfast establishment in the lower-density residential zoning districts, i.e., R-2, R-4, R-6 and R-9 zones is permitted as a conditional use, subject to the requirements of VMC 20.245 Conditional Uses, VMC 20.210 Decision-Making Procedures, the development standards contained in VMC 20.830.030 below, and the requirements of state law.
B. Limited uses.
1. A 1-2 bedroom bed-and-breakfast-establishment is allowed as a limited use in the lower density residential districts (R-9, R-6, R-4, R-2) subject to a Type I review, pursuant to VMC 20.285.040 and the development standards contained in VMC 20.830.030 below.
2. A bed-and-breakfast-establishment in higher-density residential and commercial zoning districts is allowed as a limited use subject to a Type I review, pursuant to VMC 20.285.040 and the development standards contained in VMC 20.830.030 below. (Ord. M-3931 § 27, 11/02/2009; Ord. M-3643, 01/26/2004)
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A. Accessory use. In residential zoning districts, a bed-and-breakfast establishment must be accessory to a Household Living use on a site, as defined in VMC 20.160.020(A)(1). This means that an individual or family which operates the establishment must occupy the house as their primary residence. The house must have been used as a residence for at least a total of five years prior to filing the application for a bed-and- breakfast establishment.
B. Uses. In residential zoning districts, banquets, parties, weddings or meetings for guests or other non-family members for the general public are prohibited. These services may be provided only to residents or overnight patrons of the facility.
C. Compliance with state guidelines. In all zoning districts, bed-and-breakfast establishments containing three to six bedrooms for guests must meet the Department of Health Bed-and-Breakfast Guidelines. These guidelines are enforced by DSHS.
D. Appearance. In all residential zones, residential structures may be remodeled for the development of bed-and-breakfast establishments. Structural alterations may not be made which prevent the structure from being used as a house.
E. Parking. In all residential zoning districts, a minimum of two off-street parking spaces are required. In commercial zoning districts, parking is subject to the requirements of VMC 20.945, Parking and Loading. Additional off-street spaces may be required as a condition of approval for those bed-and-breakfast establishments governed by conditional use approval, per the requirements of VMC 20.245.
F. Signs. Signs in residential and commercial zoning districts shall conform to appropriate sections of VMC 20.960 Signs (Ord. M-3840 § 36, 08/06/2007; Ord. M-3643, 01/26/2004)
In addition to the information otherwise required on the conditional use application form, when applicable, the applicant must provide the following:
A. Site plan. A site plan showing where guest parking will be provided.
B. Floor plan. A floor plan of both existing structure and modifications for bed-and-breakfast use.
C. Traffic impacts. A statement indicating the potential impact on traffic in the area.
E. State certification. For establishments containing three or more units, a statement from the State Department of Social and Health Services indicating that the proposed bed-and-breakfast can meet the DSHS’s Bed-and-Breakfast Guidelines.
F. Sign plan. Proposed sign plan if applicable. (Ord. M-3643, 2004)
This chapter provides the requirements and standards under which residential dwelling units may be used for short-term rental use for stays fewer than 30 consecutive days. The regulations are intended to allow for a more efficient use of certain types of residential structures, while keeping them primarily in residential use and retaining neighborhood character. The regulations also provide an alternative form of lodging for visitors who prefer a residential setting. (Ord. M-4433 § 1 (Att. A), 2023)
A short-term rental, as defined in RCW 64.37.010(9), shall be a limited use in certain zoning districts within legally established dwelling units. (Ord. M-4433 § 1 (Att. A), 2023)
Short-term rental use is a business that requires the operator to register with the Washington State Department of Revenue and obtain a city of Vancouver business license.
Short-term rental operations are regulated through a short-term rental permit application, subject to the development standards listed below. Short-term rental permits are nontransferable business operation permits and do not run with the land. Short-term rental permits automatically expire when property ownership changes. (Ord. M-4433 § 1 (Att. A), 2023)
The following standards are required for the operation of a short-term rental. Failure to comply with any or all the following development standards will result in the revocation of a short-term rental permit:
1. Regulations. A short-term rental must meet all applicable state and local health, safety and building code regulations such as fire and smoke protections, egress and accessibility, and structural design, as well as applicable provisions of the Washington Administrative Code (WAC) and the Revised Code of Washington (RCW).
2. Off-Site Impacts. A short-term rental must not generate measurable levels at the property line of dust, smoke, odor, glare, or noise beyond those associated with a residential use. The short-term rental must not generate solid waste in volume or type not normally associated with a residential use.
3. Limitations.
a. Short-term rentals are only permitted within a legally established dwelling unit. Short-term rentals may not be operated outdoors, in an accessory structure, in a recreational vehicle, or in any other nonresidential structure.
b. Short-term rentals are not permitted in any dwelling unit or building that has received approval under the city’s multifamily tax exemption (MFTE) program (Chapter 3.22 VMC, as now existing or hereafter amended). This limitation does not apply after the MFTE program exemption period has ended.
c. To limit the impact of short-term rentals on the available long-term housing supply, the city may issue no more than 870 active short-term rental permits at any given time. Permits will be approved on a first-come, first-served basis.
4. Liability Insurance. Short-term rental operators must have current, valid liability insurance coverage for any short-term rental unit that complies with the requirements of RCW 64.37.050, as now existing or hereafter amended.
5. Notification. Prior to the city application process for a short-term rental permit, the property owner must provide a courtesy notice regarding the short-term rental to all property owners abutting or adjacent to the proposed short-term rental location. This notification must include a description of the operation, number of bedrooms to be rented to overnight guests, and contact information for the owner or operator by phone. (Ord. M-4433 § 1 (Att. A), 2023)
A. Application – Fees. The short-term rental applicant must submit a completed short-term rental permit application form as prescribed by the city’s planning official with the applicable fee per Chapter 20.180 VMC.
B. Required Permit Application Information.
1. Affidavit of mailing showing proof of mailing of notification to property owners abutting and adjacent to the proposed short-term rental.
2. Copy of liability insurance for the short-term rental.
3. Acknowledgment by the property owner attesting that the short-term rental will continuously comply with the required standards in VMC 20.835.040 and allowing the city to inspect the premises in accordance with Chapter 17.08 VMC. (Ord. M-4433 § 1 (Att. A), 2023)
A. It is unlawful to rent, offer for rent, or advertise for rent a dwelling unit located on any property with the city as a short-term rental without a permit and license authorizing such use issued and approved in the manner required by this chapter.
B. Failure of the property owner or authorized agent or local contact of a short-term rental to meet the standards contained herein is subject to the enforcement provisions contained in VMC 22.02.020. (Ord. M-4433 § 1 (Att. A), 2023)
Need for child care facilities. The City Council finds that a community need exists for child care and similar facilities within the City of Vancouver. Further the Council finds that it is appropriate that different levels or intensities of child care facilities be subjected to different levels of review. Therefore, the City has established the following standards and review procedures for the protection and enhancement of the neighborhood and for the general health and welfare of the community. (Ord. M-3643, 2004)
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A. Types. There are two types of child care uses identified by the State of Washington. For further definition, see VMC 20.160.020 (B)(5)(a). These include:
1. Family Child Day Care Homes. Such homes are used for the care of no more than 12 children.
2. Child Care Centers. Child Care Centers are for the care of 13 or more children.
B. Regulatory compliance. Child Care Centers and similar facilities shall comply with the requirements of VMC 20.840.030, in addition to any requirements imposed by the State of Washington. (Ord. M-4066 § 5, 12/16/2013; Effective 01/16/2014; Ord. M-3643, 01/26/2004)
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A. Family Child Day Care Homes meeting the definition of VMC 20.160.020 (B)(5)(a) are permitted in any residence in any zone except industrial districts. Signs for Family Day Care Homes are prohibited.
B. Child Care Centers Child Care Centers, pre-schools and other similar facilities for care of 13 or more children and which otherwise meet the definition of Child Care Center contained in VMC 20.160.020 (B)(5)(a) shall be reviewed as follows:
1. In residential zones, Child Care Centers shall be permitted pursuant to VMC 20.410 and VMC 20.420 as applicable and shall also comply with the following development standards:
a. Minimum lot size: 5,000 sq. ft.
b. Minimum outdoor play area: Minimum of 75 sq. ft. per child for whom care is provided. This area must be contiguous to the facility.
c. Play area screening: A site-obscuring fence of at least 4' but not more than 6' in height shall be provided, separating any play area from adjoining lots. A similar fence shall be required between the play area and any abutting rights-of way.
d. Parking and loading: Compliance with the applicable provisions of VMC 20.945 Parking and Loading shall be required.
e. Signs. Signs shall be allowed subject to 20.960 VMC.
2. In all commercial and (OCI and IL) child care centers shall be allowed by right subject to the following design standards:
a. Minimum lot area. of 10,000 sq. ft.
b. Play area screening. A site-obscuring fence of at least 4' but not more than 6' in height shall be provided, separating any play area from adjoining lots. A similar fence shall be required between the play area and any abutting rights-of way.
c. Parking and loading. Compliance with the applicable provisions of VMC 20.945 Parking and Loading shall be required except that no parking or loading shall be required in the City Center District (CX).
d. Signs. Signs in a commercial or industrial zoning district shall comply with the applicable sections of VMC 20.960 Signs. (Ord. M-4066 § 5, 12/16/2013; Effective 01/16/2014; Ord. M-3643, 01/26/2004)
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Purpose. The purpose of this chapter is to establish the standards for the location of dog day care facilities, in a manner that minimizes impacts on surrounding property owners. (Ord. M-3667 § 4, 09/13/2004; Ord. M-3643, 01/26/2004)
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A. Lower Density Residential Zoning Districts. Dog Day Care uses are prohibited in the R-2, R-4, R-6, and R-9 zoning districts.
B. Higher-Density Residential Zoning Districts. Dog Day Care uses are allowed as conditional uses in the R-18, R-22, R-30 and R-35 zones, pursuant to Chapter 20.245 VMC, governing Conditional Uses, and Chapter 20.210 VMC, governing Decision-Making Procedures, and subject to the development standards contained in Section 20.850.030 VMC.
C. Commercial and Industrial Zoning Districts. Dog day care uses are limited uses in the commercial zones (CN, CC, CG, CX, WX, HX and MX) and industrial zones (OCI, IL and IH), subject to the development standards contained in VMC 20.850.030. Dog day care is a prohibited use in the Vancouver Central Park Plan district (CPX).
D. Open Space Zones. Dog Day Care uses are prohibited in the NA and GR zoning districts. (Ord. M-4341 § 3 (Exh. B), 2021; Ord. M-3730 § 28, 2005; Ord. M-3667 § 5, 2004; Ord. M-3643, 2004)
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A. General standards. All Dog Day Care facilities regardless of the zoning district in which they are located shall comply with the following criteria:
1. The hours of operation shall be limited daily from 6 a.m. to 9 p.m. in the higher density residential districts and 6 a.m. to 10 p.m. in the commercial and industrial districts.
2. The dogs may be groomed, trained, exercised and socialized, but not kept or boarded overnight, bred, sold, or let for hire.
3. Provide off-street parking and loading as required in VMC 20.945 – Parking and Loading.
4. Dog Day Care facilities shall be subject to VMC Chapter 8.24 – Animals.
5. Walls, partitions and floor/ceilings assemblies separating Dog Day Care facilities from residential uses shall have a sound transmission class (STC) as required by the Building Code.
6. Provide sight-obscuring fencing for all on-site outdoor recreation areas. The fence shall provide full containment for the dogs. The fence structure shall be deep enough and secured to the ground to prevent escape and high enough to prevent dogs from jumping or climbing over. The Fence shall be subject to VMC 20.912 Fences and Walls.
7. The applicant shall be required to obtain all licenses and permits, and meet the City’s Limited and Conditional Use and Site Plan review requirements, as applicable.
B. Higher-density residential zoning districts. A Dog Day Care facility is permitted as a conditional use (Type 3 procedure) in the R-18, R-22, R-30 and R-35 zoning districts subject to the regulations in Chapter 20.245 VMC, Conditional Uses, and the procedural requirements of Chapter 20.210 VMC, Decision-Making Procedures. Such a facility in one of these zoning districts shall satisfy the following requirements in addition to those in Subsection (A) above:
1. A minimum lot size of one acre, a maximum of 30 dogs on the premises.
2. Outdoor areas where dogs will be allowed must be a minimum of 50' from any property line. The setback requirements of this section do not apply if all activity is contained indoors.
3. All existing and additional structures shall maintain a residential character. Dog Day Care shall be accessory to the residential use of the site.
4. Hours of operations: 6 a.m. to 9 p.m.
C. Commercial zoning districts. A dog day care facility is permitted as a Type I limited use in the CN, CC, CG, CX, WX, HX and MX zoning districts subject to the procedural requirements of Chapter 20.210 VMC, Decision Making Procedures. Such a facility in one of these zoning districts shall satisfy the following requirements in addition to those in subsection A of this section:
1. Maximum of 40 dogs on the premises.
2. Minimum setback requirements shall be consistent with the standards of the CN, CC, CG, CX, WX, HX and MX unless the dog day care facility abuts a residential district, in which case the setback shall be 50 feet. The setback requirements of this section do not apply if all activity is contained indoors.
3. Provide on-site indoor play area when located within the City Center (CX), Waterfront (WX), the Heights (HX) and Mixed Use (MX) districts. Outdoor play areas are not permitted in the (CX), (WX), (HX) or (MX) districts.
4. Hours of operation: 6:00 a.m. to 10:00 p.m.
D. Industrial zoning districts. A Dog Day Care facility is permitted as a Type I limited use in all industrial districts except airport and subject to the procedural requirements of VMC 20.210 Decision-Making Procedures. Such a facility in one of these zoning districts shall satisfy the following requirements in addition to those in Subsection A above:
1. A 50' setback shall be maintained where such facilities abut a residential district.
2. A 50' setback shall be maintained where such facilities abut a residential district. The setback requirements of this section do not apply if all activity is contained indoors.
3. Hours of operation: 6 a.m. to 10 p.m. (Ord. M-4341 § 3 (Exh. B), 2021; Ord. M-3922 § 38, 2009; Ord. M-3730 § 29, 2005; Ord. M-3667 § 6, 2004; Ord. M-3643, 2004)
Purpose. The purpose of this Chapter is to fulfill the requirements of the Growth Management Act by accommodating Essential Public Facilities of state or regional significance, including but not limited to airports, state education facilities, state or regional transportation facilities; prisons, jails and other correctional facilities; secure community transition facilities; and solid waste facilities. (Ord. M-3643, 2004)
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A. Applicability. Essential Public Facilities where not prohibited, shall be conditional uses per the requirements of VMC 20.245 – Conditional Uses and shall be subject to the additional requirements contained in subsection (B) below.
B. Requirements.
1. Early notification and involvement of affected citizens and jurisdictions shall be provided as follows: At least 90 days before submitting an application for such a facility, the prospective applicant shall notify the affected public and jurisdictions of the general type and nature of the proposal, identify sites under consideration for accommodating the proposed facility, and identify opportunities to comment on the proposal. Applications for specific projects shall not be considered complete without proof of such a published notice in a local newspaper of general circulation.
2. If it will generate substantial traffic as determined by the city’s traffic engineer, such a facility shall be located near a major transportation corridor(s) served or planned to be served by mass transit.
3. Inter-jurisdictional agreements shall be developed to mitigate any disproportionate financial burdens which may fall on the local jurisdiction within which a facility of a state, regional, or county-wide nature is located.
4. The proposed project shall comply with all applicable provisions of the Comprehensive Plan, Title 20 and other applicable provisions of the Municipal Code, SEPA, and other federal, state and local statute, codes and ordinances.
5. Applicants for such a facility shall provide an analysis of the alternative sites considered for the proposed facility. This analysis shall include the following:
a. A justification of the need for the proposed facility in the proposed location. The applicant shall demonstrate that less impacting alternatives have been considered and found not to be feasible.
b. The applicant shall also describe the process used to identify and evaluate alternative sites.
c. An evaluation of the sites’ capability to meet basic siting criteria for the proposed facility, such as size, physical characteristics, access, and availability of necessary utilities and support services.
d. The sites’ relationship to the service area and the distribution of other similar public facilities within the service area or jurisdiction, whichever is larger.
e. A description of the relative environmental, traffic and social impacts associated with locating the proposed facility at the alternative sites that meet the applicant’s basic siting criteria. The applicant shall also identify proposed mitigation measures to alleviate or minimize adverse impacts.
6. Special provisions for specific types of essential public facilities.
a. Secure community transition facilities conforming with the standards set forth below may be approved by conditional use permit following notice to all property owners and occupants of record within 1,500 feet of the proposed site.
1. Secure community transition facilities shall conform with all substantive, procedural and operational requirements set forth in RCW Chapter 71.09 and rules, regulations, and policy guidelines promulgated under the authority thereof or in response thereto.
2. Secure community transition facilities shall provide the following staffing and security measures:
(a) The owner and operator of the secure community transition facility shall submit and maintain a plan for staffing, security measures, procedures for immediate public notification of escapes, and escapee search procedures ("the Plan"), all in a form and content satisfactory to the planning official. The security measures shall indicate the types of security measures/facilities proposed for the secure community transition facility including, but not limited to, constant electronic monitoring of residents, site security measures/equipment, and site access and control consistent with Chapter 71.09 RCW, unless otherwise ordered by a court. The plan, along with documentation of the planning official’s concurrence in or rejection of the plan, shall be included in materials submitted to and reviewed by the Hearing Examiner, provided that the security plan made part of the public record shall not be in such detail that security of the facility would be compromised.
(b) The owner and operator of the secure community transition facility shall enter into a contract with the city, in a form and content satisfactory to the City Attorney, committing the owner and operator to comply with and maintain the plan for the life of the facility.
(c) The applicant shall install an eight-foot high fence, in character with the surrounding area, between the facility and all property boundaries. The Hearing Examiner may waive or lessen this requirement upon finding that due to existing site features or the type or character of adjoining uses, the privacy and security of the occupants of adjoining properties can be maintained in the absence of a fence or with a lower fence.
(d) The facility shall have a backup power source.
3. No such facility shall be located adjacent to, immediately across a street or parking lot from, or within the line of sight of a risk potential activity or facility as defined in RCW 71.09.020. For purposes of this subsection, those specific risk potential activities and facilities described in the applicable state law shall be interpreted as follows and shall include such facilities located within the City of Vancouver and all neighboring jurisdictions:
(a) Public and private schools and their grounds;
(b) School bus stops;
(c) Licensed child daycare and licensed preschool facilities;
(d) Public parks;
(e) Publicly dedicated trails;
(f) Sports fields;
(g) Playgrounds;
(h) Recreational and community centers;
(i) Places of worship such as churches, synagogues, temples, and mosques;
(j) Public libraries;
(k) Any other risk potential activity or facility identified in siting criteria by the Department of Social and Health Services with respect to siting a secure community transition facility. (Ord. M-3701 § 26, 05/02/2005; Ord. M-3643, 01/26/2004; Ord. M-3309 § 10, 1997: Ord. M-3234 § 4, 1996)
A. Support small-scale businesses. Provide residents with an opportunity to use their homes to engage in small-scale business activities.
B. Reduce traffic congestion. By providing opportunities for residents to work in their homes, reduce home-to-work and work-to-home trips that add to the congestion on the City’ s streets during the morning and evening peak periods.
C. Protect neighborhood character. Establish approval criteria and standards to ensure that home occupations are conducted as lawful uses that are subordinate to the residential use of the property and are conducted in a manner that is not detrimental or disruptive in terms of appearance or operation to neighboring properties. (Ord. M-3643, 2004)
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A. Applicability. Home occupations shall be a limited use in all zoning districts within legally established residential homes. Such uses shall be subject to a Type I review, pursuant to VMC 20.210.040, subject to the development standards in subsection B of this section.
B. Development requirements. Failure to comply with any or all of the following development standards will result in revocation of the home occupation permit.
1. Employees. Two nonresident employees are permitted for home occupation activities located in all zoning districts; provided, that legal off-street parking is available for the second nonresident employee. The primary person or persons providing the business or service must reside within the dwelling on the premises.
2. Incidental Sales. The sale of consumer goods shall be prohibited except when the product to be sold is clearly incidental and secondary to the services authorized by such home occupation.
3. Off-site impacts. No home occupation shall generate measurable levels at the property line of dust, smoke, odor or glare as defined in Chapter 20.935 VMC, Off-Site Impacts, or noise in excess of the state standards outlined in WAC 173-06-050 as specified in VMC 20.935.030(A), Environmental Noise. The home occupation activity shall not generate solid waste in volume or type which is not normally associated with residential use unless specifically permitted.
4. Disturbing Influences. The home occupation use shall not create electronic interference, including but not limited to: interference with radio, satellite reception, telephone or television reception.
5. Exterior modification. To preserve the residential appearance of the structure, there shall be no evidence of the home occupation from the exterior of the structure, except one door nameplate or freestanding sign not to exceed two square feet is permitted. Freestanding signage shall be located within 10 feet of the residence and positioned facing the street parallel to the front of the residence.
6. Limitations on customers and visitors. The combined total number of customers and business visitors associated with the home occupation shall be limited to no more than an average of six per day per week (Monday through Sunday).
7. Location of use. All uses or activities associated with home occupations shall be wholly carried on within a dwelling or accessory structure by a member or members of a family except as allowed in subsection (B)(1) of this section. Such activity shall be secondary to the use of the dwelling for living purposes. Not more than 25 percent of the combined floor space of such dwelling and accessory structure or 1,000 square feet, whichever is less, may be used for the home occupation.
8. Outdoor storage. No outdoor storage associated with home occupation shall be permitted.
9. Vehicles. Vehicles related to the home occupation shall be restricted to standard noncommercial cars, trucks, and vans.
10. Exemptions.
a. Garage sales as per VMC 20.885.020(E) are exempt from obtaining a home occupation permit.
b. Child care homes licensed by the state for the care of 12 or fewer children are exempt from obtaining a home occupation permit. City business license requirements apply. No signs allowed.
c. Adult care homes licensed by the state for the care of eight or fewer persons. No signs allowed.
d. Home occupations that occupy less than 25 percent of a residence (up to 1,000 square feet of combined space), have no customer visits, and no on-site retail sales are exempt from obtaining a home occupation permit. The home occupation development standards of this section and the city business license requirements apply.
