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This title is adopted in furtherance of the comprehensive plan of the city. It is declared that the regulations contained herein are necessary for the protection and preservation of the public health, safety, and general welfare, and are designed, among other things, to encourage the most appropriate use of land throughout the city; to promote the coordinated development and redevelopment of land, buildings, and structures within the city; to guide the orderly growth of the city; to maintain the economic stability of land use areas and the conservation and protection of building values; to provide adequate light, air, privacy, and access, to secure safety from fire and other dangers, and to prevent overcrowding of land and avoid undue concentration of population; to help facilitate adequate provision for transportation, water supply, sewerage, schools, parks, and other public requirements.

No building or structure shall be erected and no existing building or structure shall be moved, altered, added to, or enlarged; nor shall any land, building, or structure be used for any purpose or in any manner other than as permitted by this title or amendments thereto, and in compliance with all other applicable regulations adopted by the city including Chapter 15.02, Critical Areas Protection.

* Editors Note: Ord. No. 1227, § 3, adopted Sept. 17, 2008, amended Ch. 17.08 to read as set out herein. Former Ch. 17.08 pertained to similar subject matter. For a complete history of former Ch. 17. 08 see the Disposition of Ordinance Table.

For the purpose of this title certain terms and words are defined in this chapter. When not inconsistent with the context, words used in the present tense include the future; the singular tense includes the plural, and the plural the singular; the word "shall" is always mandatory and the word "may" denotes a use of discretion in making a decision; the word "used," unless the context otherwise requires, shall be considered as though followed by the words: "or occupied," "or intended," "or arranged," and, "or designed to be used."

"Accessory building" or "accessory use" means a subordinate use or subordinate building customarily incidental to and located upon the same lot occupied by the main use or building.

"Adult family home" means the regular family abode of a person or persons who are providing personal care, room and board to more than one but not more than four adults who are not related by blood or marriage to the person or persons providing the services; except that a maximum of six adults may be permitted if the Washington State Department of Social and Health Services determines that the home and the provider are capable of meeting standards and qualifications provided for by law.

"Adverse impact" means a negative impact for the physical, social, or economic environment from an action or project.

"Assisted living" means any group residential program that provides personal care and support services to people who need help with daily living activities as a result of physical or cognitive disability. Assisted living communities usually offer help with bathing, dressing, meals and housekeeping. The amount of help provided depends on individual needs, however, full-time (twenty-four hours a day) care is not needed. Assisted living communities go by a variety of names: adult homes, personal care homes, retirement residences, etc.

"Agriculture" means the tilling of the soil, the raising of crops, horticulture, floriculture, small livestock farming, dairying, and animal husbandry, including all uses customarily incidental thereto, but not including hog farm, slaughterhouse, fertilizer works, bone yard, plant for the reduction of animal matter, or any other secondary processing of agricultural products.

"Alley" means a passage or way, open to public travel and dedicated to public use, affording generally a secondary means of vehicular access to abutting lots and not intended for general traffic circulation.

"Arcade" means a building or part of a building in which five or more pinball machines, video games, or other similar player-operated amusement devices are maintained.

"Bed and breakfast inn" means an owner-occupied residence which has a maximum of three guest units within a single-family dwelling, the owners of which serve breakfast to quests.

"Buffer area" means a landscaped area of predetermined width intended to separate and partially obstruct the view of two adjacent land uses or properties from one another.

"Building" means any structure having a roof supported by columns or by walls, and intended for the shelter, housing, or enclosure of people, animals, or chattels.

"Accessory building" means a detached subordinate building, the use of which is incidental to that of a main building on the same lot, and which does not change or alter the character of the premises.

"Building height" means the vertical measurement from average grade at the front of the house to the highest point of the roof beams in the case of flat roofs, to the deck line of mansard roofs, or to the center height between eaves and ridges for gable, hip or gambrel roofs. For this purpose, the level of the eaves shall be taken to mean the highest level where the plane of the roof intersects the plane of the outside wall on a side containing the eaves. The maximum building heights set forth in this Title shall be measured utilizing this definition. Chimneys, ventilators, antennas, skylights or solar panels shall not be considered part of the height limit. Domes, towers, or spires which are the integral part of churches or religious buildings shall not be subject to these limitations.

"Main building" means a building in which is conducted the principal use of the lot on which it is situated. In any residential district, a dwelling shall be deemed to be the main building on the lot on which it is situated.

"Build-to-lines" are intended to encourage pedestrian-oriented development, while providing more flexibility in site design than what is possible with large setbacks. With buildings placed close to the street, a development can afford good access for emergency service providers in the case of a fire or other emergency. Where no minimum setback is required, all structures and buildings shall conform to the applicable fire and building codes (e.g., for attached structures, fire walls, and related requirements).

"Carport" means a covered space for the housing of one or more motor vehicles and enclosed on no more than two sides by walls, screens, cabinets, or other types of enclosures.

"Child day care center" means a facility providing regularly scheduled care for a group of thirteen or more children, within a one-month of age through twelve years of age range exclusively, for periods less than twenty-four hours, as licensed and regulated by the Department of Social and Health Services under WAC 388-155.

"Clinic" means a building or portion of a building containing offices for providing medical, dental, psychiatric, or chiropractic services for out-patients only.

"Congregate care facility" means a multiple dwelling residential facility for senior citizens, featuring a central lobby, common dining area, and recreational rooms. The fee structure shall include at least one meal per day in the common dining area. Domiciliary care services may also be provided. Accessory support uses for tenants, such as pharmacies, banking services, barbers/beauticians, etc., may be included.

"Continuing care facility" means an age-restricted development or facility that provides, to individuals of retirement status, accommodations and care such as board, independent living, licensed nursing care and medical or other health-related services, and that typically enters into contracts to provide care.

"Day care center" means a facility regularly providing care for thirteen or more children for periods of less than twenty-four hours, and licensed for such use by the state. No such center shall be located in a private family residence unless the portion of the residence where the children have access is used exclusively for the children during the hours the center is in operation or is separate from the usual living quarters of the family.

"Density" means the number of dwelling units or building structures permitted per (net) acre of land. This definition is sometimes referred to as "net-density," which excludes streets, easements, water, slope grades greater than fifteen to twenty percent, open spaces, etc., from the building calculation formula.

"Multiple family dwelling" means a building designed for or containing four or more independent dwelling units.

"Single-family dwelling" means a detached building designed for or containing one dwelling unit.

"Two family dwelling" means a detached building designed for or containing two independent dwelling units (e.g., duplex).

"Three-family dwelling" means a detached building containing three independent living units (e.g., triplex).

"Four-family dwelling" means a detached building containing four independent living units (e.g., fourplex).

"Dwelling unit" means a building or portion of a building, which provides complete housekeeping facilities for one family, meeting all uniform building code and Washington State energy code standards or manufactured home requirements as defined in Section 17.08.282.

"Family" means one or more persons living as a single nonprofit housekeeping unit.

"Family home day care" means a facility in the family residence of the licensee providing regularly scheduled care for twelve or fewer children, including the children who reside at the home, within a birth through eleven-years-of-age range exclusively for periods less than twenty-four hours, as licensed and regulated by the department of social and health services under WAC 388-155.

"Flag lot" means a lot which consists of a lot or a grouping of contiguous small lots platted prior to 1950, including a narrow strip of property connecting the building site to an existing developed city street. See Figure 17.08-A. Flag lots may also be created in a new land division pursuant to Title 16.

"Flag pole" means that portion of a flag lot which connects a lot or a grouping of continuous small lots which were created prior to 1950 to an existing, developed city street. See Figure 17.08-A. A flag pole shall be a minimum of twelve and one-half feet wide, for a single-family residence and eighteen to twenty feet wide for multiple-family dwellings or more than one single-family residence that share the same section of flag pole.

"Green roof" means a roof of a building that is partially or completely covered with vegetation and soil, or a growing medium, planted over a waterproofing membrane. This does not refer to roofs which are merely colored green, as with green roof shingles. It may also include additional layers such as a root barrier and drainage and irrigation systems.

"Gross floor area" means the sum of the areas of all floors included within the surrounding walls of a building or portion thereof, exclusive of vents, shafts, and courts.

"Group home/rehabilitation center" means a publicly or privately operated residential facility licensed by the state for children, developmentally, physically or mentally disabled individuals, recovering alcoholics or drug addicts, juveniles or adults under the jurisdiction of the criminal justice system and other groups of a similar nature. Group homes or rehabilitation centers shall be limited to twelve residents including staff.

"Hazardous waste" means and includes all dangerous and extremely hazardous waste as defined in RCW Chapter 70.105.

"Hazardous waste treatment and storage facility" means a location at which hazardous waste is treated and/or stored.

"Home occupation" means any use customarily conducted in a home environment and entirely within a dwelling unit or as allowed, within an accessory structure, which use is clearly incidental and secondary to the use of the dwelling unit for dwelling purposes and does not change the character thereof.

"Incineration facility" is where municipal refuse is sorted and burned at extremely high temperature to reduce refuse into an ash substance. The ash is then transferred to an approved central sanitary landfill for final disposal in accordance with all applicable local, state and federal regulations.

"Junkyard" means the use of a lot, or a portion of any lot, for the storage, keeping, or abandonment of junk, including scrap metals or other scrap material, or the use of any area for the dismantling, demolition, or abandonment of automobiles or other vehicles or machinery or parts thereof. This definition shall not be deemed to include uses conducted entirely within an enclosed building or the outdoor display and sale of used automobiles in operable condition.

"Large-lot estate" means any parcel of property three acres in size or larger permitted within the R-1 zone.

"Light industrial manufacturing" means a use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing.

"Lot" means one or more parcels of land occupied or to be occupied by a use or building or group of buildings and accessory buildings, together with such open spaces as are required under the provisions of this title and having not less than the minimum area required by this title in the district in which such land is situated. "Lot" as defined herein is not necessarily the same as a platted lot.

"Corner lot" means a lot bounded on two sides by intersecting street lines; provided that the interior angle of intersection or interception of said street lines does not exceed one hundred thirty-five degrees.

"Lot depth" means the horizontal distance between the midpoints of the front lot line and the rear lot line. For lots with front lot lines containing curves or angles, the measurement shall be taken from a line parallel to and midway between a base line joining the front corners of the lot and a line drawn parallel to said base line tangent to the curve.

In the case of an interior lot, "front lot line" means the line separating the lot from the street right-of-way; in the case of a corner lot, "front lot line" means the line separating the narrowest street frontage of the lot from the street right-of-way, or, where a corner lot has two or more street frontages of equal length or nearly equal length, the front lot line shall be a line separating the narrowest frontage of the lot from a street or accessway or as otherwise approved by the building official. The flag pole on a flag lot shall not be used to determine the front lot line. The front lot line for a flag lot shall be as shown in Figure 17.08-A.

"Rear lot line" means the lot boundary line which is generally opposite the front lot line. If the lot comes to a point at the rear, that point shall be deemed to be the rear lot line. In the case of a through lot, there will not be a rear lot line.

"Side lot line" means any lot boundary line which is not a front line or a rear lot line, excluding the flag pole on a flag lot.

"Through lot" means a lot, other than a corner lot, having frontage on more than one street.

"Lot width" means the distance between side lot lines measured at a point twenty-five feet from the front lot line on each side lot line. The flag stem on a flag lot shall not be used to determine lot width, excluding the flag stem on a flag lot.

"Machinery/equipment rentals" mean the rental of equipment or machinery commonly stored outside and commonly used in construction and industrial activities or used for transport of goods or equipment.

"Manufactured home" means a single-family residence constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes, which:

A. Is comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long;

B. Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of nominal 3:12 pitch; and

C. Has exterior siding similar in appearance to siding materials commonly used on conventional site-built uniform building code single-family residences.

"Nursing home" means any home, place or institution which operates or maintains facilities providing convalescent or chronic care, or both, for a period in excess of twenty-four consecutive hours for three or more patients not related by blood or marriage to the operator. This definition shall not be construed to include general hospitals or other places which provide care and treatment for the acutely sick and maintain and operate facilities for major surgery.

"Off-site hazardous waste treatment or storage facility" means facilities that treat and store hazardous waste from generators on properties other than that on which the facility is located.

"On-site hazardous waste treatment or storage facility" means a facility that stores or treats hazardous wastes generated on the same, geographically contiguous or bordering properties.

"Open space" means improved or unimproved area that is (1) designated and maintained for active or passive recreation, other activities normally carried on outdoors, visual buffering, or for preservation in a natural state because of natural assets or unsuitability for development, and (2) not covered by buildings, accessory structures, parking structures, parking lots, except that structures appropriate for the authorized recreational use of the open space used to conserve or enhance the amenities of the open space may be sited on the open space. Open space does not include street right-of-way, parking lots, or yards in platted lots at or less than the minimum lot size. Depending upon authorization by the city, open space may be owned either in common by and for the use of the subdivision residents or by a public agency through dedication to the public.

"Outdoor advertising sign" means any lettered, figured, or pictorial matter or other sign of any kind or character whatsoever, made visible for outdoor advertising purposes.

"Places of assembly" means a building used in whole or part for the gathering together of persons for such purposes as deliberation, entertainment, amusement, or awaiting transportation. Churches, lodges, community halls, and club houses would fall under this definition.

"Off-street parking space" means space within a public or private parking area, or within a building used for the parking or storage of motor vehicles.

"Recreation vehicle" means a vehicle, self-propelled or otherwise, designed for temporary sheltering of persons while traveling. Such vehicles shall have a body width of eight feet or less and a length of less than forty-one feet. Such vehicles include truck-mounted campers, self-propelled travel vans and all units classified as motor homes by the State Department of Labor and Industries.

"Recreation vehicle park (RV-park)" means an area designed, equipped and maintained under single ownership, for the temporary parking of two or more recreation vehicles being used for living quarters. Temporary parking, for the purposes of this title, shall mean the placement and use of an RV on a designated parking site in an approved RV-park for not more than thirty days per designated site.

"Recycling center" means a collection point for small recyclable items and materials, such as cans, bottles, newspapers, secondhand goods and used motor oil. Activities of a recycling collection center are limited to sorting, compacting and transferring.

"Small lot single-family residential" means a zoning overlay designated that permits single-family residential units to be built on lot sizes less than the standard lot size assigned the underlying residential zone, subject to site-plan approval.

"State siting criteria" means the criteria developed by the Washington State Department of Ecology under the authority of RCW 70.105.210 for the siting of hazardous waste management facilities.

"Storage" means the holding of hazardous waste for a temporary period. Accumulation of hazardous waste by an on-site generator is not storage as long as the generator complies with the applicable requirements of WAC 173-200 and 173-201.

"Street" means a public right-of-way which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley.

"Structure" means anything constructed or erected which requires location on the ground or attachment to something having location on the ground.

"Townhouse" means a residential living unit that includes fee ownership of the underlying property, while maintaining one or more common walls.

"Treatment" means the physical, chemical or biological processing of hazardous waste to make such waste nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume. A hazardous waste treatment facility requires a state dangerous waste permit under the provisions of Chapter 173-303, Washington Administrative Code (WAC).

"Truck terminal" means a building or area in which freight brought by a truck is assembled and/or stored for routing or reshipment, or in which semi-trailers, including tractor and/or manufactured home units and other trucks are parked or stored.

"Variance" means a modification of the regulations of this title after finding that the literal application of the provisions of this title would cause undue and unnecessary hardship in view of certain facts and conditions applying to a specific building, structure, or parcel of land.

"Waste transfer site" means an area where municipal refuse is collected in either forty cubic yard drop boxes or one hundred cubic yard transfer manufactured homes, for hauling to an approved central sanitary landfill for final disposal in accordance with all applicable local, state and federal regulations.

"Front yard" means a yard extending the full width of a lot, and measured as to depth at the least horizontal distance between the front lot line and the exterior wall of building on the lot.

"Rear yard" means a yard which extends the full width of a lot, and measured as to depth at the least horizontal distance between the rear lot line and the exterior wall of the main building or structure on the lot.

"Side yard" means a yard which extends from the front lot line to the rear lot line, and measured as to width at the least horizontal distance between a side lot line and the exterior wall of a main building or structure on the lot.

A. It is a violation of KMC Titles 15, 16 and/or 17 for any person to initiate, maintain, or cause to be initiated or maintained, the use of any structure, land or property within the city of Kalama without first obtaining the permits or authorizations required for the use by the aforementioned codes.

B. It is a violation of KMC Titles 15, 16 and/or 17 for any person to use, construct, locate, demolish or cause to be used, constructed, located or demolished, any structure, land or property within the city of Kalama in any manner that is not permitted by the terms of any permit or authorization issued pursuant to the aforementioned codes; provided, that the terms or conditions are explicitly stated on the permit or the approved plans.

1. Remove or deface any sign, notice, complaint or order required by or posted in accordance with this chapter and the aforementioned codes;

2. To misrepresent any material fact in any application, plans, or other information submitted to obtain any building or construction authorization;

3. Fail to comply with any of the requirements of Titles 15, 16 and/or 17, or any permit or authorization issued thereunder.

1. Any person, firm, corporation or association or any agency of any person, firm, corporation or association who violates any provision of Title 16 KMC, or any authorization or approval issued thereunder, relating to the sale, offer for sale, lease or transfer of any lot, tract, or parcel of land, shall be guilty of a gross misdemeanor and each sale, offer for sale, lease or transfer of each separate lot, tract or parcel of land in violation of any provision of Title 16 KMC or authorization or approval issued thereunder shall be deemed a separate and distinct offense.

2. Whenever land within a subdivision granted final approval is used in a manner or for a purpose which violates any provision of KMC Title 16, or any term or condition of plat approval, then the city council may direct the city attorney to commence an action to restrain and enjoin such use and compel compliance with the provisions of Title 16 or with such terms and conditions of plat approval. The costs of such action shall be taxed against the violator.

A. The code enforcement officer is designated to administer and enforce this chapter. The code enforcement officer may call upon the police, building or other appropriate city departments to assist in enforcement. As used in this chapter, "code enforcement officer" shall also mean his or her duly authorized representative.