11. Examples of permitted uses include but are not limited to the following:
a. Artists, illustrators, writers, photographers (no photo processing), editors, drafters, publishers;
b. Professional office for consultants and other similar activities;
c. Bookkeeping, law office, and architect;
d. Distribution of products assembled at home for off-premises sales (such as garden produce or crafts);
e. Janitorial services (office);
f. Mail-order business or sales representative;
g. Interior decorator;
h. Manufacturer’s representative.
i. Light furniture making and woodworking that does not result in the use or storage of amounts of hazardous, flammable, or combustible materials above the allowed exempt quantities as detailed in the building and fire codes adopted by VMC Titles 16 and 17.
j. Cottage food operations, as defined by Chapter 69.07 RCW.
k. Medical, disabled or elderly transportation service, provided only one vehicle associated with the home business is permitted.
12. Examples of prohibited uses include, but are not limited to, the following:
a. Auto repair;
b. Welding shops;
c. Large appliance/electronics or equipment repair or service;
d. Truck hauling and/or tow storage yard;
e. Vehicle sales;
f. Cabinet making;
g. Manufacturing and/or related storage;
h. Kennel or stable;
i. Wholesale or retail sales;
j. Restaurants/drinking establishments;
k. Metal plating;
l. Any use generating, storing or utilizing hazardous waste;
m. Commercial limousine service.
13. Hours of Operation. Normal hours of operation shall be 7:00 a.m. to 8:00 p.m. with after-hours activity permitted if wholly indoors and fully compliant with the off-site impact standards of VMC 20.935.030 and Table 20.935.030-1 regarding maximum permissible noise levels. (Ord. M-4402 § 3(V), 2023; Ord. M-4034 § 25, 2012; Ord. M-3931 § 28, 2009; Ord. M-3643, 2004)
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Purpose. The purpose of this chapter is to establish criteria for the placement of manufactured homes in developments within the city in a manner that encourages a full-range of housing types and protects the integrity of existing neighborhoods. (Ord. M-3709 § 12, 06/20/2005; Ord. M-3643, 01/26/2004)
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Manufactured Home Developments established prior to the effective date of this ordinance are exempt from the development standards of VMC 20.410.050(F) and 20.420.050(G) and may continue to exist and expand within existing boundaries subject to the development standards of this section. Replacement/relocation of units is allowed between and within any existing approved Manufactured Home Development. (Ord. M-3709 § 13, 06/20/2005; Ord. M-3643, 01/26/2004)
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A. Locational requirements. The following criteria must be taken into consideration in the expansion of existing manufactured home developments:
1. Adequate buffering or screening may be required in order to make the manufactured home development compatible with its adjacent surrounding residential uses. Buffering and screening shall be required when such developments are adjacent to commercial and manufacturing zones.
2. Expansions within the approved manufactured home development boundaries shall provide for extensions of future streets as required by the comprehensive plan.
B. Site Requirements.
1. Area.
a. Manufactured home sites. A manufactured home shall not occupy more than 65% of a site area.
b. Setbacks. No manufactured home or accessory thereto shall be located any closer than 25 feet from the property line abutting on a public street or road, 5 feet from all other property lines and 5 feet from any such areas as a street, a common parking area, or a common walkway.
c. Spacing. A manufactured home shall be separated from an adjoining manufactured home by a minimum of 10 feet.
d. Overnight spaces. Not more than 5% of the total manufactured home development area may be used to accommodate persons wishing to park their manufactured home or camping vehicles overnight.
e. Manufactured home development streets and walkways.
1. Streets. A street shall connect each manufactured home lot to a public road. The park street shall be specified in Title 11 Streets and Sidewalks.
2. Walkways. Walkways of not less than 2 feet in width shall be provided from each manufactured home site to any service building, recreation area, and parking area.
3. Paving. Streets shall be paved with asphalt, concrete or other durable material.
f. Parking space requirements. Two off-street parking spaces shall be provided for each manufactured home site, either on the site or within 100 feet thereof, in the manufactured home development, which shall not be less than 9' x 18' in size per space.
g. Buffering or screening. Buffering or screening is required to make the manufactured home development compatible with its adjacent surrounding uses, shall be a sight-obscuring fence, masonry wall, evergreen hedge or other suitable planting. Where walls or fences are required along boundaries or public roads, the walls or fences shall set back from the property lines to conform with setbacks for structures in base zoning district. Evergreen planting shall not be less than 5 feet in height, and shall be maintained in a healthy living condition for the life of the manufactured home development.
h. Landscaping. A manufactured home development shall be landscaped in compliance with the requirements in Chapter 20.925 VMC, Landscaping.
i. Other site requirements.
1. Recreational area. A recreational area shall be a contiguous, improved area, and be suitably maintained for recreational purposes. Such land shall be determined on a gross area basis. The amount of land to be established as recreational shall be determined by dividing the number of dwelling units by the gross development area. The following minimum areas shall be required as illustrated in Table 20.880.030– 1.
Table 20.880.030– 1 Minimum Required Recreational Area | |
|---|---|
Dwelling Units per Gross Area | Recreational Area Required |
5-6 | 0% |
7-9 | 3% |
10-11 | 5% |
12 and over | 8% |
2. Accessories. Structures located on a manufactured home site, in addition to the manufactured home, shall be limited to the following: covered patios and carports; decks and storage buildings. No other structural additions shall be built onto or become part of any manufactured home, and no manufactured home shall support any building in any manner.
3. Manufactured home pads. Pads, stands, strips or rails adequate for the support of the manufactured home shall be installed.
4. Manufactured home skirting. All manufactured homes within the manufactured home development shall be skirted on its lower perimeter by a fire-resistant siding, if occupied for a period of more than 90 calendar days. (Ord. M-3709 § 14, 06/20/2005; Ord. M-3643, 01/26/2004)
Performance Bond. The Planning Official may require the posting of a bond or other assurance to ensure that all roadways, electrical work, plumbing, landscaping and other improvements required as a condition(s) of approval are constructed to the appropriate standard within the appropriate time frame, as governed by VMC 20.909 Escrow and Assurances. (Ord. M-3643, 2004)
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The purpose of this chapter is to establish zoning regulations that provide for state licensed recreational and medical marijuana land uses consistent with state law under Title 69 RCW, and subject to requirements of Chapter 314-55 WAC, adding additional local standards to address potential public health, safety and welfare considerations (Ord. M-4169 § 3, 06/27/2016; Ord. M-4071, Added, 03/03/2014, Sec 3 – Effective 3/9/2014)
A. A marijuana retail, processing, or production business shall not be located on parcels located within one thousand feet of parcels containing any of the following uses, as officially defined in WAC 314-55-010. The distance shall be measured as the shortest straight line from property line to property line, as set forth in WAC 314-55-050(10).
1. Elementary or secondary school, public or private;
2. Playground, publicly managed;
3. Recreation center or facility, providing a broad range of activities intended primarily for minors and managed by a public or charitable nonprofit entity;
4. Child care facility, licensed by the Department of Early Learning providing child care regularly for less than 24 hours;
5. Public park, having facilities for active or passive recreation, exclusive of trails;
6. Public transit center where several transit routes converge;
7. Library; or
8. Game arcade where admission is not restricted to persons age 21 and older.
B. Retail marijuana retail business shall not be located within 300 feet of other state-licensed marijuana retail business, as measured from property line to property line as specified in subsection A of the section.
C. A marijuana retail business is permitted only in the GC (General Commercial) or CC (Community Commercial) zone districts as specified in VMC 20.430.030-1.
D. Marijuana production or processing businesses are permitted only in the IL (Light Industrial) or IH (Heavy Industrial) as specified in VMC 20.440.030-1.
E. Marijuana businesses are not permitted as a home occupation under 20.860 VMC and shall not operate at a dwelling as defined by VMC 20.150.040A.
F. Retail marijuana businesses may not be located within any other businesses, and may only be located in buildings with other uses only if the marijuana business is separated by full walls and with a separate entrance. No more than one marijuana retail business shall be located on a single parcel.
G. Marijuana businesses shall not be located in a mobile structure. (Ord. M-4169 § 4, 06/27/2016; Ord. M-4071, Added, 03/03/2014, Sec 3 – Effective 3/9/2014)
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A. To operate within the City, each recreational marijuana business is required to have a current license issued by Washington State under the provisions of Chapter 314-55 WAC and a current business license issued by the City under the provisions of Chapter 5.04 VMC. No application for a business license for a marijuana business shall be accepted unless the applicant has a current license issued under Chapter 314-55 WAC.
B. A retail marijuana business shall not sell marijuana, marijuana-infused products, or marijuana paraphernalia or otherwise be open for business before 8 am or after 11:00 pm on any day.
C. For signage, marijuana retail, processing and production businesses shall be subject to the substantive requirements of Chapter 314-55-155 WAC and Chapter 20.960 VMC, whichever is more restrictive. No off-premises signage is permitted.
D. No more than twelve retail marijuana businesses shall be allowed within the city.
E. A marijuana business must take place within a fully enclosed secure indoor facility or greenhouse with rigid walls, a roof, and doors.
F. Marijuana businesses are subject to all applicable requirements of the Vancouver Municipal Code, including but not limited to the Building Code (Chapter 17.12 VMC) as now exists or may be amended.
G. Marijuana plants, products, and paraphernalia shall not be visible from outside the building in which the marijuana business is located.
H. Security. In addition to the security requirements in Chapter 315-55 WAC, during nonbusiness hours, all recreational marijuana producers, processors, and retailers shall store all useable marijuana, marijuana-infused product, and cash in a safe or in a substantially constructed and locked cabinet. The safe or cabinet shall be incorporated into the building structure or securely attached thereto. For useable marijuana products that must be kept refrigerated or frozen, these products may be stored in a locked refrigerator or freezer container in a manner approved by the Planning Official, provided the container is affixed to the building structure.
I. Marijuana businesses are subject to all applicable requirements of Title 69 RCW and Chapter 314-55 WAC and other state statutes, as they now exist or may be amended.
J. Marijuana businesses shall incorporate odor control technology and provisions, and ensure that emissions do not exceed Southwest Washington Clean Air Agency regulations, including but not limited to those specified for odors at 400.040(4). (Ord. M-4169 § 5, 06/27/2016; Ord. M-4156 § 2, 02/01/2016; Ord. M-4149 § 2, 12/29/2015; Ord. M-4071, Added, 03/03/2014, Sec 3)
The City of Vancouver finds that production or processing of marijuana or marijuana infused products or storage or growing of plants in residences, pursuant to RCW 69.51A, that can be readily seen by normal unaided vision, or readily smelled, from a public place or private residence shall constitute a nuisance for enforcement purposes. (Ord. M-4169, Added, 06/27/2016, Sec 6)
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Violations of this Chapter shall be subject to enforcement action as provided in the Uniformed Controlled Substances Act, Title 69 RCW. In addition, violations of this Chapter shall be subject to the enforcement provisions set forth in VMC Chapter 20.140. (Ord. M-4147 § 4, 12/07/2015; Ord. M-4071, Added, 03/03/2014, Sec 3)
No use that constitutes or purports to be a marijuana producer, marijuana processor, or marijuana retailer, as those terms are defined in this ordinance, that was engaged in that activity prior to the enactment of this ordinance shall be deemed to have been a legally established use under the provisions of the Vancouver Municipal Code and that use shall not be entitled to claim legal non conforming status. (Ord. M-4071, Added, 03/03/2014, Sec 3)
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This chapter shall not supersede rights and obligations under Washington law for individual medically authorized users to grow marijuana for their use on private property, or designate individual parties to do so on their behalf pursuant to RCW 69.51A as amended in SSSB 5052 Section 27. Unless otherwise specified by state law: (a) No medically authorized user shall grow more than the number of marijuana plants specified on their recognition card up to a maximum of 6 medically authorized marijuana plants; (b) No more than 15 medically authorized marijuana plants may be grown, processed or possessed in a housing unit with multiple medically authorized marijuana user residents and (c) no portion of these activities may be seen by normal unaided vision, or smelled, from a public place or private housing residence. (Ord. M-4187, Repealed & Replaced, 12/05/2016, Sec 9; Ord. M-4169, Added, 06/27/2016, Sec 7)
A. General. The purpose of this chapter is to provide an administrative approval process whereby the city may permit uses to locate with the city on an interim basis without requiring full compliance with the development standards for the applicable zoning district, or by which the city may allow seasonal or transient uses not otherwise permitted.
B. Respect for base zoning districts. It is not the intent of this chapter to provide a means to circumvent the strict application of the permitted uses in the base zoning districts. Time limits are to be strictly enforced.
C. Location. All temporary uses addressed in this section shall be located outside of the public right-of-way. (Ord. M-4402 § 3(W), 2023; Ord. M-3643, 2004)
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A. Seasonal or special events. This type of temporary use includes seasonal or special events which involve the placement of tents, canopies, membrane structures or storage containers.
B. Unforeseen/emergency situations. This type of temporary use is one for which there is a need because of an unforeseen event such as fire, windstorm, flood or other event deemed by the planning official to be an emergency situation.
C. Temporary use in commercial and industrial zones. This type of temporary use includes a temporary trailer or prefabricated building for use on any commercial or industrial zoned property within the city as a temporary commercial or industrial office or space associated with the primary use on the property.
D. The planning official may authorize a temporary use permit for a use not specifically listed above.
E. Exemptions. The following activities are exempt from the requirements of this chapter, but shall comply with other substantive requirements of this chapter, unless specifically noted otherwise:
1. Garage sale and yard sale lasting no longer than two days;
2. Christmas tree lots;
3. Temporary sales office or model home either in a housing unit or in another temporary building for the purpose of facilitating the sale of homes to prospective buyers in any subdivision or planned development within this city under a permit issued by the building department;
4. Storage of equipment during the construction of roads or development or job trailer associated with an active land use and/or building permit. (Ord. M-4402 § 3(W), 2023; Ord. M-3701 § 27, 2005; Ord. M-3643, 2004)
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A. Decision-making process. Temporary uses shall be reviewed by means of a Type I procedure unless waived by the planning official.
B. Effective period. An approval for a temporary use by the planning official shall be effective for a period of not more than one year unless otherwise stipulated by the approval or renewed pursuant to subsection D of this section, Renewal of approval.
C. Lapsing of approval. An approval for the temporary use by the planning official shall lapse if:
1. Substantial construction of the approved plan or onset of the approved activity has not begun within the approval period; or
2. Construction or activity on the site is a departure from the approved plan; or
3. The temporary use does not comply with approval criteria in VMC 20.885.050.
D. Renewal of approval.
1. General. A temporary use approval may be renewed no more than twice by the planning official for a period not to exceed one year each. The request for an extension shall be processed by means of a Type I procedure, as governed by VMC 20.210.040. (Ord. M-4402 § 3(W), 2023; Ord. M-3959 § 39, 2010; Ord. M-3922 § 39, 2009; Ord. M-3643, 2004)
A. General submission requirements. The applicant for a temporary use shall submit the following information:
1. Application form (including property owner’s signature) provided by the planning official for a Type I procedure.
2. Site plan drawn to scale that illustrates the proposed temporary use in relationship to other improvements on the site and showing how such use is in compliance with applicable development standards (setbacks, lot coverage, etc.).
3. Narrative that provides the information necessary to determine compliance with the relevant approval criteria contained in VMC 20.885.050.
B. Emergency situations. The planning official may waive any of the requirements in this chapter for cases that involve destruction of an existing structure due to fire, natural causes or other circumstances that are beyond the control of the applicant. An emergency as allowed by this subsection shall not include failure by the applicant to submit a temporary use request as provided in this chapter. (Ord. M-4402 § 3(W), 2023; Ord. M-3643, 2004)
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A. The planning official shall approve a request for temporary use permit if the application satisfies the following criteria:
1. The temporary use will not be materially detrimental to the public health, safety or welfare, nor injurious to property or improvements in the immediate vicinity;
2. The applicant has proof of the property owner’s permission to place the temporary use on the property;
3. There will be no parking utilized by the customers and employees of the temporary use which is needed by the property owner to meet the minimum parking requirements, as governed by VMC 20.945.070, Minimum Off-Street Parking Requirements;
4. The temporary use will not interfere with adequate vision clearance, as governed by Chapter 20.985 VMC, Vision Clearance, and shall not obstruct pedestrian access on public rights-of-way;
5. Conditions may be required by building official and/or fire marshal to determine compliance with minimum building, fire and life safety codes; and
6. Adequate provisions for trash disposal and sanitary facilities shall be provided.
7. The use will not create adverse off-site impacts including noise, odors, vibrations, glare or lights which will affect the adjoining uses as governed by Chapter 20.935 VMC, Off-Site Impacts.
8. The use can adequately be served by sewer or septic system and water, if applicable.
9. For seasonal and special events, the event occurs for no longer than 30 days in a calendar year on the approved event site. (Ord. M-4402 § 3(W), 2023; Ord. M-4254 § 3(KK), 2018; Ord. M-3922 § 40, 2009; Ord. M-3701 § 28, 2005; Ord. M-3643, 2004)
A. Purpose. In addition to accomplishing the general purposes of the Comprehensive Plan and Title 20, the purpose of this chapter is to set forth the regulations for the placement, development, permitting, and removal of wireless communications facilities, including support structures and antennas. The purposes of this ordinance are to:
1. Minimize the adverse visual, aesthetic and safety impacts of wireless communications facilities or residential districts and on the community as a whole.
2. Establish clear and objective standards for the placement, design and continuing maintenance of wireless communications facilities,
3. Ensure that such standards allow competition and do not unreasonably discriminate among providers of functionally-equivalent services.
4. Encourage the design of such facilities to be aesthetically and architecturally compatible with the surrounding built and natural environments.
5. Encourage the location of wireless communications support structures in nonresidential areas.
6. Encourage the collocation or attachment of wireless communications antennas on existing support structures or to help minimize the total number and impact of such structures throughout the community. (Ord. M-3643, 2004)
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A. Exemptions. The requirements of this chapter shall apply to all new wireless communications facilities and the expansion and/or alteration of any existing facilities within the city of Vancouver, subject to the following exemptions:
1. Satellite earth stations using antennas not more than two meters in diameter in commercial and industrial districts and direct-to-home satellite services using any size antenna in any district.
2. Send-and-receive citizen band radio antennas operated by federally licensed amateur (ham) radio operators.
3. Industrial, scientific and medical equipment as regulated by the FCC in 47 CFR Part 18.
4. Military and government radar antennae and associated communication towers used for navigational purposes as regulated by the FCC by 47 CFR Parts 97 and 95 respectively:
a. Military and federal, state and local government communications facilities used for emergency preparedness and public safety purposes; and
b. Normal, routine and emergency maintenance and repair of existing wireless communications facilities which do not increase the size, footprint or bulk of such facilities and which otherwise comply with city, state and federal law and regulations.
B. Process Type. All permitted attached antennas and collocations require a Type I building permit. All other permitted uses shall require a Type II permit. Any wireless communications facilities not otherwise permitted or prohibited shall require a conditional use permit.
C. General development standards. Those wireless communication facilities which require a conditional use permit to be located in the applicable zoning district are subject to the general development standards of VMC 20.890.040; the specific approval criteria of VMC 20.890.080; and the general conditional use approval criteria contained in Chapter 20.245 VMC governing conditional uses.
D. BPA Transmission Lines. BPA transmission towers and municipal water towers shall be considered wireless support structures for the purposes of collocations. (Ord. M-3959 § 40, 07/19/2010; Ord. M-3643, 01/26/2004)
Nonconforming activity. Wireless communications uses and structures in existence as of 12/21/98 which are nonconforming as to the use or development standards of this ordinance shall be subject to the provisions of Chapter 20.930 VMC, Nonconforming Situations, except that new antennae may be permitted to collocate on pre-existing wireless communication support structures subject to the development standard contained in Section 20.890.040 VMC. (Ord. M-3643, 2004)
Development standards. The following minimum development standards shall apply to all wireless communications facilities in addition to any development standards that apply in the underlying zoning district in which a wireless communication facility is located and/or additional requirements in any conditions of approval attached to a conditional use approval. In the event of a conflict between the standards of this section and other applicable development standards of this title, the more stringent standards shall govern.
A. Anti-climbing devices. All wireless communications support structures and required fencing shall be equipped with appropriate anti-climbing devices.
B. Attachment to trees prohibited. It is prohibited to attach any wireless communications facility or portion thereof to any tree.
C. Signs. All wireless communications support structures shall be identified with a nonilluminated sign not exceeding four square feet. The sign shall list the wireless service provider’s name and emergency telephone number and shall be posted in a place visible to the general public.
D. Historical registry/district. Wireless communications facilities locating on any site or existing building that is on a historic register or in a historic district shall be subject to the applicable design standards prescribed by the local, state or federal agency with jurisdiction over such register or district.
E. Lighting. Wireless communications facilities shall not be illuminated except where required by the FAA, or the Washington Department of Transportation, Aeronautics Division.
F. Painting. Wireless communications facilities shall be painted or finished in a manner that blends with the dominant background, except where otherwise required by the FAA or Washington Department of Transportation, Aviation Division. The applicant and the operator of the facility shall have a continuing duty to maintain such paint or finish.
G. Setbacks. The following setback standards shall apply to wireless communications facilities:
1. Accessory equipment structures and wireless communications support structures which are attached to existing buildings or other permanent structures shall comply with the setback requirements for the underlying district.
2. Free-standing wireless communications support structures located in any district shall be set back from any property line of an abutting residential use or district by a distance equal to the height of the wireless communications support structure, or the setback of the underlying district, whichever is greater.
3. Setbacks for free-standing wireless communications support structures shall be measured from the ground-level base of the structure.
4. The setback in any district may be reduced by means of a Type I review if the applicant can demonstrate that:
a. Reduction in the setback increases the screening opportunities between the facility and abutting residential and other uses, for example, by placement behind tall trees, in tree groves, behind buildings or near other tall elements; and
b. The reduction in setback allowed is the minimum required to achieve increased visual screening of the facility from abutting residential uses.
H. Landscaping standards. Wireless communications facilities in residential and commercial districts shall be subject to the following landscaping and screening standards:
1. The perimeter of the wireless communication support structure and any guy wires and anchors shall be enclosed by a fence or wall per requirements contained in Chapter 20.925 VMC, Landscaping.
2. Within the required setback, the applicant shall provide landscaping to include: at least one row of evergreen shrubs spaced not more than five feet apart and capable of growing to form a continuous hedge at least five high within five years of planting, and evergreen trees or shrubs, spaced not more than 15 feet apart or less than four feet high when planted.
3. Landscape materials shall be selected and sited to produce a hardy and drought-resistant landscape area and approved by the planning official or his designate.
4. Maintenance of the landscaped area shall be the responsibility of the applicant and/or operator of the facility. Required landscaping must be maintained in a healthy condition. Trees and shrubs that die must be replaced with healthy materials of the same or similar species and same size to the extent practicable.
5. Temporary irrigation shall be provided to help ensure survival during the critical establishment period.
6. The planning official or his designate may allow the use of landscaping and screening other than that described in subsections (H)(1) and (H)(2) of this section if the applicant shows the proposed landscaping and screening will achieve at least the same degree of screening provided pursuant to those subsections when viewed from off-site public areas and residences.
I. Height standards. The following standards shall apply to wireless communications facilities:
1. The height of a wireless communications facility shall include the support structure and any attached antennae proposed at the time of application.
2. The maximum height of wireless communications support structures and their antennae shall meet the maximum height standards of the underlying zone, except that all new support structures or attached antennae that exceed 100 feet in overall height in any zoning district shall require a Type III conditional use permit.
a. A lightning rod, not to exceed 10 feet in height, or FAA-required lighting shall not be included within the height limitations;
b. Antennas or equipment shelters that are mounted on existing buildings or structures, or other wireless communications support structure or collocated facilities, in residential, commercial and industrial districts are exempt from the height restrictions of the underlying zone, but shall be no more than 15 feet taller than the existing building or structure on which the antennas are mounted.
3. The height limitation exemptions contained in Chapter 20.910 VMC, Exceptions and Interpretations, shall not apply to wireless communications support structures and antennas.
J. Parking. Each site for a wireless communications support structure shall designate one adjacent parking space. An existing parking space on a parent site may be utilized to meet this standard.
K. Dispersal. (Reserved)
L. Access. Whenever possible, vehicular access to the facility shall be incorporated into the existing driveway of a site.
M. Insurance. Liability insurance in an amount not less than $1,000,000 shall be maintained by the owner and operator of the facility until such facility is dismantled and removed from the parent site. Failure to maintain insurance coverage shall constitute a violation of this chapter and grounds for revocation of a permit.
N. Performance bond. The applicant or facility operator of the facility shall obtain and keep in force throughout the time the facility is located on the site a performance bond payable to the city in the amount of not less than $1,000 or such other greater amount as found by the planning official or his designate to be, to cover the estimated reasonable costs of removal of such facility by the city if required pursuant to VMC 20.890.110; these include direct and administrative costs associated with demolition, dismantling, removal and disposal of the facility by the city or its contractor. The bond shall be reviewed by the planning official or his designate every five years to ensure that it is sufficient to cover the costs of removal. Additionally, the applicant or facility operator shall post a separate bond for a two-year period following issuance of approval for the facility, in the amount of not less than $1,000 or such greater amount as found by the planning official or his or her designate to be sufficient to cover the cost of maintaining landscaping and/or screening of the facility.
O. Building and utility permits. The applicant for a permit pursuant to this chapter shall submit an application, plans, specifications and all other materials to obtain a building permit and any applicable utility permits. Such permits may be applied for either concurrently or after approval of other permits required by this chapter. Submittal requirements for attached antennas and collocations are subsection M of this section, liability insurance; subsection N of this section, Performance Bond; and a lease agreement.
P. Screening. For new support structures and accessory equipment to be located in any district other than industrial districts, visual impacts must be mitigated to the greatest extent practicable by using stealth design, camouflage or screening, including but not limited to: fencing, landscaping, strategic placement adjacent to existing buildings or existing vegetation, placement of accessory equipment structures underground, and/or incorporation of wireless facilities into the architectural features of existing buildings or structures. Mitigation may also include design compatibility with key elements in the surrounding area, such as: use of brick or other material similar to that used in adjacent buildings or structures; visually blending of support structures with compatible architectural features such as flag poles, bell towers or cornices; or use of existing vegetation to camouflage support structures.
Q. Replacement of existing structures. A wireless communications support structure may be permitted by means of a Type I procedure as governed by VMC 20.210.040, subject to the standards in the underlying zoning district, except where otherwise noted in the use provisions of this chapter, if it replaces an existing pole, light standard, telecommunications pole or other pole-like structure of the same or greater height, and is not more than twice the same circumference of the pole being replaced, and the antennas attached to such monopole otherwise meets the applicable standards of this section.
R. Collocation evaluation study. An applicant’s collocation study shall consist of a report that includes the following:
1. Identification of other wireless communication sites within the search ring for the proposed wireless facility, based on the city’s database or contact with other providers.
2. Certification from a qualified radio engineer indicating whether the necessary service is technically feasible if provided by collocation on the other provider’s site.
3. A response from the owner/lessor of the site(s) identified by the other provider(s), who either agrees or disagrees to collocation on their property; and/or lease agreement.
4. An evaluation of access and site area at the possible collocation site(s) identified.
S. Aviation criteria. Any proposed telecommunication device, structure or object shall be reviewed to ensure that it does not penetrate any of the airspace surfaces on or near a public or private airport; if such airspace is obstructed, the permit shall be denied. Special attention shall be given to the following:
1. Approach surface. Land lying beneath the approach surface which extends outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the runway end.
2. Transitional surface. The transitional surface begins at the runway end and on either side of the runway surface and slopes upward and outward at a 7:1 slope meeting the horizontal surface at 150 feet above the elevation of the airport.
3. Horizontal Surface. The horizontal surface begins by swinging arcs of 5,000 feet from the center end of the runway surface creating an elongated oval above the runway. The height of the horizontal surface is 150 feet above the elevation of the airport.
4. Conical Surface. The conical surface begins at the edge of the horizontal surface and extends upward and outward for a distance of 4,000 feet at a slope of 20:1 with an initial elevation of 150 feet above the airport elevation. (Ord. M-3643, 01/26/2004)
Temporary wireless communications facilities. Wireless communications facilities may be permitted as a temporary use with review by the Planning Official or his designate in order to facilitate continuity in wireless communications service during repair or maintenance of existing wireless communications facilities or for testing purposes prior to completion of construction of new wireless communications facilities. Temporary wireless communications facilities shall operate for not more than 60 days within a six- month period commencing when transmission from such facility begins. The wireless communications facility shall be removed within 30 days after the facility is no longer needed for telecommunications purposes. Such temporary permits shall be subject to the insurance and bonding requirements of Section 20.890.040(N) VMC.] (Ord. M-3643, 2004)
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A. In lower-density residential districts. Wireless communications facilities in lower-density residential districts, (i.e., R-2, R-4, R-6 and R-9) are regulated as follows:
1. Lattice tower support structures, and new or replacement monopole support structures are prohibited.
2. Antennae are prohibited on attached and detached single-family dwellings and on their accessory structures.
3. Antennae and micro-cell facilities to be attached to multi-family or nonresidential structures require a conditional use permit except when collocating on an existing wireless communications facility.
B. In Higher-density residential districts. Wireless communications facilities in higher-density districts, (i.e., R-18, R-22, R-30 and R-35) are regulated as follows:
1. Lattice tower support structures and new or replacement monopole support structures are prohibited.
2. Antennae are prohibited on attached and detached single-family dwellings or on their accessory structures.
3. Antennae and micro-cell facilities to be attached to multi-family or nonresidential structures require a conditional use permit, except when collocating on an existing wireless communications facility.
C. In commercial districts. Wireless communications facilities in commercial districts (i.e., CN, CC, CG, CX, HX and WX) are regulated as follows:
1. Lattice tower support structures are prohibited on the site of attached and detached single-family dwellings, and otherwise require a conditional use permit on the site of all other uses. Lattice tower support structures are prohibited in the HX district.
2. Monopole support structures are prohibited on the site of existing attached and detached single-family uses in all commercial districts and within the HX district.
3. Monopole support structures are permitted in CN districts, on the roof of multi-family and nonresidential uses, if the criteria in VMC 20.890.040(Q) for replacement are met.
4. Monopole support structures and their associated accessory equipment structures and antennas otherwise require a conditional use permit in the CN, CC, CG, CX, WX and A districts. Monopole support structures and their accessory equipment structures and antennas are not permitted in the HX district. Furthermore, within the Airport Height Overlay District the provisions of Chapter 20.570 VMC for Pearson Airpark shall apply.
5. Antennas are prohibited on attached and detached single-family dwellings. Antennas and micro-cell facilities are permitted on multifamily residential dwellings and nonresidential structures within such districts subject to the general development standards of VMC 20.890.040.
D. In the CPX District. Wireless communications facilities in the Vancouver Central Park (CPX) District are regulated as follows:
1. Wireless communications support structures are prohibited.
2. Antennae and micro-cell facilities are permitted to be attached to nonresidential structures only within the following conservation districts: 1) Education and Recreation, 2) Social and Health, and 3) Historic Reserve, subject to the general development standards of VMC 20.890.040.
E. In industrial districts. Wireless communications facilities in industrial districts are regulated as follows:
1. Wireless communications facilities are permitted on industrial, commercial and multi-family residential uses in industrial districts. New lattice and monopole support structures, attached antennae and collocated antennae shall not be placed on attached or detached single-family uses or within the setback of the parent parcel on other uses unless the applicant demonstrates that such placement meets the standards of Section 20.890.040(G) VMC.
2. Monopole support structures are permitted on industrial, commercial and nonresidential uses within the industrial districts, if the criteria in Section 20.890.040(Q) VMC for replacement are met. Replacement poles on single-family uses require a conditional use permit.
F. In open space districts. Wireless communications facilities in the open space districts, (i.e., GR and NA) are regulated as follows:
1. Monopole support structures are permitted subject to the replacement standards of Section 20.890.040(Q) VMC, except that replacement poles on attached or detached single- family uses require a conditional use permit.
2. Wireless communications support structures otherwise require a conditional use permit on residential and nonresidential uses within such districts.
3. Antennae and micro-cell facilities must comply with the general development standards of Section 20.890.040 VMC. (Ord. M-4341 § 3 (Exh. B), 2021; Ord. M-3959 § 41, 2010; Ord. M-3922 § 41, 2009; Ord. M-3840 § 36, 2007; Ord. M-3730 § 30, 2005; Ord. M-3643, 2004)
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A. Preapplication conference. Preapplication conferences are required for all proposed wireless facilities except for collocated antennae proposed on existing support structures, pursuant to VMC 20.210.080.
B. Preapplication conference application requirements. In addition to the requirements of VMC 20.210.080 and the preapplication form provided by the community development department, the applicant shall submit a graphic representation of the search ring for wireless communication services proposed, and a narrative describing how the proposal complies with the development standards of VMC 20.890.040.
C. Permit application requirements. In addition to the requirements of Chapter 20.210 VMC, the applicant shall, unless otherwise waived by the planning official or designate for good cause shown, provide the following:
1. Siting/collocation arrangements. A copy of the applicant’s collocation evaluation study, as required by VMC 20.890.040(R) or a valid agreement for collocation of the wireless communication facility on an existing building or support structure of another wireless services provider.
2. Visual impact simulation. A graphic simulation of the proposed facility from not less than three perspectives, one of which shall be from ground level from any abutting residential property or the nearest public right-of-way.
3. Available sites map. A map showing the service area of the proposed facility and a written explanation of the need for that facility, relative to existing facilities available within the search ring.
4. A report from a qualified licensed engineer documenting:
a. The anticipated capacity of the support structure, including the number and types of antennas which can be accommodated; at a minimum, the structure must be designed to accommodate at least two wireless antenna installations.
b. A projection of the wireless communication facilities within the coverage area of the facility proposed, that can be reasonably anticipated to be sited during the next five years.
c. A summary of findings that support the need for the facility at the location proposed.
d. The facility complies with all applicable standards of the FAA and FCC, including RF energy standard.
D. Permit issuance. Prior to the issuance of a building permit, the applicant shall provide the following:
1. A copy of the applicant’s license issued by the FCC.
2. A copy of the findings from the FAA’s aeronautical study determination regarding the proposed support structure.
3. In the case of a leased site:
a. The applicant shall demonstrate that the lease agreement does not preclude the site owner from entering into leases of the site with other providers; and
b. Completion of a land division, in accordance with the provisions of Chapter 20.300 VMC, governing land divisions and binding site plans and the state subdivision law, Chapter 58.17 RCW. (Ord. M-4402 § 3(X), 2023; Ord. M-4289 § 4, 2019; Ord. M-4147 § 4, 2015; Ord. M-3643, 2004)
A. Application for new wireless site. In the case of an application for use of a new site for wireless communications facilities, that all reasonable opportunities to collocate the facility, or to locate the facility on an existing building or structure have been exhausted by the applicant and are not feasible.
B. Application for lattice tower outside an industrial zone. In the case of an application for a lattice tower in other than an industrial district, that there is no feasible alternative to use of a lattice tower at the proposed site, or within the search ring for provision of wireless communications services.
C. Application for wireless site in residential zones. In the case of an application to locate a wireless communications facility in any residential district on property used for nonresidential uses, such nonresidential use is at the time of such application, a permitted or conforming use within the residential district.
D. Application for wireless facility exceeding 100'. If the wireless facility proposed would be in excess of 100 feet in height, that a structure of lesser height or another location at higher elevation is not feasible.
E. Visual impact mitigation.
1. That visual impacts have been mitigated to the greatest extent possible by using camouflage or screening, including but not limited to: fencing, landscaping, strategic placement adjacent to existing buildings or existing vegetation, placing accessory equipment structures underground, incorporating facilities into the architectural features of existing buildings or structures. Mitigation may also include design compatibility with key elements in the surrounding area, such as use of brick or other material similar to that used in adjacent buildings or structures; visually blending support structures with compatible architectural features such as flag poles, bell towers or cornices; or using existing vegetation to camouflage support structures.
2. That the location for a wireless communication facility has been chosen so as to minimize the visibility of the facility to residentially-zoned land, and to minimize the obstruction of scenic views from residentially-zoned land. (Ord. M-3643, 2004)
A. Expiration of permits. Any permit for a wireless communication support structure shall expire if all providers using a support structure cease using it for wireless communications systems for more than 12 continuous months.
B. Period of review. Any permit for a wireless communications support structure issued pursuant to this ordinance shall be reviewed after 10 years from effective date of the permit approval. Such review shall be initiated by the applicant within 30 days of the 10-year period, and completed by the city within the timelines established for ministerial review of land use permits. The wireless communications facility shall be reviewed for compliance with the ordinance in effect at the time of review, and in particular, to determine if opportunities for replacement with "stealth" technology or micro-cell antennae are technologically feasible. If stealth or micro-cell antennae are feasible for the site, then these antennae shall be utilized as a replacement, and the existing support structure removed. (Ord. M-3643, 2004)
A. Compliance with federal regulations and penalties. All wireless communications support structures must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the federal government with the authority to regulate wireless communications support structures and antennae. If such standards and regulations are changed, owners of the wireless communication support structure, antennae and electronic equipment governed by this ordinance shall bring such wireless communication support structure, antennae and electronic equipment into compliance with such revised standards and regulations within the compliance schedule of the federal agency. Failure to bring wireless communications support structures and antennae into compliance with such revised standards and regulations shall constitute grounds for the removal of the wireless communication support structure, antenna or electronic equipment at the owner’s expense.
B. Required environmental assessment. The owners of such wireless communications support structures, antennae and electronic equipment shall provide the city with copies of all environmental assessments (EAs) required to be submitted to the FCC or FAA regarding locations within the city simultaneously with any filing with the federal agencies pursuant to 47 CFR Part I. (Ord. M-3643, 2004)
Criteria for antenna removal. Any antenna or wireless communications support structure that is not operated for wireless communications for a continuous period of 12 months, shall be removed by the owner of the property on which the support structure or antenna is situated, or by the owner or lessee of the support structure or antenna within 90 days of receipt of notice to remove from the city. If the antenna and/or support structure is not removed within said 90 days, the city may remove the antenna or support structure at the owner’s expense. If there are two or more wireless communications providers collocated on a single support structure, this provision shall not become effective until all providers cease using the wireless communication facility for a continuous period of 12 months. (Ord. M-3643, 2004)
Reasons for periodic review. The city recognizes that communication technologies are subject to rapid change. Future innovations may result in reducing the impacts of individual facilities and render specific portions of this ordinance obsolete. Periodic review and revision of this ordinance shall occur at least every five years thereafter or more frequently at the request of the Planning Commission, City Council or the City Manager. (Ord. M-3643, 2004)
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Summary of wireless communication facility regulations. The table below is a summary of the regulation of wireless communications facilities in the zoning districts, as authorized in Chapter 20.890 VMC. In the event of a discrepancy between the table and the ordinance language of this chapter, the ordinance language shall control.
Table 20.890.130-1 Wireless Summary Table | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
Monopole (New) On | Replace with Monopole1 | Attached Antenna On | Height | |||||||
Zone District | Lattice Tower | SF | MF | N/RES | MF | N/RES | SF | MF | N/RES | |
R-2 – 9 | X | X | X | X | X | X | X | C | C4 | - |
R-18 – 35 | X | X | X | X | X | X | X | C | C4 | 35 |
CN | C | X | C | C | P | P | X | P | P | 35 |
CC | C | X | C | C | P | P | X | P | P | 50 |
CG | C | X | C | C | P | P | X | P | P | - |
CX | C | X | C | C | C | C | X | P | P | See Note5 |
MX | C | C | C | C | C | C | X | P | P | 65* |
WX | C | C | C | C | C | C | X | P | P | 605 |
HX | X | X | X | X | X | X | X | P | P | See Note5 |
OCI | C | C | C | C | P | P | X | P | P | 72 |
IL | P | X | P | P | P | P | X | P | P | 455 |
IH | P | X | P | P | P | P | X | P | P | - |
NA | C | C | C | C | P | P | X | C | P | 35 |
GW/VL GW/LF | C | C | C | C | P | P | X | C | P | See Note5 |
CPX/H2 | X | X | X | X | X | X | X | X | X | See Note2 |
CPX3 | X | X | X | X | X | X | X | X | P | See Note2 |
1Replacement of an existing pole, light standard, telecommunications pole or other pole-like structure by a monopole of the same or less height, and not more than twice the same circumference of the pole being replaced. (20.890.040(Q) VMC)
2Vancouver Central Park Plan District VMC 20.640.040, Historic Reserve Conservation District.
3Vancouver Central Park Plan District, VMC 20.640.050, Education and Recreation Conservation District, or VMC 20.640.060 Social & Health Services Conservation District, as applicable.
4Subject to 20.890.060 (A)(3) VMC and 20.890.060 (B)(3) VMC.
5See underlying zoning district for further clarification.
Key:
P – Permitted (subject to development standards)
C – Conditional Use
X – Prohibited
Additional Notes:
Collocation on an existing, legally established wireless support structure is permitted in all districts.
All new support structures over 100 feet in height require a Conditional Use Permit.
(Ord. M-4341 § 3 (Exh. B), 2021; Ord. M-3959 § 42, 2010; Ord. M-3891 § 10, 2008; Ord. M-3840 § 38, 2007; Ord. M-3730 § 31, 2005; Ord. M-3701 § 29, 2005; Ord. M-3643, 2004)
Purpose. In addition to other standards and requirements imposed by this Title, all uses included in this Chapter shall comply with the provisions stated below. Should a conflict arise between the requirements of this Chapter and other requirements of this Title, the more restrictive provision shall control. (Ord. M-3643, 2004)
A. Defined. The development standards in subsection B of this section apply to any facility that falls within the use classification for animal kennels/shelters, pursuant to VMC 20.160.020(E)(3) as reviewed during site plan review, as governed by Chapter 20.270 VMC.
B. Site requirements. Where allowed, kennels and shelters shall be located not less than 50 feet from any property line. Kennels providing adequate soundproofing pursuant to the off-site noise provisions of Chapter 20.935 VMC may have said setback wholly or partially waived to no less than the extent of any main or accessory building setbacks as may also be applicable. Such facilities shall provide automobile and truck ingress and egress; and shall also provide parking and loading spaces so designed as to minimize traffic hazards and congestion. Applicants shall demonstrate compliance with all of the requirements of Chapter 20.935 VMC, Off-Site Impacts, and Chapter 8.24 VMC, Animals. Capacity shall be no more than 175 animals at one time; provided, that the animal control agent has the authority to limit proposed facilities to lower capacity levels where necessary to achieve full compliance with all applicable standards. Dog day care activities within kennels shall comply with Chapter 20.850 VMC, except that limits on the number of dogs shall be as specified herein. (Ord. M-4418 § 2(c), 2023; Ord. M-4254 § 3(NN), 2018; Ord. M-3643, 2004)
A. Defined. The development standards in subsections B and C of this section apply to any facility that falls within the use classification for Cemeteries, pursuant to VMC 20.160.020(E)(4) as reviewed during site plan review, governed by Chapter 20.270 VMC.
B. Access. A cemetery or related facility shall have its principal access on city arterial or road with ingress and egress designed so as to minimize traffic congestion as determined by the city engineer.
C. Landscaping. A cemetery shall establish and maintain a 15-foot landscape buffer along its entire perimeter except driveways, as governed by Chapter 20.925 VMC, Landscaping. (Ord. M-3643, 01/26/2004)
A. Defined. The development standards in Subsection (B) below shall apply to any facility that falls within the use category for Community Recreation, pursuant to Section 20.160.020(B)(3) VMC; and Social /Fraternal Clubs/Lodges, pursuant to Section 20.160.020(B)(13) VMC.
B. General requirements.
1. All buildings shall be set back a minimum of 30' from a side or rear lot line that abuts residentially-zoned property.
2. There shall be no external evidence of any incidental commercial activities taking place within the building. (Ord. M-3643, 2004)
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A. Defined. Domestic animals and livestock as defined per 20.150.040 are allowed for hobby and personal use purposes within all zoning districts subject to the standards in Subsections B – F below, in addition to any applicable requirements of VMC Section 8.20 (Nuisances) and 8.24 (Animals).