B. Upon presentation of proper credentials, the code enforcement officer may, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued inspection warrant, enter at reasonable times any building or premises subject to the consent or warrant, in order to perform the duties imposed by KMC Titles 15, 16 and 17.

C. This chapter is enforced for the benefit of the health, safety, and welfare of the general public, and not for the benefit of any particular person or class of persons.

D. It is the intent of this chapter to place the obligation of compliance with its requirements upon the owner, occupier or other person responsible for the condition of the land and buildings within the scope of KMC Titles 15, 16 and 17.

E. No provision of or any term used in this chapter is intended to impose any duty upon the city or any of its officers or employees which would subject them to damages in a civil action.

A. Investigation. The code enforcement officer shall investigate any structure or use which the officer reasonably believes does not comply with the standards and requirements of KMC Titles 15, 16 and/or 17.

B. Notice of Violation. If, after investigation, the code enforcement officer determines that the standards or requirements of KMC Titles 15, 16 and/or 17 have been violated, the officer may serve a notice of violation upon the owner, tenant or other person responsible for the condition. The notice of violation shall contain the following information:

1. A separate statement of each standard, code provision or requirement violated;

2. What corrective action, if any, is necessary to comply with the standards, code provision or requirements;

4. A statement that (for zoning code violations), if the violation is not already subject to criminal prosecution, any subsequent violations may result in criminal prosecution as provided in KMC Section 17.10.018.

C. Service. The notice shall be served on the owner, tenant, or other person responsible for the condition by personal service, registered mail, or certified mail with return receipt requested, addressed to the last known address of such person. If, after a reasonable search and reasonable efforts are made to obtain service, the whereabouts of the person(s) is unknown or service cannot be accomplished and the code enforcement officer makes an affidavit to that effect, then service of the notice upon such person(s) may be made by:

1. Publishing the notice once each week for two consecutive weeks in the city's official newspaper; and

2. Mailing a copy of the notice to each person named on the notice of violation by first class mail to the last known address if known, or, if unknown, to the address of the property involved in the proceedings.

D. Posting. A copy of the notice shall be posted at a conspicuous place on the property, unless posting the notice is not physically possible.

E. Other Actions May be Taken. Nothing in this chapter shall be deemed to limit or preclude any action or proceeding taken pursuant to KMC Sections 17.10.010, 17.10.012, 17.10.016, 17.07.018 or 17.07.020.

F. Optional Notice to Others. The code enforcement officer may mail, or cause to be delivered to all residential and/or nonresidential rental units in the structure or post at a conspicuous place on the property, a notice which informs each recipient or resident about the notice of violation, stop work order or emergency order and the applicable requirements and procedures.

A. Determination of Time. When calculating a reasonable time for compliance, the code enforcement officer shall consider the following criteria:

3. The procedural requirements for obtaining a permit to carry out corrective action;

4. The complexity of the corrective action, including seasonal considerations, construction requirements and the legal prerogatives of landlords and tenants; and

B. Order Becomes Final Unless Appealed. Except for notices of violation citing criminal penalties, the notice of violation shall become final, unless an appeal is filed with the city council in accordance with KMC Section 17.10.160. There is no administrative appeal to the city council of a notice of violation citing criminal penalties. A copy of the notice or order may be filed with the county auditor against the property, to provide notice to any subsequent purchasers. The code enforcement officer may choose not to file a copy of the notice or order if the notice or order is directed only to a person responsible for the condition of the property other than the owner.

Whenever a continuing violation of this code will materially impair the code enforcement officer's ability to secure compliance with Titles 15, 16 and/or 17 or this chapter, or when the continuing violation threatens the health or safety of the public, the officer may issue a stop work order specifying the violation and prohibiting any work or other activity on the site. In addition, the stop work order shall contain all of the elements of a notice of violation.

Whenever any use or activity in violation of KMC Titles 15, 16 and/or 17 threatens the health and safety of the occupants of the premises or any member of the public, the code enforcement officer may issue an emergency order directing that the use or activity be discontinued and the condition causing the threat to the public health and safety be corrected. The emergency order shall include all of the elements of a notice of violation and shall be posted in a conspicuous place on the property. A failure to comply with an emergency order shall constitute a violation of this chapter.

Any condition described in the emergency order which is not corrected within the time specified in the order is hereby declared to be a public nuisance, and the code enforcement officer shall work together with the city attorney to abate such public nuisance under all available means. The cost of such abatement shall be recovered from the owner or person responsible or both, in the manner provided by law.

A. Notice of Violation (Criminal Penalties). There is no administrative appeal of a notice of violation issued pursuant to this chapter which subjects the violator to criminal prosecution and the imposition of criminal penalties.

B. Notice of Violation (Civil Penalties). Any person significantly affected by or interested in a notice of violation issued by the code enforcement officer pursuant to this chapter which subjects the violator to civil prosecution may obtain an appeal of the notice by requesting such appeal within fifteen calendar days after service of the notice. When the last day of the period so computed is Saturday, Sunday or a city holiday, the period shall run until five p.m. on the next business day. The request shall be in writing, and upon receipt of the appeal request, the code enforcement officer shall forward the request to the city clerk-treasurer for consideration by the hearing examiner.

3. Continue the review or appeal to a date certain for receipt of additional information; or

4. Modify the notice of violation, which may include an extension of time for compliance as set forth in the notice of violation.

D. The hearing examiner shall issue a decision within twenty-one days of the date of the completion of the appeal, and shall cause the same to be mailed by regular first class mail to the person(s) named on the notice of the violation, mailed to the violator(s) and appellant (if different from the violator). If the notice of violation or order has been filed with the county auditor, the city shall record the decision with the county auditor.

E. The hearing examiner's decision is the final decision of the city and no administrative appeal of the hearing examiner's decision is allowed. In order to appeal the hearing examiner's decision, a person withstanding to appeal must file a land use petition to the court as provided in Chapter 36.70C RCW.

A. In addition to any other sanction or remedial procedure which may be available, any person violating or failing to comply with any of the provisions of KMC Titles 15 and/or 17 shall be subject to a cumulative penalty in the amount of fifty dollars per day for each violation from the date set for compliance until compliance with the notice of violation or order is achieved.

B. The penalty imposed by this section shall be collected by civil action brought in the name of the city. The code enforcement officer shall notify the city attorney in writing of the name of any person subject to the penalty, and the city attorney shall take appropriate action.

1. That the violation giving rise to the action was caused by the willful act, or neglect or abuse of another;

2. That correction of the violation was commenced promptly upon receipt of the notice thereof, but that full compliance within the time specified was prevented by inability to obtain necessary materials or labor, inability to gain access to the subject structure, or other condition or circumstance beyond the control of the violator.

A. Any person violating or failing to comply with any of the provisions of Title 17 and who has had a judgment entered against him or her pursuant to chapter 17.10 KMC or its predecessors within the past five years shall be subject to criminal prosecution and upon conviction of a subsequent violation, shall be fined in a sum not exceeding five thousand dollars or be imprisoned for a term not exceeding one year or be both fined and imprisoned. Each day of noncompliance with any of the provisions of KMC Title 17 shall constitute a separate offense.

1. For any other violation of KMC Title 17 for which corrective action is not possible; and

2. For any willful intentional, or bad faith failure or refusal to comply with the standards or requirements of KMC Titles 15 and/or 17.

The city may also seek other legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of KMC Titles 15, 16 and/or 17 when civil or criminal penalties are inadequate to effect compliance.

All applications for building permits shall be accompanied by a plot plan showing the actual dimensions of the lot to be built upon, the size, use, and location of all existing buildings and the building to be erected under authority of the permit applied for, and such other information as may be necessary to show compliance with the provisions of this title.

In the interpreting and applying the provisions of this title, they shall be held to be minimum requirements adopted for the promotion of the public health, safety, and general welfare. Except as specifically herein provided, this title does not repeal, abrogate, annul, or in any way impair or interfere with any existing provision of law, regulation, rule, or permit previously adopted or issued, or which shall be adopted or issued pursuant to law, relating to the use of buildings or land or relating to the erection, construction, establishment, moving, alteration, or enlargement of any building or structure; nor is it intended to interfere with or abrogate or annul any easement, covenant, or other agreement between parties; provided that whenever this title imposes greater restrictions upon the erection, construction, establishment, moving, alteration, or enlargement of any building or structure or the use of any building, structure, or land, than are imposed or required by such existing provision of law, or regulation, rule, or permit, or easement, covenant, or agreement, then the provisions of this title shall control.

In case of uncertainty or dispute as to the meaning, intention, interpretation or application of the terms of the Uniform Building Code or the Kalama zoning code, or of the zoning map, a request for clarification or decision shall be submitted to the city code official who shall provide a written ruling thereon within thirty days of such submission.

Any affected citizen or administrative official may appeal to the city council from any orders, recommendations, permits, decisions, rulings or determinations made by city code official in the administration or enforcement of provisions of the Uniform Building Code or the Kalama zoning code, or any ordinances adopted pursuant thereto, which are adverse to his interest, by filing with the clerk-treasurer, within ten days from such ruling or date of action, a written notice of appeal. Thereupon the clerk-treasurer, shall forthwith transmit to the city council all papers constituting a record upon which the action appealed from was taken; in addition thereto, the council may, at its hearing, receive such additional evidence as it deems relevant. Upon hearing, the council shall have the power to overrule or alter the ruling of any city code official, or to refer any matter back to the city code official for restudy or reconsideration. The action of the city council shall be final and binding unless appealed pursuant to the provisions of RCW 35A.63.110.

In order to classify and regulate the use of land, buildings, and structures, the city is divided into the following use districts:

Description	Symbol	Typical Uses

Low density residential district	R-1	Single family dwellings and associated public and quasi-public uses.

High density residential district	R-2	Single family, two family, triplexes and associated public and quasi-public uses per Section 17.22.020(B).

Medium density residential district	R-3	Four-plexes, multi-family apartments, boarding houses, etc., and associated public and quasi-public uses per Section 17.24.020(C).

Central business district	C-1	Retail activities, motels, service stations, etc.

Highway Commercial	C-2	Regional commercial centers, automobile-oriented services, and manufacturing uses.

Industrial district	I-1	Manufacturing, warehousing, and wholesale sales.

Recreational district	Rec.	Areas devoted to facilities and equipment for recreational purposes such as swimming, playgrounds, marinas, parks, and other similar uses.

Residential district for mobile homes	R--MH	Single family and associated public and quasi-public uses.

Single-family large lot	R-1(LL)	Single-family dwellings; agricultural and forestry activities and limited public and quasi-public uses per Section 17.21.020(E). Large-lot estates are limited to the R-1 zone only.

Single-family small lot	SF-SL	Single-family dwellings, and associated public and quasi-public uses per Section 17.20.030(B) on small lot less than the standard lot size assigned the underlying residential zone, subject to site plan approval, allowable in all residential zones.

(Ord. 944 § 2(A), 1996; Ord. 918 § 3, 1995; Ord. 516 § 1, 1970; Ord. 491 § 3.01, 1966).

The location and boundaries of the various use districts established by Section 17.16.010 and an overlay on those districts showing the present public and quasi-public land uses located within those districts are as specified on the official zoning map of the city as filed in the office of the city clerk, which map may be amended from time to time hereafter as provided in this title.

Changes in the boundaries of the zone shall be made by ordinance or resolution adopting the amended zoning map, or part of said map, or unit of a part of said map, and when adopted, said maps, parts or units of maps, shall become a part of this title. Amendment procedures shall be those set forth in Chapter 17.56.

The boundaries of such use districts as are shown upon the official zoning map of the city made a part of this title, or upon amendments thereto, are adopted and approved and the regulations of this title governing the uses of land, buildings, and structures, the size of yards about buildings and structures, and other matters as herein set forth are established and declared to be in effect upon all land included within the boundaries of each and every use district shown upon the official zoning map of the city or upon amendments thereto.

When uncertainty exists as to the boundaries of any use district shown on the zoning map, the following rules of interpretation shall apply:

A. Where a district boundary is indicated as approximately following the centerline of a railroad, street, alley, or highway, the right-of-way actual centerline shall be construed to be the boundary.

B. Where a district boundary is indicated as being approximately parallel to the centerline of a railroad, street, alley, or highway right-of-way, the boundary shall be construed to be parallel to that centerline.

C. Where a district boundary is indicated as approximately following property lines, the actual property lines shall be construed to be the boundary.

D. Where a public street or alley is officially vacated or abandoned, the regulations applicable to the abutting property to which the vacated portion reverts shall apply to such vacated or abandoned street or alley.

E. In case uncertainty exists which cannot be determined by the application of the foregoing rules, the commission shall recommend that the council shall determine the location of use district boundaries.

All land not classified on the official zoning map as being in one of the use districts established by Section 17.16.010, and all lands, if any, in the city, not shown on the official zoning map, should be classified R-2 until they are more specifically classified by an amendment to this title. All lands annexed to the city after the first day of November, 1978, shall not be zoned by virtue of such annexation, but the zoning of such newly annexed property shall be determined and established following resolution by the city council as provided by Section 17.56.010, and thereafter in the manner prescribed in Chapter 17.56 of this title.

(Ord. 944 § 2(C), 1996: Ord. 613 § 1, 1978: Ord. 586 § 1, 1976: Ord. 491 § 3.05, 1966).

The boundaries for the R-1 district shall be as follows: all of the land within the existing incorporated city limits excepting the following: all land lying within the state highway right-of-way; all land lying within the medium and high density residential, commercial, recreational and industrial zones.

Beginning at the northwesterly corner of Lot 3, Block 40 in the Columbia Addition on the easterly right-of-way of the interstate highway; proceeding thence northeasterly along the northerly line of Lot 3, Block 40 in the Columbia Addition and extension therefrom to the northwesterly corner of Lot 22, Block 41 in the Columbia Addition; continuing in a northeasterly direction along the northerly line of Lot 22, Block 41 and an extension therefrom to the center of the platted alley between the easterly and westerly halves of Block 41 of the Columbia Addition; thence southeasterly along the centerline of said alley to the center of an alley platted between the easterly and westerly halves of Block 3 in Cannon's First Addition; thence southeasterly along the center of the alley between the easterly and westerly halves of Block 3 in Cannon's First Addition to the northerly line of Kalama Out Lot 4; thence northeasterly along the northerly line of Kalama Out Lot 4 to its northeasterly corner on the westerly right-of-way of South First Place; thence southerly along the westerly right-of-way of South First Street to the easterly right-of-way of South First Street also known as Old Pacific Highway; thence southeasterly along the easterly right-of-way of South First Street to the southerly line of Woodale Drive; thence east along the southerly line of Woodale Drive approximately 250'; thence south to the northeasterly right-of-way of Cloverdale Road; thence southeasterly along the northern right-of-way of Cloverdale Road to southwest corner of Parkland Addition which lies on the west line of the Jacob Ahles D.L.C.; thence proceeding north along the west line of the Jacob Ahles D.L.C. to the northeasterly right-of-way of Military Drive; thence northwesterly along the northerly right-of-way of Military Drive to the southern right-of-way of China Garden Road; thence east along the south line of China Garden Road to the easterly line of Block 34 in Stone's Addition; thence southerly along the easterly line of Block 34 in Stone's Addition to the north line of Church Street; thence west along the north line of Church Street to an extension of the west right-of-way of South Fifth Street; thence south along the western right-of-way of South Fifth Street and its extension to the south line of Cedar Street; thence east along the south line of Cedar Street to the east line of South Eighth Street; thence north along the east line of South Eighth Street to the northwest corner of Lot 20, Block 19 of the Court House Addition; thence west along an extension of the north line of an extension from the northwest corner of Lot 20, Block 19 to the southeast corner of Lot 12, Block 18 of the Court House Addition; thence west along the south line of Lot 12, Block 18 to its southwest corner, thence north to the south line of Date Street; thence east to the southeasterly extension of the easterly line of Stone's Addition; thence northwesterly along the extension of the easterly line and the easterly line of Stone's Addition to the southerly right-of-way of China Garden Road; thence easterly along the southerly line of China Garden Road to the east line of the St. Paul's Addition; thence south along the St. Paul's Addition to the southeast corner of the St. Paul's Addition; then west along the south line of the St. Paul's Addition and the south line of the Court House Addition to the centerline of Block 1 of the Whitney Addition; thence south along the centerline of Block 1 of the Whitney Addition to the southerly right-of-way Military Road; thence southeasterly along the southerly line of Military Road to the northeast corner Kalama Out Lot 71; thence south along the east line of Kalama Out Lot 71 to its southeast corner; thence west to the northeast corner of Kalama Out Lot 69A; thence south, southwesterly, northwesterly and north around the perimeter of Kalama Out Lot 69A to its northwest corner; thence west along the north line of Kalama Out Lot's 67 & 68 to the west line of the Jacob Ahles D.L.C.; thence south along the west line of the Jacob Ahles D.L.C. to the northeasterly right-of-way of Old Pacific Highway; thence northwesterly along the northeasterly right-of-way of Old Pacific Highway to an easterly extension of the north line of Tax Lot T-1, 4D-1; thence west along the extension and the north line of Tax Lot T-1, 4D-1 to the easterly line of the interstate highway right-of-way; thence northerly along the easterly right-of-way of the interstate highway to the northwesterly corner of Lot 3, Block 40 in the Columbia Addition the point of beginning.

Excepting therefrom Kalama Out Lot 89 known as the Kalama Little League Ball Park.

(Ord. 944 § 2(E), 1996: Ord. 648 § 2, 1981: Ord. 614 § 4, 1978: Ord. 597 § 1, 1977: Ord. 491 (part), 1966).

Beginning at a point on the easterly right-of-way of the interstate highway at the northwesterly corner of Tax Lot T-1, 4D-1; thence proceeding east along the north line of Tax Lot T-1, 4D-1 and on an extension therefrom to the easterly line of old Pacific Highway; thence southeasterly along the easterly right-of-way of Old Pacific Highway to the southwesterly corner of Kalama Out Lots 67 and 68; thence north along the east line of Kalama Out Lots 67 & 68 to their northwest corner; thence east along the north line of Kalama Out Lots 67 & 68 to their northeast corner; thence south along the east line of Kalama Out Lots 67 & 68 to their southeast corner on the easterly right-of-way of Old Pacific Highway; thence southeasterly along the easterly right-of-way of Old Pacific Highway to the west line of the Jacob Ahles D.L.C. and the Kalama city limit; thence south along the west line of the Jacob Ahles D.L.C. line to the interstate highway right-of-way; thence northwesterly along the interstate highway right-of-way to the northwest corner of Tax Lot T-l, 4D-l, the point of beginning.