B. General Requirements.
1. Domestic Animals. The keeping of domestic animals shall comply with all requirements of this section and all requirements of VMC 8.20 and 8.24, as noted above.
2. Large Livestock. The keeping of livestock that will weigh more than 500 pounds at maturity requires a minimum lot size of one acre for the first animal. For each additional animal, an additional contiguous 10,000 square feet must be available. The minimum one acre lot may include a normally permitted residence, provided that at least 1/2 acre is still available for livestock use.
3. Small Livestock. The keeping of livestock that will weigh 100-500 pounds at maturity will require a minimum lot size of 1/2 acre for the first animal. For each additional such animal, an additional contiguous 5,000 square feet must be available. The minimum half acre lot may include a normally permitted residence, provided that at least ¼ acre is available for livestock use.
4. Miniature Livestock. Miniature livestock, such as certain breeds of mini-goats and mini-horses, that will weigh under 100 pounds at maturity are considered domestic animals. The combined total of all miniature animals and dogs on a single premises shall not be more than three, unless the lot size requirements for small livestock specified above are met.
5. Poultry and Rabbits. The keeping of chickens, ducks, geese, domesticated hare or rabbit, and similar animals is permitted with no required minimum lot size. No turkeys, peacocks, or roosters are permitted.
6. Livestock facilities. Barns, sheds, and shelters used to house livestock shall be located in the rear yard and meet the same side and rear yard setbacks as the primary residence. Doorways and other openings shall be oriented away from neighboring properties. Livestock shall be confined or tethered in such a manner that intrusion on to neighboring property or damage to neighboring landscaping and fences is avoided. Such facilities shall be included in lot coverage percentage calculations.
C. Exceptions to Swine Prohibition. Notwithstanding the above prohibition of swine, the keeping of that type of swine commonly referred to as Miniature Vietnamese, Chinese or Oriental pot-bellied pig (sus scrofa vittatus) is allowed, subject to the following conditions:
1. The maximum height of the swine may be no more than eighteen 18" at the shoulder and weight shall be no more than 95 pounds;
2. The swine must have been spayed or neutered prior to entry into the City;
3. Registration, vaccination and other requirements as set forth in Section 8.24.022 VMC must be met; and
4. No more than two such pigs shall be kept at any one address for any period in excess of three calendar days.
D. Lot size exceptions. The minimum lot size does not apply to miniature livestock, as addressed above in VMC 20.895.050(B)(4) or Miniature Vietnamese, Chinese or Oriental pot-bellied pig (sus scrofa vittatus), as defined above in VMC 20.895.050(C).
E. Off-site impacts. The keeping of domestic animals or livestock shall comply with all of the applicable requirements of Chapter 20.935 VMC, Off-Site Impacts.
F. Other Requirements.
1. The raising and keeping of animals is also subject to VMC Section 8.20 (Nuisances) and 8.24 (Animals).
2. The raising and keeping of domestic animals for commercial purposes is prohibited. Commercial purposes does not include incidental sale of livestock off-spring, milk, or eggs subject to Washington State health and agricultural regulations.
3. The keeping of four or more dogs, which are 5 months old or older constitutes a Kennel and must meet requirements of 20.895.020. Excludes veterinary clinics, animal hospitals and dog day care. (Ord. M-3959 § 43, 07/19/2010; Ord. M-3643, 01/26/2004)
A. Defined. The development standards in Subsection B – E below shall apply to any Indoor Target Shooting Range.
B. Criteria for building design and construction. Building design and construction shall provide the following:
1. Solid masonry or concrete on all walls in the shooting areas.
2. Trap construction to prevent bullet penetration and ricochet.
3. Sound baffling to assure noise levels not greater than 65 dBA at the property line.
4. Air ventilation and filtration system capable of removing dangerous levels of smoke and particulates.
C. Worker safety. Hearing protection devices shall be required for all persons exposed to noise levels above 75 dBA.
D. Air emission permit. Air emission permit shall be obtained from Southwest Clean Air Agency (SWCAA) prior to occupancy permit.
E. Noise. Baffling to assure noise levels do not exceed 60 dBA in the waiting area and 50 dBA in the office area. (Ord. M-3643, 2004)
A. Defined. The development standards in Subsection B – G below apply to any facility that falls within the use category for Motor Vehicle Fuel Sales, pursuant to Section 20.160.020(C)(5)(c) VMC and Motor Vehicle Servicing/Repair, pursuant to Section 20.160.020(C)(5)(b) VMC, as reviewed during site plan review, governed by Chapter 20.270 VMC.
B. Lot area and frontage. Minimum lot area shall be 10,000 square feet, with at least 100' frontage on a public street.
C. Surfacing. The entire area to be used for driveway, service or parking shall be surfaced with light bituminous macadam or better.
D. Repair work. All repair work shall be done within an enclosed building.
E. Buffer of adjacent property. A solid or woven fence or solid evergreen hedge, free of advertising, which is 6' in height, shall be maintained along property lines which abut residential districts.
F. Off-site impacts. The facility shall comply with all of the applicable requirements of Chapter 20.935 VMC Off-Site Impacts governing glare, noise, vibration, dust and heat.
G. Retail. Sale of merchandise shall be conducted within a building except for items used for the maintenance and servicing of automotive vehicles. (Ord. M-3643, 2004)
A. Defined. The development standards in Subsection B – C below apply to any facility that falls within the use category, pursuant to Section 20.160.020(E)(2) VMC, as reviewed during site plan review, governed by Chapter 20.270 VMC.
B. General requirements. All landing strips for aircraft or heliports shall be so designed and the runways and facilities so oriented, that the incidence of aircraft passing directly over dwellings during their landing or take-off patterns is minimized. They shall be located so that traffic shall not constitute a nuisance to neighboring uses. The proponents shall show that adequate controls or measures will be taken to prevent offensive noise, vibrations, dust, or bright lights. New landing strips and heliports shall not be construed to be permitted in any district established by this Title, unless and until a conditional use permit shall first have been secured. (Ord. M-3643, 2004)
A. Defined. Temporary storage units are box-like containers used for storing household items that are being moved to another location or being stored during a home remodel projects.
B. Placement Standards.
1. On properties with single-family residences, the unit shall be placed in the driveway or other paved surface, not to extend into public right-of-way.
2. On properties with multi-family residences, the unit shall be placed in a parking space. Not to extend into an aisle way or public right-of-way.
3. Alternate location may be approved at the discretion of the City Planning Official, provided that the alternate location does not create an unsafe condition.
4. A City street use permit shall be required for the placement of temporary storage units in a public right-of-way.
C. Duration of placement.
1. Allowed up to 30 days without a permit.
2. Allowed up to 90 days total with a land use permit.
D. Safety. Storage of flammable or hazardous material within temporary storage units is prohibited.
E. Signs. Signs on temporary storage units may only identify the owner or provider of the storage unit and not include advertisement of any other product or service. (Ord. M-3922, Added, 07/06/2009, Sec 42)
A. Defined. The development standards of this section apply to any facility that falls within the use classification for self-service storage, pursuant to VMC 20.160.020(C)(8).
B. General Requirements.
1. Self-service storage shall be prohibited on properties located in whole or part within 500 feet of major corridors, which is measured from the centerline of the street, as illustrated in Figure 20.895-1 contained herein. Map on file with department and available for search on individual site-specific parcels.

2. Self-service storage is permitted only within multi-story structures.
3. Self-storage units shall gain access from the interior of the building(s) or site. No unit doors may face the street.
4. Self-storage units shall not be used for:
a. Heavy manufacturing, fabrication, or processing of goods, service or repair of vehicles, engines, appliances or other electrical equipment, or any other heavy industrial activity.
b. Conducting garage or estate sales. This does not preclude auctions or sales for the disposition of abandoned or unclaimed property.
c. Storage of flammable, perishable or hazardous materials or the keeping of animals.
5. Each floor above the ground floor of a self-storage facility building that is facing a street shall at a minimum be comprised of 15 percent glass.
6. At least 75 percent of the width of any new or reconstructed first-story building wall facing a principal, minor, or collector arterial street shall be devoted to interest-creating features, such as pedestrian entrances, reliefs, murals, landscaping, transparent show or display windows, or windows affording views into retail, office, or lobby space.
7. Outdoor storage is prohibited. All goods and property stored at a self-storage facility shall be stored in an enclosed building. No outdoor storage of boats, RVs, vehicles, or similar, or storage in outdoor storage pods or shipping containers is permitted.
8. Recognition of Existing Facilities. Existing self-service storage businesses are permitted to expand or construct new buildings within parcels being used for self-storage as of the date of adoption of the ordinance codified in this section. The expansion or new construction shall be consistent with and meet all applicable standards of the zoning district as well as this section.
A. Purpose. The purpose of these standards is to minimize the risk of spill or discharge of fuels into groundwater or the waters of the state; to promote public health and safety and avoid and minimize impacts to nearby properties from fire or explosion or adverse air emissions; to support a reduction in greenhouse gas emissions and a transition to renewable fuel and energy production consistent with federal, state and local targets; and to protect and preserve fish and wildlife habitat areas to ensure viable tribal fisheries consistent with treaty fishing rights.
B. Applicability. The standards in this section apply to:
1. Bulk fossil fuel storage and handling facilities;
2. Cleaner fuel storage and handling facilities;
3. Small fossil fuel or cleaner fuel storage and distribution facilities.
C. Standards – Non-Capacity Improvements. The city may approve activities or structures for one or more of the following purposes as a limited use, provided there is no increase in baseline capacity:
1. Maintenance, repair, or replacement.
2. Improvement of the safety or security of the infrastructure, including seismic upgrades.
3. Decrease in air or water emissions.
4. Allow the facility infrastructure or buildings to meet new regulatory requirements.
5. Addition of accessory structures or activities that do not add to the baseline capacity of the facility.
The applicant for noncapacity improvements shall specify the baseline capacity for the facility as of the date of the ordinance codified in this section per subsection (E)(2) of this section.
D. Standards for New or Expanded Small Fossil Fuel or Cleaner Fuel Storage and Distribution Facilities.
1. The applicant shall document the existing baseline, and any proposed additional storage capacity and the fuel type(s) to be stored. Documentation shall be consistent with subsection (E)(2) of this section.
2. The planning official shall require seismic upgrades to existing facilities as a condition of the land use permit.
3. The applicant shall obtain approval of comprehensive spill prevention and fire response plans to the satisfaction of the planning official and fire marshal.
4. New small fossil fuel or cleaner fuel storage and distribution facilities shall be located at least 1,000 feet away from residentially zoned properties.
E. Standards for Bulk Fossil Fuel Storage and Handling Facilities – New or Capacity Expansion.
1. New Facilities. New bulk fossil fuel storage and handling facilities are prohibited, regardless of size.
2. Baseline Established. The baseline for storage, transportation, and transshipment facilities is established by the following information available as of November 3, 2022. Storage baseline capacity shall be established using Washington Department of Ecology industrial section permits and oil spill prevention plans or other verifiable documentation. Transshipment and transportation facility baseline is established through the most recent spill prevention plans approved by the Department of Ecology or where a local permit documenting such facilities has been approved more recently. If an existing facility does not have an established refining or storage baseline from a past industrial section permit or spill prevention plan, the baseline must be established as part of a permit application.
3. Expansion of bulk fossil fuel storage and handling facilities is allowed up to 15 percent increase above the baseline capacity if converted to cleaner fuels, as defined by VMC 20.150.040A, and subject to the requirements of subsection F of this section.
F. Standards for Cleaner Fuels Storage and Handling Facilities – New or Expansion.
1. New or expanded cleaner fuel storage and handling facilities are allowed subject to a conditional use permit if no larger than 1,000,000 gallons of cumulative storage, on a site three acres or less in size, and if located at least 1,000 feet from residential zoned land. Size cannot exceed the smaller of 1,000,000 gallons or site acreage three acres. Such facilities shall meet spill prevention/fire response, seismic upgrade, GHG assessment, and annual reports in subsection (F)(3)(b) et seq. of this section.
2. Existing bulk fossil fuel storage and handling facilities may be converted to cleaner fuels, as defined by VMC 20.150.040A, as a limited use, subject to the requirements of subsection (F)(3) of this section.
3. Existing bulk fossil fuel storage and handling facilities converted to cleaner fuels may be expanded, subject to approval of a conditional use permit and compliance with the following criteria:
a. Total or partial conversion of an existing fossil fuel storage and handling to cleaner fuel infrastructure is allowed. If a facility is converted the facility may be increased by up to 15 percent above the baseline capacity. The expansion shall be in proportion to the amount of cleaner fuel storage. For example, if 25 percent of the facility is converted to cleaner fuels, the storage and handling infrastructure may expand by three and three-quarters percent. If 50 percent of the facility is converted to cleaner fuels, storage and handling infrastructure may expand by seven and one-half percent. If 100 percent of the facility is converted into cleaner fuels storage and handling, then 15 percent of the infrastructure may be increased.
b. If a fossil fuel storage and handling facility is partially or fully converted to cleaner fuel infrastructure, that share of the facility used for cleaner fuel storage, transportation, or transshipment of petroleum-based fossil fuels shall be maintained on the overall site; products may be moved to different storage tanks on the site; provided, that the cleaner fuel percentage of the total storage is maintained. The applicant shall provide a comprehensive spill prevention plan and fire response plan to the satisfaction of the planning official and fire marshal.
c. Seismic upgrades pursuant to current building code requirements shall be made to any existing fuel storage facilities.
d. GHG Assessment. Greenhouse gas emissions impacts shall be assessed for expanded facilities. The applicant is responsible to provide an expert evaluation by a qualified professional consistent with the requirements of this code. The evaluation shall document baseline life cycle greenhouse gas emissions from the facility, net increases in life cycle greenhouse gas emissions, and mitigation of greenhouse gas emission increases. Life cycle emissions shall be quantified as defined in 42 U.S.C. § 7545. The planning official shall require mitigation to address the project’s direct greenhouse gas emissions and may require mitigation to address the project’s indirect emissions. The assessment shall address mitigation for net increases in greenhouse gas emissions, which may include, but is not limited to, one or more of the following: on-site efficiency improvements, carbon capture and storage, purchase of carbon offsets from any carbon registry approved by the city or a state agency, implementation of strategies in Vancouver’s Climate Action Plan, or other measures approved by the planning official. The mitigation may concurrently satisfy any other requirements imposed by county, state or federal governments. Mitigation shall be made conditions of approval, and shall be specific, identifiable, quantifiable, permanent, enforceable, and verifiable.
e. Financial Assurance in Case of Accidents. To ensure applicants are able to mitigate the consequences of accidents, proof of financial assurance (such as trust funds, letters of credit, insurance, self-insurance, financial tests, corporate guarantees, payment bonds or performance bonds) shall be provided sufficient to comply with the financial responsibility requirements set forth in any state and federal law applicable to their proposed project. If the applicant relies on an insurance policy for compliance with a state or federal financial assurance requirement, the applicant must add the city of Vancouver as an additional insured as a condition of permit issuance.
f. Annual Report. The applicant shall provide an annual report to the planning official of the following:
i. A description of on-site storage capacity including the number of tanks, tank volumes, and products.
ii. The number of vessel transfers of fuel, both inbound and outbound from the site, the type and quantity of products transferred, and the product destination.
iii. The number of rail cars transporting fuels, both to and from the site, including a description of the product, volume, and destination.
iv. The number of trucks transporting fuels, both to and from the site, including a description of the product, volume, and destination.
v. Documentation that on-site activity is similar to the established baseline of storage and/or throughput.
vi. Conformity with applicable regional, state, and federal reporting or permit requirements pursuant to laws and rules implemented by Southwest Washington Clean Air Agency, Washington Department of Ecology, U.S. Environmental Protection Agency, and U.S. Energy Information Administration to ensure compliance with the requirements herein. (Ord. M-4380 § 11, 2022)
A. Defined. The standards in this section apply to warehouse/freight movement buildings larger than 250,000 square feet of gross floor area on the ground floor.
B. Traffic. Tractor trailers delivering goods to or from warehouses covered by this section shall not travel on Fruit Valley Road.
C. Visual impact reduction. Warehouses covered by this section located adjacent to a public street or highway shall provide a combination of:
1. Architectural elements such as windows, articulation of the façade, and/or moderately dark color (e.g., not white or light-colored) walls; and
2. A 25-foot-deep landscaped buffer between the building and street or highway consisting of native or climate adaptive conifer trees that typically reach at least 60 feet in height at maturity, spaced no further than 20 feet apart. If a sidewalk or utility easement exists in the landscaped buffer, the minimum width shall be increased accordingly. Such buffer area may be counted toward meeting tree density requirements.
D. Climate action measures.
1. Building roofs shall be designed and constructed to handle the structural load of solar panels and equipment, electrical panels and conduit shall be installed to facilitate rooftop solar panels in the future, and rooftop HVAC systems shall be clustered as much as possible to facilitate maximum use of roof area for solar panels.
2. Skylights and/or clerestory windows shall be provided to facilitate natural light; skylights shall be double-paned and located to facilitate maximum use of roof area for solar panels.
3. Roofs shall be white or light colored to reduce heat retention.
4. Truck engine idling is prohibited while parked or loading/unloading.
5. All loading docks shall be outfitted with electric wiring and conduit extending to electric panels to enable future installation of outlets for charging of electric-powered trucks.
6. Secure indoor bicycle storage shall be provided for employees in accordance with the requirements of VMC 20.945.050, Bicycle Parking Design Standards.
7. Electric Vehicle Charging. EV charging stations shall be provided at a minimum of 20 percent of parking spaces on site.
8. Trees shall be planted at a density of at least 33 tree units per acre of the project site, subject to the size, locational and maintenance requirements of Chapter 20.770 VMC. Such additional trees may be planted in a tree tract on site or at an off-site location owned by the applicant and within the limits of the designated neighborhood association within which the development is located, and as approved by the city forester. (Ord. M-4425 § 4, 2023)
Use Standards
(Ord. M-4034, 2012; Ord. M-3663, 2004; Ord. M-3643, 2004)
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Purpose. The purpose of these code provisions for accessory dwelling units (ADUs) is to: (1) provide homeowners with flexibility in establishing separate living quarters within or adjacent to their homes for the purpose of caring for seniors, providing housing for their children or obtaining rental income; (2) increase the range of housing choices and the supply of accessible and affordable housing units within the community consistent with statutory requirements; and (3) ensure that the development of accessory dwelling units does not cause unanticipated impacts on the character or stability of single-family neighborhoods. (Ord. M-4517 § 3(A) (Att. A), 2025; Ord. M-4465 § 3(A) (Att. A), 2024; Ord. M-4455 § 3(A) (Att. A), 2024; Ord. M-4377 § 2(g), 2022; Ord. M-4209 § 2, 2017; Ord. M-3643, 2004)
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Accessory Dwelling Unit (ADU). One or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit within or attached to a single-family dwelling or in a detached building on the same lot as the primary dwelling unit. (Ord. M-4517 § 3(A) (Att. A), 2025; Ord. M-4465 § 3(A) (Att. A), 2024; Ord. M-4455 § 3(A) (Att. A), 2024; Ord. M-4377 § 2(g), 2022; Ord. M-4209 § 2, 2017; Ord. M-3931 § 25, 2009; Ord. M-3643, 2004)
A. Accessory dwelling unit applicability. ADUs shall be permitted outright in all residential zoning districts that contain a single-family home if in compliance with all of the development standards contained in VMC 20.810.040.
1. Repealed by M-4455.
2. Repealed by M-4455.
B. Approval process. A proposed ADU shall be reviewed by means of a Type I procedure, pursuant to VMC 20.210.040, subject to the development standards contained in VMC 20.810.040. An ADU use is not subject to site plan review. (Ord. M-4517 § 3(A) (Att. A), 2025; Ord. M-4465 § 3(A) (Att. A), 2024; Ord. M-4455 § 3(A) (Att. A), 2024; Ord. M-4377 § 2(g), 2022; Ord. M-4209 § 2, 2017)
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Development standards for accessory dwelling units. An ADU shall comply with the following standards:
A. Configuration. An ADU may be located either within, attached to, or detached from the primary structure.
B. Density. Up to two ADUs may be created in conjunction with each legal lot containing a single-family residence.
C. Minimum lot size. An ADU may be established on any legally established lot meeting applicable standards of this chapter.
D. Maximum unit size. An ADU shall not exceed 1,000 square feet of gross floor area.
E. Minimum unit size. The gross floor area of an ADU shall not be less than the requirements of the Washington State Building Code.
F. Setbacks, height and lot coverage. Additions to existing structures, or the construction of new detached structures, associated with the establishment of an ADU shall not exceed the allowable lot coverage, height or encroach into required setbacks as prescribed in the underlying zone. The applicable setbacks and height shall be the same as those prescribed for the primary structure, not those prescribed for detached accessory structures.
G. Parking. No additional on-site parking is required in conjunction with the establishment of an ADU.
H. Construction standards. The design and construction of the ADU shall conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health and any other applicable codes. (Ord. M-4517 § 3(A) (Att. A), 2025; Ord. M-4465 § 3(A) (Att. A), 2024; Ord. M-4455 § 3(A) (Att. A), 2024; Ord. M-4377 § 2(g), 2022; Ord. M-4209 § 2, 2017; Ord. M-3959 § 38, 2010; Ord. M-3701 § 24, 2005; Ord. M-3643, 2004)
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The following information shall be submitted as part of an application for review:
A. Application. Completed and signed application provided by the planning official.
B. Fee. Fee pursuant to Chapter 20.180 VMC.
C. Site plan. To-scale site plan showing the exact location of the primary residence and any accessory structures, parking, landscaping and setbacks.
D. Floor plan. Floor plan, drawn to scale, of entire house and accessory unit within the primary residence or within freestanding accessory structure.
E. Elevations. Elevations drawn to scale of the accessory unit within the primary residence or within freestanding accessory structure. (Ord. M-4517 § 3(A) (Att. A), 2025; Ord. M-4465 § 3(A) (Att. A), 2024; Ord. M-4455 § 3(A) (Att. A), 2024; Ord. M-4377 § 2(g), 2022; Ord. M-4209 § 2, 2017; Ord. M-3643, 2004)
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A. Conversions of an existing structure. An existing garage structure or other outbuilding may be converted to an ADU; provided, that the structure complies with established setback standards for a primary structure, not accessory structure, as prescribed in the underlying zone, and complies with applicable building codes, and all other standards of this section. Conversion of such garage shall not result in the elimination of the requirement of one legal on-site parking space to serve the single-family residence.
B. Conversion of existing garages located in non-conforming setbacks. Garages constructed before January 1, 2021, that are legally nonconforming as to side or rear yard setback may be eligible to be converted or replaced at their current location; provided, that all applicable ADU, building, and other standards are met.
C. Off-street parking requirements. The off-street parking requirements for the primary residence shall be provided for elsewhere on the site in conformance with the setback, paving and other development standards described in Chapter 20.945 VMC, Parking and Loading. (Ord. M-4517 § 3(A) (Att. A), 2025; Ord. M-4465 § 3(A) (Att. A), 2024; Ord. M-4455 § 3(A) (Att. A), 2024; Ord. M-4377 § 2(g), 2022; Ord. M-4209 § 2, 2017; Ord. M-3701 § 25, 2005; Ord. M-3663 § 20, 2004; Ord. M-3643, 2004)
These standards are intended to allow smaller unit size apartments with shared kitchen and/or bathroom facilities in multifamily zoning districts. (Ord. M-4377 § 2(f), 2022)
A. Use Classification. Micro housing units are included under the residential use type of household living.
B. Zoning. Micro housing units are allowed by right in R-18, R-22, R-30, R-35, R-50 or as part of a mixed-use development in the CC, CG and CH zones. (Ord. M-4377 § 2(f), 2022)
A. Kitchen Facilities. One or more of the following options shall be provided to ensure residents have access to facilities for cooking, refrigeration, and washing utensils:
1. A community kitchen facility on each floor available for shared use by the residents of that floor; or
2. Individual kitchens for the private use of the residents of the unit; or a combination of private and community kitchen facilities.
B. Maximum Number of Bedrooms. Each living unit may have up to one bedroom that is separate from the remainder of living facilities within the unit.
C. Unit Size. Units shall be between 120 and 400 square feet in size.
D. Unit Density. Micro housing project densities shall be as allowed by underlying zoning designations. Micro housing may not be eligible for affordable housing density bonuses.
E. Bathrooms. A unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility means includes a toilet and sink; a full facility includes a toilet, sink, and bathtub or shower, or bathtub/shower combination. If a full bathroom facility is not provided in each room, common bathroom facilities must be provided that meet the standards of the Building Code for congregate residences with at least one full bathroom per floor.
F. Parking. Micro housing units require one parking space per two dwelling units. (Ord. M-4377 § 2(f), 2022)
Purpose. The purpose of these regulations is to separate certain uses from the secondary effects of adult entertainment businesses by establishing criteria to adequately separate such establishments from neighborhoods, schools, permanent religious institutions, licensed daycare facilities and parks. (Ord. M-3643, 2004)
A. Applicability. Adult entertainment business as defined in VMC 20.160.020 (C)(3)(a) shall be allowed as a limited use in the CG, IL and IH districts subject to a Type II review. The use shall be subject to the following development standards:
1. Distance restrictions. It shall be unlawful for anyone to establish an adult entertainment business or to relocate an adult entertainment business within 1,000' measured in a straight line without regard to intervening structures or objects, of any existing adult business or public park; child care facility licensed by the State of Washington; preschool; permanent religious institution; and/or public or private elementary, middle, junior high or high school.
2. Distance restrictions from a residential district. It shall further be unlawful to locate or relocate any adult entertainment business within 500' of any residential district.
B. Non-conforming status. The location of a newly-established public park, licensed child care facility, permanent religious institution, preschool or school within 1,000' or the establishment of a residential district within 500' of an existing adult entertainment business shall not cause the existing adult entertainment business to be deemed a nonconforming use. (Ord. M-3643, 2004)
(Ord. M-3643, 2004)
Enforcement of violations. Anyone convicted of violating this Chapter shall be subject to enforcement actions as contained in VMC 20.140 Enforcement. If subject to an enforcement action, the applicant shall be sentenced to a maximum 30 calendar days in jail, or fined a maximum $500 per such violation. (Ord. M-3643, 2004)
Purpose. The regulations are intended to allow for a more efficient use of large, older houses for a use that has been found to be compatible with residential uses. Through these regulations, the proprietor can take advantage of the scale and often the architectural and historical significance of a residence and provide an alternative form of lodging for visitors who prefer a residential setting. (Ord. M-3643, 2004)
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A. Conditional uses. A 3-6 bedroom bed-and-breakfast establishment in the lower-density residential zoning districts, i.e., R-2, R-4, R-6 and R-9 zones is permitted as a conditional use, subject to the requirements of VMC 20.245 Conditional Uses, VMC 20.210 Decision-Making Procedures, the development standards contained in VMC 20.830.030 below, and the requirements of state law.
B. Limited uses.
1. A 1-2 bedroom bed-and-breakfast-establishment is allowed as a limited use in the lower density residential districts (R-9, R-6, R-4, R-2) subject to a Type I review, pursuant to VMC 20.285.040 and the development standards contained in VMC 20.830.030 below.
2. A bed-and-breakfast-establishment in higher-density residential and commercial zoning districts is allowed as a limited use subject to a Type I review, pursuant to VMC 20.285.040 and the development standards contained in VMC 20.830.030 below. (Ord. M-3931 § 27, 11/02/2009; Ord. M-3643, 01/26/2004)
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A. Accessory use. In residential zoning districts, a bed-and-breakfast establishment must be accessory to a Household Living use on a site, as defined in VMC 20.160.020(A)(1). This means that an individual or family which operates the establishment must occupy the house as their primary residence. The house must have been used as a residence for at least a total of five years prior to filing the application for a bed-and- breakfast establishment.
B. Uses. In residential zoning districts, banquets, parties, weddings or meetings for guests or other non-family members for the general public are prohibited. These services may be provided only to residents or overnight patrons of the facility.
C. Compliance with state guidelines. In all zoning districts, bed-and-breakfast establishments containing three to six bedrooms for guests must meet the Department of Health Bed-and-Breakfast Guidelines. These guidelines are enforced by DSHS.
D. Appearance. In all residential zones, residential structures may be remodeled for the development of bed-and-breakfast establishments. Structural alterations may not be made which prevent the structure from being used as a house.
E. Parking. In all residential zoning districts, a minimum of two off-street parking spaces are required. In commercial zoning districts, parking is subject to the requirements of VMC 20.945, Parking and Loading. Additional off-street spaces may be required as a condition of approval for those bed-and-breakfast establishments governed by conditional use approval, per the requirements of VMC 20.245.
F. Signs. Signs in residential and commercial zoning districts shall conform to appropriate sections of VMC 20.960 Signs (Ord. M-3840 § 36, 08/06/2007; Ord. M-3643, 01/26/2004)
In addition to the information otherwise required on the conditional use application form, when applicable, the applicant must provide the following:
A. Site plan. A site plan showing where guest parking will be provided.
B. Floor plan. A floor plan of both existing structure and modifications for bed-and-breakfast use.
C. Traffic impacts. A statement indicating the potential impact on traffic in the area.
E. State certification. For establishments containing three or more units, a statement from the State Department of Social and Health Services indicating that the proposed bed-and-breakfast can meet the DSHS’s Bed-and-Breakfast Guidelines.
F. Sign plan. Proposed sign plan if applicable. (Ord. M-3643, 2004)
This chapter provides the requirements and standards under which residential dwelling units may be used for short-term rental use for stays fewer than 30 consecutive days. The regulations are intended to allow for a more efficient use of certain types of residential structures, while keeping them primarily in residential use and retaining neighborhood character. The regulations also provide an alternative form of lodging for visitors who prefer a residential setting. (Ord. M-4433 § 1 (Att. A), 2023)
A short-term rental, as defined in RCW 64.37.010(9), shall be a limited use in certain zoning districts within legally established dwelling units. (Ord. M-4433 § 1 (Att. A), 2023)
Short-term rental use is a business that requires the operator to register with the Washington State Department of Revenue and obtain a city of Vancouver business license.
Short-term rental operations are regulated through a short-term rental permit application, subject to the development standards listed below. Short-term rental permits are nontransferable business operation permits and do not run with the land. Short-term rental permits automatically expire when property ownership changes. (Ord. M-4433 § 1 (Att. A), 2023)
The following standards are required for the operation of a short-term rental. Failure to comply with any or all the following development standards will result in the revocation of a short-term rental permit:
1. Regulations. A short-term rental must meet all applicable state and local health, safety and building code regulations such as fire and smoke protections, egress and accessibility, and structural design, as well as applicable provisions of the Washington Administrative Code (WAC) and the Revised Code of Washington (RCW).
2. Off-Site Impacts. A short-term rental must not generate measurable levels at the property line of dust, smoke, odor, glare, or noise beyond those associated with a residential use. The short-term rental must not generate solid waste in volume or type not normally associated with a residential use.
3. Limitations.
a. Short-term rentals are only permitted within a legally established dwelling unit. Short-term rentals may not be operated outdoors, in an accessory structure, in a recreational vehicle, or in any other nonresidential structure.
b. Short-term rentals are not permitted in any dwelling unit or building that has received approval under the city’s multifamily tax exemption (MFTE) program (Chapter 3.22 VMC, as now existing or hereafter amended). This limitation does not apply after the MFTE program exemption period has ended.
c. To limit the impact of short-term rentals on the available long-term housing supply, the city may issue no more than 870 active short-term rental permits at any given time. Permits will be approved on a first-come, first-served basis.
4. Liability Insurance. Short-term rental operators must have current, valid liability insurance coverage for any short-term rental unit that complies with the requirements of RCW 64.37.050, as now existing or hereafter amended.
5. Notification. Prior to the city application process for a short-term rental permit, the property owner must provide a courtesy notice regarding the short-term rental to all property owners abutting or adjacent to the proposed short-term rental location. This notification must include a description of the operation, number of bedrooms to be rented to overnight guests, and contact information for the owner or operator by phone. (Ord. M-4433 § 1 (Att. A), 2023)
A. Application – Fees. The short-term rental applicant must submit a completed short-term rental permit application form as prescribed by the city’s planning official with the applicable fee per Chapter 20.180 VMC.
B. Required Permit Application Information.
1. Affidavit of mailing showing proof of mailing of notification to property owners abutting and adjacent to the proposed short-term rental.
2. Copy of liability insurance for the short-term rental.
3. Acknowledgment by the property owner attesting that the short-term rental will continuously comply with the required standards in VMC 20.835.040 and allowing the city to inspect the premises in accordance with Chapter 17.08 VMC. (Ord. M-4433 § 1 (Att. A), 2023)
A. It is unlawful to rent, offer for rent, or advertise for rent a dwelling unit located on any property with the city as a short-term rental without a permit and license authorizing such use issued and approved in the manner required by this chapter.
B. Failure of the property owner or authorized agent or local contact of a short-term rental to meet the standards contained herein is subject to the enforcement provisions contained in VMC 22.02.020. (Ord. M-4433 § 1 (Att. A), 2023)
Need for child care facilities. The City Council finds that a community need exists for child care and similar facilities within the City of Vancouver. Further the Council finds that it is appropriate that different levels or intensities of child care facilities be subjected to different levels of review. Therefore, the City has established the following standards and review procedures for the protection and enhancement of the neighborhood and for the general health and welfare of the community. (Ord. M-3643, 2004)
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A. Types. There are two types of child care uses identified by the State of Washington. For further definition, see VMC 20.160.020 (B)(5)(a). These include:
1. Family Child Day Care Homes. Such homes are used for the care of no more than 12 children.
2. Child Care Centers. Child Care Centers are for the care of 13 or more children.
B. Regulatory compliance. Child Care Centers and similar facilities shall comply with the requirements of VMC 20.840.030, in addition to any requirements imposed by the State of Washington. (Ord. M-4066 § 5, 12/16/2013; Effective 01/16/2014; Ord. M-3643, 01/26/2004)
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A. Family Child Day Care Homes meeting the definition of VMC 20.160.020 (B)(5)(a) are permitted in any residence in any zone except industrial districts. Signs for Family Day Care Homes are prohibited.
B. Child Care Centers Child Care Centers, pre-schools and other similar facilities for care of 13 or more children and which otherwise meet the definition of Child Care Center contained in VMC 20.160.020 (B)(5)(a) shall be reviewed as follows:
1. In residential zones, Child Care Centers shall be permitted pursuant to VMC 20.410 and VMC 20.420 as applicable and shall also comply with the following development standards:
a. Minimum lot size: 5,000 sq. ft.
b. Minimum outdoor play area: Minimum of 75 sq. ft. per child for whom care is provided. This area must be contiguous to the facility.
c. Play area screening: A site-obscuring fence of at least 4' but not more than 6' in height shall be provided, separating any play area from adjoining lots. A similar fence shall be required between the play area and any abutting rights-of way.
d. Parking and loading: Compliance with the applicable provisions of VMC 20.945 Parking and Loading shall be required.
e. Signs. Signs shall be allowed subject to 20.960 VMC.
2. In all commercial and (OCI and IL) child care centers shall be allowed by right subject to the following design standards:
a. Minimum lot area. of 10,000 sq. ft.
b. Play area screening. A site-obscuring fence of at least 4' but not more than 6' in height shall be provided, separating any play area from adjoining lots. A similar fence shall be required between the play area and any abutting rights-of way.
c. Parking and loading. Compliance with the applicable provisions of VMC 20.945 Parking and Loading shall be required except that no parking or loading shall be required in the City Center District (CX).
d. Signs. Signs in a commercial or industrial zoning district shall comply with the applicable sections of VMC 20.960 Signs. (Ord. M-4066 § 5, 12/16/2013; Effective 01/16/2014; Ord. M-3643, 01/26/2004)
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Purpose. The purpose of this chapter is to establish the standards for the location of dog day care facilities, in a manner that minimizes impacts on surrounding property owners. (Ord. M-3667 § 4, 09/13/2004; Ord. M-3643, 01/26/2004)
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A. Lower Density Residential Zoning Districts. Dog Day Care uses are prohibited in the R-2, R-4, R-6, and R-9 zoning districts.
B. Higher-Density Residential Zoning Districts. Dog Day Care uses are allowed as conditional uses in the R-18, R-22, R-30 and R-35 zones, pursuant to Chapter 20.245 VMC, governing Conditional Uses, and Chapter 20.210 VMC, governing Decision-Making Procedures, and subject to the development standards contained in Section 20.850.030 VMC.
C. Commercial and Industrial Zoning Districts. Dog day care uses are limited uses in the commercial zones (CN, CC, CG, CX, WX, HX and MX) and industrial zones (OCI, IL and IH), subject to the development standards contained in VMC 20.850.030. Dog day care is a prohibited use in the Vancouver Central Park Plan district (CPX).
D. Open Space Zones. Dog Day Care uses are prohibited in the NA and GR zoning districts. (Ord. M-4341 § 3 (Exh. B), 2021; Ord. M-3730 § 28, 2005; Ord. M-3667 § 5, 2004; Ord. M-3643, 2004)
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A. General standards. All Dog Day Care facilities regardless of the zoning district in which they are located shall comply with the following criteria:
1. The hours of operation shall be limited daily from 6 a.m. to 9 p.m. in the higher density residential districts and 6 a.m. to 10 p.m. in the commercial and industrial districts.
2. The dogs may be groomed, trained, exercised and socialized, but not kept or boarded overnight, bred, sold, or let for hire.
3. Provide off-street parking and loading as required in VMC 20.945 – Parking and Loading.
4. Dog Day Care facilities shall be subject to VMC Chapter 8.24 – Animals.
5. Walls, partitions and floor/ceilings assemblies separating Dog Day Care facilities from residential uses shall have a sound transmission class (STC) as required by the Building Code.
6. Provide sight-obscuring fencing for all on-site outdoor recreation areas. The fence shall provide full containment for the dogs. The fence structure shall be deep enough and secured to the ground to prevent escape and high enough to prevent dogs from jumping or climbing over. The Fence shall be subject to VMC 20.912 Fences and Walls.
7. The applicant shall be required to obtain all licenses and permits, and meet the City’s Limited and Conditional Use and Site Plan review requirements, as applicable.
B. Higher-density residential zoning districts. A Dog Day Care facility is permitted as a conditional use (Type 3 procedure) in the R-18, R-22, R-30 and R-35 zoning districts subject to the regulations in Chapter 20.245 VMC, Conditional Uses, and the procedural requirements of Chapter 20.210 VMC, Decision-Making Procedures. Such a facility in one of these zoning districts shall satisfy the following requirements in addition to those in Subsection (A) above:
1. A minimum lot size of one acre, a maximum of 30 dogs on the premises.
2. Outdoor areas where dogs will be allowed must be a minimum of 50' from any property line. The setback requirements of this section do not apply if all activity is contained indoors.
3. All existing and additional structures shall maintain a residential character. Dog Day Care shall be accessory to the residential use of the site.
4. Hours of operations: 6 a.m. to 9 p.m.
C. Commercial zoning districts. A dog day care facility is permitted as a Type I limited use in the CN, CC, CG, CX, WX, HX and MX zoning districts subject to the procedural requirements of Chapter 20.210 VMC, Decision Making Procedures. Such a facility in one of these zoning districts shall satisfy the following requirements in addition to those in subsection A of this section:
1. Maximum of 40 dogs on the premises.
2. Minimum setback requirements shall be consistent with the standards of the CN, CC, CG, CX, WX, HX and MX unless the dog day care facility abuts a residential district, in which case the setback shall be 50 feet. The setback requirements of this section do not apply if all activity is contained indoors.
3. Provide on-site indoor play area when located within the City Center (CX), Waterfront (WX), the Heights (HX) and Mixed Use (MX) districts. Outdoor play areas are not permitted in the (CX), (WX), (HX) or (MX) districts.
4. Hours of operation: 6:00 a.m. to 10:00 p.m.
D. Industrial zoning districts. A Dog Day Care facility is permitted as a Type I limited use in all industrial districts except airport and subject to the procedural requirements of VMC 20.210 Decision-Making Procedures. Such a facility in one of these zoning districts shall satisfy the following requirements in addition to those in Subsection A above:
1. A 50' setback shall be maintained where such facilities abut a residential district.
2. A 50' setback shall be maintained where such facilities abut a residential district. The setback requirements of this section do not apply if all activity is contained indoors.
3. Hours of operation: 6 a.m. to 10 p.m. (Ord. M-4341 § 3 (Exh. B), 2021; Ord. M-3922 § 38, 2009; Ord. M-3730 § 29, 2005; Ord. M-3667 § 6, 2004; Ord. M-3643, 2004)
Purpose. The purpose of this Chapter is to fulfill the requirements of the Growth Management Act by accommodating Essential Public Facilities of state or regional significance, including but not limited to airports, state education facilities, state or regional transportation facilities; prisons, jails and other correctional facilities; secure community transition facilities; and solid waste facilities. (Ord. M-3643, 2004)
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A. Applicability. Essential Public Facilities where not prohibited, shall be conditional uses per the requirements of VMC 20.245 – Conditional Uses and shall be subject to the additional requirements contained in subsection (B) below.
B. Requirements.
1. Early notification and involvement of affected citizens and jurisdictions shall be provided as follows: At least 90 days before submitting an application for such a facility, the prospective applicant shall notify the affected public and jurisdictions of the general type and nature of the proposal, identify sites under consideration for accommodating the proposed facility, and identify opportunities to comment on the proposal. Applications for specific projects shall not be considered complete without proof of such a published notice in a local newspaper of general circulation.
2. If it will generate substantial traffic as determined by the city’s traffic engineer, such a facility shall be located near a major transportation corridor(s) served or planned to be served by mass transit.
3. Inter-jurisdictional agreements shall be developed to mitigate any disproportionate financial burdens which may fall on the local jurisdiction within which a facility of a state, regional, or county-wide nature is located.
4. The proposed project shall comply with all applicable provisions of the Comprehensive Plan, Title 20 and other applicable provisions of the Municipal Code, SEPA, and other federal, state and local statute, codes and ordinances.
5. Applicants for such a facility shall provide an analysis of the alternative sites considered for the proposed facility. This analysis shall include the following:
a. A justification of the need for the proposed facility in the proposed location. The applicant shall demonstrate that less impacting alternatives have been considered and found not to be feasible.
b. The applicant shall also describe the process used to identify and evaluate alternative sites.
c. An evaluation of the sites’ capability to meet basic siting criteria for the proposed facility, such as size, physical characteristics, access, and availability of necessary utilities and support services.
d. The sites’ relationship to the service area and the distribution of other similar public facilities within the service area or jurisdiction, whichever is larger.
e. A description of the relative environmental, traffic and social impacts associated with locating the proposed facility at the alternative sites that meet the applicant’s basic siting criteria. The applicant shall also identify proposed mitigation measures to alleviate or minimize adverse impacts.
6. Special provisions for specific types of essential public facilities.
a. Secure community transition facilities conforming with the standards set forth below may be approved by conditional use permit following notice to all property owners and occupants of record within 1,500 feet of the proposed site.
1. Secure community transition facilities shall conform with all substantive, procedural and operational requirements set forth in RCW Chapter 71.09 and rules, regulations, and policy guidelines promulgated under the authority thereof or in response thereto.
2. Secure community transition facilities shall provide the following staffing and security measures:
(a) The owner and operator of the secure community transition facility shall submit and maintain a plan for staffing, security measures, procedures for immediate public notification of escapes, and escapee search procedures ("the Plan"), all in a form and content satisfactory to the planning official. The security measures shall indicate the types of security measures/facilities proposed for the secure community transition facility including, but not limited to, constant electronic monitoring of residents, site security measures/equipment, and site access and control consistent with Chapter 71.09 RCW, unless otherwise ordered by a court. The plan, along with documentation of the planning official’s concurrence in or rejection of the plan, shall be included in materials submitted to and reviewed by the Hearing Examiner, provided that the security plan made part of the public record shall not be in such detail that security of the facility would be compromised.
(b) The owner and operator of the secure community transition facility shall enter into a contract with the city, in a form and content satisfactory to the City Attorney, committing the owner and operator to comply with and maintain the plan for the life of the facility.