Beginning at a center point along the state highway right-of-way between Lot 1, Block 130 and Lot 12, Block 120 of Parker's Addition; thence proceeding northeasterly along the centerline of Locust Street to the centerline of First Street; thence continuing along the centerline of First Street southeasterly to the centerline of Kingwood Street; thence northeasterly along the centerline of Kingwood Street to the centerline of an alley between Blocks 111 and 101 of Parker's Addition; thence southeasterly along the centerline of the alley to the southeast corner of Tract 42, Block 81 of Parker's Addition; thence jogging southwesterly and continuing southerly to a point in line with the northerly line of Lot 21, Block 41 of Columbia Addition; thence southwesterly to the centerline of First Street; thence jogging southerly; thence southwesterly along the southerly line of Lot 4, Block 40 of Columbia Addition; thence northwesterly along the easterly right-of-way line of the state highway to the point of beginning.

Beginning at the southwest corner of the city limit line at the junction of the Old Pacific Highway and the 1-5 right-of-way, thence northwesterly approximately 3,335 feet, thence northeasterly approximately 500 feet, thence easterly approximately 375 feet, thence southeasterly approximately 1,375 feet, thence south approximately 2,350 feet, thence southeasterly approximately 1,000 feet, thence easterly approximately 375 feet, thence southeasterly approximately 400 feet, thence easterly approximately 175 feet, thence southwesterly approximately 600 feet to the point of beginning.

C. The boundaries of the neighborhood professional/services overlay zone are as follows:

All lots fronting on First Street, beginning at Meeker Drive from Nectarine Street thence south along First Street to Kingwood Street. Starting at approximately 250 feet south of the junction of Ivy and 2nd Streets, thence south along both sides of 2nd Street, to include all lots fronting 2nd Street, to Fir Street. Thence, east on Fir Street, to include all lots fronting Fir Street, to the west side of the intersection of Fir and 3rd Streets. Thence south on 2nd Street, to include all lots fronting 2nd Street, to Elm Street, to include all lots fronting on to Elm Street, eastward to the east side of the intersection of Elm and 4th Streets. Thence south on 2nd Street, to include all lots fronting on 2nd Street, to Elm Street, thence east on Elm Street, to include all lots fronting Elm Street, to the east side of the intersection of Elm Street and 4th Street. Thence south on 2nd Street, to include all lots fronting 2nd Street, to the north side of Cedar Street. Also all lots fronting on Date Street, between 1st and 2nd Streets.

Starting again approximately 100 feet north of Date Street along 1st Street, to include all lots fronting on to 1st Street, south to its intersection with 1st Place. Thence south approximately 1,500 feet along 1st Street, to include all lots along the west side of 1st Street, between 1st Street and 1-5.

D. The boundaries of the sexually oriented business overlay zone are as follows:

Beginning approximately 1,750 northwest of the southern end of Old Pacific Highway at its junction with the 1-5 right-of-way, Thence northwesterly along the eastern edge of the 1-5 right-of-way approximately 2,000 feet, thence due east approximately 700 feet, thence due south to the point of beginning.

All the land lying within the following boundaries: Between the state highway right-of-way on the east and the waterfront of the Columbia River on the west; and the existing city limits on the north and south; and, beginning at the southeast corner of Kalama Outlot 67-68, north 955 feet to the northeast corner of the parcel, then east 660 feet to the northwest corner of the parcel, then south 128.5 feet, then 750 feet southeast parallel to the Old Pacific Highway, then south 275 feet to the Old Pacific Highway right-of-way and city limits, then 40 feet southeast along the Old Pacific Highway right-of-way and city limits, then 40 feet southeast along the Old Pacific Highway right-of-way and city limits to the southeast corner of Kalama Outlot 67-68 and the point of beginning.

The following described lands lying within the city limits are rezoned from their present use classification of industrial use, to recreational use: All of that area of the city to the west of the Northern Pacific Railroad right-of-way, bounded on the north by Holly Street and bounded on the south by the south city limits.

It is the city's intent that residential neighborhoods be developed and preserved against intrusions by incongruous land uses. These zone classifications are established in order to permit a variety of housing and population densities with minimum conflict. Protection is provided against hazards, objectionable influences, traffic and building congestion, undue strain on municipal services, and lack of light, air and privacy. Certain essential and compatible public service facilities and institutions are permitted in these districts.

The standards set forth herein are designed to comply with and implement the Kalama Comprehensive Plan. This chapter provides standards for residential land use and development and is based on the following principles:

c. Designate land for the range of housing types and densities needed by the community, including owner-occupied and rental housing;

d. Provide flexible lot standards that encourage compatibility between land uses and environmental constraints, efficiency in site design, and environmental compatibility;

e. Provide for building and site design at an appropriate neighborhood scale, provide standards that are in character with the landforms and architecture existing in the community;

f. Apply the minimum amount of regulation necessary to ensure compatibility with existing residences, schools, parks, transportation facilities, and neighborhood services;

g. Reduce reliance on the automobile for neighborhood travel and provide options for walking, bicycling, and transit use; and

h. Provide direct and convenient access to schools, parks and neighborhood services.

There are three residential zoning districts established for the city, plus two floating residential zones. The principal zones are: R-1 single-family or low density residential; R-2 medium density residential; and R-3 multiple-family or high density residential. The R-3 high density residential zone is created in order to reduce possible use conflicts resulting from different housing types. The two floating zones titled "large-lot" and "small-lot" are not placed in any one specific location. A floating zone use is applicable anywhere within a designated principal zone; however, the proposed use must comply with the main objective of the underlying principal zone and applicable floating zone standards. Floating zone standards are addressed in separate chapters and supersede any contradictory standards contained in this chapter. Zoning districts are as set forth on the official zoning map of the city.

Table 17.60.020 includes a list of allowed uses by zone. "P" means permitted outright, "C" means a conditional use permit is required, and "X" means prohibited. If a particular use is not listed and is not deemed substantially similar to another listed use by the city, then the use is not permitted. Note that more specific development standards may apply to various uses as set forth in this chapter and this title.

Unless otherwise noted in this Title, dimensional requirements within the residential districts shall be in accordance with Table 17.18.040-1.

Standard	Zoning District
	R-1	R-2	R-3
Minimum lot size¹	7,500 square feet	2,000 square feet for townhouse 5,000 square feet for single-family residence 6,000 square feet for duplex 7,500 square feet for other residential types
Minimum lot frontage²	50 feet	50 feet; provided that townhouse lots shall have a minimum frontage of 20 feet	50 feet; provided that townhouse lots shall have a minimum frontage of 20 feet
Minimum lot frontage on a cul-de-sac	In all zones, lot frontage on cul-de-sac lots may be reduced up to 25 percent of base standard (see above), with the exception of townhouse lots
Front yard setback	20 feet	20 feet	20 feet
Front yard setback - alley access	10 feet	10 feet	10 feet
Rear yard setback	15 feet	15 feet	15 feet
Side yard setback³	5 feet, plus 1 foot for every 5 feet of residence height above 20 feet	5 feet	5 feet
Side yard (street) setback - corner lot, street flanking	10 feet on street side	15 feet on street side	15 feet on street side
Maximum building height	35 feet	35 feet	40 feet and no more than 4 stories
Maximum accessory structure height⁴	20 feet	20 feet	20 feet
Maximum lot coverage⁵	50%	65%	75%
Notes ¹ With the exception of substandard lots permitted through the lot-size averaging provisions of KMC 16.10.120 as part of a subdivision or the "greater conformity" provision set forth in KMC 16.14.050(F) for boundary line adjustments. Further, the standards set forth in Chapter 17.23 govern for those sites meeting the standards of the small-lot development overlay zone. ² With the exception of any flag lots or reduced frontage lots approved pursuant to KMC 16.10.040, and/or as part of a subdivision or small lot development pursuant to Chapter 17.23 KMC. ³ For single-family attached housing units (e.g., townhouses), the setback for the nonattached side of a dwelling unit (end units) shall be five feet. ⁴ A 25-foot maximum height may be allowed subject to Conditional Use Permit approval per the use table (17.18.030-1). ⁵ Maximum lot coverage for designated small lots (floating zone) is 50% per KMC 17.23.050. Townhouse units/lots shall not be subject to the maximum lot coverage threshold, otherwise, all buildings including accessory buildings and structures, but excluding patios with open lattice or similar type roof construction, shall cover not more than the specified maximum lot coverage area.

A. Each townhouse shall be located on its own legal lot of record that has been created through a land division process.

B. No more than four townhouses shall be consecutively attached in the R-2 Zone. No more than eight townhouses shall be allowed in a single building/group in the R-3 Zone. Townhouse groupings shall be separated by not less than fifteen feet, inclusive of setback areas.

C. Townhouse development shall be designed so that garage doors do not dominate the ground level street-facing facade and do not project beyond the front plane of the residence. This can be accomplished by incorporating alley access into site design and locating garage and parking areas to the rear or by including design elements such as front porches. In no case shall the garage doors comprise more than fifty percent of the street-facing facade of a townhouse or extend beyond the front building line.

D. Townhouses with street-facing garages may have one driveway access located between the street and the primary building entrance for every two dwelling units, provided they meet the following criteria:

1. Where two abutting townhouses have street-facing garages, they shall share one driveway access that does not exceed sixteen feet in width where it crosses the sidewalk and intersects the street;

2. All primary building entrances shall be connected to a driveway and sidewalk by a pedestrian walkway that is not less than three feet wide;

3. The maximum allowable number of consecutively attached townhouses with garages facing the same street is six (three shared driveways); and

E. Building facade modulation or appropriate architectural treatment shall occur at least every thirty feet along the length of facades facing adjacent properties or a public street. Minimum modulation depth shall be three feet. The use of covered front porches, end wall windows, building offsets/modulation, dormers and other design techniques shall be included in the design, although there is not a specific architectural requirement.

F. Additional conditions for townhouse developments including provisions for landscaping, recreation and open space, stormwater management, street and infrastructure improvements and other topic, may be required by the city as part of the platting process pursuant to Title 16 in accordance with applicable rules.

In addition to the standards required through site plan review or other chapters of this title, the following provisions shall apply to multifamily development consisting of more than four units in a single structure:

A. Building Location and Orientation. Multifamily development shall be constructed consistent with the following requirements:

1. Parking lots shall be located to the side and/or behind buildings and shall not dominate the front-yard area. A five-foot landscaped buffer shall rim the perimeter of the parking lot and planting islands shall be included for lots with more than twenty spaces.

2. Units adjacent to public or private streets shall have the primary building entrances located on the facade facing the street. A minimum of forty percent of front (i.e., street-facing) elevations and a minimum of twenty-five percent of side and rear building elevations shall meet this standard. "Percent of elevation" is measured as the horizontal plane (lineal feet) containing doors, porches, balconies, terraces and/or windows. The standard applies to each full and partial building story.

B. Pedestrian Access and Circulation. Pedestrian access routes shall be provided from the public street(s) to all primary building entrances in the form of a continuous pathway of at least five feet in width.

C. Building Modulation. Building facade modulation or appropriate architectural treatment shall occur at least every twenty-five feet along the length of facades facing adjacent properties or public street. Minimum modulation depth shall be two feet.

D. Roof Line Variation. Roof lines shall be varied to break up the overall bulk and mass of multifamily buildings. Roof line variation shall be accomplished by using one or more of the following methods: vertical or horizontal off-set ridge line, variations in roof pitch, or other technique shown to break up the overall bulk and mass of the building(s).

E. Building Variation. Developments with multiple structures shall use appropriate architectural variations and use of colors to differentiate buildings within the development.

F. Large multifamily complexes that have more than twenty-five units shall include an open space and recreational component into the site design, which comprises at least fifteen percent of the gross site area. This requirement can be accomplished through the use of landscaping, play areas and common open space, but may not include any required yard/setback areas.

A. Access to Streets. Every use of land other than for agricultural purposes, and every building or structure other than an accessory building or structure, shall be established only on a lot which abuts a dedicated public street and shall be provided with direct access to a dedicated public street. Every single-family dwelling within the residential zones shall front upon a street dedicated for public use and accepted by the city council as a public street without any other building on the same lot intervening between such dwelling and the street upon which it fronts.

1. No yard or other open space provided about any building or structure for the purpose of complying with the regulations of this title or amendments thereto, shall be considered as providing a required yard or open space or portion thereof, for any other building or structure.

2. In any residential use district, if more than fifty percent of the lots in a block fronting on one side of the street developed with existing buildings, other than accessory buildings, have front yards less than are required for the district, a new dwelling on an interior lot may be provided with a front yard which is the average of the depths of the front yards of the buildings on the lots adjoining on either side of said interior lots; provided such a front yard shall not be less than fifteen feet, except as otherwise specifically authorized by this Chapter.

3. Front yard. Porches, platforms, or terraces, which are open on three sides and the floors of which are not higher than the first floor or the building, may extend into the required front yard setback not more than six feet; steps may connect such porches, platforms or terraces to the surface of the front yard.

4. Side yard. Roofs, eaves, cornices, belt courses and similar ornamentations may extend over a required side yard setback for a distance of not more than two feet.

5. Rear yard. Eaves, cornices, steps, platforms, terraces, and porches which are open on three sides may extend into a required rear yard setback not more than ten feet.

1. Accessory buildings or detached garages may be located five feet from a side property line when located at least eight feet from the main dwelling, provided that on a corner lot the side yard adjoining the street shall not be less than ten feet in width.

2. If access to a private garage is via a public alley the garage shall be set back a minimum of five feet from the rear lot line.

3. Total area of accessory buildings located in a rear yard shall not exceed twenty-five percent of the area of said rear yard.

D. Through Lots. Each street frontage of a through lot shall meet the front yard requirements of the use district in which it is located.

E. Junk. In no use district shall there be a collection of junk, scrap, unlicensed cars or parts of cars, abandoned equipment, except where specific provisions are made concerning such items in a specific use district.

F. Fences. Fences shall not exceed a height of six feet along side and rear yard areas and three feet along the front lot line, except where a greater height is needed to be sight-obscuring as required by this title. Height limitations shall not be deemed to prohibit open-type or wire-mesh fences or any height necessary for safety or security in conjunction with playgrounds, public utilities, and similar hazards to the public safety.

G. Lighting. Artificial lighting on any lot, building, structure, or parking area shall be oriented away from adjacent residential properties. Outdoor lighting fixtures in excess of sixty-watts shall be shielded, hooded and oriented towards the ground. No lighting can blink, flash or be of unusually high intensity or brightness. The following lighting is exempt from these standards: seasonal decorative lighting, lighting at public athletic fields, lighting at approved temporary special events and emergency lighting. Street lighting shall meet the standards set forth in the public works standards.

H. Public Utilities. Public utility buildings, telephone exchanges, sewage pumping stations, electrical distribution substations, reservoirs, service lines and similar utility facilities necessary for the operation of utilities by and within the city, shall comply with the following requirements:

1. If the installation is housed in a building, the building shall generally conform to surrounding buildings or the type of buildings that are likely to develop in the use district, provided that concrete, concrete-block and masonry structures are considered compatible with residential dwellings. Structures less than four feet tall and/or with a footprint less than one hundred square feet shall be exempt for this requirement.

2. Aboveground facilities, other than towers and reservoirs, or housed installations that, because of particular requirements, cannot be economically made to conform to the architectural requirements of subsection A of this section, shall be surrounded by site-obscuring landscaping and/or fencing.

3. An un-housed installation of a dangerous nature, such as an electrical distribution substation, shall be enclosed by a security fence at least eight feet in height.

4. All buildings, installations and fences shall observe the yard requirements for buildings in the district in which they are located when possible as determined by the director, but may be sited within setback areas.

5. Reservoirs, towers and other irregular large shaped structures shall be located and designed so as to minimize their impacts to the surrounding uses as much as possible.

I. Institutional and Non-Residential Development Standards. In order to address impacts and compatibility issues between residential and non-residential development, non-residential uses and institutional uses not addressed elsewhere in this chapter shall comply with the following provisions:

1. The multifamily design standards set forth in Section 17.18.060 shall apply to new institutional and non-residential buildings.

2. For the purposes of this subsection, institutional and non-residential development shall include hospitals, medical clinics congregate/elder care facilities, churches, community centers, fraternal lodges, schools and similar non-residential/institutional uses.

3. Those uses that require a conditional use permit are also required to meet all applicable criteria set forth in Chapter 17.54 KMC.

J. Building Height Measurement. The "height of a building" shall be determined per the definition set forth in Chapter 17.08 KMC.

K. Home occupations and other operations similar in nature may be operated as an accessory use to a dwelling unit. Home occupations shall not be permitted without a business license having first been issued in accordance with Title 5 KMC. All home occupations shall comply with all applicable ordinances of the city, and shall be consistent with the following provisions:

1. Home occupations located in the principal residence are restricted to not more than thirty percent of the usable floor area of the dwelling in which they are located. The principal use of the dwelling must remain residential;

2. A detached accessory building may be used for home occupations, provided that the total area devoted to the home occupation cannot exceed thirty percent of the useable floor area of the principal dwelling unit. Further, the total area devoted to a home occupation use in either the principal dwelling unit or an accessory building (or a combination thereof) shall not exceed thirty percent of the useable floor area of the principal residence;

4. The conduct of any home occupation, including, but not limited to the storage of goods and equipment, shall not reduce or render unusable required off-street parking;

5. On-site retail sale of goods not produced, processed or fabricated on the premises is prohibited, unless the sale of items is incidental to a permitted home occupation (e.g., a barber shop that sells hair-care products, etc.). No goods or merchandise shall be displayed such that they are visible from public rights-of-way or adjacent properties;

6. Home occupations shall not be permitted where it involves the construction of features and exterior modifications not customarily found in a dwelling and residential neighborhood as determined by the city;

7. No stock in trade or merchandise is to be kept on the premises other than inventory and incidental supplies which are necessary for the conduct of the home occupation. Outdoor storage that is visible from a public right-of-way or adjacent properties, that exceeds what is customary for a residence, is prohibited;

8. No noise, dust, odors, noxious fumes or vibrations resulting from a home occupation shall exceed that which is normally produced in a single-family dwelling. Mechanical or electronic equipment incidental to the conduct of a home occupation may be used provided such use does not create visible or audible interference in radio, television or telecommunication receivers or transmitters, or cause fluctuations in line voltage off the premises. Home occupations shall not interfere with the delivery of utilities or other services to the area; and

9. One sign is permitted to advertise the home occupation, however, such sign shall be no larger than two square feet in area, non-illuminated, and must be attached to the dwelling. A sign permit must be obtained from the city.

L. Construction Standards for Manufactured Homes. Manufactured homes may be sited in any land use zone where single-family homes are permitted and shall:

1. Have the foundation and anchoring per the manufacturer's specifications and be placed on a permanent foundation, unless otherwise authorized within manufactured home parks;

2. Have skirting of concrete, brick, tile, or stone masonry units installed per the International Building Code (IBC);

M. Off-Street Parking. Off-street parking shall be provided in accordance with the requirements of Chapter 17.44 KMC.

Editors Note: Ord. No. 1227, § 1, adopted Sept. 17, 2008, repealed Ch. 17.20. Former Ch. 17.20 pertained to residential use districts and derived from Ord. No. 491, §§ 4.02--4.09, adopted 1966; Ord. No. 549, § 1, adopted 1973; Ord. No. 668, § 2, adopted 1982; Ord. No. 696, § 1, adopted 1984; Ord. No. 795, § 3, adopted 1991; Ord. No. 918, § 4, adopted 1995; Ord. No. 944, §§ 3(A)--(H), (K), adopted 1996; Ord. No. 974, § 3(6), adopted 1997; Ord. No. 1035, § 3, adopted 2000; Ord. No. 1037, §§ 2, 3, 8, adopted 2000; Ord. No. 1140, § 1, adopted 2004; and Ord. No. 1166, §§ 2, 3, adopted 2005.

* Editors Note: Ord. No. 1240, § 5, adopted June 17, 2009, amended Ch. 17.21. Former Ch. 17.21 pertained to similar subject matter and derived from Ord. No. 944, § 4, 1996.

17.21.020 Large-lot estates (three acre parcels or greater)--Permitted uses.

The large-lot estate classification is a floating zone which allows for a low density rural agricultural atmosphere. It is intended to provide areas for single-family development in a rural or ranch-like setting or where topography and/or utility capacities limit the use of the land. Provisions are made for the limited agriculture pursuits as well as those uses necessary and incidental to single-family living. Accessory dwelling units are permitted to be constructed, after site-plan review, for use by family members.

17.21.020 Large-lot estates (three acre parcels or greater)--Permitted uses.

The city shall allow the following uses in concert with the limits set forth in Chapter 6.04 to occur on parcels of property that are one hundred thirty thousand six hundred eighty square feet (three acres) or greater:

A. Agricultural practices (forestry, hay fields, animal pasturing and grazing and other uses common to agricultural practices), including the keeping of livestock as set forth in Chapter 6.04;

C. Repair, storage and parking of individually owned and/or operated log trucks and trailers and other such large vehicles common to agriculture and forestry activities;

D. Accessory dwelling units shall be allowed as an incidental residential use building on the same lot as the main dwelling unit subject to the following:

1. All lots proposing an accessory dwelling unit shall submit a site plan according to the procedures set forth in Section 17.18.070, clearly illustrating the location of the main or principal dwelling unit and the location of the accessory or secondary dwelling unit. The distances between the accessory dwelling unit and the principal dwelling unit shall be clearly illustrated on the site plan.

2. No temporary buildings, mobile homes, or travel trailers may be used for an on-site dwelling purpose.

3. The accessory dwelling unit must be constructed to the rear of the main dwelling and at least twenty-five feet from the rear property line and fifty feet from any side property line, on separate utilities and meters from the principal dwelling unit.

A. Commercial operation and maintenance of slaughterhouses, hog and poultry farms, fertilizer works, bone yards, rendering plants or any plant operated for the reduction of animal matter or any post harvest processing of agriculture products;

B. Operation and maintenance of forest products processing equipment, such as shingle mills, pole-making equipment, lumber yards, log storage yards, commercial logging truck maintenance and repair shops, wood-chip and sawdust storage and sale sites and other activities clearly associated with the post harvest processing and post harvest handling of forest products;

C. Keeping of animals that create a nuisance to the community or adjoining property owners;

Building height limitations for buildings constructed on a large-lot estate shall be the same as applied in Section 17.18.040. However, one nonresidential building or structure, not to exceed thirty-five feet in height, may be constructed on the lot, subject to planning commission site-plan approval.

All plat design standards required in Chapter 16.10 shall be applicable to any and all large-lot estate subdivision proposals.

Each large lot estate shall provide a fifty-foot noise and site-obscuring buffer zone between the large lot estate's activities and the nearest property line of any adjoining lot.

Editors Note: Ord. No. 1227, § 1, adopted Sept. 17, 2008, repealed Ch. 17.22. Former Ch. 17.22 pertained to two-family residential zone (R-2) and derived from Ord. No. 491, §§ 4.10--4.17, adopted 1966; Ord. No. 668, §§ 3, 4, adopted 1982; Ord. No. 696, § 20, adopted 1984; Ord. No. 795, § 3, adopted 1991; Ord. No. 944, § 5, adopted 1996; Ord. No. 974, § 3(7), adopted 1997; Ord. No. 1037, §§ 4, 6, 7, adopted 2000; Ord. No. 1140, § 2, adopted 2004; and Ord. No. 1166, §§ 4, 5, adopted 2005.

The purpose of the small lot single-family floating zone designation is to allow for the building of houses (in-fill) on existing undersized platted lots that were created prior to 1950 in the R-1, R-2 and R-3 zones. A secondary purpose is to allow for an increased number of single-family residential units to be developed that are more affordable to a larger number of people and to encourage the more efficient use of city services that are already in place (streets, sewer and water lines).

The following uses are permitted in the small lot single-family option zone: all uses permitted to the underlying zone. The minimum lot size permitted to exercise the small lot development option is five thousand square feet. Owners of isolated lots with an area of less than five thousand square feet may apply for a variance under the procedure specified in Kalama Municipal Code Chapter 17.52.

All secondary uses allowed in the underlying zone shall be allowed, unless otherwise restricted by this chapter.

Any use prohibited in the underlying zone to which this floating zone attaches, shall likewise be prohibited in the area of the floating zone. The parking of recreational vehicles shall not be allowed on an undersized lot (small lot) within the small lot single-family floating zone unless parked inside an enclosed structure.

All development on small lots (a lot having dimensions less than the required standard for the residential zone of location) must meet with the following requirements:

A. All residences constructed on small lots within the small lot single-family floating zone must be single-family; each house may have an attached or a detached garage; provided, however, for an owner who proposes three or more contiguous small lots, a minimum of fifty percent of the residences constructed on these small lots within the area of a single-family floating zone, are required to have no garage door facing the frontage street within the front one-half area of the lot. Lots that receive primary access from an alley and do not otherwise have frontage upon a dedicated public street beyond that necessary for a flag lot, may be exempt from this requirement, subject to city review and approval.

B. A preliminary site development plan must be presented for approval by the city planner after an application conference as per subsection D of this section. The site development plan must show the following information:

1. The overall lot dimension clearly and accurately shown. The illustration shall show the lot width at front-lot line; the width at the center-of-lot and the width at the rear-lot line plus overall length of the lot;

1. To encourage the introduction of human scale (rather than automobile scale) features on the fronts of houses, the following elements will be allowed to project into the front yard setback a maximum of six feet:

6. Minimum Lot Street Frontage. All lots shall have a minimum of twelve and one-half feet fronting onto an improved public street. Flag lots are permitted, subject to city review and approval;

7. Driveways must be separated from existing driveways by at least twenty feet of yard space measured at street frontage. Driveways may be constructed without the twenty-foot separation requirement if the proposed driveway is constructed of a product which is composed of approximately sixty percent solid material and forty percent vegetative material at grade level or a ribbon driveway, each composed of two solid strips, with vegetation between;

8. If houses have garage access per an alley, the alley must be paved. Alleys shall be a minimum of twenty feet in width;

10. Minimum Lot Width and Depth. A standard small lot is characterized by a lot width of fifty feet and a lot depth of one hundred feet. The flag stem on a flag lot is not included in the minimum lot width and length measurement. Variations to the standard lot width and depth are permissible where terrain or lot orientation make strict adherence impractical, provided that each lot area is a minimum of five thousand square feet;

11. The city shall retain the authority to attach conditions to any site plan approval necessary to further this chapter and protect the public health, safety and welfare. Particular emphasis shall be placed on acceptable means of ingress and egress to a dedicated public street to the satisfaction of the public works director. The public works director may require street improvements in accordance with the public works standards or subdivision standards when deemed necessary to serve the public interest;

12. Unless otherwise approved by the city, a stormwater drainage plan and report shall be reviewed and approved by the city, prior to site plan approval. Required improvements shall be constructed prior to building permit issuance;

13. The city may require recording of a deed restriction, covenant or other acceptable legal document to ensure compliance with the above standards.

1. Purpose and Nature. The application conference is an informal forum at which the tentative concept and design of a prospective site development plan are discussed. The conference is intended to be a means of screening site development plan proposals in their earliest stages of design, taking place before proponents are committed to a particular design and before they have drawn a site development plan. It is also a means for staff and other public officials to convey information needed by the prospective site development plan, to make suggestions, to identify problems and information needs, to determine a proposal's feasibility, to acquaint the prospective applicant with the procedural steps for site development plan reviews.

2. Participants and Their Responsibilities. The application conference is intended to be an informal meeting between the prospective applicant or their agents; city staff; planning staff; fire marshal; and representatives of other public agencies and utilities, at their option. The service need not include field inspections or extensive correspondence, and the conference may be repeated as necessary. The applicant will be charged a fee as established by resolution of the city council. Responsibilities of participants shall be as follows:

a. City Clerk-Treasurer. The clerk-treasurer shall refer prospective site development plan applicants to the city planner.

b. Prospective Applicants for Site Development Plan Approval. In the early concept stage of site development plan design a prospective applicant should meet with the city planner to arrange for a preapplication conference. Prospective applicants participating in a conference shall provide the following at the conference:

v. A description of existing uses of the subject property and of uses of adjacent properties.

c. The city planner shall perform the following duties in connection with the application conference:

i. Inform prospective applicants of the purpose and desirability of an application conference;

ii. Arrange, coordinate and notify participants of application conferences. In establishing a date and location for application conferences, he shall strive to determine the date of earliest convenience for the participants. The dates ordinarily shall be within one week of a prospective applicant's request for an application conference;

iii. At the city planner's option or at the applicant's request, the application may be referred for review per the variance procedure in Kalama Municipal Code Chapter 17.52.

E. The applicant shall submit the application for site development approval to the city planner who shall grant preliminary approval based on compliance with the standards set forth herein. Final site plan approval shall be given after the applicant records a lot restriction reading substantially as follows:

No recreational vehicle shall be allowed to park on the herein described real estate for so long as the same is classified as a small-lot single-family residential use under the Kalama Zoning Code unless parked inside an enclosed structure.

It is the responsibility of the applicant to provide the city planner with a copy of the recorded restriction. Construction may not begin until final site plan approval has been granted and any necessary boundary line adjustments or lot combinations recorded with Cowlitz County.

A. A small lot development concept shall be approved administratively by the city planner or their designee. Approval of a small lot concept shall authorize submittal of a boundary line adjustment as set forth in Title 16 KMC, if necessary. Public notice and review time periods shall follow the standards set forth for short subdivisions and shall be applicable when two or more small lots are proposed. Application for the placement of a single residence on a single undersized lot, where contiguous ownership of adjacent lots is not held, shall be exempt from the notice requirements.

A. Appeals of administrative decisions follow the process outlined in Chapter 17.12 KMC.

Editors Note: Ord. No. 1227, § 1, adopted Sept. 17, 2008, repealed Ch. 17.24. Former Ch. 17.24 pertained to multifamily residential use (R-3) and derived from Ord. No. 944, § 7, adopted 1996; Ord. No. 1037, § 9, adopted 2000; Ord. No. 1140, § 3, adopted 2004; and Ord. No. 1166, §§ 7, 8, adopted 2005.

* Editors Note: Ord. No. 1240, § 6, adopted June 17, 2009, amended Ch. 17.26. Former Ch. 17.26 pertained to similar subject matter and derived from Ord. No. 1072, § 3, adopted 2001.

17.26.150 Requirements applicable in specific zones and conditional use standards.

A. Zones. This chapter describes the authorized uses and development standards for the commercial zones of Kalama: C-1, central business district (CBD); C-2, highway commercial district (HWC); professional service overlay zone (NPS); sexually oriented business overlay zone (SOB); and neighborhood commercial floating zone (NCF). The commercial zones provide a variety of economic opportunities while integrating new development with the existing community. The intent is to protect the integrity of the historic downtown, promote the establishment of new commercial enterprises that will bring services and jobs to the community, maintain and develop an urban environment that is visually pleasing and functionally efficient, encourage pedestrian-oriented development and redevelopment, and minimize any undesirable impacts of these uses on other nearby uses and zoning districts. Each zone will provide for uses that will complement and not compete with other commercial districts.

A. C-1: Central Business District (CBD). This district provides for a wide range of retail and professional business uses and services with a focus on providing a pedestrian-friendly experience, promoting efficient use of land use and urban services, sustaining the city's identity by preserving the historical character of the community, encouraging mixed-uses which promote development and revitalization, and enhancing the livability by providing formal and informal gathering places and areas for socialization.

B. C-2: Highway Commercial District (HWC). This district provides for commercial activities which are dependent upon or require access by automobiles and trucks, require outdoor storage or display areas as well as off-street parking and loading areas and are not compatible with basic retail and professional business activities.

C. Professional/Service Overlay Zone (PSO). This overlay of the residential area adjacent to the central business district is to provide for professional offices and service businesses which have little or no environmental impact, require minimal city services and generate little vehicle traffic. This zoning provides a buffered area of commercial transition from the central business district while acting to preserve and protect existing residential architecture and nearby residential zones.

D. Sexually Oriented Business Overlay Zone (SOB). This overlay zone is established to provide an area for sexually oriented businesses requiring additional standards not common to general commercial activities. To mitigate the adverse impacts caused by such facilities and to maintain compatibility with other land uses and services permitted within the city. All uses must be approved by a conditional use permit.

E. Neighborhood Commercial Floating Zone (NCF). This is a floating zone to allow for the placement of convenient retail sales and services within residential areas. Location may be limited and consolidated. All uses must be approved by a conditional use permit.

KMC Section 17.60.020 includes the list of allowed uses by zone. "P" means permitted outright, "C" means a conditional use permit is required, and "X" means prohibited. If a particular use is not listed and is not deemed substantially similar to another listed use by the city, then the use is prohibited. A use deemed to be prohibited may be appealed, subject to the provisions of 17.12.050. Note that more specific development standards may apply to various uses as set forth in this chapter and this title.

A. Conditional Uses. All conditional uses shall be subject to the procedures in Kalama Municipal Code Chapter 17.54 (or as hereafter amended) and shall meet the following criteria:

1. Adverse impacts, as defined in Title 17, must be mitigated through special design or project limitations as needed to protect other properties in the vicinity of the proposed use and to protect the public interest;

2. The proposed use must not detract from the intended use of the zone in which the property is located;

3. If the conditional use is changed from one non-conforming use to another, the relative effects of the size, parking, traffic, light, glare, noise, odor and similar elements of the proposed use must be less detrimental to the intent of the zone and to property in the zone and vicinity than the existing nonconforming use; and

4. Certain activities such as gambling, sexually oriented businesses, or an activity requesting placement under the neighborhood commercial floating zone must apply for a conditional use permit and meet the standards set for that activity as specified in Section 17.26.150 of this chapter.

B. Nonconforming Uses and Structures. Continuation of nonconforming uses shall conform to code requirements and these additional standards:

a. A structure containing a nonconforming use may be structurally altered as long as a nonconforming structure or use is not expanded.

b. A conforming business use or building with a non-conforming outdoor storage area may be extended, structurally altered or expanded if the outdoor storage area is not expanded; and provided further, that the outdoor storage area is screened and landscaped according to the standards in this chapter.

a. A structure occupied by a nonconforming use may be converted to a conforming use even if in a non-conforming structure.

b. A nonconforming use may be converted by conditional use authorization to a use not otherwise permitted in the zone, according to the provisions of the conditional use subsection

Unless otherwise noted in this Title, dimensional requirements within commercial districts shall be in accordance with Table 17.26.040-1.

A. Permanent Buildings Required. All buildings shall be installed on and attached to a permanent foundation and permanently attached to sewer, water and electrical utilities. The foundation and all building elements must comply with all city building code standards.

B. Temporary Buildings Permitted. No temporary or mobile structure can remain on a commercially zoned site for more than sixty days, except temporary buildings approved in the conditional use process or temporary construction offices which can remain on a construction site for the term of the construction work or one year whichever is shorter, unless extended as a conditional use to accommodate a longer construction period.

C. Professional/Service and Sexually Oriented Business Overlay Zones. These zones must meet all requirements for lot size, lot frontage, setbacks, building height and lot coverage of the zone on which it is overlaid.

D. Neighborhood Commercial Floating Zone. This zone must meet all requirements for the lot size, setbacks, building height and lot coverage of the zone on which it is located.