(c) The applicant shall install an eight-foot high fence, in character with the surrounding area, between the facility and all property boundaries. The Hearing Examiner may waive or lessen this requirement upon finding that due to existing site features or the type or character of adjoining uses, the privacy and security of the occupants of adjoining properties can be maintained in the absence of a fence or with a lower fence.
(d) The facility shall have a backup power source.
3. No such facility shall be located adjacent to, immediately across a street or parking lot from, or within the line of sight of a risk potential activity or facility as defined in RCW 71.09.020. For purposes of this subsection, those specific risk potential activities and facilities described in the applicable state law shall be interpreted as follows and shall include such facilities located within the City of Vancouver and all neighboring jurisdictions:
(a) Public and private schools and their grounds;
(b) School bus stops;
(c) Licensed child daycare and licensed preschool facilities;
(d) Public parks;
(e) Publicly dedicated trails;
(f) Sports fields;
(g) Playgrounds;
(h) Recreational and community centers;
(i) Places of worship such as churches, synagogues, temples, and mosques;
(j) Public libraries;
(k) Any other risk potential activity or facility identified in siting criteria by the Department of Social and Health Services with respect to siting a secure community transition facility. (Ord. M-3701 § 26, 05/02/2005; Ord. M-3643, 01/26/2004; Ord. M-3309 § 10, 1997: Ord. M-3234 § 4, 1996)
A. Support small-scale businesses. Provide residents with an opportunity to use their homes to engage in small-scale business activities.
B. Reduce traffic congestion. By providing opportunities for residents to work in their homes, reduce home-to-work and work-to-home trips that add to the congestion on the City’ s streets during the morning and evening peak periods.
C. Protect neighborhood character. Establish approval criteria and standards to ensure that home occupations are conducted as lawful uses that are subordinate to the residential use of the property and are conducted in a manner that is not detrimental or disruptive in terms of appearance or operation to neighboring properties. (Ord. M-3643, 2004)
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A. Applicability. Home occupations shall be a limited use in all zoning districts within legally established residential homes. Such uses shall be subject to a Type I review, pursuant to VMC 20.210.040, subject to the development standards in subsection B of this section.
B. Development requirements. Failure to comply with any or all of the following development standards will result in revocation of the home occupation permit.
1. Employees. Two nonresident employees are permitted for home occupation activities located in all zoning districts; provided, that legal off-street parking is available for the second nonresident employee. The primary person or persons providing the business or service must reside within the dwelling on the premises.
2. Incidental Sales. The sale of consumer goods shall be prohibited except when the product to be sold is clearly incidental and secondary to the services authorized by such home occupation.
3. Off-site impacts. No home occupation shall generate measurable levels at the property line of dust, smoke, odor or glare as defined in Chapter 20.935 VMC, Off-Site Impacts, or noise in excess of the state standards outlined in WAC 173-06-050 as specified in VMC 20.935.030(A), Environmental Noise. The home occupation activity shall not generate solid waste in volume or type which is not normally associated with residential use unless specifically permitted.
4. Disturbing Influences. The home occupation use shall not create electronic interference, including but not limited to: interference with radio, satellite reception, telephone or television reception.
5. Exterior modification. To preserve the residential appearance of the structure, there shall be no evidence of the home occupation from the exterior of the structure, except one door nameplate or freestanding sign not to exceed two square feet is permitted. Freestanding signage shall be located within 10 feet of the residence and positioned facing the street parallel to the front of the residence.
6. Limitations on customers and visitors. The combined total number of customers and business visitors associated with the home occupation shall be limited to no more than an average of six per day per week (Monday through Sunday).
7. Location of use. All uses or activities associated with home occupations shall be wholly carried on within a dwelling or accessory structure by a member or members of a family except as allowed in subsection (B)(1) of this section. Such activity shall be secondary to the use of the dwelling for living purposes. Not more than 25 percent of the combined floor space of such dwelling and accessory structure or 1,000 square feet, whichever is less, may be used for the home occupation.
8. Outdoor storage. No outdoor storage associated with home occupation shall be permitted.
9. Vehicles. Vehicles related to the home occupation shall be restricted to standard noncommercial cars, trucks, and vans.
10. Exemptions.
a. Garage sales as per VMC 20.885.020(E) are exempt from obtaining a home occupation permit.
b. Child care homes licensed by the state for the care of 12 or fewer children are exempt from obtaining a home occupation permit. City business license requirements apply. No signs allowed.
c. Adult care homes licensed by the state for the care of eight or fewer persons. No signs allowed.
d. Home occupations that occupy less than 25 percent of a residence (up to 1,000 square feet of combined space), have no customer visits, and no on-site retail sales are exempt from obtaining a home occupation permit. The home occupation development standards of this section and the city business license requirements apply.
11. Examples of permitted uses include but are not limited to the following:
a. Artists, illustrators, writers, photographers (no photo processing), editors, drafters, publishers;
b. Professional office for consultants and other similar activities;
c. Bookkeeping, law office, and architect;
d. Distribution of products assembled at home for off-premises sales (such as garden produce or crafts);
e. Janitorial services (office);
f. Mail-order business or sales representative;
g. Interior decorator;
h. Manufacturer’s representative.
i. Light furniture making and woodworking that does not result in the use or storage of amounts of hazardous, flammable, or combustible materials above the allowed exempt quantities as detailed in the building and fire codes adopted by VMC Titles 16 and 17.
j. Cottage food operations, as defined by Chapter 69.07 RCW.
k. Medical, disabled or elderly transportation service, provided only one vehicle associated with the home business is permitted.
12. Examples of prohibited uses include, but are not limited to, the following:
a. Auto repair;
b. Welding shops;
c. Large appliance/electronics or equipment repair or service;
d. Truck hauling and/or tow storage yard;
e. Vehicle sales;
f. Cabinet making;
g. Manufacturing and/or related storage;
h. Kennel or stable;
i. Wholesale or retail sales;
j. Restaurants/drinking establishments;
k. Metal plating;
l. Any use generating, storing or utilizing hazardous waste;
m. Commercial limousine service.
13. Hours of Operation. Normal hours of operation shall be 7:00 a.m. to 8:00 p.m. with after-hours activity permitted if wholly indoors and fully compliant with the off-site impact standards of VMC 20.935.030 and Table 20.935.030-1 regarding maximum permissible noise levels. (Ord. M-4402 § 3(V), 2023; Ord. M-4034 § 25, 2012; Ord. M-3931 § 28, 2009; Ord. M-3643, 2004)
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Purpose. The purpose of this chapter is to establish criteria for the placement of manufactured homes in developments within the city in a manner that encourages a full-range of housing types and protects the integrity of existing neighborhoods. (Ord. M-3709 § 12, 06/20/2005; Ord. M-3643, 01/26/2004)
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Manufactured Home Developments established prior to the effective date of this ordinance are exempt from the development standards of VMC 20.410.050(F) and 20.420.050(G) and may continue to exist and expand within existing boundaries subject to the development standards of this section. Replacement/relocation of units is allowed between and within any existing approved Manufactured Home Development. (Ord. M-3709 § 13, 06/20/2005; Ord. M-3643, 01/26/2004)
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A. Locational requirements. The following criteria must be taken into consideration in the expansion of existing manufactured home developments:
1. Adequate buffering or screening may be required in order to make the manufactured home development compatible with its adjacent surrounding residential uses. Buffering and screening shall be required when such developments are adjacent to commercial and manufacturing zones.
2. Expansions within the approved manufactured home development boundaries shall provide for extensions of future streets as required by the comprehensive plan.
B. Site Requirements.
1. Area.
a. Manufactured home sites. A manufactured home shall not occupy more than 65% of a site area.
b. Setbacks. No manufactured home or accessory thereto shall be located any closer than 25 feet from the property line abutting on a public street or road, 5 feet from all other property lines and 5 feet from any such areas as a street, a common parking area, or a common walkway.
c. Spacing. A manufactured home shall be separated from an adjoining manufactured home by a minimum of 10 feet.
d. Overnight spaces. Not more than 5% of the total manufactured home development area may be used to accommodate persons wishing to park their manufactured home or camping vehicles overnight.
e. Manufactured home development streets and walkways.
1. Streets. A street shall connect each manufactured home lot to a public road. The park street shall be specified in Title 11 Streets and Sidewalks.
2. Walkways. Walkways of not less than 2 feet in width shall be provided from each manufactured home site to any service building, recreation area, and parking area.
3. Paving. Streets shall be paved with asphalt, concrete or other durable material.
f. Parking space requirements. Two off-street parking spaces shall be provided for each manufactured home site, either on the site or within 100 feet thereof, in the manufactured home development, which shall not be less than 9' x 18' in size per space.
g. Buffering or screening. Buffering or screening is required to make the manufactured home development compatible with its adjacent surrounding uses, shall be a sight-obscuring fence, masonry wall, evergreen hedge or other suitable planting. Where walls or fences are required along boundaries or public roads, the walls or fences shall set back from the property lines to conform with setbacks for structures in base zoning district. Evergreen planting shall not be less than 5 feet in height, and shall be maintained in a healthy living condition for the life of the manufactured home development.
h. Landscaping. A manufactured home development shall be landscaped in compliance with the requirements in Chapter 20.925 VMC, Landscaping.
i. Other site requirements.
1. Recreational area. A recreational area shall be a contiguous, improved area, and be suitably maintained for recreational purposes. Such land shall be determined on a gross area basis. The amount of land to be established as recreational shall be determined by dividing the number of dwelling units by the gross development area. The following minimum areas shall be required as illustrated in Table 20.880.030– 1.
Table 20.880.030– 1 Minimum Required Recreational Area | |
|---|---|
Dwelling Units per Gross Area | Recreational Area Required |
5-6 | 0% |
7-9 | 3% |
10-11 | 5% |
12 and over | 8% |
2. Accessories. Structures located on a manufactured home site, in addition to the manufactured home, shall be limited to the following: covered patios and carports; decks and storage buildings. No other structural additions shall be built onto or become part of any manufactured home, and no manufactured home shall support any building in any manner.
3. Manufactured home pads. Pads, stands, strips or rails adequate for the support of the manufactured home shall be installed.
4. Manufactured home skirting. All manufactured homes within the manufactured home development shall be skirted on its lower perimeter by a fire-resistant siding, if occupied for a period of more than 90 calendar days. (Ord. M-3709 § 14, 06/20/2005; Ord. M-3643, 01/26/2004)
Performance Bond. The Planning Official may require the posting of a bond or other assurance to ensure that all roadways, electrical work, plumbing, landscaping and other improvements required as a condition(s) of approval are constructed to the appropriate standard within the appropriate time frame, as governed by VMC 20.909 Escrow and Assurances. (Ord. M-3643, 2004)
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The purpose of this chapter is to establish zoning regulations that provide for state licensed recreational and medical marijuana land uses consistent with state law under Title 69 RCW, and subject to requirements of Chapter 314-55 WAC, adding additional local standards to address potential public health, safety and welfare considerations (Ord. M-4169 § 3, 06/27/2016; Ord. M-4071, Added, 03/03/2014, Sec 3 – Effective 3/9/2014)
A. A marijuana retail, processing, or production business shall not be located on parcels located within one thousand feet of parcels containing any of the following uses, as officially defined in WAC 314-55-010. The distance shall be measured as the shortest straight line from property line to property line, as set forth in WAC 314-55-050(10).
1. Elementary or secondary school, public or private;
2. Playground, publicly managed;
3. Recreation center or facility, providing a broad range of activities intended primarily for minors and managed by a public or charitable nonprofit entity;
4. Child care facility, licensed by the Department of Early Learning providing child care regularly for less than 24 hours;
5. Public park, having facilities for active or passive recreation, exclusive of trails;
6. Public transit center where several transit routes converge;
7. Library; or
8. Game arcade where admission is not restricted to persons age 21 and older.
B. Retail marijuana retail business shall not be located within 300 feet of other state-licensed marijuana retail business, as measured from property line to property line as specified in subsection A of the section.
C. A marijuana retail business is permitted only in the GC (General Commercial) or CC (Community Commercial) zone districts as specified in VMC 20.430.030-1.
D. Marijuana production or processing businesses are permitted only in the IL (Light Industrial) or IH (Heavy Industrial) as specified in VMC 20.440.030-1.
E. Marijuana businesses are not permitted as a home occupation under 20.860 VMC and shall not operate at a dwelling as defined by VMC 20.150.040A.
F. Retail marijuana businesses may not be located within any other businesses, and may only be located in buildings with other uses only if the marijuana business is separated by full walls and with a separate entrance. No more than one marijuana retail business shall be located on a single parcel.
G. Marijuana businesses shall not be located in a mobile structure. (Ord. M-4169 § 4, 06/27/2016; Ord. M-4071, Added, 03/03/2014, Sec 3 – Effective 3/9/2014)
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A. To operate within the City, each recreational marijuana business is required to have a current license issued by Washington State under the provisions of Chapter 314-55 WAC and a current business license issued by the City under the provisions of Chapter 5.04 VMC. No application for a business license for a marijuana business shall be accepted unless the applicant has a current license issued under Chapter 314-55 WAC.
B. A retail marijuana business shall not sell marijuana, marijuana-infused products, or marijuana paraphernalia or otherwise be open for business before 8 am or after 11:00 pm on any day.
C. For signage, marijuana retail, processing and production businesses shall be subject to the substantive requirements of Chapter 314-55-155 WAC and Chapter 20.960 VMC, whichever is more restrictive. No off-premises signage is permitted.
D. No more than twelve retail marijuana businesses shall be allowed within the city.
E. A marijuana business must take place within a fully enclosed secure indoor facility or greenhouse with rigid walls, a roof, and doors.
F. Marijuana businesses are subject to all applicable requirements of the Vancouver Municipal Code, including but not limited to the Building Code (Chapter 17.12 VMC) as now exists or may be amended.
G. Marijuana plants, products, and paraphernalia shall not be visible from outside the building in which the marijuana business is located.
H. Security. In addition to the security requirements in Chapter 315-55 WAC, during nonbusiness hours, all recreational marijuana producers, processors, and retailers shall store all useable marijuana, marijuana-infused product, and cash in a safe or in a substantially constructed and locked cabinet. The safe or cabinet shall be incorporated into the building structure or securely attached thereto. For useable marijuana products that must be kept refrigerated or frozen, these products may be stored in a locked refrigerator or freezer container in a manner approved by the Planning Official, provided the container is affixed to the building structure.
I. Marijuana businesses are subject to all applicable requirements of Title 69 RCW and Chapter 314-55 WAC and other state statutes, as they now exist or may be amended.
J. Marijuana businesses shall incorporate odor control technology and provisions, and ensure that emissions do not exceed Southwest Washington Clean Air Agency regulations, including but not limited to those specified for odors at 400.040(4). (Ord. M-4169 § 5, 06/27/2016; Ord. M-4156 § 2, 02/01/2016; Ord. M-4149 § 2, 12/29/2015; Ord. M-4071, Added, 03/03/2014, Sec 3)
The City of Vancouver finds that production or processing of marijuana or marijuana infused products or storage or growing of plants in residences, pursuant to RCW 69.51A, that can be readily seen by normal unaided vision, or readily smelled, from a public place or private residence shall constitute a nuisance for enforcement purposes. (Ord. M-4169, Added, 06/27/2016, Sec 6)
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Violations of this Chapter shall be subject to enforcement action as provided in the Uniformed Controlled Substances Act, Title 69 RCW. In addition, violations of this Chapter shall be subject to the enforcement provisions set forth in VMC Chapter 20.140. (Ord. M-4147 § 4, 12/07/2015; Ord. M-4071, Added, 03/03/2014, Sec 3)
No use that constitutes or purports to be a marijuana producer, marijuana processor, or marijuana retailer, as those terms are defined in this ordinance, that was engaged in that activity prior to the enactment of this ordinance shall be deemed to have been a legally established use under the provisions of the Vancouver Municipal Code and that use shall not be entitled to claim legal non conforming status. (Ord. M-4071, Added, 03/03/2014, Sec 3)
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This chapter shall not supersede rights and obligations under Washington law for individual medically authorized users to grow marijuana for their use on private property, or designate individual parties to do so on their behalf pursuant to RCW 69.51A as amended in SSSB 5052 Section 27. Unless otherwise specified by state law: (a) No medically authorized user shall grow more than the number of marijuana plants specified on their recognition card up to a maximum of 6 medically authorized marijuana plants; (b) No more than 15 medically authorized marijuana plants may be grown, processed or possessed in a housing unit with multiple medically authorized marijuana user residents and (c) no portion of these activities may be seen by normal unaided vision, or smelled, from a public place or private housing residence. (Ord. M-4187, Repealed & Replaced, 12/05/2016, Sec 9; Ord. M-4169, Added, 06/27/2016, Sec 7)
A. General. The purpose of this chapter is to provide an administrative approval process whereby the city may permit uses to locate with the city on an interim basis without requiring full compliance with the development standards for the applicable zoning district, or by which the city may allow seasonal or transient uses not otherwise permitted.
B. Respect for base zoning districts. It is not the intent of this chapter to provide a means to circumvent the strict application of the permitted uses in the base zoning districts. Time limits are to be strictly enforced.
C. Location. All temporary uses addressed in this section shall be located outside of the public right-of-way. (Ord. M-4402 § 3(W), 2023; Ord. M-3643, 2004)
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A. Seasonal or special events. This type of temporary use includes seasonal or special events which involve the placement of tents, canopies, membrane structures or storage containers.
B. Unforeseen/emergency situations. This type of temporary use is one for which there is a need because of an unforeseen event such as fire, windstorm, flood or other event deemed by the planning official to be an emergency situation.
C. Temporary use in commercial and industrial zones. This type of temporary use includes a temporary trailer or prefabricated building for use on any commercial or industrial zoned property within the city as a temporary commercial or industrial office or space associated with the primary use on the property.
D. The planning official may authorize a temporary use permit for a use not specifically listed above.
E. Exemptions. The following activities are exempt from the requirements of this chapter, but shall comply with other substantive requirements of this chapter, unless specifically noted otherwise:
1. Garage sale and yard sale lasting no longer than two days;
2. Christmas tree lots;
3. Temporary sales office or model home either in a housing unit or in another temporary building for the purpose of facilitating the sale of homes to prospective buyers in any subdivision or planned development within this city under a permit issued by the building department;
4. Storage of equipment during the construction of roads or development or job trailer associated with an active land use and/or building permit. (Ord. M-4402 § 3(W), 2023; Ord. M-3701 § 27, 2005; Ord. M-3643, 2004)
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A. Decision-making process. Temporary uses shall be reviewed by means of a Type I procedure unless waived by the planning official.
B. Effective period. An approval for a temporary use by the planning official shall be effective for a period of not more than one year unless otherwise stipulated by the approval or renewed pursuant to subsection D of this section, Renewal of approval.
C. Lapsing of approval. An approval for the temporary use by the planning official shall lapse if:
1. Substantial construction of the approved plan or onset of the approved activity has not begun within the approval period; or
2. Construction or activity on the site is a departure from the approved plan; or
3. The temporary use does not comply with approval criteria in VMC 20.885.050.
D. Renewal of approval.
1. General. A temporary use approval may be renewed no more than twice by the planning official for a period not to exceed one year each. The request for an extension shall be processed by means of a Type I procedure, as governed by VMC 20.210.040. (Ord. M-4402 § 3(W), 2023; Ord. M-3959 § 39, 2010; Ord. M-3922 § 39, 2009; Ord. M-3643, 2004)
A. General submission requirements. The applicant for a temporary use shall submit the following information:
1. Application form (including property owner’s signature) provided by the planning official for a Type I procedure.
2. Site plan drawn to scale that illustrates the proposed temporary use in relationship to other improvements on the site and showing how such use is in compliance with applicable development standards (setbacks, lot coverage, etc.).
3. Narrative that provides the information necessary to determine compliance with the relevant approval criteria contained in VMC 20.885.050.
B. Emergency situations. The planning official may waive any of the requirements in this chapter for cases that involve destruction of an existing structure due to fire, natural causes or other circumstances that are beyond the control of the applicant. An emergency as allowed by this subsection shall not include failure by the applicant to submit a temporary use request as provided in this chapter. (Ord. M-4402 § 3(W), 2023; Ord. M-3643, 2004)
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A. The planning official shall approve a request for temporary use permit if the application satisfies the following criteria:
1. The temporary use will not be materially detrimental to the public health, safety or welfare, nor injurious to property or improvements in the immediate vicinity;
2. The applicant has proof of the property owner’s permission to place the temporary use on the property;
3. There will be no parking utilized by the customers and employees of the temporary use which is needed by the property owner to meet the minimum parking requirements, as governed by VMC 20.945.070, Minimum Off-Street Parking Requirements;
4. The temporary use will not interfere with adequate vision clearance, as governed by Chapter 20.985 VMC, Vision Clearance, and shall not obstruct pedestrian access on public rights-of-way;
5. Conditions may be required by building official and/or fire marshal to determine compliance with minimum building, fire and life safety codes; and
6. Adequate provisions for trash disposal and sanitary facilities shall be provided.
7. The use will not create adverse off-site impacts including noise, odors, vibrations, glare or lights which will affect the adjoining uses as governed by Chapter 20.935 VMC, Off-Site Impacts.
8. The use can adequately be served by sewer or septic system and water, if applicable.
9. For seasonal and special events, the event occurs for no longer than 30 days in a calendar year on the approved event site. (Ord. M-4402 § 3(W), 2023; Ord. M-4254 § 3(KK), 2018; Ord. M-3922 § 40, 2009; Ord. M-3701 § 28, 2005; Ord. M-3643, 2004)
A. Purpose. In addition to accomplishing the general purposes of the Comprehensive Plan and Title 20, the purpose of this chapter is to set forth the regulations for the placement, development, permitting, and removal of wireless communications facilities, including support structures and antennas. The purposes of this ordinance are to:
1. Minimize the adverse visual, aesthetic and safety impacts of wireless communications facilities or residential districts and on the community as a whole.
2. Establish clear and objective standards for the placement, design and continuing maintenance of wireless communications facilities,
3. Ensure that such standards allow competition and do not unreasonably discriminate among providers of functionally-equivalent services.
4. Encourage the design of such facilities to be aesthetically and architecturally compatible with the surrounding built and natural environments.