Zoning Standard	Central Business District	Highway Commercial
Minimum lot size (square feet) Development must conform to lot width, depth, yard setback and coverage standards.	No Limitation	5,000 sq. ft.
Minimum Setbacks* (feet): Front Side Rear *Measured from the nearest wall or corner to the appropriate property line.	No limitations¹ No limitations² No limitations³	15 ft No limitations⁴ No limitations⁵
Minimum Lot Frontage on Public Street Non-Residential Uses	20 ft	20 ft
Maximum Building Height Building height transition required when abutting to any residential district	3 Stories or 45 ft No	3 1/2 Stories or 35 Yes
Lot Coverage* (Provided the applicable setbacks are observed) *Measured by Foundation plane as % of site area.	No Limitations	No Limitations
Build-To Line (feet): New Buildings Only: At least one primary building entrance shall be built no farther from the street of the physical address's right-of-way than the build-to line; except where a greater setback is required for a Planned Street Improvement, then the build-to line increases proportionately.	0 ft May be increased when pedestrian amenities are provided between a primary building entrance and street	60 ft

² In cases where a side yard of a property zoned in the CBD zone abuts any residential zone, the side yard setback shall be that required by the residential zone.

³ In cases where a rear yard of a property zoned in the CBD zone abuts any residential zone and there is no alley between the CBD- zoned lot and the residential zone, the rear setback shall be that required by the residential zone.

⁴ In cases where a side yard of a property zoned in the HWC zone abuts any residential zone, the side yard setback shall be a minimum fifteen feet and shall be increased one foot for each foot the HWC use building height is increased over twenty-five feet.

⁵ In cases where a rear yard of a property zoned in the HWC zone abuts any residential zone, the rear setback shall be that required by the residential zone.

The intent of screening and landscaping requirements are to provide a buffer to adjacent residential areas from the effects of neighboring commercial uses and to create commercial areas which are attractive.

A. General Requirements. A site plan with detailed landscaping and screening must be submitted to the city for review of conformance with the following requirements:

1. A landscape berm area at least five feet deep shall be installed and maintained adjacent to each property line, except where a permanent structure, street, sidewalk or vision clearance requirements are in this area. Vision clearance shall be maintained at all street intersections of private and public roadways, alleys, driveways under the following standards:

b. A vision clearance setback often five feet from the edge of any existing or proposed roadway.

2. Any person proposing to construct a new building or make renovations to the exterior of an existing building located on a site which will have less than a five-foot deep landscaped buffer along sixty percent of all property lines, with the landscaping in the buffered area at the time of planting providing less than a two-foot-high screen, shall provide an exterior building design drawing and landscape plan that illustrates that the building's exterior material and shape is compatible with the surrounding natural and manmade elements or design theme of the area where the building is located.

3. The building official or his/her designee shall review all applications for commercial building permits for new construction and/or renovation construction involving modification to sixty percent or more of the original building, for the required building design drawings and landscape plan.

4. Design review and/or landscape plan decisions may be forwarded to the city hearing examiner at the discretion of the building official, or appealed to the hearing examiner by the building owner.

B. Landscaping and Lighting of Surface Parking and Loading Areas. In addition to the general buffer landscaping requirements, the following landscaping is required for on-site parking and loading surface areas (parking lots).

1. Interior landscaping of five percent or more of the site area shall be required when the site, exclusive of the building area, is five thousand or more square feet. The interior landscaping shall be placed within the parking lot/loading zone area, in such a manner that it visually reduces the barren effect of the open-surfaced area.

2. Berms or other landscaped areas required to provide general site screening, may not be calculated as part of the interior landscaped area.

3. A detailed parking/loading area, landscaping and lighting plan, drawn to scale, shall be presented to the building official for approval prior to any building or construction permits being issued.

4. Exterior lighting shall be shielded and directed away from residential uses. Exterior lighting on poles shall not exceed the building height limits of the underlying zone including the restrictions on height of structures adjacent to residentially zoned areas.

17.26.150 Requirements applicable in specific zones and conditional use standards.

1. Historical preservation. Any new construction in the CBD should employ any architectural style from the 1850's through the 1950's in order to preserve the historical significance of Kalama's core business district. Any remodeling of buildings in the CBD shall respect the basic architecture of such buildings. Improvements may use traditional, historic or modern materials, provided the style of the building is maintained. Traditional materials are commonly used construction materials. Historic materials are reproduced in authentic period style. Modern materials are substances or fabrications not in existence at the time of the building's construction, but which may offer superior structural, energy-efficiency or aesthetic values.

2. Corner buildings (i.e., buildings within twenty feet of a corner as defined by the intersecting curbs) shall have corner entrances, or shall provide at least one entrance within twenty feet of the street corner or corner plaza.

3. Building Facade and Design Standards. Illustrations for all building facade, sign or awning placement or improvements must be submitted for approval by the building official city planner, prior to any construction permits being issued. Any decisions made by the city planner on building facade and design standards may be appealed, subject to the provisions of 17.12.050.

a. Ground floor windows or window displays shall be provided along at least thirty percent of the building's (ground floor) street-facing elevation(s); windows and interior display boxes shall be integral to the building design and not mounted to an exterior wall; and

b. Primary building entrance(s) are designed with weather protection, such as awnings, canopies, overhangs, or similar features; and

c. On multi-story buildings, ground floors are defined and separated from upper stories by appropriate architectural features (e.g., cornices, trim, awnings, canopies, arbors, trellises, overhangs, or other features) that visually identifies the transition from ground floor to upper story; such features should be compatible with the surrounding architecture;

a. The tops of flat roofs may be green roofs, as defined in this title, which involves a high quality water proofing membrane and root repellant system, a drainage system, filter cloth, and lightweight growing medium and plants; and are to be encouraged.

b. Pitched roofs may have eaves, brackets, gables with decorative vents, or other detailing.

1. Signs. No advertising sign shall be of such type and style as to cause visual interference or distraction to any automobile driver or create a visual obstruction at any street intersection. Signs shall be permitted as allowed in accordance with Chapter 17.38.

2. For new construction or expansion to an existing building for the purpose of creating a highway oriented commercial business as defined in this section, the applicant must submit to the city, site development plans, landscaping, parking and lighting plans, proposed building elevation drawings and other information needed by the city building and planning department to review for conformance with this chapter and other associated city codes.

a. Where buildings with greater than ten thousand square feet of enclosed ground-floor space are proposed, they shall provide articulated facades on all street-facing elevations. This criterion is met when an elevation contains at least one of the following features for every forty feet of building (horizontal length): windows; primary entrances; weather protection (awnings, canopies, arbors, trellises), building offsets; projections; changes in elevation or horizontal direction; sheltering roofs; terraces; a distinct pattern of divisions in surface materials; ornamentation; screening trees; small-scale lighting (e.g., wall-mounted lighting, or up-lighting); and/or similar features as generally shown in Figure 17.26.150-1. [Note: Figure 17.26.150-1 should not be interpreted as a required architectural style.]

3. Gambling Oriented Business Standards--Regulated Gambling Uses. The following gambling oriented businesses as defined in this section are subject to the provisions and regulations contained in this chapter and section.

ii. Major-casinos with up to fifteen tables or the limit of the Washington State gambling commission, plus all gambling apparatuses, such as, slot machines, roulette wheels, etc.

i. Gambling establishments shall locate only within zones as identified on Table 17.26.030-1.

ii. The location of any licensed gambling activity is prohibited within one thousand feet of the location of any other such gambling activity, or located on the same arterial street as any other such gambling activity.

c. Building facade. All gambling oriented building facades, exteriors and exits must be indistinguishable from any commercial building, such as those located within the central business district of Kalama.

d. Signs. Signs shall be permitted as allowed in accordance with Chapter 17.38 of the Kalama Municipal Code.

e. Parking and lighting regulations. On-site parking shall be required as per Sections 17.44.020 and 17.44.040 of the Kalama Municipal Code.

f. Number and types of permitted uses per structure. There shall be no sexually oriented business operating in the building, structure, or portion thereof in which a gambling oriented business is currently operating.

C. Professional/Service Overlay Zone. Activities placed in the professional/service overlay zones must meet the following standards for location, parking, noise, use, business hours, and pedestrian and vehicle traffic:

1. Location and hours of operation. Professional services identified on Table 17.26.030-1 as allowable shall locate within the professional services overlay zone as identified on the official zoning map of the city. Businesses locating in the professional services overlay area are limited to hours open to the public between 7:00 a.m. and 9:00 p.m.

2. Dimensional standards. Shall meet all requirements for lot size, setbacks, building height, and lot coverage of the underlying zone.

3. Construction standards. New construction or remodeling shall be residential in character to blend with the historical characteristics predominate to the existing neighborhood.

4. Parking. Adequate parking for occupants, employees, visitors, customers, and patrons shall be provided. A minimum of two parking spaces are required for any professional service site. Any on-street parking spaces immediately adjacent to a use may be counted toward fulfilling that use's parking requirements. The conduct of any home occupation, including, but not limited to the storage of goods and equipment, shall not reduce or render unusable required off-street parking.

6. Screening/landscaping and yard maintenance. All professional service sites shall be maintained in a neat and orderly manner. No nonfunctional vehicles, machinery, appliances, steel drums, boxes, crates, pallets, and related equipment and materials shall not be openly stored in side and rear yards.

7. Signs. Signs shall be limited in size to two square feet. Vision clearance areas shall be maintained at all intersections, driveways, and alleys with no sign placed within fifteen feet of any intersection. Signs shall not obstruct the view from any other neighboring property. Except with the exceptions herein signs shall be permitted as allowed in accordance with Chapter 17.38 of the Kalama Municipal Code.

8. Environment. No noise, dust, odors, noxious fumes or vibrations resulting from a home occupation shall exceed that which is normally produced in a single-family dwelling. Mechanical or electronic equipment incidental to the conduct of a home occupation may be used provided such use does not create visible or audible interference in radio, television or telecommunication receivers or transmitters, or cause fluctuations in line voltage off the premises. Home occupations shall not interfere with the delivery of utilities or other services to the area;

D. Sexually Oriented Business Overlay Zone. The following sexually oriented businesses as defined in this Section are subject to the provisions and regulations contained in this chapter and section:

a. Adult arcades mean an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specific sexual activities or specified anatomical areas.

b. Adult bookstores, novelty stores and/or video stores means a commercial establishment which has a significant or substantial portion of its stock-in-trade or a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the sale or rental for any form of consideration, or any one or more of the following:

i. Books magazines, periodicals, or other printed matter or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or

ii. An establishment may have another significant or substantial portion of its stock-in-trade that does not involve the offering for sale or rental of materials depicting or describing specified sexual activities or specified anatomical areas and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe specified sexual activities or specified anatomical areas. Therefore any establishment having twenty percent or more of its stock-in-trade or revenues that come from trading in material depicting or describing specified sexual activities or specified anatomical areas shall be categorized as an adult bookstore, adult novelty store or adult video store.

c. Adult cabaret means a nightclub, bar, restaurant, or similar commercial establishment, whether or not alcoholic beverages are served, which features: 1) persons who appear nude or semi-nude; 2) live performances which are characterized by the exposure of specified sexual activities or specified anatomical areas; 3) films, motion pictures, video cassettes, slides, or other photographic reproduction which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

d. Adult motels/hotels mean a hotel, motel or similar commercial establishment which:

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

ii. Offers a sleeping room for rent for a period of time that is less than twenty hours; or

iii. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than twenty hours.

e. Adult motion picture theaters mean a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions characterized by the depiction or description of specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.

f. Adult theaters mean a concert hall, theater, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear nude or semi-nude, or live performances which are characterized by exposure of specified sexual activities or specified anatomical areas.

g. Nude/semi-nude model studios mean a place where a person who appears nude or semi-nude or displays specified anatomical areas is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.

h. Specified anatomical areas mean specified anatomical areas shall mean and include any of the following: 1) less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of areola; 2) human male genitals in a discernibly turgid state, even if completely and opaquely covered.

i. Specified sexual activities mean specified sexual activities shall mean and include any of the following: 1) the fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; 2) sex acts, actual or simulated including intercourse, oral copulation or sodomy; 3) masturbation, actual or simulated; 4) human genitals in a state of sexual stimulation, arousal or tumescence; 5) excretory functions as part of or in connection with any of the activities set forth in subdivisions 1 through 4 of this subsection.

j. Youth oriented business or activity: a business utilizing a permanent building or facility where children under the age of eighteen years are invited onto the premises in conjunction with such business activity and at least fifty percent of the business revenue is generated from their patronage.

2. Location. Sexually oriented business establishments as defined in this chapter shall locate only within the sexually oriented business overlay zone within such geographical areas of the city as identified on the official zoning map of the city. Provided, however, that even within the overlay zone, a sexually oriented business shall not locate within a distance of six hundred feet of an existing youth-oriented business or activity, provided, that the youth-oriented business or activity was operating prior to the proposed location of the sexually oriented business. No structure used for an adult book store, adult novelty store or adult video store or any form of adult sexually oriented business shall locate closer than one thousand feet from any other structure or building used for such purpose nor shall such business locate closer than one thousand two hundred feet to an existing church, park, or school property. The distances set forth in this section shall be measured in all compass directions, in a straight line, from the exterior wall of the existing building to the closest property line of the subject building.

3. Building facade of sexually oriented businesses. All sexually oriented business building facades, exteriors and exits must be indistinguishable from any commercial building, such as those located within the central business district of Kalama. Illustrations depicting partially or totally nude humans shall not be posted, painted or depicted in any manner on any exterior wall, door or apparatus attached to or associated with such building.

4. Plans required--New construction or expansion. For new construction or expansion to an existing building for the purpose of a sexually oriented business as defined in this section, the applicant must submit to the city, site development plans, landscaping, parking and lighting plans, proposed building elevation drawings and other information needed by the city building and planning dept. to review for conformance with this chapter and other associated city codes.

a. Parking. On-site parking shall be required as per Chapter 17.44 of the Kalama Municipal Code, and in addition shall meet the following:

i. All on-site parking areas and premise entries of sexually oriented businesses shall be illuminated from dusk until one hour past closing hour of operation with a lighting system which provides an average maintained horizontal illumination of one foot-candle of light on the parking surface and/or walkways. An on-site exterior lighting plan shall be presented to the city police department for approval prior to the operation of any sexually oriented business.

ii. All parking for sexually oriented businesses must be located to the front of the building. Parking and pedestrian access to the exterior rear of the building shall be denied to any persons other than employees and public officials during the performance of their respective duties and tasks by means of fencing approved by the city police and public works departments.

6. Number and types of permitted uses per structure for sexually oriented businesses. There shall be no more than one sexually oriented business operation in the same building, structure or portion thereof. In addition, there shall be no other non-sexually oriented business operating in the same building, structure, or portion thereof in which a sexually oriented business is currently operating.

7. Signs. Signs shall be permitted as allowed in accordance with Chapter 17.38 of the Kalama Municipal Code.

8. Nonconforming uses. Any sexually oriented business lawfully operating on the effective date of this chapter, that as a result of this chapter is in violation of location, structural, uses, or parking or lighting requirements of this section, shall be deemed a nonconforming use. Such nonconforming use shall be permitted to continue at its existing location and in its existing building for a period not to exceed ninety days, unless sooner terminated for any reason, or voluntarily discontinued for a period of three continuous months. Nonconforming uses shall not be increased, extended or altered except if such alterations are to a conforming use.

1. Location, size and/or consolidation of site shall first be approved by the planning commission at an open meeting with the applicant. Recommendations of the planning commission will be submitted with the conditional use permit application.

2. Outdoor sales and display areas shall be limited to forty percent of the lot area or one thousand five hundred square feet, whichever is less.

3. On-site parking and loading is required as per parking standards in Chapter 17.44 of this code.

4. The number of drive-in lanes and curb cuts shall be limited to one drive-in lane and curb cut per business, Except for service stations, which shall be allowed a maximum of four drive-in lanes and curb cuts per business.

5. All outdoor advertising signs placed on stand-alone poles shall be blackened-out on side facing adjacent residentially zoned property.

6. All outdoor advertising shall be limited to on-site business only (the sign owner cannot rent sign space or erect a sign for a business not located on the immediate property.

7. In the neighborhood commercial zone, only one business structure per lot shall be permitted.

"Sidewalk cafe" means an outdoor dining area on a public sidewalk where patrons may consume food and/or beverages provided by an abutting food service establishment. Such establishments may either provide table service in the outdoor dining areas or sell take-out items to be consumed in the outdoor dining area.

B. This chapter does not apply to a service group, school or church-related fundraising event which may have an incidental effect on city property, but where the persons in attendance will be less than fifty people. This exclusion includes, but is not limited to bake sales, the sale of Girl Scout cookies and car washes.

C. This chapter does not apply to a use covered by the special events permit requirements of Chapter 5.18 of this code.

A. Permit Required. Any obstruction of the public right-of-way or sidewalk may occur only after the city has issued a right-of-way use permit.

B. Zoning Requirements. Any use of a public right-of-way or sidewalk shall be subject to the requirements and limitations set forth in this chapter.

C. Noise Regulations. Any use of the public right-of-way or sidewalk shall be subject to the requirements of Section 7.04.020 (M), Public nuisance defined (noise) of this code.

D. Indemnification. The permit holder shall defend, indemnify and hold the city and its employees harmless from and against any loss or damage arising from the use or existence of the improvements or encroachment authorized under a right-of-way use permit.

E. Insurance. The permit holder shall obtain and maintain in force comprehensive general liability, broad form property damage and blanket contractual liability insurance in a combined single limit amount, per claim and aggregate, of at least one million dollars covering the permit holder's operations on the sidewalk. Such insurance shall name on a special endorsement form, the city, its elected and appointed boards, officers, agents and employees as additional insured. A certificate of insurance shall contain provisions that prohibit cancellation, modification, or lapse without thirty days' prior written notice to the city.

F. Compliance with Laws. The permit holder shall comply with all local, state and federal laws, and all liquor control board and county health department rules and regulations.

A. A right-of-way use permit shall be required for all encroaching furniture and improvements. A right-of-way use permit shall be obtained as follows:

1. The application shall be filed with the city hall on a form provided by the city hall staff;

2. The application shall be signed by the owner of the property or his authorized agent;

3. The application shall be accompanied by a site plan, drawn to scale and fully dimensioned, which accurately depicts the location, height, nature and extent of all proposed improvements and objects within the encroachment zone. All fixed features such as tree wells, sign posts, fire hydrants, news racks, light poles, etc. within twenty feet of the encroachment zone shall be depicted on the site plan;

4. An annual permit fee as established by resolution of the city council is due at the time of the issuance of a new right-of-way use permit. Once issued, a right-of-way use permit must be renewed annually by January 31st to remain valid.

B. Prior to issuance of the right-of-way use permit, the applicant shall provide both the certificate of insurance and the completed standard special endorsement in a form meeting the approval of the city attorney.

C. A right-of-way use permit may be issued by the mayor after consultation with the director of public works, police chief, building official, fire marshal and city attorney. The mayor may impose any reasonable conditions on the right-of-way use permit necessary for the protection of the public.

Valid right-of-way use permits shall remain in effect from the time they are issued until the end of that year and renewed by January 31st of each year thereafter. If not renewed by February 28th, the right-of-way use permit will be revoked and the application process must be completed again.

A. Horizontal Clearance. A clear, continuous pedestrian path of not less than six feet in width shall be required for pedestrian circulation outside of the outdoor use area, except that a pedestrian path of not less than five feet will be allowed where a barrier is required. As used herein, pedestrian path means a continuous obstruction-free sidewalk or right-of-way, paved to city standards, between the outside boundary of the use area and any obstruction, including but not limited to street trees, landscaping, street lights, benches and curb lines.

B. Allowable Uses. Any outdoor use of the public sidewalk or public right-of-way may incorporate street trees or street furniture, provided that the required pedestrian path is maintained outside of the outdoor use area.

C. Setback from Corners, Streets and Alleys. When an outdoor use area is located at a street corner, a ten-foot setback from the corner of the building shall be maintained along both frontages. When an outdoor use area is located adjacent to a driveway or an alley, a five-foot setback shall be maintained from the driveway or alley.

1. No barrier shall be required if the proposed use does not include the serving of alcohol;

2. Establishments that serve alcoholic beverages in the outdoor area shall provide a physical barrier that meets the requirements of this policy and of the alcoholic beverage control board;

3. Barriers should compliment the building facade as well as any street furniture and be somewhat transparent (such as wrought iron) and shall be able to withstand inclement weather;

4. Barriers shall be capable of being removed through the use of recessed sleeves and posts, by wheels that can be locked into place, or weighted bases. Barriers can be erected after April 1st of each year and shall be removed by October 31st each year. Barriers shall be removed if not in use of thirty days.

B. Awnings and Umbrellas. The use of awnings over the outdoor use area and removable table umbrellas shall be permitted, provided they do not interfere with street trees. Awnings shall have no support posts located within the public right-of-way. A building permit must be obtained prior to installation of any awning.

C. Lighting. Outdoor lighting fixtures should compliment the style of the building. Lighting fixtures shall not be glaring to motorists or pedestrians on the adjacent right-of-way, and shall illuminate only the outdoor use area. Outdoor lighting may be installed on the facade of the building. Electrical fixtures shall not be permitted in the public right-of-way. Lighting shall be installed by a licensed electrician under an electrical permit issued by the Department of Labor and Industries. Battery-operated lamps will be permitted.

D. Design. The design, material, and colors used for chairs, tables, umbrellas, awnings and other fixtures should compliment the architectural style and colors of the building facade and street furniture.

E. Signs. Notwithstanding any other provision of this code, signs and logos shall be permitted on umbrellas in outdoor dining areas and affixed to carts.

F. Heaters. Portable propane heaters shall be allowed within the outdoor use areas.

G. Disabled Access. All requirements of the Americans with Disabilities Acts shall be met.

In the event that a permit holder fails to abide by the provisions of this policy or the terms and conditions of a right-of-way use permit, the permit may be revoked as follows:

A. The city shall give five business days' written notice to the permit holder of the violation requiring revocation of the permit, providing that if the violation is corrected within five business days, the permit will not be revoked.

B. If, at the expiration of five business days the violation is not corrected, the city shall issue a notice of revocation of the right-of-way use permit, and the permit holder will be required to immediately cease all activity in the city right-of-way.

C. The permit holder or property owner shall pay all costs incurred by the city in abating the encroachment or improvement.

D. The permit holder or property owner may appeal the permit revocation to the city council at its next regularly scheduled meeting by filing a notice of appeal with the city hall staff. The permit holder may continue the use of the city right-of-way pending appeal.

E. The city may immediately suspend the permit holder's permit for up to five business days for a public safety violation. If the violation is not corrected within five business days, the city will issue a notice of revocation as set forth in subsection b of this section. The permit holder may not continue the use of the city right-of-way pending an appeal of a revocation of the permit due to a safety violation.

F. The city attorney is authorized to bring an action in the Cowlitz County Superior Court to enjoin any use of the city right of way carried out in violation of this chapter.

* Editors Note: Ord. No. 1240, § 7, adopted June 17, 2009, amended Ch. 17. 28. Former Ch. 17.28 pertained to similar subject matter and derived from Ord. No. 491, §§ 6.01--6.05, adopted 1966; Ord. No. 751, § 4, adopted 1988; and Ord. No. 1200, § 1, adopted 2007.

The I-1 district provides for manufacturing, warehousing, distribution operations, and recreational opportunities and limited commercial activity.

A. Commercial, manufacturing, and industrial uses similar in operation as, but not restricted to, the following:

1. Port facilities, such as ship berthing areas, loading and unloading facilities, and port office buildings;

9. On-site and off-site hazardous waste treatment and storage facilities; provided that such facilities meet the state siting criteria adopted pursuant to the requirements of RCW 70.105.210 as now or hereafter amended;

10. Within the boundaries specified in Figure 17.28.020-1, cultural institutions and museums;

11. Within the boundaries of Figure 17.28.020-1, lodging facilities and restaurants, pubs, tasting rooms, retail uses and microbreweries with indoor and outdoor seating, either in stand-alone buildings or combined into a single building, provided that microbreweries must be an integral part of a restaurant and the product can be brewed only for on-site retail. Uses under this subsection are subject to the following:

a. Submittal of Plans. For new construction or expansion to an existing building, an applicant must submit to the city, site development plans, landscaping, parking and lighting plans, proposed building elevation drawings and other information needed by the city building and planning department to review for conformance with this chapter and other associated city codes.

b. Signage. Signs shall be permitted as allowed in accordance with the sign standards set forth for commercial districts in Section 17.38.110.

c. Building Setbacks. Minimum front yard setback shall be fifteen feet from the shoulder of roads and streets. There shall be no limitations on side and rear yard setbacks, provided that all permanent buildings shall be set back a minimum of thirty-five feet from the Columbia River and all permanent buildings shall be a minimum of twenty-five feet apart.

d. Building Height. No building shall be more than three and one-half stories high or over forty-five feet in height.

e. Lot Coverage. There are no percentage limitations on lot coverage, provided that site landscaping standards are met.

f. Site Lighting. Exterior wall-mounted and pole-mounted lighting shall be shielded and directed downward. Exterior lighting on poles shall not exceed the maximum building height specified herein.

g. Site Landscaping. Interior landscaping of ten percent or more of the site area shall be required when the site, exclusive of the building area, is five thousand or more square feet, or the proposed structure or combination of structures is greater than five thousand square feet in size. The interior landscaping placed within the on-site parking area shall be counted towards the minimum ten percent requirement. Where unique site specific conditions exist, deviations from this requirement may be authorized.

h. Off-Street Parking. Parking associated with authorized uses shall generally comply with Chapter 17.44. Minimum parking requirements for authorized uses may be addressed through joint parking arrangements to reduce the need to construct new parking areas immediately adjacent to Columbia River.

i. Off-Street Parking Landscaping. Landscaping shall be provided in any newly constructed off-street parking on a site in such a manner to soften the hard-surfaced nature of the parking area and provide shading, where appropriate.

j. Vision Clearance. Vision clearance shall be maintained at all street intersections of private and public roadways, alleys, driveways. A vision clearance setback of fifteen feet shall be maintained from the edge of any existing or proposed roadway. Low-height landscaping such as shrubs three feet or less in height or grass or groundcovers shall be planted and maintained in required vision clearance areas.

k. Permanent Buildings Required. All buildings shall be installed on and attached to a permanent foundation and permanently attached to sewer, water and electrical utilities. The foundation and all building elements must comply with all current and applicable city building code standards.

l. Temporary Buildings Permitted. A temporary or mobile structure or tent associated with an authorized use and intended to support a special event shall be allowed for a maximum of thirty days, except temporary buildings approved in the conditional use process or temporary construction offices which can remain on a construction site for the term of the construction work or one year, whichever is shorter, unless extended as a conditional use to accommodate a longer construction period.

* Sections 17.28.020(A)(10) and (11) shall only be applicable in the above hatched area.

1. Commercial recreation, such as ice and roller skating rinks, auditoriums, boat harbors, marinas, and related facilities;

The following uses are permitted in an I-1 district in conjunction with, but subordinate to, any of the uses permitted in Section 17.28.020:

C. Parking lots for employees' cars and equipment incidental to the operation of said business or industry.

Off-street parking shall be provided in any I-1 district in accordance with the requirements of Chapter 17.44.

In furtherance of the comprehensive plan of the city, the recreational district classification is intended to provide available area for the purpose of public and private outdoor recreation. Private outdoor recreation includes areas operated for profit. Private and public recreation includes facilities and equipment for recreational purposes including swimming pools; tennis courts; playgrounds; marinas; micro-breweries with public touring, tasting room and associated facilities; retail shops and food, beverage and lodging facilities associated with tourism; business offices associated with the foregoing activities; and other similar uses. The type and extent of private recreation allowed in a recreational area will be subject to the approval of the planning commission of the city, and must be consistent with the goals and purposes of the recreational use district.

All uses defined in Chapters 17.20, 17.24, and 17.28 are specifically prohibited in a recreation use district, except as may be approved by the planning commission of the city as provided above in Section 17.32.010.

Off-street parking shall be provided in any Rec. district in accordance with the requirements of Chapter 17.44.

Editors Note: Ord. No. 1227, § 1, adopted Sept. 17, 2008, repealed Ch. 17.36. Former Ch. 17.36 pertained to supplementary use regulations and derived from Ord. No. 491, §§ 8.01--8.08, adopted 1966; and Ord. No. 516, § 3, adopted 1970.

* Editors Note: Ord. No. 1266, § 2, adopted Jan. 19, 2011, amended ch. 17.38 to read as set out herein. Former ch. 17.38, §§ 17.38.010--17.38.170, pertained to similar subject matter and derived from Ord. No. 980, § 3(part), adopted 1997; Ord. No. 1040, § 1, adopted 2000; and Ord. No. 1073, § 2, adopted 2001.

This chapter recognizes the importance of signs in the community and establishes regulations intended to protect the public from damage or injury caused by or attributable to distractions and obstructions caused by poorly designed or improperly located signs. These regulations are also intended to stabilize or enhance the overall appearance of the community, preserve and enhance property values, preserve night sky and attract tourists.

"Abandoned sign" means any sign, including its structure and other components, which is located on vacant property or an unoccupied building for a period of six months or more and which, during that time, is not used for legal sign purposes; or which relates to a time, event or purpose which no longer applies; and/or which has been allowed to deteriorate to become a public hazard or eyesore.

"Alteration" means any change in the size, shape, method of illumination, position, location, construction or the support structure of a sign.

"Area of a sign" means the total space or outer dimensions of a sign, including any logos or other artistic or architectural features that are directly related to or an integral part of the sign.

"Awning/canopy" means a temporary or movable shelter (awning) or a fixed rigid shelter (canopy) supported entirely by the exterior wall of the building and generally extending over a pedestrian walkway.

"Bulletin board" means a permanent sign structure intended to accommodate changeable copy, such as private or public notices, special event information, and other short-term messages, and generally at a scale suitable for pedestrians and not intended to be read by passing motorists.

"Changeable copy/message center/readerboard sign" means a permanent sign structure that may be internally or externally illuminated and intended to accommodate changeable lettering, numbering, graphic displays, or other short-term messages. Generally used for commercial advertising or for public service announcements or current or coming events. (Also see "public information/identification sign.")

"Construction sign" means a sign that relates directly to a construction project taking place on site and may include such information as the name of the project and contractors, phone numbers, completion dates, and similar information about the project.

"Directional sign" means a permanent sign which is designed solely for the purpose of directing motor vehicle, pedestrian, bicycle, or other traffic, or individuals, toward a specific destination or route.

"Freestanding sign" means any non-movable sign not affixed to a building that is not a portable sign.

"Frontage" means the actual length of the front property line abutting a street or alley (if no street frontage), or the length of the property line of a flag lot that most closely parallels the street it most directly relates to.

"Grade" means the level of the surface of the ground that lies immediately below a sign or proposed sign location. When a slope is involved, the grade shall be the average of the levels at each support member of the sign's structure.

"Identification sign" means a sign intended solely to inform the public of the use of a property, building, office or premise, and which may typically include the address, suite number, or other identifying information, but that does not include advertising or messages that are not necessary for the identification of the premises.

"Illegal sign" means any sign or advertising device which was erected or altered in violation of the sign codes in effect at the time of such action and which remain in violation of existing codes.

"Incidental signs" means signs that are intended for the convenience of the public, which are informational only and which do not include the advertising of products or services. Such signs include business hours signs, credit card signs, entrance and exit signs, and similar signs, some of which may be required by law for safety purposes.

"Maintain" means to allow to exist or continue to exist. Also, where the context indicates, to keep in a safe, neat and clean condition.

"Marquee" means a permanent roofed structure with drainage provisions attached to and supported by a building and projecting away from the building which is erected over a doorway or doorways as protection against weather, typically common to theaters. A marquee itself is not a sign, but is commonly used to support signs.

"Mixed use structure" means a building or groups of buildings under one ownership designed to encourage a diversity of compatible land uses, which include a mixture of two or more of the following uses: residential, office, retail, recreational, light industrial, and other miscellaneous uses.

"Monument" means a type of structure either explicitly created to commemorate a person or important event or which has become important to a social group as a part of their remembrance of past events. This structure is not used for advertisement, but for use as a memorial.

"Moving, flashing or animated sign" means any sign that includes action or motion, including flashing lights, color changes, revolving or waving actions other than wind actuated elements such as flags, pennants, banners, and similar devices. These types of signs do not include time/temperature signs, nor electronic or electric readerboard or message center signs with messages that change no more frequently than two-second intervals.

"Multiple-building or professional complex" means a group of structures housing a combination of business, office, residential, or other uses, and which shares a common area, access, parking and/or other facilities.

"Multiple-occupancy building" means a single building housing more than one retail business, office, commercial venture or other allowed land use.

"Nonconforming sign" means a sign that was legally established, but no longer conforms to the current sign standards or this chapter.

"Portable sign" means any non-illuminated sign designed to be moved easily and not permanently affixed to the ground or to a structure or building, located in the public right-of-way.

"Projecting sign" means a sign, other than a wall sign, which is attached to and projects from a structure or building facade and the face(s) of which is not parallel to the building's facade. This sign may be supported by a structure in addition to its building or wall support.

"Public information/identification sign" means a sign intended solely to inform the public of events or activities or community interest, to identify the entrance to or exit from the city or a district or neighborhood within the city, and which does not include the advertising or any business, product or service of a commercial nature, nor any logo, symbol, or other indication of a commercial message or sponsorship.

"Shopping center" means a group of commercial establishments planned, constructed, and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations, and protection from the elements.

"Sign." Any communication device, structure or fixture which is intended to identify a building, place, use, business or event, to make a statement, or to promote the sale of products, goods or services using graphics, letters, figures, symbols, trademarks or written copy is a sign. Painted wall designs or patterns of an artistic or architectural nature which do not represent a product, service or registered trademark, do not identify these, and do not otherwise meet the above definition, are not considered signs. If a design or pattern is combined with a sign, only that part of the design or pattern which cannot be distinguished from the sign will be considered part of the sign.

"Sign structure" means any structure specifically intended to support a sign, and which may include supports, uprights, braces, framework, or other members needed for support.

"Sign, real estate, on-site" means a sign pertaining to the sale or lease of the premises on which the sign is located.

"Sign, real estate, off-site" means a readily removable sign announcing the proposed sale or rental of property other than the property upon which the sign is located and providing directions to the subject property. This does not include a boxed cabinet or permanent sign which advertises multiple properties for sale in the form of real-estate brochures or changeable copies.

"Sign, sandwich board" means a freestanding sign constructed in such a manner as to form an "A" or a tent-like shape, hinged or not hinged at the top; each angular face held at an appropriate distance by a supporting member.

"Sign, special event" means a sign advertising display that is temporary in nature is not permanently attached to the ground or sign surface, and is used for special events, such as, but not limited to, grand openings, seasonal sales, liquidations, going-out-of-business sales, fire sales, and promotions. Special event sign may be in the form of banners, flags, pennants, balloons and similar devices.

"Temporary political and election signs" means temporary political and election signs shall include signs pertaining to elections, bond measures, initiatives, and similar matters. The term "signs" as used in this chapter shall not be deemed to include permanent outdoor advertising structures or billboards, which are regulated by the other sections of this chapter, regardless of whether political advertising is carried on such outdoor advertising structures or billboards.

"Temporary/special purpose sign" means a sign that is not permanently affixed and which is intended for short-term use, such as to advertise a specific activity such as a special promotion, sale or fundraising event. Signs advertising property for sale or rent, and garage/yard sale signs.

"Wall sign" means a sign attached directly to or erected against the wall of a building with the face parallel to the facade of the building and extending no more than twelve inches from the wall.

This chapter is intended to maintain a common environment that is visually pleasing and functionally efficient, while promoting local businesses through a common advertisement framework. These regulations are not intended to, and do not restrict, limit or control the content of any sign message. These regulations shall apply to all on-site or off-site signs in all zoning districts and may be subject to additional requirements of certain districts, or to state and federal regulations. In cases of conflict, the most stringent requirement shall prevail.