5. Encourage the location of wireless communications support structures in nonresidential areas.
6. Encourage the collocation or attachment of wireless communications antennas on existing support structures or to help minimize the total number and impact of such structures throughout the community. (Ord. M-3643, 2004)
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A. Exemptions. The requirements of this chapter shall apply to all new wireless communications facilities and the expansion and/or alteration of any existing facilities within the city of Vancouver, subject to the following exemptions:
1. Satellite earth stations using antennas not more than two meters in diameter in commercial and industrial districts and direct-to-home satellite services using any size antenna in any district.
2. Send-and-receive citizen band radio antennas operated by federally licensed amateur (ham) radio operators.
3. Industrial, scientific and medical equipment as regulated by the FCC in 47 CFR Part 18.
4. Military and government radar antennae and associated communication towers used for navigational purposes as regulated by the FCC by 47 CFR Parts 97 and 95 respectively:
a. Military and federal, state and local government communications facilities used for emergency preparedness and public safety purposes; and
b. Normal, routine and emergency maintenance and repair of existing wireless communications facilities which do not increase the size, footprint or bulk of such facilities and which otherwise comply with city, state and federal law and regulations.
B. Process Type. All permitted attached antennas and collocations require a Type I building permit. All other permitted uses shall require a Type II permit. Any wireless communications facilities not otherwise permitted or prohibited shall require a conditional use permit.
C. General development standards. Those wireless communication facilities which require a conditional use permit to be located in the applicable zoning district are subject to the general development standards of VMC 20.890.040; the specific approval criteria of VMC 20.890.080; and the general conditional use approval criteria contained in Chapter 20.245 VMC governing conditional uses.
D. BPA Transmission Lines. BPA transmission towers and municipal water towers shall be considered wireless support structures for the purposes of collocations. (Ord. M-3959 § 40, 07/19/2010; Ord. M-3643, 01/26/2004)
Nonconforming activity. Wireless communications uses and structures in existence as of 12/21/98 which are nonconforming as to the use or development standards of this ordinance shall be subject to the provisions of Chapter 20.930 VMC, Nonconforming Situations, except that new antennae may be permitted to collocate on pre-existing wireless communication support structures subject to the development standard contained in Section 20.890.040 VMC. (Ord. M-3643, 2004)
Development standards. The following minimum development standards shall apply to all wireless communications facilities in addition to any development standards that apply in the underlying zoning district in which a wireless communication facility is located and/or additional requirements in any conditions of approval attached to a conditional use approval. In the event of a conflict between the standards of this section and other applicable development standards of this title, the more stringent standards shall govern.
A. Anti-climbing devices. All wireless communications support structures and required fencing shall be equipped with appropriate anti-climbing devices.
B. Attachment to trees prohibited. It is prohibited to attach any wireless communications facility or portion thereof to any tree.
C. Signs. All wireless communications support structures shall be identified with a nonilluminated sign not exceeding four square feet. The sign shall list the wireless service provider’s name and emergency telephone number and shall be posted in a place visible to the general public.
D. Historical registry/district. Wireless communications facilities locating on any site or existing building that is on a historic register or in a historic district shall be subject to the applicable design standards prescribed by the local, state or federal agency with jurisdiction over such register or district.
E. Lighting. Wireless communications facilities shall not be illuminated except where required by the FAA, or the Washington Department of Transportation, Aeronautics Division.
F. Painting. Wireless communications facilities shall be painted or finished in a manner that blends with the dominant background, except where otherwise required by the FAA or Washington Department of Transportation, Aviation Division. The applicant and the operator of the facility shall have a continuing duty to maintain such paint or finish.
G. Setbacks. The following setback standards shall apply to wireless communications facilities:
1. Accessory equipment structures and wireless communications support structures which are attached to existing buildings or other permanent structures shall comply with the setback requirements for the underlying district.
2. Free-standing wireless communications support structures located in any district shall be set back from any property line of an abutting residential use or district by a distance equal to the height of the wireless communications support structure, or the setback of the underlying district, whichever is greater.
3. Setbacks for free-standing wireless communications support structures shall be measured from the ground-level base of the structure.
4. The setback in any district may be reduced by means of a Type I review if the applicant can demonstrate that:
a. Reduction in the setback increases the screening opportunities between the facility and abutting residential and other uses, for example, by placement behind tall trees, in tree groves, behind buildings or near other tall elements; and
b. The reduction in setback allowed is the minimum required to achieve increased visual screening of the facility from abutting residential uses.
H. Landscaping standards. Wireless communications facilities in residential and commercial districts shall be subject to the following landscaping and screening standards:
1. The perimeter of the wireless communication support structure and any guy wires and anchors shall be enclosed by a fence or wall per requirements contained in Chapter 20.925 VMC, Landscaping.
2. Within the required setback, the applicant shall provide landscaping to include: at least one row of evergreen shrubs spaced not more than five feet apart and capable of growing to form a continuous hedge at least five high within five years of planting, and evergreen trees or shrubs, spaced not more than 15 feet apart or less than four feet high when planted.
3. Landscape materials shall be selected and sited to produce a hardy and drought-resistant landscape area and approved by the planning official or his designate.
4. Maintenance of the landscaped area shall be the responsibility of the applicant and/or operator of the facility. Required landscaping must be maintained in a healthy condition. Trees and shrubs that die must be replaced with healthy materials of the same or similar species and same size to the extent practicable.
5. Temporary irrigation shall be provided to help ensure survival during the critical establishment period.
6. The planning official or his designate may allow the use of landscaping and screening other than that described in subsections (H)(1) and (H)(2) of this section if the applicant shows the proposed landscaping and screening will achieve at least the same degree of screening provided pursuant to those subsections when viewed from off-site public areas and residences.
I. Height standards. The following standards shall apply to wireless communications facilities:
1. The height of a wireless communications facility shall include the support structure and any attached antennae proposed at the time of application.
2. The maximum height of wireless communications support structures and their antennae shall meet the maximum height standards of the underlying zone, except that all new support structures or attached antennae that exceed 100 feet in overall height in any zoning district shall require a Type III conditional use permit.
a. A lightning rod, not to exceed 10 feet in height, or FAA-required lighting shall not be included within the height limitations;
b. Antennas or equipment shelters that are mounted on existing buildings or structures, or other wireless communications support structure or collocated facilities, in residential, commercial and industrial districts are exempt from the height restrictions of the underlying zone, but shall be no more than 15 feet taller than the existing building or structure on which the antennas are mounted.
3. The height limitation exemptions contained in Chapter 20.910 VMC, Exceptions and Interpretations, shall not apply to wireless communications support structures and antennas.
J. Parking. Each site for a wireless communications support structure shall designate one adjacent parking space. An existing parking space on a parent site may be utilized to meet this standard.
K. Dispersal. (Reserved)
L. Access. Whenever possible, vehicular access to the facility shall be incorporated into the existing driveway of a site.
M. Insurance. Liability insurance in an amount not less than $1,000,000 shall be maintained by the owner and operator of the facility until such facility is dismantled and removed from the parent site. Failure to maintain insurance coverage shall constitute a violation of this chapter and grounds for revocation of a permit.
N. Performance bond. The applicant or facility operator of the facility shall obtain and keep in force throughout the time the facility is located on the site a performance bond payable to the city in the amount of not less than $1,000 or such other greater amount as found by the planning official or his designate to be, to cover the estimated reasonable costs of removal of such facility by the city if required pursuant to VMC 20.890.110; these include direct and administrative costs associated with demolition, dismantling, removal and disposal of the facility by the city or its contractor. The bond shall be reviewed by the planning official or his designate every five years to ensure that it is sufficient to cover the costs of removal. Additionally, the applicant or facility operator shall post a separate bond for a two-year period following issuance of approval for the facility, in the amount of not less than $1,000 or such greater amount as found by the planning official or his or her designate to be sufficient to cover the cost of maintaining landscaping and/or screening of the facility.
O. Building and utility permits. The applicant for a permit pursuant to this chapter shall submit an application, plans, specifications and all other materials to obtain a building permit and any applicable utility permits. Such permits may be applied for either concurrently or after approval of other permits required by this chapter. Submittal requirements for attached antennas and collocations are subsection M of this section, liability insurance; subsection N of this section, Performance Bond; and a lease agreement.
P. Screening. For new support structures and accessory equipment to be located in any district other than industrial districts, visual impacts must be mitigated to the greatest extent practicable by using stealth design, camouflage or screening, including but not limited to: fencing, landscaping, strategic placement adjacent to existing buildings or existing vegetation, placement of accessory equipment structures underground, and/or incorporation of wireless facilities into the architectural features of existing buildings or structures. Mitigation may also include design compatibility with key elements in the surrounding area, such as: use of brick or other material similar to that used in adjacent buildings or structures; visually blending of support structures with compatible architectural features such as flag poles, bell towers or cornices; or use of existing vegetation to camouflage support structures.
Q. Replacement of existing structures. A wireless communications support structure may be permitted by means of a Type I procedure as governed by VMC 20.210.040, subject to the standards in the underlying zoning district, except where otherwise noted in the use provisions of this chapter, if it replaces an existing pole, light standard, telecommunications pole or other pole-like structure of the same or greater height, and is not more than twice the same circumference of the pole being replaced, and the antennas attached to such monopole otherwise meets the applicable standards of this section.
R. Collocation evaluation study. An applicant’s collocation study shall consist of a report that includes the following:
1. Identification of other wireless communication sites within the search ring for the proposed wireless facility, based on the city’s database or contact with other providers.
2. Certification from a qualified radio engineer indicating whether the necessary service is technically feasible if provided by collocation on the other provider’s site.
3. A response from the owner/lessor of the site(s) identified by the other provider(s), who either agrees or disagrees to collocation on their property; and/or lease agreement.
4. An evaluation of access and site area at the possible collocation site(s) identified.
S. Aviation criteria. Any proposed telecommunication device, structure or object shall be reviewed to ensure that it does not penetrate any of the airspace surfaces on or near a public or private airport; if such airspace is obstructed, the permit shall be denied. Special attention shall be given to the following:
1. Approach surface. Land lying beneath the approach surface which extends outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the runway end.
2. Transitional surface. The transitional surface begins at the runway end and on either side of the runway surface and slopes upward and outward at a 7:1 slope meeting the horizontal surface at 150 feet above the elevation of the airport.
3. Horizontal Surface. The horizontal surface begins by swinging arcs of 5,000 feet from the center end of the runway surface creating an elongated oval above the runway. The height of the horizontal surface is 150 feet above the elevation of the airport.
4. Conical Surface. The conical surface begins at the edge of the horizontal surface and extends upward and outward for a distance of 4,000 feet at a slope of 20:1 with an initial elevation of 150 feet above the airport elevation. (Ord. M-3643, 01/26/2004)
Temporary wireless communications facilities. Wireless communications facilities may be permitted as a temporary use with review by the Planning Official or his designate in order to facilitate continuity in wireless communications service during repair or maintenance of existing wireless communications facilities or for testing purposes prior to completion of construction of new wireless communications facilities. Temporary wireless communications facilities shall operate for not more than 60 days within a six- month period commencing when transmission from such facility begins. The wireless communications facility shall be removed within 30 days after the facility is no longer needed for telecommunications purposes. Such temporary permits shall be subject to the insurance and bonding requirements of Section 20.890.040(N) VMC.] (Ord. M-3643, 2004)
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A. In lower-density residential districts. Wireless communications facilities in lower-density residential districts, (i.e., R-2, R-4, R-6 and R-9) are regulated as follows:
1. Lattice tower support structures, and new or replacement monopole support structures are prohibited.
2. Antennae are prohibited on attached and detached single-family dwellings and on their accessory structures.
3. Antennae and micro-cell facilities to be attached to multi-family or nonresidential structures require a conditional use permit except when collocating on an existing wireless communications facility.
B. In Higher-density residential districts. Wireless communications facilities in higher-density districts, (i.e., R-18, R-22, R-30 and R-35) are regulated as follows:
1. Lattice tower support structures and new or replacement monopole support structures are prohibited.
2. Antennae are prohibited on attached and detached single-family dwellings or on their accessory structures.
3. Antennae and micro-cell facilities to be attached to multi-family or nonresidential structures require a conditional use permit, except when collocating on an existing wireless communications facility.
C. In commercial districts. Wireless communications facilities in commercial districts (i.e., CN, CC, CG, CX, HX and WX) are regulated as follows:
1. Lattice tower support structures are prohibited on the site of attached and detached single-family dwellings, and otherwise require a conditional use permit on the site of all other uses. Lattice tower support structures are prohibited in the HX district.
2. Monopole support structures are prohibited on the site of existing attached and detached single-family uses in all commercial districts and within the HX district.
3. Monopole support structures are permitted in CN districts, on the roof of multi-family and nonresidential uses, if the criteria in VMC 20.890.040(Q) for replacement are met.
4. Monopole support structures and their associated accessory equipment structures and antennas otherwise require a conditional use permit in the CN, CC, CG, CX, WX and A districts. Monopole support structures and their accessory equipment structures and antennas are not permitted in the HX district. Furthermore, within the Airport Height Overlay District the provisions of Chapter 20.570 VMC for Pearson Airpark shall apply.
5. Antennas are prohibited on attached and detached single-family dwellings. Antennas and micro-cell facilities are permitted on multifamily residential dwellings and nonresidential structures within such districts subject to the general development standards of VMC 20.890.040.
D. In the CPX District. Wireless communications facilities in the Vancouver Central Park (CPX) District are regulated as follows:
1. Wireless communications support structures are prohibited.
2. Antennae and micro-cell facilities are permitted to be attached to nonresidential structures only within the following conservation districts: 1) Education and Recreation, 2) Social and Health, and 3) Historic Reserve, subject to the general development standards of VMC 20.890.040.
E. In industrial districts. Wireless communications facilities in industrial districts are regulated as follows:
1. Wireless communications facilities are permitted on industrial, commercial and multi-family residential uses in industrial districts. New lattice and monopole support structures, attached antennae and collocated antennae shall not be placed on attached or detached single-family uses or within the setback of the parent parcel on other uses unless the applicant demonstrates that such placement meets the standards of Section 20.890.040(G) VMC.
2. Monopole support structures are permitted on industrial, commercial and nonresidential uses within the industrial districts, if the criteria in Section 20.890.040(Q) VMC for replacement are met. Replacement poles on single-family uses require a conditional use permit.
F. In open space districts. Wireless communications facilities in the open space districts, (i.e., GR and NA) are regulated as follows:
1. Monopole support structures are permitted subject to the replacement standards of Section 20.890.040(Q) VMC, except that replacement poles on attached or detached single- family uses require a conditional use permit.
2. Wireless communications support structures otherwise require a conditional use permit on residential and nonresidential uses within such districts.
3. Antennae and micro-cell facilities must comply with the general development standards of Section 20.890.040 VMC. (Ord. M-4341 § 3 (Exh. B), 2021; Ord. M-3959 § 41, 2010; Ord. M-3922 § 41, 2009; Ord. M-3840 § 36, 2007; Ord. M-3730 § 30, 2005; Ord. M-3643, 2004)
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A. Preapplication conference. Preapplication conferences are required for all proposed wireless facilities except for collocated antennae proposed on existing support structures, pursuant to VMC 20.210.080.
B. Preapplication conference application requirements. In addition to the requirements of VMC 20.210.080 and the preapplication form provided by the community development department, the applicant shall submit a graphic representation of the search ring for wireless communication services proposed, and a narrative describing how the proposal complies with the development standards of VMC 20.890.040.
C. Permit application requirements. In addition to the requirements of Chapter 20.210 VMC, the applicant shall, unless otherwise waived by the planning official or designate for good cause shown, provide the following:
1. Siting/collocation arrangements. A copy of the applicant’s collocation evaluation study, as required by VMC 20.890.040(R) or a valid agreement for collocation of the wireless communication facility on an existing building or support structure of another wireless services provider.
2. Visual impact simulation. A graphic simulation of the proposed facility from not less than three perspectives, one of which shall be from ground level from any abutting residential property or the nearest public right-of-way.
3. Available sites map. A map showing the service area of the proposed facility and a written explanation of the need for that facility, relative to existing facilities available within the search ring.
4. A report from a qualified licensed engineer documenting:
a. The anticipated capacity of the support structure, including the number and types of antennas which can be accommodated; at a minimum, the structure must be designed to accommodate at least two wireless antenna installations.
b. A projection of the wireless communication facilities within the coverage area of the facility proposed, that can be reasonably anticipated to be sited during the next five years.
c. A summary of findings that support the need for the facility at the location proposed.
d. The facility complies with all applicable standards of the FAA and FCC, including RF energy standard.
D. Permit issuance. Prior to the issuance of a building permit, the applicant shall provide the following:
1. A copy of the applicant’s license issued by the FCC.
2. A copy of the findings from the FAA’s aeronautical study determination regarding the proposed support structure.
3. In the case of a leased site:
a. The applicant shall demonstrate that the lease agreement does not preclude the site owner from entering into leases of the site with other providers; and
b. Completion of a land division, in accordance with the provisions of Chapter 20.300 VMC, governing land divisions and binding site plans and the state subdivision law, Chapter 58.17 RCW. (Ord. M-4402 § 3(X), 2023; Ord. M-4289 § 4, 2019; Ord. M-4147 § 4, 2015; Ord. M-3643, 2004)
A. Application for new wireless site. In the case of an application for use of a new site for wireless communications facilities, that all reasonable opportunities to collocate the facility, or to locate the facility on an existing building or structure have been exhausted by the applicant and are not feasible.
B. Application for lattice tower outside an industrial zone. In the case of an application for a lattice tower in other than an industrial district, that there is no feasible alternative to use of a lattice tower at the proposed site, or within the search ring for provision of wireless communications services.
C. Application for wireless site in residential zones. In the case of an application to locate a wireless communications facility in any residential district on property used for nonresidential uses, such nonresidential use is at the time of such application, a permitted or conforming use within the residential district.
D. Application for wireless facility exceeding 100'. If the wireless facility proposed would be in excess of 100 feet in height, that a structure of lesser height or another location at higher elevation is not feasible.
E. Visual impact mitigation.
1. That visual impacts have been mitigated to the greatest extent possible by using camouflage or screening, including but not limited to: fencing, landscaping, strategic placement adjacent to existing buildings or existing vegetation, placing accessory equipment structures underground, incorporating facilities into the architectural features of existing buildings or structures. Mitigation may also include design compatibility with key elements in the surrounding area, such as use of brick or other material similar to that used in adjacent buildings or structures; visually blending support structures with compatible architectural features such as flag poles, bell towers or cornices; or using existing vegetation to camouflage support structures.
2. That the location for a wireless communication facility has been chosen so as to minimize the visibility of the facility to residentially-zoned land, and to minimize the obstruction of scenic views from residentially-zoned land. (Ord. M-3643, 2004)
A. Expiration of permits. Any permit for a wireless communication support structure shall expire if all providers using a support structure cease using it for wireless communications systems for more than 12 continuous months.
B. Period of review. Any permit for a wireless communications support structure issued pursuant to this ordinance shall be reviewed after 10 years from effective date of the permit approval. Such review shall be initiated by the applicant within 30 days of the 10-year period, and completed by the city within the timelines established for ministerial review of land use permits. The wireless communications facility shall be reviewed for compliance with the ordinance in effect at the time of review, and in particular, to determine if opportunities for replacement with "stealth" technology or micro-cell antennae are technologically feasible. If stealth or micro-cell antennae are feasible for the site, then these antennae shall be utilized as a replacement, and the existing support structure removed. (Ord. M-3643, 2004)
A. Compliance with federal regulations and penalties. All wireless communications support structures must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the federal government with the authority to regulate wireless communications support structures and antennae. If such standards and regulations are changed, owners of the wireless communication support structure, antennae and electronic equipment governed by this ordinance shall bring such wireless communication support structure, antennae and electronic equipment into compliance with such revised standards and regulations within the compliance schedule of the federal agency. Failure to bring wireless communications support structures and antennae into compliance with such revised standards and regulations shall constitute grounds for the removal of the wireless communication support structure, antenna or electronic equipment at the owner’s expense.
B. Required environmental assessment. The owners of such wireless communications support structures, antennae and electronic equipment shall provide the city with copies of all environmental assessments (EAs) required to be submitted to the FCC or FAA regarding locations within the city simultaneously with any filing with the federal agencies pursuant to 47 CFR Part I. (Ord. M-3643, 2004)
Criteria for antenna removal. Any antenna or wireless communications support structure that is not operated for wireless communications for a continuous period of 12 months, shall be removed by the owner of the property on which the support structure or antenna is situated, or by the owner or lessee of the support structure or antenna within 90 days of receipt of notice to remove from the city. If the antenna and/or support structure is not removed within said 90 days, the city may remove the antenna or support structure at the owner’s expense. If there are two or more wireless communications providers collocated on a single support structure, this provision shall not become effective until all providers cease using the wireless communication facility for a continuous period of 12 months. (Ord. M-3643, 2004)
Reasons for periodic review. The city recognizes that communication technologies are subject to rapid change. Future innovations may result in reducing the impacts of individual facilities and render specific portions of this ordinance obsolete. Periodic review and revision of this ordinance shall occur at least every five years thereafter or more frequently at the request of the Planning Commission, City Council or the City Manager. (Ord. M-3643, 2004)
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Summary of wireless communication facility regulations. The table below is a summary of the regulation of wireless communications facilities in the zoning districts, as authorized in Chapter 20.890 VMC. In the event of a discrepancy between the table and the ordinance language of this chapter, the ordinance language shall control.
Table 20.890.130-1 Wireless Summary Table | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
Monopole (New) On | Replace with Monopole1 | Attached Antenna On | Height | |||||||
Zone District | Lattice Tower | SF | MF | N/RES | MF | N/RES | SF | MF | N/RES | |
R-2 – 9 | X | X | X | X | X | X | X | C | C4 | - |
R-18 – 35 | X | X | X | X | X | X | X | C | C4 | 35 |
CN | C | X | C | C | P | P | X | P | P | 35 |
CC | C | X | C | C | P | P | X | P | P | 50 |
CG | C | X | C | C | P | P | X | P | P | - |
CX | C | X | C | C | C | C | X | P | P | See Note5 |
MX | C | C | C | C | C | C | X | P | P | 65* |
WX | C | C | C | C | C | C | X | P | P | 605 |
HX | X | X | X | X | X | X | X | P | P | See Note5 |
OCI | C | C | C | C | P | P | X | P | P | 72 |
IL | P | X | P | P | P | P | X | P | P | 455 |
IH | P | X | P | P | P | P | X | P | P | - |
NA | C | C | C | C | P | P | X | C | P | 35 |
GW/VL GW/LF | C | C | C | C | P | P | X | C | P | See Note5 |
CPX/H2 | X | X | X | X | X | X | X | X | X | See Note2 |
CPX3 | X | X | X | X | X | X | X | X | P | See Note2 |
1Replacement of an existing pole, light standard, telecommunications pole or other pole-like structure by a monopole of the same or less height, and not more than twice the same circumference of the pole being replaced. (20.890.040(Q) VMC)
2Vancouver Central Park Plan District VMC 20.640.040, Historic Reserve Conservation District.