A. Permit Required. No sign shall be placed, erected or displayed without first obtaining a sign permit, except in the case of signs that are specifically exempt in Section 17.38.050.

B. Removal of Nonconforming Signs. No sign permit shall be issued to allow a new or additional sign on a property having a nonconforming sign until such time as the nonconforming sign(s) is removed or modified to conform to this code.

C. Permit Application. An application for a sign permit must be signed by the property owner, lessee, contract vendee, or other tenant of the property on which the sign is to be erected or placed. Such application shall contain the following information unless determined by the building official to be unnecessary for the processing of the application:

1. Site Plan. Drawn to scale showing the subject property, streets, all existing buildings, and the location of any existing freestanding signs, utility poles and other structures within fifty feet of the proposed new sign's location;

2. Drawings. Showing the structural details of the proposed sign, including its dimensions, heights, materials, type of illumination, landscaping (freestanding signs) and structural support;

3. Photographs. Showing all existing signs on the subject property and building(s), and marked to indicate the proposed location of the new sign(s).

The following signs are exempt from the provisions of this chapter, but may be subject to other provisions of the zoning code or building code.

A. Traffic signs, wayfinding signs, signals, and other traffic control devices erected by the city or other public authority;

B. Public notices pertaining to public health or safety issues, or for notification of legal or legislative actions of public interest that are erected by the city or other public authority, and of a temporary nature;

C. Permanent plaques, cornerstones, name plates, and other building identification markings attached to or carved into the building materials and which are an integral part of the structure;

D. Signs within buildings, provided they do not include moving, flashing or animated signs (see definition) that are visible from any private or public roadway, or from adjacent properties;

E. Incidental signs intended for public information or convenience and which consist of no more than ten square feet for a combination of such signs. These may include restroom signs, hours of operation signs, address numbers, help wanted, open/closed signs, credit card signs, and similar signs;

F. The American flag, state of Washington flag, special purpose flags, pennants or banners that are displayed properly and not intended to contribute to a commercial advertising display;

G. Wall graphics of an artistic nature and that do not conform to the definition of "sign;"

H. Temporary/special purpose signs related to short-term events. [See Section 17.38.090, Temporary/special purpose signs.];

I. Public information/identification signs which are approved through the special purpose permit process;

J. Bulletin boards are exempt from sign permits and size requirements if they are provided for the use of the general public and not for commercial advertising purposes.

K. Monuments depicting significant events, persons, or accomplishments, as defined in this chapter.

The following signs are prohibited within the city limits of Kalama and shall be subject to removal through amortization or other means:

A. Strobe lights and signs containing strobe lights or any other flashing, moving or animated features that are visible beyond any property line. Readerboard or message center signs that change copy no more frequently than two-second intervals and time/temperature signs are exempt from this provision;

B. Signs placed or painted on any motor vehicle or trailer that is not operable and routinely used to transport or provide the goods or services being advertised, or that is parked with the primary purpose of providing a sign that would not otherwise be allowed;

C. Any private sign placed within a public right-of-way, on a public sidewalk, or overhanging a public right-of-way; except that signs overhanging a public sidewalk may be permitted if there is a minimum of eight feet of vertical clearance between the sidewalk and bottom of the sign and signs specifically authorized herein. (Publicly owned or installed signs not included.);

D. Any sign that is determined by the city council to be an imminent hazard to public safety due to its design, materials, physical condition or placement;

E. Signs painted, attached to, or otherwise supported by rock formations, utility poles, trees, or other plant materials;

F. Portable signs within any public right-of-way when obstructing pedestrian walkways, bikeways or driveways on private property.;

G. Signs owned by businesses which are not located within the Kalama city limits.

A. The area of sign faces shall include the entire sign area, including any surrounding frames or cabinet edges.

B. Sign area does not include supports, foundations or structures that are not part of the sign.

D. When signs are constructed of individual letters or other pieces attached to a wall or other flat surface, the sign area is determined by a perimeter line drawn around and containing all the pieces.

E. Multiple-copy signs or shopping center signs consisting of several individual signs on the same support structure are calculated as the total of all individual sign components.

F. A round or cylindrical sign is calculated as the maximum area that can be seen at one time from one position, or fifty percent of the total area, whichever is greater.

G. The height of a sign is measured from "grade" as defined, to the highest point of the sign or its structure, whichever is higher.

H. Sign clearances are measured from grade directly below the sign to the bottom of the sign or sign frame.

I. Street corner signs (at an intersection) shall be assigned to one of the frontages by the applicant and shall conform to the requirements of that frontage only.

J. Portable signs shall be calculated as part of the total freestanding sign area available to the site.

A. Applicability. Commercial, industrial, residential, public, and quasi-public uses and mixed-use developments (commercial combined with multi-family residential) may display event signage in compliance with the following regulations. These regulations apply to use of signs for grand opening events or for periodic special events. This subsection does not apply to those signs and displays exempt per KMC 17.38.050, Exempt Signs.

1. Temporary and special event signs are subject to the same setback and clearance requirements that are applicable to other signs and shall not cause a hazard to public safety or block the visibility of motorists.

2. Temporary political signs, as defined in this chapter, are prohibited on public property.

3. Roof. No sign or advertising device shall be placed on top of a roof or extend vertically above the fascia of the building.

4. Perimeter Street Landscaping. Event signage shall not be located within required perimeter street landscaping.

C. A temporary sign shall not be permanently attached to the ground, a building, or to any other structure, other than necessary to secure it to prevent theft or wind damage.

D. Signs that are related to a specific event or date shall be removed within ten days of that occurrence, such as following an election, the sale of a property, close of a carnival, end of garage/yard sale or similar event.

E. Wind signs or devices that flutter, wave, sparkle, or otherwise move from the pressure of the wind are considered to be temporary signs or devices and shall be used only for specific promotions or events and not as permanent sign devices.

F. Short- and long-term special event signs may be placed in accordance with the following table anywhere in the city:

Sign Type	A	B
Description	Short term special event	Long term special event
Time Limit	7 days	60 days
Sign Placement Permit Required	If larger than 32 s.f. or higher than 6 ft.	no
Zoning Approval Required	no	no
Within Right-of-Way	Requires lease with city council action	Requires lease with city council action

G. Any temporary sign that has been removed shall not be replaced by another temporary sign at the same site for a period of at least ninety days following its removal.

1. Fee. Before erecting any such sign or signs on private property, the person desiring to erect the same shall pay to the city clerk a single fee which shall entitle such person to erect as many such signs as desired on any and all private property within the city for which permission of the owner or occupant thereof has been first secured. The fee shall be determined during the budget process for the city.

2. Deposit. In addition to such fee, the person desiring to erect any temporary political signs shall, before doing so, deposit a sum to be determined by city clerk to cover all such signs erected, as a guarantee that the same will be removed within ten days after the election for which such signs are displayed and thus will not contribute to visual pollution in the city; provided all such signs are removed within such time, which determination shall be made by the city, such deposit will be refunded, without interest, to the person presenting to the city clerk the deposit receipt issued by the city at the time of the deposit. If such signs are not so removed within such ten days, the deposit shall be deemed forfeited to the city to help defray the cost to the city of removing such signs. At the time of making such deposit, the person making the same shall designate to the city clerk the signs, by name of the individual or proposition listed on such signs, for which such deposits being made.

3. Size. The face of any such sign shall not exceed four feet in height or width and eight feet in length.

A. Extension Above Rooftop. No sign that is attached to a building shall extend above the parapet or eave line.

B. Incidental Signs. Signs within buildings, provided they do not include moving, flashing or animated signs (see definition) that are visible from any private or public roadway, or from adjacent properties are exempt from permit requirements.

C. Canopies and Awnings. Signs placed on projecting canopies and awnings, whether lighted or not, shall be calculated only for the area of the canopy or awning taken up by the sign itself. Lighting of the awning or canopy, whether directly, indirectly or by back-lighting shall have no affect on the sign requirements, unless lighted signs are specifically prohibited in that area or zone.

1. All signs, including supporting structures, shall be erected or placed totally within the boundaries of the site and not within any public right-of-way, with the following exceptions:

2. A vision clearance setback shall be maintained a distance of at least ten feet from the edge of any existing roadway or from the proposed edge of a planned road or road proposed to be widened. Any sign located within this strip shall be either (1) lower than thirty-six inches above grade, or (2) higher than eight feet above grade. Any posts or other supporting structures shall have a diameter no greater than twelve inches within this area.

3. Any pedestrian clearance vertical distance of eight feet from grade or sidewalk to the lowest part of the sign is required for any sign extending over public sidewalks or other walkways.

4. Any projecting sign may extend beyond the property line and over a public pedestrian walkway for a maximum distance of six feet beyond the property line.

5. Freestanding signs, other than sandwich board signs, shall not extend beyond property lines.

E. Removal. Unless otherwise specified in this code, the applicant or property owner must remove all nonconforming signs within fourteen days and all conforming signs within ninety days of the date of the closure or discontinuance of the business, use or event with which the signs were associated.

The following regulations shall pertain to signs placed within all each commercial zoning districts:

A. Total allowable sign area is determined in the central business zoning district (CBD) as follows:

a. Maximum of one square foot of sign area for each lineal foot of primary street frontage of the primary building;

b. Maximum of forty square feet for a business which operates with a street frontage of less than forty feet;

c. If more than one business share an entry, an additional six square feet may be added for a multiple-tenant directory;

d. The sign maximum sign area includes all types of signs on all sides and all stories of the building or premises. Exceptions: parking lot identification signs, symbol signs, commemorative plaques, window sign letters less than six inches in height, window signs above the first floor, and signs listed as exempt in KMC 17.38.050 are not included in determining allowable sign area;

e. Within the total allowable sign area determined above, the total area of signs attached to any given wall shall not exceed the sign area calculation derived from the street frontage of that wall, or forty square feet or, whichever is the greater area.

2. Projecting signs and marquees are subject to the following additional regulations:

a. Shall not exceed one square feet for each lineal foot of street frontage width;

c. Minimum clearance of eight feet must be maintained above the sidewalk and six inches from the vertical wall;

3. Portable signs are subject to the following regulations within the public right-of-way:

i. Single-Tenant Building. No more than one portable sign shall be allowed for each street frontage for any single-tenant building.

ii. Multi-building Complexes or Multitenant Buildings. For multi-building complexes or multitenant buildings no more than one portable sign shall be allowed per business.

b. Location of Sign. Signs shall be located next to curb edge of a sidewalk, directly in front of the advertising business, in such a manner so as not to interfere with the opening of car doors, loading zones, or pedestrian traffic.

c. Pedestrian Clearance. A minimum of three feet of unobstructed sidewalk area is required. If the pedestrian clearance is not three feet or more in width, the sign is not allowed.

d. Clear Vision Area. No sign shall be located as to pose a traffic vision hazard.

e. Size. No sign may be greater than twenty-four inches wide and thirty-six inches tall.

g. Maintenance and Appearance. All signs shall be in good repair and neatly painted.

h. Display Times. A-frame signs shall not be displayed during non-business hours.

i. Owners of such signs shall assume liability for damage or injury resulting from their use, holding the city harmless and indemnifying the city for such resulting loss and/or injury.

ii. Shall not exceed one square feet for each lineal foot of street frontage, provided no sign shall exceed one hundred square feet in area;

iv. One free standing sign is allowed per business; a second sign is permitted if the signs are one hundred feet apart.

a. Signs shall be illuminated internally or indirectly from above the sign toward the ground;

c. Signs identifying rear or secondary entrances shall be no more than four square feet in area and must not be a freestanding sign.

6. Prohibited Signs. In addition to those signs listed as prohibited in KMC 17.38.060 signs and off-site real estate signs are not permitted in the central business district.

B. Total allowable sign area is determined in the Highway Commercial Zoning District (HWC) as follows:

a. Narrow Parcels. A parcel having less than fifty feet of street frontage may have a single freestanding sign not to exceed fifty square feet in area.

b. Wide Parcels. A parcel having street frontage greater than fifty feet may have an aggregate freestanding sign area not to exceed one square foot per lineal foot of frontage, provided no sign exceeds one hundred square feet in area.

c. Multiple Signs. Lots having more than one hundred feet of street frontage may have more than one freestanding sign, per function, per street frontage.

d. Spacing. Freestanding signs on the same parcel shall be no closer than fifty feet to each other and no closer than twenty-five feet from adjacent properties.

e. Height. The maximum height of a freestanding sign shall be thirty-five feet from grade directly below the sign to the highest point on the sign or its structure.

f. Shopping Center or Professional Complex. A shopping center, professional office complex, or similar large multiple building or multiple occupancy development may have an identification sign to a maximum size of three hundred square feet, placed along one or more street frontages that are longer than three hundred feet each, provided the sign is no closer than one hundred feet from adjacent property on the same side of the street and no other freestanding signs larger than fifty square feet are placed on the property.

a. Maximum Aggregate Area. The total area of wall signs, projecting signs, and other signs attached to buildings shall not exceed two square feet for each lineal foot of building facade width.

b. Maximum Sign Size. Any single sign attached to a building shall not exceed one hundred square feet in area unless the total sign area is less than ten percent of the total facade area.

c. Number of Signs. There is no limit to the number of individual signs, provided they are for on-premise advertising in commercial districts and provided the total sign area limitations are maintained.

d. Illumination. Signs may be illuminated directly, indirectly or internally, provided the lighting is directed away from any residences or other light-sensitive land uses, and away from oncoming traffic.

3. Projecting Signs. On properties where a freestanding sign cannot be erected due to setback requirements or building placement, a projecting sign may be allowed in lieu of the permitted freestanding sign.

4. Awning or Canopy Signs. Sign area shall be calculated as part of total allowed area for a wall sign. No canopy sign shall extend above the top of the canopy.

The following regulations shall pertain to signs placed within the industrial district.

A. Freestanding Signs. Maximum Area. The freestanding sign requirements of the commercial districts shall apply, with the exceptions of schools, parks, and similar non-retail facilities which shall be limited to a single fifty-square-foot freestanding sign per street frontage.

1. Maximum Aggregate Area. The total area of wall signs, projecting signs, and other signs attached to buildings, including rooftop, shall not exceed one hundred square feet.

2. Maximum Sign Size. Any single sign attached to a building shall not exceed one hundred square feet.

3. Number of Signs. There is no limit to the number of individual signs, provided they are for on-premise advertising and the total sign area limitations are maintained.

4. Illumination. Signs may be illuminated directly, indirectly or internally provided the lighting is directed away from any residences or other light-sensitive land uses, and away from oncoming traffic.

The following regulations shall pertain to signs placed within the residential zoning district.

1. Entrance Signs. One freestanding sign shall be permitted at each street entrance to a neighborhood, subdivision, manufactured home park, apartment/condominium complex, or other homogeneous residential area. Such sign shall be designed specifically to identify that development and is subject to review and approval during the site plan review and/or planned unit development review. Such sign shall be no larger than fifty square feet.

2. Individual Properties. Each residential property may have one freestanding permanent sign, not to exceed two square feet in area.

3. Multiple-Family Developments. Residential properties having four or more dwelling units may have one permanent sign per street frontage, not to exceed a total sign area of four square feet.

4. Height. Freestanding signs in residential zones shall be limited to six feet in height, measured from grade directly below the sign to the highest point on the sign or its structure.

B. Wall Signs. Any of the freestanding sign limitations of Sections 17.38.130(A)(2) or (A)(3) may be applied as wall signs in lieu of freestanding signs.

C. Other Provisions. Special care shall be taken in residential zones to direct sign lighting away from residences and traffic. External sign lighting shall be directed toward the sign and away from traffic. Internally illuminated signs are prohibited. Resident name plaques and address numbers shall not be included in the total sign area calculations.

A. Strict application of sign regulations in the case of mixed-use structures may be subject to conditions of approval that are imposed to prevent adverse impacts on the neighborhood or adjacent properties and to ensure land use compatibility.

B. In zoning districts that permit a mixture of residential, commercial and/or industrial or special-purpose uses, the sign requirements of the district in which the permitted use is located shall apply. (For example: An office building in a residential zone may erect signs based on the residential district sign regulations.)

A. The city of Kalama shall have the authority to grant administrative approval for minor adjustments to sign heights, numbers of signs, sign placement and sign size, provided:

2. The adjustment is based on a hardship or problem with the site, existing building placements or poor site visibility.

B. A variance application for adjustments beyond ten percent shall be presented to the hearing examiner. Upon receipt of a completed variance application, a public hearing date will be set for the next regularly scheduled meeting of the hearing examiner, not to exceed forty-five days after acceptance of the completed application. The application will be reviewed by city planning staff and written findings will be provided to the examiner prior to the public hearing.

Legally established signs that no longer conform to these sign provisions may remain, subject to the following:

B. The sign face may not be enlarged, but may be reduced in size to lessen the degree of nonconformity.

C. Structural additions to a nonconforming sign are prohibited. Improvements that eliminate nonconformities are encouraged.

D. A nonconforming sign may be relocated or structurally altered without achieving full compliance with code requirements when the proposed change will bring the sign closer to compliance, will remove a safety hazard, and/or the overall visual/aesthetic impact will be improved, provided the subject sign has not been targeted for amortization.

E. Any portable or temporary/special purpose sign that is found to be nonconforming shall be removed immediately.

F. Upon transfer or sale of a business or structure, any non-conforming sign shall be brought to compliance with the standards of this chapter or shall be removed.

A. The city of Kalama shall be authorized to remove or cause to be removed any abandoned, defective, illegal or prohibited sign, subject to the notice requirements set forth in this section.

B. A notice describing the sign to be removed shall be prepared by the city and shall include a description of the violation or other problem, and shall specify a time period of not greater than thirty calendar days during which the violation or problem shall be corrected, or the sign removed.

C. The notice of violation and time limit for correction shall be mailed by certified mail to the owner of the sign, or the owner of record of the property on which the sign is located. Such notice shall also be posted at a conspicuous location on the subject property.

D. If the problems or violations have not been corrected within the required period and the sign has not been removed, the sign shall be removed by order of the city and the costs of removal and storage of the sign shall be assessed in the form of a lien against the property from which the sign was removed.