3Vancouver Central Park Plan District, VMC 20.640.050, Education and Recreation Conservation District, or VMC 20.640.060 Social & Health Services Conservation District, as applicable.
4Subject to 20.890.060 (A)(3) VMC and 20.890.060 (B)(3) VMC.
5See underlying zoning district for further clarification.
Key:
P – Permitted (subject to development standards)
C – Conditional Use
X – Prohibited
Additional Notes:
Collocation on an existing, legally established wireless support structure is permitted in all districts.
All new support structures over 100 feet in height require a Conditional Use Permit.
(Ord. M-4341 § 3 (Exh. B), 2021; Ord. M-3959 § 42, 2010; Ord. M-3891 § 10, 2008; Ord. M-3840 § 38, 2007; Ord. M-3730 § 31, 2005; Ord. M-3701 § 29, 2005; Ord. M-3643, 2004)
Purpose. In addition to other standards and requirements imposed by this Title, all uses included in this Chapter shall comply with the provisions stated below. Should a conflict arise between the requirements of this Chapter and other requirements of this Title, the more restrictive provision shall control. (Ord. M-3643, 2004)
A. Defined. The development standards in subsection B of this section apply to any facility that falls within the use classification for animal kennels/shelters, pursuant to VMC 20.160.020(E)(3) as reviewed during site plan review, as governed by Chapter 20.270 VMC.
B. Site requirements. Where allowed, kennels and shelters shall be located not less than 50 feet from any property line. Kennels providing adequate soundproofing pursuant to the off-site noise provisions of Chapter 20.935 VMC may have said setback wholly or partially waived to no less than the extent of any main or accessory building setbacks as may also be applicable. Such facilities shall provide automobile and truck ingress and egress; and shall also provide parking and loading spaces so designed as to minimize traffic hazards and congestion. Applicants shall demonstrate compliance with all of the requirements of Chapter 20.935 VMC, Off-Site Impacts, and Chapter 8.24 VMC, Animals. Capacity shall be no more than 175 animals at one time; provided, that the animal control agent has the authority to limit proposed facilities to lower capacity levels where necessary to achieve full compliance with all applicable standards. Dog day care activities within kennels shall comply with Chapter 20.850 VMC, except that limits on the number of dogs shall be as specified herein. (Ord. M-4418 § 2(c), 2023; Ord. M-4254 § 3(NN), 2018; Ord. M-3643, 2004)
A. Defined. The development standards in subsections B and C of this section apply to any facility that falls within the use classification for Cemeteries, pursuant to VMC 20.160.020(E)(4) as reviewed during site plan review, governed by Chapter 20.270 VMC.
B. Access. A cemetery or related facility shall have its principal access on city arterial or road with ingress and egress designed so as to minimize traffic congestion as determined by the city engineer.
C. Landscaping. A cemetery shall establish and maintain a 15-foot landscape buffer along its entire perimeter except driveways, as governed by Chapter 20.925 VMC, Landscaping. (Ord. M-3643, 01/26/2004)
A. Defined. The development standards in Subsection (B) below shall apply to any facility that falls within the use category for Community Recreation, pursuant to Section 20.160.020(B)(3) VMC; and Social /Fraternal Clubs/Lodges, pursuant to Section 20.160.020(B)(13) VMC.
B. General requirements.
1. All buildings shall be set back a minimum of 30' from a side or rear lot line that abuts residentially-zoned property.
2. There shall be no external evidence of any incidental commercial activities taking place within the building. (Ord. M-3643, 2004)
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A. Defined. Domestic animals and livestock as defined per 20.150.040 are allowed for hobby and personal use purposes within all zoning districts subject to the standards in Subsections B – F below, in addition to any applicable requirements of VMC Section 8.20 (Nuisances) and 8.24 (Animals).
B. General Requirements.
1. Domestic Animals. The keeping of domestic animals shall comply with all requirements of this section and all requirements of VMC 8.20 and 8.24, as noted above.
2. Large Livestock. The keeping of livestock that will weigh more than 500 pounds at maturity requires a minimum lot size of one acre for the first animal. For each additional animal, an additional contiguous 10,000 square feet must be available. The minimum one acre lot may include a normally permitted residence, provided that at least 1/2 acre is still available for livestock use.
3. Small Livestock. The keeping of livestock that will weigh 100-500 pounds at maturity will require a minimum lot size of 1/2 acre for the first animal. For each additional such animal, an additional contiguous 5,000 square feet must be available. The minimum half acre lot may include a normally permitted residence, provided that at least ¼ acre is available for livestock use.
4. Miniature Livestock. Miniature livestock, such as certain breeds of mini-goats and mini-horses, that will weigh under 100 pounds at maturity are considered domestic animals. The combined total of all miniature animals and dogs on a single premises shall not be more than three, unless the lot size requirements for small livestock specified above are met.
5. Poultry and Rabbits. The keeping of chickens, ducks, geese, domesticated hare or rabbit, and similar animals is permitted with no required minimum lot size. No turkeys, peacocks, or roosters are permitted.
6. Livestock facilities. Barns, sheds, and shelters used to house livestock shall be located in the rear yard and meet the same side and rear yard setbacks as the primary residence. Doorways and other openings shall be oriented away from neighboring properties. Livestock shall be confined or tethered in such a manner that intrusion on to neighboring property or damage to neighboring landscaping and fences is avoided. Such facilities shall be included in lot coverage percentage calculations.
C. Exceptions to Swine Prohibition. Notwithstanding the above prohibition of swine, the keeping of that type of swine commonly referred to as Miniature Vietnamese, Chinese or Oriental pot-bellied pig (sus scrofa vittatus) is allowed, subject to the following conditions:
1. The maximum height of the swine may be no more than eighteen 18" at the shoulder and weight shall be no more than 95 pounds;
2. The swine must have been spayed or neutered prior to entry into the City;
3. Registration, vaccination and other requirements as set forth in Section 8.24.022 VMC must be met; and
4. No more than two such pigs shall be kept at any one address for any period in excess of three calendar days.
D. Lot size exceptions. The minimum lot size does not apply to miniature livestock, as addressed above in VMC 20.895.050(B)(4) or Miniature Vietnamese, Chinese or Oriental pot-bellied pig (sus scrofa vittatus), as defined above in VMC 20.895.050(C).
E. Off-site impacts. The keeping of domestic animals or livestock shall comply with all of the applicable requirements of Chapter 20.935 VMC, Off-Site Impacts.
F. Other Requirements.
1. The raising and keeping of animals is also subject to VMC Section 8.20 (Nuisances) and 8.24 (Animals).
2. The raising and keeping of domestic animals for commercial purposes is prohibited. Commercial purposes does not include incidental sale of livestock off-spring, milk, or eggs subject to Washington State health and agricultural regulations.
3. The keeping of four or more dogs, which are 5 months old or older constitutes a Kennel and must meet requirements of 20.895.020. Excludes veterinary clinics, animal hospitals and dog day care. (Ord. M-3959 § 43, 07/19/2010; Ord. M-3643, 01/26/2004)
A. Defined. The development standards in Subsection B – E below shall apply to any Indoor Target Shooting Range.
B. Criteria for building design and construction. Building design and construction shall provide the following:
1. Solid masonry or concrete on all walls in the shooting areas.
2. Trap construction to prevent bullet penetration and ricochet.
3. Sound baffling to assure noise levels not greater than 65 dBA at the property line.
4. Air ventilation and filtration system capable of removing dangerous levels of smoke and particulates.
C. Worker safety. Hearing protection devices shall be required for all persons exposed to noise levels above 75 dBA.
D. Air emission permit. Air emission permit shall be obtained from Southwest Clean Air Agency (SWCAA) prior to occupancy permit.
E. Noise. Baffling to assure noise levels do not exceed 60 dBA in the waiting area and 50 dBA in the office area. (Ord. M-3643, 2004)
A. Defined. The development standards in Subsection B – G below apply to any facility that falls within the use category for Motor Vehicle Fuel Sales, pursuant to Section 20.160.020(C)(5)(c) VMC and Motor Vehicle Servicing/Repair, pursuant to Section 20.160.020(C)(5)(b) VMC, as reviewed during site plan review, governed by Chapter 20.270 VMC.
B. Lot area and frontage. Minimum lot area shall be 10,000 square feet, with at least 100' frontage on a public street.
C. Surfacing. The entire area to be used for driveway, service or parking shall be surfaced with light bituminous macadam or better.
D. Repair work. All repair work shall be done within an enclosed building.
E. Buffer of adjacent property. A solid or woven fence or solid evergreen hedge, free of advertising, which is 6' in height, shall be maintained along property lines which abut residential districts.
F. Off-site impacts. The facility shall comply with all of the applicable requirements of Chapter 20.935 VMC Off-Site Impacts governing glare, noise, vibration, dust and heat.
G. Retail. Sale of merchandise shall be conducted within a building except for items used for the maintenance and servicing of automotive vehicles. (Ord. M-3643, 2004)
A. Defined. The development standards in Subsection B – C below apply to any facility that falls within the use category, pursuant to Section 20.160.020(E)(2) VMC, as reviewed during site plan review, governed by Chapter 20.270 VMC.
B. General requirements. All landing strips for aircraft or heliports shall be so designed and the runways and facilities so oriented, that the incidence of aircraft passing directly over dwellings during their landing or take-off patterns is minimized. They shall be located so that traffic shall not constitute a nuisance to neighboring uses. The proponents shall show that adequate controls or measures will be taken to prevent offensive noise, vibrations, dust, or bright lights. New landing strips and heliports shall not be construed to be permitted in any district established by this Title, unless and until a conditional use permit shall first have been secured. (Ord. M-3643, 2004)
A. Defined. Temporary storage units are box-like containers used for storing household items that are being moved to another location or being stored during a home remodel projects.
B. Placement Standards.
1. On properties with single-family residences, the unit shall be placed in the driveway or other paved surface, not to extend into public right-of-way.
2. On properties with multi-family residences, the unit shall be placed in a parking space. Not to extend into an aisle way or public right-of-way.
3. Alternate location may be approved at the discretion of the City Planning Official, provided that the alternate location does not create an unsafe condition.
4. A City street use permit shall be required for the placement of temporary storage units in a public right-of-way.
C. Duration of placement.
1. Allowed up to 30 days without a permit.
2. Allowed up to 90 days total with a land use permit.
D. Safety. Storage of flammable or hazardous material within temporary storage units is prohibited.
E. Signs. Signs on temporary storage units may only identify the owner or provider of the storage unit and not include advertisement of any other product or service. (Ord. M-3922, Added, 07/06/2009, Sec 42)
A. Defined. The development standards of this section apply to any facility that falls within the use classification for self-service storage, pursuant to VMC 20.160.020(C)(8).
B. General Requirements.
1. Self-service storage shall be prohibited on properties located in whole or part within 500 feet of major corridors, which is measured from the centerline of the street, as illustrated in Figure 20.895-1 contained herein. Map on file with department and available for search on individual site-specific parcels.

2. Self-service storage is permitted only within multi-story structures.
3. Self-storage units shall gain access from the interior of the building(s) or site. No unit doors may face the street.
4. Self-storage units shall not be used for:
a. Heavy manufacturing, fabrication, or processing of goods, service or repair of vehicles, engines, appliances or other electrical equipment, or any other heavy industrial activity.
b. Conducting garage or estate sales. This does not preclude auctions or sales for the disposition of abandoned or unclaimed property.
c. Storage of flammable, perishable or hazardous materials or the keeping of animals.
5. Each floor above the ground floor of a self-storage facility building that is facing a street shall at a minimum be comprised of 15 percent glass.
6. At least 75 percent of the width of any new or reconstructed first-story building wall facing a principal, minor, or collector arterial street shall be devoted to interest-creating features, such as pedestrian entrances, reliefs, murals, landscaping, transparent show or display windows, or windows affording views into retail, office, or lobby space.
7. Outdoor storage is prohibited. All goods and property stored at a self-storage facility shall be stored in an enclosed building. No outdoor storage of boats, RVs, vehicles, or similar, or storage in outdoor storage pods or shipping containers is permitted.
8. Recognition of Existing Facilities. Existing self-service storage businesses are permitted to expand or construct new buildings within parcels being used for self-storage as of the date of adoption of the ordinance codified in this section. The expansion or new construction shall be consistent with and meet all applicable standards of the zoning district as well as this section.
A. Purpose. The purpose of these standards is to minimize the risk of spill or discharge of fuels into groundwater or the waters of the state; to promote public health and safety and avoid and minimize impacts to nearby properties from fire or explosion or adverse air emissions; to support a reduction in greenhouse gas emissions and a transition to renewable fuel and energy production consistent with federal, state and local targets; and to protect and preserve fish and wildlife habitat areas to ensure viable tribal fisheries consistent with treaty fishing rights.
B. Applicability. The standards in this section apply to:
1. Bulk fossil fuel storage and handling facilities;
2. Cleaner fuel storage and handling facilities;
3. Small fossil fuel or cleaner fuel storage and distribution facilities.
C. Standards – Non-Capacity Improvements. The city may approve activities or structures for one or more of the following purposes as a limited use, provided there is no increase in baseline capacity:
1. Maintenance, repair, or replacement.
2. Improvement of the safety or security of the infrastructure, including seismic upgrades.
3. Decrease in air or water emissions.
4. Allow the facility infrastructure or buildings to meet new regulatory requirements.
5. Addition of accessory structures or activities that do not add to the baseline capacity of the facility.
The applicant for noncapacity improvements shall specify the baseline capacity for the facility as of the date of the ordinance codified in this section per subsection (E)(2) of this section.
D. Standards for New or Expanded Small Fossil Fuel or Cleaner Fuel Storage and Distribution Facilities.
1. The applicant shall document the existing baseline, and any proposed additional storage capacity and the fuel type(s) to be stored. Documentation shall be consistent with subsection (E)(2) of this section.
2. The planning official shall require seismic upgrades to existing facilities as a condition of the land use permit.
3. The applicant shall obtain approval of comprehensive spill prevention and fire response plans to the satisfaction of the planning official and fire marshal.
4. New small fossil fuel or cleaner fuel storage and distribution facilities shall be located at least 1,000 feet away from residentially zoned properties.
E. Standards for Bulk Fossil Fuel Storage and Handling Facilities – New or Capacity Expansion.
1. New Facilities. New bulk fossil fuel storage and handling facilities are prohibited, regardless of size.
2. Baseline Established. The baseline for storage, transportation, and transshipment facilities is established by the following information available as of November 3, 2022. Storage baseline capacity shall be established using Washington Department of Ecology industrial section permits and oil spill prevention plans or other verifiable documentation. Transshipment and transportation facility baseline is established through the most recent spill prevention plans approved by the Department of Ecology or where a local permit documenting such facilities has been approved more recently. If an existing facility does not have an established refining or storage baseline from a past industrial section permit or spill prevention plan, the baseline must be established as part of a permit application.
3. Expansion of bulk fossil fuel storage and handling facilities is allowed up to 15 percent increase above the baseline capacity if converted to cleaner fuels, as defined by VMC 20.150.040A, and subject to the requirements of subsection F of this section.
F. Standards for Cleaner Fuels Storage and Handling Facilities – New or Expansion.
1. New or expanded cleaner fuel storage and handling facilities are allowed subject to a conditional use permit if no larger than 1,000,000 gallons of cumulative storage, on a site three acres or less in size, and if located at least 1,000 feet from residential zoned land. Size cannot exceed the smaller of 1,000,000 gallons or site acreage three acres. Such facilities shall meet spill prevention/fire response, seismic upgrade, GHG assessment, and annual reports in subsection (F)(3)(b) et seq. of this section.
2. Existing bulk fossil fuel storage and handling facilities may be converted to cleaner fuels, as defined by VMC 20.150.040A, as a limited use, subject to the requirements of subsection (F)(3) of this section.
3. Existing bulk fossil fuel storage and handling facilities converted to cleaner fuels may be expanded, subject to approval of a conditional use permit and compliance with the following criteria:
a. Total or partial conversion of an existing fossil fuel storage and handling to cleaner fuel infrastructure is allowed. If a facility is converted the facility may be increased by up to 15 percent above the baseline capacity. The expansion shall be in proportion to the amount of cleaner fuel storage. For example, if 25 percent of the facility is converted to cleaner fuels, the storage and handling infrastructure may expand by three and three-quarters percent. If 50 percent of the facility is converted to cleaner fuels, storage and handling infrastructure may expand by seven and one-half percent. If 100 percent of the facility is converted into cleaner fuels storage and handling, then 15 percent of the infrastructure may be increased.
b. If a fossil fuel storage and handling facility is partially or fully converted to cleaner fuel infrastructure, that share of the facility used for cleaner fuel storage, transportation, or transshipment of petroleum-based fossil fuels shall be maintained on the overall site; products may be moved to different storage tanks on the site; provided, that the cleaner fuel percentage of the total storage is maintained. The applicant shall provide a comprehensive spill prevention plan and fire response plan to the satisfaction of the planning official and fire marshal.
c. Seismic upgrades pursuant to current building code requirements shall be made to any existing fuel storage facilities.
d. GHG Assessment. Greenhouse gas emissions impacts shall be assessed for expanded facilities. The applicant is responsible to provide an expert evaluation by a qualified professional consistent with the requirements of this code. The evaluation shall document baseline life cycle greenhouse gas emissions from the facility, net increases in life cycle greenhouse gas emissions, and mitigation of greenhouse gas emission increases. Life cycle emissions shall be quantified as defined in 42 U.S.C. § 7545. The planning official shall require mitigation to address the project’s direct greenhouse gas emissions and may require mitigation to address the project’s indirect emissions. The assessment shall address mitigation for net increases in greenhouse gas emissions, which may include, but is not limited to, one or more of the following: on-site efficiency improvements, carbon capture and storage, purchase of carbon offsets from any carbon registry approved by the city or a state agency, implementation of strategies in Vancouver’s Climate Action Plan, or other measures approved by the planning official. The mitigation may concurrently satisfy any other requirements imposed by county, state or federal governments. Mitigation shall be made conditions of approval, and shall be specific, identifiable, quantifiable, permanent, enforceable, and verifiable.
e. Financial Assurance in Case of Accidents. To ensure applicants are able to mitigate the consequences of accidents, proof of financial assurance (such as trust funds, letters of credit, insurance, self-insurance, financial tests, corporate guarantees, payment bonds or performance bonds) shall be provided sufficient to comply with the financial responsibility requirements set forth in any state and federal law applicable to their proposed project. If the applicant relies on an insurance policy for compliance with a state or federal financial assurance requirement, the applicant must add the city of Vancouver as an additional insured as a condition of permit issuance.
f. Annual Report. The applicant shall provide an annual report to the planning official of the following:
i. A description of on-site storage capacity including the number of tanks, tank volumes, and products.
ii. The number of vessel transfers of fuel, both inbound and outbound from the site, the type and quantity of products transferred, and the product destination.
iii. The number of rail cars transporting fuels, both to and from the site, including a description of the product, volume, and destination.
iv. The number of trucks transporting fuels, both to and from the site, including a description of the product, volume, and destination.
v. Documentation that on-site activity is similar to the established baseline of storage and/or throughput.
vi. Conformity with applicable regional, state, and federal reporting or permit requirements pursuant to laws and rules implemented by Southwest Washington Clean Air Agency, Washington Department of Ecology, U.S. Environmental Protection Agency, and U.S. Energy Information Administration to ensure compliance with the requirements herein. (Ord. M-4380 § 11, 2022)
A. Defined. The standards in this section apply to warehouse/freight movement buildings larger than 250,000 square feet of gross floor area on the ground floor.
B. Traffic. Tractor trailers delivering goods to or from warehouses covered by this section shall not travel on Fruit Valley Road.
C. Visual impact reduction. Warehouses covered by this section located adjacent to a public street or highway shall provide a combination of:
1. Architectural elements such as windows, articulation of the façade, and/or moderately dark color (e.g., not white or light-colored) walls; and
2. A 25-foot-deep landscaped buffer between the building and street or highway consisting of native or climate adaptive conifer trees that typically reach at least 60 feet in height at maturity, spaced no further than 20 feet apart. If a sidewalk or utility easement exists in the landscaped buffer, the minimum width shall be increased accordingly. Such buffer area may be counted toward meeting tree density requirements.
D. Climate action measures.
1. Building roofs shall be designed and constructed to handle the structural load of solar panels and equipment, electrical panels and conduit shall be installed to facilitate rooftop solar panels in the future, and rooftop HVAC systems shall be clustered as much as possible to facilitate maximum use of roof area for solar panels.
2. Skylights and/or clerestory windows shall be provided to facilitate natural light; skylights shall be double-paned and located to facilitate maximum use of roof area for solar panels.
3. Roofs shall be white or light colored to reduce heat retention.
4. Truck engine idling is prohibited while parked or loading/unloading.
5. All loading docks shall be outfitted with electric wiring and conduit extending to electric panels to enable future installation of outlets for charging of electric-powered trucks.
6. Secure indoor bicycle storage shall be provided for employees in accordance with the requirements of VMC 20.945.050, Bicycle Parking Design Standards.
7. Electric Vehicle Charging. EV charging stations shall be provided at a minimum of 20 percent of parking spaces on site.
8. Trees shall be planted at a density of at least 33 tree units per acre of the project site, subject to the size, locational and maintenance requirements of Chapter 20.770 VMC. Such additional trees may be planted in a tree tract on site or at an off-site location owned by the applicant and within the limits of the designated neighborhood association within which the development is located, and as approved by the city forester. (Ord. M-4425 § 4, 2023)