E. A sign which has been removed and held by the city longer than thirty days and not recovered by its owner, shall be declared abandoned and the title shall be vested in the city.

F. Upon closure or vacancy of a business, signs associated with the business must be removed by the business or the property owner.

G. The city of Kalama shall be authorized to remove or reposition signs which are an immediate concern to public safety without prior notice requirements. Notice to the owners of those signs removed from the owner's property will be sent within five days of the removal.

Editors Note: Ord. No. 1227, § 1, adopted Sept. 17, 2008, repealed Ch. 17.40. Former Ch. 17.40 pertained to supplementary yard and area regulations and derived from Ord. No. 491, §§ 9.02--9.05, adopted 1966; Ord. No. 516, § 3, adopted 1970; Ord. No. 944, § 10, adopted 1996; and Ord. No. 1094, §§ 1--3, adopted 2002.

The intent of the parking requirements is to encourage commerce by ensuring adequate parking for the occupants, employees, visitors, customers and patrons.

1. In all use districts, space for the off-street storage and parking and loading and unloading of motor vehicles shall be reserved and improved for use when any building or structure is erected.

2. Design Standards. All off-street automobile parking and truck loading/unloading space, shall be made permanently available for such purposes.

(1) Commercial and industrial surfaces must be paved with asphalt or concrete per the public works standards.

(2) Residential driveways may be paved with an approved impervious surface, or public work's approved pervious pavement.

[D]. Alternative Compliance in the Central Business District. Upon written request by the applicant, the city planner may approve an alternative-parking ratio.

(1) Review Criteria: To approve an alternative plan, the city planner must find that the proposed alternative plan accomplishes the purpose of this section equally well or better than the standards of this section. The city planner shall consider:

(i) The number of employees occupying the building or land use and the number of expected customers or clients;

(iii) Purchased or leased parking spaces in a municipal or private parking lot meeting the requirements of the city; trip reduction programs (if any);

(iv) Any other factors that may be unique to the applicant's development request;

(v) Continuity and convenient proximity for pedestrians between or among existing or future uses in the vicinity;

(vi) Visual and aesthetic impact along the public street by placing parking lots to the rear or along side of buildings, to the maximum extent feasible. Visual and aesthetic impact of the surrounding neighborhood;

[E]. Size of Commercial Parking Space. Each off-street parking space shall have a width of not less than nine feet and a depth of not less than twenty feet. Each space shall be provided with adequate ingress and egress.

(i) Compact parking stalls will be allowed to be eight feet wide and eighteen feet in length.

(ii) Parallel parking stalls will be allowed to be eight feet wide and twenty-two feet in length.

[F]. Location. Off-street parking facilities shall be located on-site to the extent feasible. Any pre-marked on-street parking space may be counted toward fulfilling that use's parking requirement. All required off-street parking spaces shall be located so as to not encroach in any required yard setback area, except that parking shall be permitted in the rear yard setback area excluding the side yard setback requirements.

(1) In the central business district any pre-marked on-street parking space entirely or partially within two hundred feet of the street flanking property line(s) may be counted towards fulfilling that use's parking requirement. If one or more bulb-outs lie within the two hundred-foot radius, the radius shall be extended the linear distance of the bulb-out. Figure 17.44.020(E)(1)-1 displays examples of the two hundred feet buffer as it applies to corner lots, through lots, and traditional lots in the central business district.

(2) In the central business district new parking spaces will not be required for additions to existing buildings that are less than twenty-five percent of the existing floor area and less than one thousand square feet. This exception to the parking requirement may be utilized only once per property and does not apply to additions or remodeling for the purpose of adding residential units.

(1) In all commercial districts, every use which will require the receipt or distribution of materials or merchandise by truck or similar vehicle shall provide a space for the loading and unloading of goods and materials with the best method possible.

(2) In the highway commercial district, such space shall not be less than ten feet in width nor twenty-five feet in length, with adequate access to a public right-of-way. On every lot which business is conducted, there shall be provided space for the loading and unloading of goods and materials.

[H]. Joint Use of Parking and Loading Facilities. Joint parking and/or loading facilities serving two or more uses, structures, or parcels of land may be approved to the extent that the owners or operators of the uses, structures, or parcels are under separate ownership, the right to joint use of the parking space must be evidenced by a deed, lease, contract or other appropriate written document to establish the joint use.

[I]. Sidewalks. Sidewalks must be installed, repaired and maintained in all commercial zones in accordance with Kalama Municipal Code Chapter 11.04.

In the case of mixed uses, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. Off-street parking facilities for one use shall not be considered as providing required facilities for any other use except as hereinafter specified for a joint use.

Prior to the issuance of a building permit for any building or use requiring more than one off-street parking space, a plan showing proposed and existing buildings and the layout, dimension, and number of off-street parking spaces shall be submitted to and approved by the city's building and planning department.

A. Circulation Routes. Parking lots shall provide well-defined circulation routes for vehicles, bicycles, and pedestrians. Layout and design shall anticipate the needs of users and provide continuity between vehicular circulation, parking, pedestrian, and bicycle circulation.

B. Traffic Control Devices. Standard traffic control signs and devices shall be used to direct traffic, where necessary within a parking lot and must incorporate traffic calming methods in the design.

C. Orientation. All parking lots shall include walkways that are located in places that are logical, safe, and convenient for pedestrians.

D. Landscape Islands. To the maximum extent feasible, landscaped islands with curbs shall be used to define parking lot entrances, the ends of all parking aisles and the location and pattern of primary internal access drives, and to provide pedestrian refuge areas and walkways. Every nine parking spaces shall have a landscaped island. The dimensions of which shall be ten feet outside edge to outside edge of curb and the curb shall be a minimum of eight inches in width.

E. Shopping Cart Bays. Parking areas where shopping carts are an integral part of the commercial business shall be designed to accommodate shopping cart storage. Cart storage spaces shall be intergraded into the landscape areas within the parking area and shall be placed appropriately to accommodate the maximum number of parking spaces.

Editors Note: Ord. No. 1252, § 1, adopted Mar. 4, 2010, deleted § 17.44.050 which pertained to loading and unloading and derived from Ord. No. 1073, § 3(part), adopted 2001.

Any nonconforming use of land, buildings, or structures lawfully existing at the effective date of the ordinance codified in this title may be continued, subject to the provisions of this chapter.

Any building or structure conforming as to use but nonconforming as to height, lot area, lot coverage, or yards at the effective date of the ordinance codified in this title may be altered, repaired, or extended; provided that such alteration, repair, or extension shall not increase the existing degree of nonconformance.

A. Any building or part thereof containing a nonconforming use may be maintained with ordinary repair; provided that no such building or part shall be extended, expanded, or structurally altered except as otherwise required by law.

B. A nonconforming use of a part of a building shall not be extended throughout the building.

C. Any land or building or part thereof formerly used by a nonconforming use and which had been unoccupied or unused continuously for a period of at least one year shall not be reoccupied except by a conforming use.

The city may grant variances from the requirements of this title where it can be shown that, owing to special and unusual circumstances related to a specific piece of property, the literal interpretation of this title would cause undue or unnecessary hardship. No variance shall be granted to allow the use of property for purposes not authorized in the district in which the proposed use would be located. In granting a variance the city may attach conditions which it finds necessary to protect the best interests of the surrounding property or neighborhood and to otherwise achieve the purposes of this title.

(Ord. 1040 § 2, 2000: Ord. 878 § 1, 1994: Ord. 807 § 1, 1991: Ord. 516 § 3 (part), 1970; Ord. 491 § 12.01, 1966).

A. The variance shall not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity and zone in which the property on behalf of which the application was filed is located; and

B. That such variance is necessary, because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property, to provide it with use, rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; and

C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated; and

D. The hardship asserted by the applicant is not the result of the applicant's or the owner's action.

(Ord. 1040 § 3, 2000: Ord. 807 § 2, 1991: Ord. 516 § 3 (part), 1970; Ord. 491 § 12.02, 1966).

A request for a variance may be initiated by a property owner or his authorized agent by filing an application with the city clerk-treasurer on forms prescribed by the city council at least forty-five days prior to the hearing examiner meeting at which the proposal is to be reviewed. The completed application shall be accompanied by a statement showing the conditions for granting under Section 17.52.020 have been met by the applicant's property, together with a site plan, drawn to scale, showing the dimensions and arrangements of the proposed development and its relationship to the surrounding property, together with a fee as established by resolution of the city council, which shall be nonrefundable. In addition to such fee, the person filing such request shall pay on demand by the city clerk-treasurer, the actual costs incurred by the city in connection with such request, and all actions taken pursuant thereto for copying, publication costs, postage, hearing examiner charges and recording fees. No final action shall be taken upon such request until the application is deemed complete by the city clerk and until all such fees and costs have been paid in full. The fees herein provided may hereafter be increased or decreased by resolution duly enacted by the city council.

(Ord. 1119 § 18, 2003: Ord. 1040 § 4, 2000: Ord. 878 § 2, 1994: Ord. 807 § 3, 1991: Ord. 627 § 1, 1979: Ord. 516 § 3 (part), 1970; Ord. 491 § 12.03(1), 1966).

Before a request for a variance is acted upon it shall first be considered at a public hearing before the hearing examiner. Notice of the public hearing shall be given as specified in either subsections A or B of this section.

A. By sending copies of the notice by mail not less than seven days prior to the date of hearing to all property owners whose property abuts, touches, or adjoins, or is directly across a street or an alley from the property involved, using for this purpose the names and addresses of owners as shown upon the records of the county assessor's office. Failure to send notice to a person shall not invalidate any proceedings in connection with the application for a variances.

B. By posting not less than three copies of this notice, printed or written, in a conspicuous place at or near the location of the proposed variance.

C. By such additional advertisement as may be deemed necessary through the radio or press at the discretion of the hearing examiner.

(Ord. 1040 § 5, 2000: Ord. 878 § 3, 1994: Ord. 807 § 4, 1991; Ord. 516 § 3 (part), 1970; Ord. 491 § 12.03(2), 1966).

A. Upon receipt of a completed variance application request, the planning commission secretary in conference with the hearing examiner shall set the date for a public hearing to review such application. Such hearing shall be set not later than forty-five days after receipt of the completed application by the city clerk-treasurer. The planning commission secretary shall provide notice of such hearing pursuant to Section 17.52.040.

B. Any person interested in any application for variance may appear at the public hearing set for review thereof and present his remarks. Upon conclusion of the hearing the hearing examiner shall approve the variance request, deny the variance request or approve the variance request with conditions as authorized by the Kalama zoning code or the Kalama SEPA ordinance.

C. The hearing examiner may recess a hearing on a request for a variance, at the request of the applicant, in order to allow the applicant to provide additional information. The hearing examiner may also recess the variance public hearing on its own motion, in order to obtain additional information itself. Upon necessity of recess for these purposes, the hearing examiner shall announce the time and date when the hearing will be resumed.

D. The hearing examiner shall render the decision on the variance request as prescribed in Sections 2.34.130 and 2.34.140 of this code. All action on a variance request shall be completed within sixty days after the date of the first public hearing unless the applicant has requested an extension of the public hearing and has failed to provide additional information to the hearing examiner in a timely fashion, in which case at the end of such sixty-day period the hearing examiner shall deny the variance application.

The applicant or any interested party may file an appeal of the decision of the hearing examiner as prescribed in Section 2.34.150 of this code.

It is recognized that there are special uses which, because of their unique characteristics, cannot be properly classified in any particular zoning district without consideration in each case of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. These uses are called conditional uses. It is the intent and policy of the city that such uses be dealt with in such a way that shall not allow a deterioration of the intent of the district in which the application is intended nor shall there be a grant of any special privilege not available to other properties of the same district.

Only a property owner or his designee may file an application for a conditional use permit from the hearing examiner. It shall be presented to the city clerk-treasurer along with a filing fee as established by resolution of the city council. The filing fee shall not be refundable. A site plan will be attached to the application showing the existing property and surrounding area land uses and the uses that the applicant proposes for the subject property. The application together with the site plan shall be forwarded to the city planner. The city planner shall hold a preapplication conference with the applicant prior to the acceptance of the actual application or any fees.

The city planner shall make an investigation of the application and shall prepare a written report to the hearing examiner with a copy of the report forwarded to the applicant at least five working days prior to the hearing date. The hearing examiner shall establish a date, time, and place for the public hearing, not to exceed forty-five days after acceptance of the application and ensure that all public notices and postings are made in conformance with the requirements of this chapter.

Before a request for a conditional use permit is acted upon by the hearing examiner it shall first be considered at a public hearing. Notice of the public hearing shall be given as specified in either subsections A and B of this section.

B. The site shall be posted and removed by and at the cost of the applicant with signs "Notice of Pending Land Use Action." The signs shall be no less in size than eighteen inches by twenty-four inches on color laminated or equally weather resistant material with printing no smaller than one-half inch. The text containing the type of activity and date and time of the hearing shall be at least three-fourths inch in size.

C. By such additional advertisement as may be deemed necessary through the radio or press at the discretion of the hearing examiner.

A. In order to grant any conditional use, the hearing examiner must find that the establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case, be significantly detrimental to the health, safety, or general welfare of the persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the city. In making such a determination the examiner shall be guided by the following considerations and standards;

1. The use applied is either listed in the conditional uses allowed in the district or significantly similar to one or more of the listed uses and does not expand any nonconforming use.

2. That the use will not be detrimental to the character and use of adjoining buildings or those in the vicinity.

3. The use will not create a hazard in the immediate area either for the residences, people or vehicular traffic.

4. All required public facilities (i.e. water, sanitary sewer, drainage and streets) have adequate capacity to serve the proposed use.

5. Adequate ingress and egress will be available for fire and other emergency equipment.

6. Adequate off street parking will be provided to prevent congestion of public streets.

B. The hearing examiner may impose reasonable conditions to insure that the use, if granted, will meet the criteria set forth above, limit the term of the use, and require such bonds or other security devices as may be reasonably necessary to insure continued compliance with the conditions of the use permit. These conditions may include, but are not limited to the following:

2. Additional design features necessary to minimize impacts of the conditional use which could include landscaping, fencing, additional off-street parking etc.

5. Requirements under which any future enlargement or alteration of the use shall be reviewed by the city and new conditions imposed.

C. The hearing examiner shall render a decision as required in Kalama Municipal Code Section 2.34.130 and notify the applicant of that decision within five days after the public hearing. The decision of the hearing examiner shall be final unless appealed as outlined in Kalama Municipal Code Section 2.34.150.

D. A conditional use permit shall become void one year after approval, or after such greater or lesser time as may be specified as a condition of approval unless, within that time, the required building construction, alteration, or enlargement has been commenced and diligently pursued, or if no such construction, alteration or enlargement is required, the permitted activity is being regularly conducted on the premises. The hearing examiner may extend the permit for a period of one year.

The Kalama city council may revoke a conditional use permit upon receiving written findings outlining violations of a conditional use permit as issued by the hearing examiner. The city clerk-treasurer shall notify the original applicant of the city's intention to hold a public hearing for the purpose of revoking the conditional use permit for violations of standards and conditions imposed. The applicant shall be given full opportunity to show just cause of any violations or show city error in violation determination.

The original applicant can resubmit, only one time, the unamended application within one year after rejection by the examiner for no additional fee.

A conditional use permit application fee seventy-five dollars is establishes to cover the administrative expenses incurred by the city in the processing of the application, due at the time of application.

In addition to the application fee, the applicant for a conditional use permit will be responsible for the reimbursement to the city all actual costs associated with the application including but not limited to the publication costs, and the costs for the processing of the permit. At the applicant's expense the site is required to be posted with a sign as described in Section 17.54.040(B). These cost reimbursement are due prior to the issuance of the conditional use permit.

Proceedings for an amendment of this title may be initiated by either of the following two means:

1. Residential
a. Single family Detached Dwellings	2 off-street spaces for each dwelling or living unit. On-street parking of recreational vehicles is prohibited beyond a two-week time period.
b. Multifamily Dwellings	2 off-street spaces for each 2 dwelling or living units. On-street parking of recreational vehicles is prohibited beyond a two-week time period.
2. Commercial	Central Business District	Highway Commercial District
a. Food and Beverage Service Uses	1 space per 200 sq. ft. of dining floor area	1 space per 200 sq. ft. of dining floor area
b. Office Uses	1 space per 400 sq. ft. of floor area	1 space per 400 sq. ft. of floor area
c. Recreational and Cultural Uses	1 space per 200 sq. ft. of floor area	1 space per 200 sq. ft. of floor area
d. Commercial Retail Facilities	1 space per 400 sq. ft. of retail floor area	1 space per 400 sq. ft. of retail floor area
e. Service Uses, Health	1 space for every 3 patient/client beds, plus 1 additional space for each staff doctor or owner and for every 3 employees	1 space for every 3 patient/client beds, plus 1 additional space for each staff doctor or owner and for every 3 employees
f. Service Uses, Lodging	1 space per guest room	1 space per guest room
g. Personal Services Uses	1 space per 400 sq. ft. of floor area	1 space per 400 sq. ft. of floor area
(i) Child daycare centers or facilities	1 space per employee	1 space per employee
h. Service Uses, Miscellaneous	1 space per 200 sq. ft. of floor area	1 space per 200 sq. ft. of floor area
(i) Schools, public or private	1 space for each 12 students grades 1--8, 1 space for each 4 students grades 9--12	1 space for each 12 students grades 1--8, 1 space for each 4 students grades 9--12
i. Public Facility Uses	1 space per 300 sq. ft. of floor area	1 space per 300 sq. ft. of floor area
j. Other Uses	1 space for each 200 sq. ft. of gross floor area	1 space for each 200 sq. ft. of gross floor area
(i) Churches, clubs, museums, galleries, fraternal lodges, fraternal institutions, and similar secular non-secular "places of assembly"	1 space for each 6 seats or 12 feet of bench in principal place of worship	1 space for each 6 seats or 12 feet of bench in principal place of worship
k. Manufacturing/Industrial Use	Not Applicable	1 space for each 2 employees on shift of greatest employment, with a minimum of 3 spaces